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Home My WebLink About2019-11-12 VLHA Meeting Agenda Vail Local Housing Authority Meeting Results October 22, 2019 3:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1.Call to Order A quorum being present:Lindstrom, Meza, Morales, Wilkins,Lindstrom called the meeting to orderat 3:03PM.Present from staff is Campbell andRuther via phone. McDougall is absent. 2.Citizen Participation 2.1.Citizen Participation No one from the public is present. 3.Approval of Minutes 3.1.VLHA October 8, 2019 Meeting Results Moralesmade a motion to approve the meeting results as presented. MOTION: MoralesSECOND:LindstromVOTE:2-0 Wilkins and Meza abstained 4.Main Agenda 4.1.Resolution No. 28, Series of 2019, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Vail Village Filing 13, Block 2, Lot 17, Unit 1, Eagle County, Colorado with a Physical Address of 2490 Bald Mountain Road, Unit 1, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: WilkinsSECOND: MoralesVOTE: 4-0 Approved 4.2.Resolution No. 29, Series of 2019, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Vail Village Filing 13, Block 2, Lot 17, Unit 2, Eagle County, Colorado with a Physical Address of 2490 Bald Mountain Road, Unit 2, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: WilkinsSECOND:MezaVOTE:4-0 Approved 4.3.Resolution No. 30, Series of 2019, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Grouse Glenat Vail Unit 1B, Eagle County, Colorado with a Physical Address of 1480 Buffehr Creek Road, Unit 1B, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: WilkinsSECOND: MezaVOTE: 4-0 Approved 4.4.Vail Commons Condominiums Capital Improvements Revision Discussion Presenter: Vail Commons Homeowner Association Amanda Zinn,Vail Commons homeowner2092 Zermatt Lane Unit D, is representing the homeowner association Board. TheBoardand owners are requesting a review of allowable capital improvements and special assessments. A recent re-roof assessment of $14,000 each owner has been assessed. The Board/ownersare questioning if the roof assessment countstoward the 10% capital improvements each10 years. Zinn requested the Town review what is included in the 10%. She expressed concerns about additional damage caused by the roof shouldn’t be included in the 10%. Roof flood events have been caused by roof ice dams. Rutherasked for additional information regarding repair insurance recovery. Can Vail Commons get understanding how these repairs are or have been covered by insurance? What is the percentage of repair work that was covered by owner’s and HOA insurance company? Ruther asked Zinn if the owners are looking for reimbursement for replacements due to roof leaks/damageor just what was not covered by insurance. Wilkins said there maybe history at the Commons. The argument of including assessments in cost basiswas because the homes are sold at below marketprice. He believes repairs needed due to building flaws or damage should be reviewed not to be included in capital improvements. He thinks board should consider a review of changes. Morales asked ifan assessment required for a repair count as a capital improvement? Ruther noted the Housing department is requesting the Authorityto make recommendation to Town Councilfor revision to capital improvement, what counts or doesn’t count. Staff was directed to discuss capital improvements with the Town attorney.Determine lines of responsibility and how assessments count toward allowable capital improvements. 4.5Lindstrom added for discussion, Deed Restriction Compliance and Enforcement Policies –Recommendation The board reviewed a draft council memoregarding deed restriction compliance and policy discussion.This document includes the Authority’s and from director staff meeting recommendations. Desired outcomes are listed at the end of the memo.He clarified noncompliance submittal date or noncompliance due to nonsubmittal. He would like to th take to council onNovember 5. Per Ruther the Authority reviews memo and Council would direct staff modify and adopt the policy. Staff would come back regarding specific language and penalties to administer. Morales asked what happens to reoccurring noncompliance. Mire said this is perfect example of administrativecivic penalty.Mire had some recommendations he would suggest, something likeshort-term regulations. Staff wants to know if the Authority believes in assessing civil penalties versus going back to courtfor reoccurring noncompliance. The Authority recommendsstaff take the compliance and policy discussion to Council on November 5, 2019. 5.Matters from the Chairman and Authority Members 5.1.Matters from the Chairman and Authority Members The Board members provided take-aways from the Housing Now Conference. Input was positive and everyone agreed Vail InDEED has statewide traction. Community Land Trust session was informative. Study using 4 counties as examples, Eagle County was one. We could review that report data. Lindstrom believes this could be a tool to be used, based on shared appreciation. He believes Vail InDEED is much more streamline than the Community Land Trust model. The Town could keep in mind when building something multijurisdictional. Morales said guest speaker had a good point, are we here to house people or cars. Morales mentioned the county is reviewing mobile home parks.New state legislation recently passed. County has invited members of the state for a discussion on Friday, October 25, 2019 from 2-5PM at the County building.Meza and Morales will try to attend.Lindstrom asked them to summarize the meeting at the next VLHA meeting. 6.Executive Session 6.1.Executive Session per C.R.S. §24-6-402(4)(a)(e) -to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators,regarding: four (4) submitted Vail InDEED applications and program details. Presenter: Lynne Campbell, Housing Coordinator Meza motioned to exit regular meeting to enter executive session MOTION: WilkinsSECOND:WilkinsVOTE:4-0Approved Meza departed meeting at 4:10PM. There is still a quorum, Lindstrom, Morales and Wilkins. Wilkinsmotioned to exit executive session and reenter the regular meeting. MOTION: WilkinsSECOND:MoralesVOTE:3-0 Approved 7.Any Action as a Result of Executive Session Wilkinsmade a motion for staff to move forward with the Vail InDEED applications as discussed in executive session. MOTION: WilkinsSECOND:MoralesVOTE:3-0 Approved 8.Adjournment 8.1.Adjournment 5:00 PM (estimated) MOTION: WilkinsSECOND: MoralesVOTE: 3-0Approved 9.Future Agenda Items 9.1. EHU Capital Improvements, Labor Cost Housing Data Housing Sites Discussion Civic Area Plan Land Banking (sale of GRFA) Public Health Housing Incentive, Eagle County Health Incentives for Long Term Rentals Deed Restriction Annual Compliance and Enforcement Policy Recommendation 10.Next Meeting Date 10.1.Next Meeting Date November 12, 2019 10.2November 26, 2019 Meeting is Cancelled Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All housing authority meetings are open to the public. Times and order of agenda are approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. Housing Department RESOLUTION NO. 31 Series of 2019 RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS CONDOMINIUM UNIT 304, BUILDING D, BROOKTREE TOWNHOUSES, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 980 VAIL VIEW DRIVE, UNIT D304, VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail, County of Eagleand State of Colorado is dulyorganized and existing under the laws of the State of Colorado; and WHEREAS, the members of the Authority have been duly appointed and qualified; and WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to purchase a Type III Deed Restriction (the “Deed Restriction”) on the property legally described as Condominium Unit 304, Building D, Brooktree Townhouses, Town of Vail, Eagle County, Colorado with a physical address of 980 Vail View Drive, Unit D304, Vail Colorado (the “Property”); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the Authorityat themaximum purchase price of $90,300. 2.TheChairman of the Vail Local Housing Authorityis hereby authorized to execute, on behalf of the Town, an agreement to purchase the Deed Restriction and to take whatever steps are necessary to complete the purchase of the Deed Restrictionon the Property. 3.This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local th Housing Authorityof the Town of Vail held this12dayofNovember, 2019. Steve Lindstrom, Chairman of the Vail Local HousingAuthority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority ResolutionNo. 3,Series of 2019 RESOLUTION NO. 32 Series of 2019 RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS UNIT 1,ASPEN TREE CONDOMINIUMS, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 931 RED SANDSTONE ROAD, UNIT 1, VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail, County of Eagleand State of Colorado is dulyorganized and existing under the laws of the State of Colorado; and WHEREAS, the members of the Authority have been duly appointed and qualified; and WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to purchase a Type III Deed Restriction (the “Deed Restriction”) on the property legally described as Condominium Unit 1,Aspen Tree Condominiums, Town of Vail, Eagle County, Colorado with a physical address of 931 Red Sandstone Road,Unit 1, Vail Colorado (the “Property”); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the Authorityat themaximum purchase price of $57,600. 2.The Chairman of the Vail Local Housing Authorityis hereby authorized to execute, on behalf of the Town, an agreement to purchase the Deed Restriction and to take whatever steps are necessary to complete the purchase of the Deed Restrictionon the Property. 3.This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local th dayofNovember, 2019. Housing Authorityof the Town of Vail held this12 Steve Lindstrom, Chairman of the Vail Local HousingAuthority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority ResolutionNo. 32,Series of 2019 RESOLUTION NO. 33 Series of 2019 RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS CONDOMINIUM UNIT 12-J, PITKIN CREEK PARK PHASE III, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 4061 BIGHORN ROAD, UNIT 12J, VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail, County of Eagleand State of Colorado is dulyorganized and existing under the laws of the State of Colorado; and WHEREAS, the members of the Authority have been duly appointed and qualified; and WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to purchase a Type III Deed Restriction (the “Deed Restriction”) on the propertylegally described asCondominium Unit 12-J, Pitkin Creek Park Phase III, Eagle County, Colorado with a Physical Address of 4061 Bighorn Road, Unit 12J, Vail Colorado; (the “Property”); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the Authorityat themaximum purchase price of $105,544. 2.The Chairman of the Vail Local Housing Authorityis hereby authorized to execute, on behalf of the Town, an agreement to purchase the Deed Restriction and to take whatever steps are necessary to complete the purchase of the Deed Restrictionon the Property. 3.This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED ANDADOPTED at a regular meeting of the Vail Local th Housing Authorityof the Town of Vail held this12dayofNovember, 2019. Steve Lindstrom, Chairman of the Vail Local HousingAuthority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority ResolutionNo. 33,Series of 2019 RESOLUTION NO. 35 Series of 2019 RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY DESCRIBED AS CONDOMINIUM UNIT 3-B, VAIL HEIGHTS NO. 2 CONDOMINIUMS, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2099 CHAMONIX LANE, UNIT 3-B, VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail, County of Eagleand State of Colorado is dulyorganized and existing under the laws of the State of Colorado; and WHEREAS, the members of the Authority have been duly appointed and qualified; and WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to purchase a Type III Deed Restriction (the “Deed Restriction”) on the property legally described asCondominium Unit 3-B, Vail Heights No. 2 Condominiums, Eagle County, Colorado with a Physical Address of 2099 Chamonix Lane, Unit 3-B, Vail Colorado; (the “Property”); and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the Authorityat themaximum purchase price of $41,000. 2.The Chairman of the Vail Local Housing Authorityis hereby authorized to execute, on behalf of the Town, an agreement to purchase the Deed Restriction and to take whatever steps are necessary to complete the purchase of the Deed Restrictionon the Property. 3.This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED ANDADOPTED at a regular meeting of the Vail Local th dayofNovember, 2019. Housing Authorityof the Town of Vail held this12 Steve Lindstrom, Chairman of the Vail Local HousingAuthority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority ResolutionNo. 35,Series of 2019 RESOLUTION NO.34 SERIES2019 ARESOLUTIONAPPROVINGATHIRDAMENDMENTTO DEVELOPMENTAGREEMENTBETWEENTHETOWNOFVAILAND SONNENALPPROPERTIES,INC. WHEREAS,theTownandSonnenalpProperties,Inc.(“Sonnenalp”)enteredinto aDevelopmentAgreementdatedOctober25,2017,recordedatReceptionNo. 201720427(the"DevelopmentAgreement"),underwhichtheDeveloperwaspermitted todevelopthePropertyforrentalemployeehousing; WHEREAS,onJanuary16,2018,theTownandSonnenalpenteredintoan AmendmenttoDevelopmentAgreement,recordedatReceptionNo.201804629(the "FirstAmendment"); WHEREAS,onJuly5,2018,theTownandSonnenalpenteredintoaSecond AmendmenttoDevelopmentAgreement,recordedatReceptionNo.201812373(the "SecondAmendment");and WHEREAS,thePartieswishtoamendthetermsoftheDevelopmentAgreement again. NOWTHEREFORE,BEITRESOLVEDBYTHEVAIL LOCAL HOUSING AUTHORITYOFTHETOWNOF VAIL,COLORADOTHAT: Section1.TheVail Local Housing Authority herebyapprovestheThird AmendmenttoDevelopmentAgreementinsubstantiallythesameformasattached hereto,andauthorizesthe TownManager toexecutethe ThirdAmendmentonbehalfof theAuthorityinaformapprovedbytheTownAttorney. th INTRODUCED,READAPPROVEDANDADOPTEDthis12dayofNovember 2019. Steve Lindstrom, Chairman ATTEST: Lynne Campbell, Secretary Resolution No. 34, Series of 2019 THIRDAMENDMENTTODEVELOPMENTAGREEMENT THISTHIRDAMENDMENTTODEVELOPMENTAGREEMENT(the"Second Amendment")is madethisdayof,2019(the"Effective Date"),byandamongtheTownofVail,Colorado,aColoradohomerulemunicipality withanaddressof75SouthFrontageRoad,Vail,Colorado81657(the"Town"), theVail LocalHousingAuthority,alocalhousingauthoritywithanaddressof75SouthFrontage Road,Vail,Colorado81657(the"VLHA"),andSonnenalpProperties,Inc.aColorado corporationwithanaddressof20VailRd.,Vail,CO81657("Developer")(each individuallya"Party"andcollectivelythe "Parties"). WHEREAS,thePartiesenteredintoaDevelopmentAgreementdatedOctober 25,2017,recordedatReceptionNo.201720427(the"DevelopmentAgreement"),under whichtheDeveloperwaspermittedtodevelopthePropertyforrentalemployeehousing; WHEREAS,onJanuary16,2018,thePartiesenteredintoanAmendmentto DevelopmentAgreement,recordedatReceptionNo.201804629(the"First Amendment"); WHEREAS,onJuly5,2018,thePartiesenteredintoaSecondAmendmentto DevelopmentAgreement,recordedatReceptionNo.201812373(the"Second Amendment"); and WHEREAS,thePartieswishtoamendthetermsoftheDevelopmentAgreement againas setforth herein. NOW,THEREFORE,forandinconsiderationofthemutualpromisesand covenantscontainedherein,thesufficiencyofwhichismutuallyacknowledged,the Partiesagree asfollows: 1.TownContribution.Section2oftheDevelopmentAgreementishereby amendedtoreadasfollows: 2.TownContribution.ForcompletionoftheDevelopmentinaccordance withtheApprovedPlanandthisAgreement,theTownshallpayDeveloper $4,030,000(the"TownContribution").TheTownContributionisbasedonaper Unitpriceof$65,000(for62Units).TheTownContributiondoesnotincludethe 3deedrestrictionsreferencedin Section5.f.hereof,whichalreadyexistedonthe Property.IftheApprovedPlanincludeslessthan65Units,theTown Contributionshallautomatically be reducedaccordingly,on aper-Unit basis.The TownContributionshallalsobereducedbytheactualamountofanygrant receivedbyDeveloper from anyother source. 11/1/2019 C:\\USERS\\TNAGEL\\APPDATA\\LOCAL\\MICROSOFT\\WINDOWS\\INETCACHE\\CONTENT.OUTLOOK\\SSUMUZ2A\\DA3RD AMEND-A110119(002).DOCX 2.PriorDeedRestrictions.Section5.foftheDevelopmentAgreementishereby amendedtoreadasfollows f.ExistingDeedRestrictions.Thereare9existingdeedrestrictionsonthe Property.Developershallexchangethe6ofthe9existingdeedrestrictionson thePropertytootherlocationsintheTown,pursuanttotheprocedureset forthin theVailTownCode,asamended.Theother3deedrestrictionshavebeen fulfilledbytheprovisionofthe65Units setforth inSection1hereof. 2. TheremainderoftheDevelopmentAgreement,includingallExhibits,asmodified bytheFirstAmendmentandtheSecondAmendment,shallremainunchangedandin fullforceandeffect. WHEREFORE,thePartieshaveexecutedthisSecondAmendmentasofthe EffectiveDate. TOWN OF VAIL,COLORADO Scott Robson,TownManager ATTEST: TammyNagel,TownClerk VAILLOCALHOUSINGAUTHORITY SteveLindstrom,Chair ATTEST: Secretary DEVELOPER ) STATE OF ) ss. ) COUNTYOF Theforegoinginstrumentwassubscribed,swornto,andacknowledged beforeme thisdayof,2019,by. Mycommissionexpires: (S E AL) NotaryPublic 11/1/2019 C:\\USERS\\TNAGEL\\APPDATA\\LOCAL\\MICROSOFT\\WINDOWS\\INETCACHE\\CONTENT.OUTLOOK\\SSUMUZ2A\\DA3RD AMEND-A110119(002).DOCX 2 11/1/2019 C:\\USERS\\TNAGEL\\APPDATA\\LOCAL\\MICROSOFT\\WINDOWS\\INETCACHE\\CONTENT.OUTLOOK\\SSUMUZ2A\\DA3RD AMEND-A110119(002).DOCX