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HomeMy WebLinkAbout2020-01-21 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers 6:00 PM, January 21, 2020 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Consent Agenda (5 min.) 2.1.Resolution No. 3, Series of 2020, a resolution authorizing the release of a deed restriction at 375 Mill Creek Circle in exchange for a new deed restriction to be recorded at 4192 Spruce Way/Altair Vail I nn, Unit 205A. Presenter(s): George Ruther, Housing Director Background: Section 12-13-5 of the Vail Town Code authorizes the exchange of existing E HU deed restrictions, subject to verification of compliance with prescribed requirements. Town staff has verified that the proposed request complies with each of the prescribed requirements. Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council approves Resolution No. 3, Series of 2020, as read 3.Town Manager Report (10 min.) 4.Executive Session 4.1.Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, regarding: update on pending litigation Town of Vail, Vail Beauty Corp. v. Town of Vail, case number: 1:19-cv- 02790-C MA-GP G; 2) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, regarding: potential deed restricted housing sites 20 min. Presenter(s): Matt Mire, Town Attorney 5.Any action as a result of executive session 6.Adjournment 6.1.Adjournment 6:50 pm estimate January 21, 2020 - Page 1 of 12 Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. January 21, 2020 - Page 2 of 12 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 3, Series of 2020, a resolution authorizing the release of a deed restriction at 375 Mill Creek Circle in exchange for a new deed restriction to be recorded at 4192 S pruce Way/A ltair Vail I nn, Unit 205A. P RE S E NT E R(S ): George Ruther, Housing Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Resolution No. 3, S eries of 2020 B AC K G RO UND: S ection 12-13-5 of the Vail Town Code authorizes the exchange of existing E HU deed restrictions, subject to verification of compliance with prescribed requirements. Town staff has verified that the proposed request complies with each of the prescribed requirements. S TAF F RE C O M M E ND AT IO N: T he Vail L ocal Housing Authority recommends the Vail Town Council approves Resolution No. 3, Series of 2020, as read AT TAC H ME N TS: Description Resolution No. 3, Series of 2020 E H U Exchange Request Memorandum Resolution No. 3, Series of 2020 E H U Exchange 01212020 January 21, 2020 - Page 3 of 12 To: Vail Town Council From: Vail Local Housing Authority Date: January 21, 2020 Subject: Resolution No. 3, Series of 2020, a resolution authorizing the release of a deed- restriction from a dwelling unit, located at 375 Mill Creek Circle (“exchange EHU”) in exchange for the recording of an employee housing deed-restriction at Altair Vail Inn, Unit 205A / 4192 Spruce Way Unit 205A (“proposed EHU”), pursuant to Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 1. SUMMARY The purpose of this memorandum is to forward the recommendation of the Vail Local Housing Authority on a request to release and exchange an existing EHU deed restriction. This request is in specific reference to the residential properties located at 375 Mill Creek Circle and 4192 Spruce Way, Altair Vail Inn, Unit 205A. Upon review of the EHU exchange criteria, and other factors highlighted in the staff memorandum to the Vail Local Housing Authority, the Authority members voted unanimously (3-0) to recommend approval of the EHU exchange request, as proposed. In doing so, the Vail Local Housing Authority found that the EHU exchange request complies with the criteria prescribed in the Vail Town Code. If authorized by the Vail Town Council, the Town staff will take the steps necessary to release the existing EHU deed restriction at 375 Mill Creek in exchange for the proposed EHU deed restriction at 4192 Spruce Way, Altair Vail Inn, Unit 205A. 2. ACTION REQUESTED The Vail Town Council is being asked to approve Resolution No. 3, Series of 2020, as read. Does the Vail Town Council support the recommendation of the Vail Local Housing Authority? January 21, 2020 - Page 4 of 12 Resolution No. 3, Series of 2020 RESOLUTION NO. 3 SERIES OF 2020 A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT BETWEEN THE TOWN OF VAIL AND ELIZABETH ROSS JOHNSON AMENDED AND RESTATED REVOCABLE TRUST; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Elizabeth Ross Johnson Amended and Restated Revocable Trust is the owner of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 375 Mill Creek Circle, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on September 15, 1994 at Reception No. 546050; WHEREAS, The Town is the beneficiary of said Restrictive Covenant; WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail Town Code, wish to mutually release the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Altair Vail Inn, Unit 205A/ 4192 Spruce Way, Vail, Colorado 81657 (the “Proposed EHU”); and WHEREAS, the Vail Local Housing Authority has reviewed the request and forwards its recommendation of approval to the Vail Town Council. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Mutual Release of Restrictive Covenant and authorizes the Town Manager to execute the Mutual Release of Restrictive Covenant Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town January 21, 2020 - Page 5 of 12 Resolution No. 3, Series of 2020 Attorney. Section 2. This Resolution shall take effect immediately upon the recording of an employee housing deed restriction in a form approved by the Town on the Proposed EHU. January 21, 2020 - Page 6 of 12 Resolution No. 3, Series of 2020 INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of January, 2020. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk January 21, 2020 - Page 7 of 12 Resolution No. 3, Series of 2020 EXHIBIT A January 21, 2020 - Page 8 of 12 Page 1 of 2 MUTUAL RELEASE OF RESTRICTIVE COVENANT THIS RELEASE is made and entered into this 21st day of January, 2020 by and between Elizabeth Ross Johnson Amended & Restated Revocable Trust, hereinafter referred to as “RELEASEE” and the Town of Vail, a Colorado Municipal Corporation, hereinafter referred to as “RELEASOR”. WHEREAS, Releasee is the owner of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 375 Mill Creek Circle, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on September 15, 1994 at Reception No. 546050; WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and WHEREAS, at the public meeting held on January 21, 2020, and pursuant to Section 12- 13-5 of the Vail Town Code, the Town Council of the Town of Vail, Colorado (“Town Council”) approved the release of the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Condominium Unit 205-A, Altair Vail Inn Condominiums, Vail, Colorado 81657. NOW THEREFORE, in consideration of the mutual terms and provisions herein below set forth, and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged to, the parties agree: 1. The Town Council approved the release of the Restrictive Covenant on January 21, 2020 via Resolution 3, Series of 2020. 2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in the office of the Clerk and Recorder of Eagle County, Colorado at Reception No. 546050 and dated September 15, 1994 and hereby releases Releasee from all duties and obligations of said Restrictive Covenant. 3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no further restrictions imposed by Releasor. 4. Upon execution of the Release, Releasee shall be free to reside in and use the Property with no further restrictions imposed by the Releasor. 5. This Release shall be permanent and shall run with the land and shall not be waived, abandoned, amended, or terminated and shall inure to the benefit and be binding upon the parties, their respective grantees, successors, or assigns. January 21, 2020 - Page 9 of 12 Page 2 of 2 6. This Release constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no inducements, representations, warranties, or understandings that do not appear within the terms and provisions of the Release. This Release may be modified only in writing, signed by both parties. 7. This release shall be recorded in the real property records of Eagle County, Colorado and the provisions of this Release shall be governed by the laws of the State of Colorado, including any action arising out of this Release. 8. If any provisions of this Release shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Release has been negotiated by the parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. RELEASOR: TOWN OF VAIL, a Colorado Municipal Corporation By: Scott Robson, Town Manager ATTEST: Tammy Nagel, Town Clerk RELEASEE: By: Elizabeth Ross Johnson Amended & Restated Revocable Trust, Current Owner STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020 by . Notary Public: My Commission Expires: January 21, 2020 - Page 10 of 12 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Executive Session, pursuant to: 1) C.R.S . §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, regarding: update on pending litigation Town of Vail, Vail B eauty Corp. v. Town of Vail, case number: 1:19-cv-02790-C MA-G P G; 2) C.R.S . §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, regarding: potential deed restricted housing sites P RE S E NT E R(S ): Matt Mire, Town Attorney January 21, 2020 - Page 11 of 12 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 6:50 pm estimate January 21, 2020 - Page 12 of 12