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HomeMy WebLinkAbout2022-11-15 Agenda and Supporting Documentation Town Council Afternoon Meeting Agenda1.Presentation/Discussion 1.1 Event Funding Contribution Update 15 min. Listen to presentation and provide feedback. Presenter(s): Mia Vlaar, Economic Development Director and Jeremy Gross, Special Event Coordinator Background: The Committee on Special Events and Event Funding Committee have reviewed the event sponsorship requests from 28 events and are making the recommendation to Town Council to approve the event allocations as presented. Staff Recommendation: Approve the event sponsorship allocations as presented. 1.2 Early Season Special Event Update 5 min. Verbal Update, information only. Presenter(s): Mia Vlaar, Economic Development Director and Jeremy Gross, Special Events Coordinator Background: Staff is providing Town Council with a brief update on the upcoming early season events. 1.3 Committee on Special Events Composition, Members and Terms 10 min. Listen to presentation and provide feedback. Presenter(s): Mia Vlaar, Economic Development Director and Jeremy Gross, Special Events Coordinator Background: In response to feedback from Town Council at the November 1, 2022 meeting, staff has prepared VAIL TOWN COUNCIL MEETING Afternoon Session Agenda Town Council Chambers 3:15 PM, November 15, 2022 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council 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 concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Council Memo - 2023 Special Event Sponsorship Allocations - 11-15-2022.pdf Council Presentation - Special Events Funding 11-15-2022.pdf 1 recommendations for formalizing the Committee on Special Events, which upon direction from Council, will be brought back at a later town council meeting as a resolution. Staff Recommendation: The current Committee on Special Events operates effectively, represents a cross section of the community, and should be retained in the current form. 1.4 Shift Bike – E-Bike Share 2022 End of Season Report 15 min. Listen to the presentation and provide input and direction for 2023. Presenter(s): Beth Markham, Environmental Sustainability Manager Background: Town of Vail implemented the regional Shift Bike electric bike share program in partnership with Town of Avon and EagleVail Metro District in June 2022. The program ran through October 31, 2022. This presentation will report on the overall success of the program including metrics, community feedback, and recommendations for improving and expanding the system in Vail and regionally. Staff Recommendation: Given the success of the regional Shift Bike share system in 2022, staff recommends supporting expansion in 2023 to increase micromobility opportunities, continue building a culture of bike commuting, and reduce parking congestion, vehicle miles traveled and related greenhouse gas emissions. 2.DRB / PEC (5 min.) 2.1 DRB/PEC Update 3.Information Update 3.1 AIPP October 3, 2022 Meeting Minutes 3.2 VLHA September 13, 2022 Minutes 3.3 VLHA September 27, 2022 Minutes 3.4 VLHA October 11, 2022 Minutes 3.5 Lions Ridge Apartment Homes, LLC Deed Restriction Compliance Council Memo - Committee on Special Events Composition, Members and Terms Council Presentation - Committee on Special Events Composition, Members and Terms E-Bike_Share_End_of_Season_Report_Memo_111522.pdf Shift_Bike_Share_Council_Presentation_111522.pdf DRB Results 11-2.pdf October 3, 2022 _Minutes_Images.pdf 2022-09-13 VLHA Minutes.pdf 2022-09-27 VLHA Minutes.pdf 2022-10-11 VLHA Minutes.pdf Lions Ridge Village Apartments Deed Restriction Compliance Memorandum 11152022.pdf 2 4.Matters from Mayor, Council and Committee Reports (10 min.) 5.Executive Session (20 min.) 1. C.R.S. §24-6-402(4)(a) to consider the purchase, acquisition, lease, transfer or sale of real, personal or other property and C.R.S. §24-6-402(4)(e) to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators on the topic of potential real property acquisition by the Town 6.Recess (4:35pm estimate) 201415583 Deed Restriction for the Occupancy 1265 North Frontage Road West.pdf Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 3 AGENDA ITEM NO. 1.1 Item Cover Page DATE:November 15, 2022 TIME:15 min. SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion SUBJECT:Event Funding Contribution Update SUGGESTED ACTION:Listen to presentation and provide feedback. PRESENTER(S):Mia Vlaar, Economic Development Director and Jeremy Gross, Special Event Coordinator STAFF RECOMMENDATION:Approve the event sponsorship allocations as presented. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - 2023 Special Event Sponsorship Allocations - 11-15-2022.pdf Council Presentation - Special Events Funding 11-15-2022.pdf 4 To: Mayor and Town Council From: Economic Development Department Date: 11/15/2022 Subject: 2023 Special Event Sponsorship Allocations I. BACKGROUND Over the last 12 months, Town Staff and the CSE have been working with Creative Strategies Group to update the model for reviewing and allocating event funding. The principal objectives of the new model are to: 1. Better align public funding to the return on investment received by the Town 2. Correlate Town sponsorship rights and benefits to the level of funding provided 3. Where appropriate, replace subjective/qualitative measurements with quantitative industry standards for scoring opportunities 4. Establish updated valuation/scoring metrics 5. Provide a single review process for evaluating event funding The update was completed and adopted for the 2023 funding cycle, including a new Request for Proposal and application form that highlights the Town’s sponsorship and marketing goals, new scorecards and rating scale, new categories for Recreation/tournament events, and all applications for signature and CSE events being reviewed in the same process. RFP Cycles In October 2022, the Economic Development Department published an RFP for 2023 special event funding for all Town funded events, including those traditionally funded by the CSE and those previously categorized in the Signature/council funded category. A second RFP will be published in the spring for events occurring later in 2023, new event requests or events with updated requests. A supplemental form was published to gauge interest from event producers who are expecting to apply for funding in the 2nd cycle to allow for better planning by Town staff and the CSE. Events such as Vail Oktoberfest and the Vail Sportsmanship Tournament that happen after Labor Day submitted their intent to apply in the second cycle. The town is anticipating 5 Town of Vail Page 2 approximately 20 applications to be submitted in the spring cycle, and funding has been set aside to allocate to those events. Budget The Town received 28 proposals in response to the RFP for 2023 event sponsorship: • 5 Signature Events • 10 Visitor Draw Events • 7 Recreation/Tournament Events • 6 Education and Enrichment Events. The total budget available for all 2023 event sponsorship is $1,565,960, flat from 2022. The total dollar amount requested was $1,449,500. The total dollar amount allocated is $1,128,500. Therefore, $437,460 remains for the 2nd cycle of funding in spring 2023. Additionally, the town has budgeted $950,000 for town-produced/RFP driven events; • $300,000 for April and December concerts • $150,000 for the monthly village concerts from January through April 2023 • $170,000 for Revely and Holidays 2023 • $80,000 for Vail America Days • $250,000 for ambient entertainment and family programming Review Process As part of the new event funding process, the Committee on Special Events viewed the sponsorship presentations from 28 event producers and made sponsorship funding recommendations in October, 2022. The Event Funding Committee subsequently reviewed the proposals and recommended sponsorship amounts, resulting in the final recommendations for funding included here. The new criteria created with the support of Creative Strategies Group was used for the sponsorship evaluation, including the new RFP application, tangible valuation matrix, new scorecards and scoring criteria, and the 2nd review by the Event Funding Committee. While the funding amounts look similar to past years, the detail provided in the application process and the marketing benefits provided to the town under the new sponsorship model have been improved. More focus is being put on the town’s goal to increase awareness of the Discover Vail brand and improve data collection opportunities from event producers. Town Council is asked to review the funding recommendations below and will be asked to call up any of the funding allocations that they would like to appeal within 60 days of 6 Town of Vail Page 3 the presentation of funding recommendations, or by the January 17 Town Council meeting. The second funding cycle will be completed in March/April of 2023. Throughout the year, CSE will be discussing other event need periods, desired event types and outcomes, etc. to develop RFP’s or tactics to bring new events to town. Sponsorship Allocations The following allocations were made by the Committee on Special Events and were finalized by the Event Funding Committee. The call up period begins on November 15th and will expire at the January 17th, 2023 Town Council Meeting. The full sponsorship proposals and supporting documents can be reviewed in the CSE meeting packet found here - https://www.vailgov.com/government/town-council/council-agendas- meeting-materials. 2023 Signature Events Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Recommendation EFC (FINAL) Recommended Allocation The AMP - Live Music & Entertainment 5/1 9/30 55,125$ 75,000$ 55,000.00$ 55,000.00$ Vail Dance Festival 7/28 8/8 55,000$ 80,000$ 65,000.00$ 65,000.00$ Mountain Games 6/7 6/11 140,000$ 165,000$ 155,000.00$ 155,000.00$ 2023 Bravo! Vail Music Festival 6/22 8/3 309,157$ 500,000$ 310,000.00$ 310,000.00$ Vail Jazz Festival 7/11 9/5 85,000$ 100,000$ 90,000.00$ 90,000.00$ Total 644,282$ 920,000$ 675,000.00$ 675,000.00$ Balance -$ 2023 CSE/Visitor Draw Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Recommendation EFC (FINAL) Recommended Allocation Vail Comedy Show 1/1 12/31 9,600$ 16,000$ 12,000.00$ 12,000.00$ Vail Comedy Festival 5/26 5/28 35,000$ 34,000$ 34,000.00$ 34,000.00$ Vail Skating Festival's Ice Spectacular 12/23 12/23 12,000$ 15,000$ 12,000.00$ 12,000.00$ Taste of Vail 4/5 4/8 48,000$ 47,500$ 45,000.00$ 45,000.00$ Vail Craft Beer Classic 6/16 6/17 40,000$ 50,000$ 40,000.00$ 40,000.00$ Vail Wine Classic 8/10 8/12 40,000$ 40,000$ 40,000.00$ 40,000.00$ Vail Yeti 12/2 3/24 18,000$ 25,000$ 25,000.00$ 25,000.00$ Vail Farmers' Market & Art Show 6/18 10/8 45,000$ 47,500$ 45,000.00$ 47,500.00$ Vail Farmers' Market Farm to Table Series 7/7 8/11 12,000$ 12,000$ $5,000 $5,000 Vail Arts Festival 6/16 6/18 6,000$ 15,000$ 10,000.00$ 10,000.00$ Total 265,600$ 302,000$ 268,000.00$ 270,500.00$ 7 Town of Vail Page 4 II. ACTION REQUESTED No action is requested today. If Town Council would like to call up any funding allocations, staff will prepare to discuss the event at the upcoming council meeting on December 6 or December 20, 2022. 2023 EE Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Recommendation EFC (FINAL) Recommended Allocation Vail Symposium 2022-2023 Lecture Series 12/1 11/10 31,000$ 35,000$ 30,000.00$ 31,000.00$ Alpine Arts Community Art Classes 1/1 12/31 14,000$ 15,000$ 12,000.00$ 12,000.00$ 10th Mtn Parades 12/30 3/26 18,530$ 14,000$ 14,000.00$ 14,000.00$ BFAG Wild Winter 11/1 4/30 22,000$ 15,000$ 15,000.00$ 15,000.00$ Vail Veterans Program 1/22 7/30 20,000$ 25,000$ 25,000.00$ 22,500.00$ Summervail Art Workshop Legacy Project 5/17 6/1 25,000$ 65,000$ 25,000.00$ 25,000.00$ Total 99,530$ 134,000$ 121,000.00$ 119,500.00$ 2023 Recreation Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Re commendation EFC (FINAL) Recommended Allocation Vail Lacrosse Tournament 2023 6/20 6/22 7,000$ 10,000$ 8,500.00$ 8,500.00$ Vail Whitewater Series 5/9 6/6 7,000$ 8,500$ 8,500.00$ 8,500.00$ Vail King of the Mountain Volleyball 6/14 6/18 12,000$ 10,000$ 10,000.00$ 10,000.00$ Vail Lacrosse Shootout 6/24 7/4 15,000$ 20,000$ 15,000.00$ 15,000.00$ Kick It 3v3 Soccer 7/28 7/31 15,000$ 30,000$ 15,000.00$ 7,500.00$ Steadman Clinic Vail Cup 1/21 1/21 5,000$ 5,000$ 5,000.00$ 5,000.00$ Vail Gymnastics Classic 9/16 10/14 8,000$ 10,000$ 9,000.00$ 9,000.00$ Total 69,000$ 93,500$ 71,000.00$ 63,500.00$ 8 PRESENTATION BY MIA VLAAR, ECONOMIC DEVELOPMENT DIRECTOR AND JEREMY GROSS, SPECIAL EVENTS COORDINATOR 2023 SPECIAL EVENT SPONSORSHIP ALLOCATIONS 9 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com BACKGROUND Over the last 12 months, Town Staff and the CSE have been working with Creative Strategies Group to update the model for reviewing and allocating event funding. The principal objectives of the new model are to: 1.Better align public funding to the return on investment received by the Town 2.Correlate Town sponsorship rights and benefits to the level of funding provided 3.Where appropriate, replace subjective/qualitative measurements with quantitative industry standards for scoring opportunities 4.Establish updated valuation/scoring metrics 5.Provide a single review process for evaluating event funding 10 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com BACKGROUND As part of the new special event review process,28 special event sponsorship proposals were presented to the Committee on Special Events in October. The Committee then scored each proposal and made sponsorship funding recommendations for each event. The Event Funding Committee subsequently reviewed the proposals and the Committee's recommended sponsorship amounts, resulting in final recommendations for funding included in this presentation to Town Council. Following this presentation, Town Council will be asked to call up funding allocations that they would like to appeal in approximately 60 days, by the January 17 meeting. If no call ups occur by January 17, 2023, the 2023 funding allocations will be final. 11 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com PROCESS October 26, 2022 –28 Event producers presented sponsorship proposals to CSE October 28, 2022 –CSE met to review scorecards and make funding recommendations November 3, 2022 –Event Funding Committee met to review event sponsorship requests, CSE recommendations and make final recommendation. November 15, 2022 –Present sponsorship recommendations to Town Council January 17, 2023 –Town Council Call Up period expires. Event Funding is finalized. March/April 2023 –2nd funding Cycle RFP published Ongoing –Discuss event needs with CSE to develop new RFP’s or other tactics to draw new events to town. 12 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com BUDGET The total budget available for all 2023 event sponsorship is $1,565,960, flat from 2022. The total dollar amount requested was $1,449,500. The total dollar amount allocated is $1,128,500. Therefore, $437,460 remains for the 2nd cycle of funding in spring 2023. Additionally, the town has budgeted $950,000 for town-produced/RFP driven events; •$300,000 for April and December concerts •$150,000 for the monthly village concerts from January through April 2023 •$170,000 for Revely and Holidays 2023 •$80,000 for Vail America Days •$250,000 for ambient entertainment and family programming 13 Town of Vail | Name of Presentation | vailgov.com SIGNATURE EVENTS SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS 2023 Signature Events Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Recommendation EFC (FINAL) Recommended Allocation The AMP - Live Music & Entertainment 5/1 9/30 55,125$ 75,000$ 55,000.00$ 55,000.00$ Vail Dance Festival 7/28 8/8 55,000$ 80,000$ 65,000.00$ 65,000.00$ Mountain Games 6/7 6/11 140,000$ 165,000$ 155,000.00$ 155,000.00$ 2023 Bravo! Vail Music Festival 6/22 8/3 309,157$ 500,000$ 310,000.00$ 310,000.00$ Vail Jazz Festival 7/11 9/5 85,000$ 100,000$ 90,000.00$ 90,000.00$ Total 644,282$ 920,000$ 675,000.00$ 675,000.00$ Balance -$ 14 Town of Vail | Name of Presentation | vailgov.com CSE/VISITOR DRAW EVENTS SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS 2023 CSE/Visitor Draw Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Recommendation EFC (FINAL) Recommended Allocation Vail Comedy Show 1/1 12/31 9,600$ 16,000$ 12,000.00$ 12,000.00$ Vail Comedy Festival 5/26 5/28 35,000$ 34,000$ 34,000.00$ 34,000.00$ Vail Skating Festival's Ice Spectacular 12/23 12/23 12,000$ 15,000$ 12,000.00$ 12,000.00$ Taste of Vail 4/5 4/8 48,000$ 47,500$ 45,000.00$ 45,000.00$ Vail Craft Beer Classic 6/16 6/17 40,000$ 50,000$ 40,000.00$ 40,000.00$ Vail Wine Classic 8/10 8/12 40,000$ 40,000$ 40,000.00$ 40,000.00$ Vail Yeti 12/2 3/24 18,000$ 25,000$ 25,000.00$ 25,000.00$ Vail Farmers' Market & Art Show 6/18 10/8 45,000$ 47,500$ 45,000.00$ 47,500.00$ Vail Farmers' Market Farm to Table Series 7/7 8/11 12,000$ 12,000$ $5,000 $5,000 Vail Arts Festival 6/16 6/18 6,000$ 15,000$ 10,000.00$ 10,000.00$ Total 265,600$ 302,000$ 268,000.00$ 270,500.00$ 15 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Name of Presentation | vailgov.com EDUCATION & ENRICHMENT 2023 EE Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Recommendation EFC (FINAL) Recommended Allocation Vail Symposium 2022-2023 Lecture Series 12/1 11/10 31,000$ 35,000$ 30,000.00$ 31,000.00$ Alpine Arts Community Art Classes 1/1 12/31 14,000$ 15,000$ 12,000.00$ 12,000.00$ 10th Mtn Parades 12/30 3/26 18,530$ 14,000$ 14,000.00$ 14,000.00$ BFAG Wild Winter 11/1 4/30 22,000$ 15,000$ 15,000.00$ 15,000.00$ Vail Veterans Program 1/22 7/30 20,000$ 25,000$ 25,000.00$ 22,500.00$ Summervail Art Workshop Legacy Project 5/17 6/1 25,000$ 65,000$ 25,000.00$ 25,000.00$ Total 99,530$ 134,000$ 121,000.00$ 119,500.00$ 16 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Name of Presentation | vailgov.com RECREATION/TOURNAMENTS 2023 Recreation Event Start Date End Date 2022 Funding 2023 Request 2023 CSE Funding Recommendation EFC (FINAL) Recommended Allocation Vail Lacrosse Tournament 2023 6/20 6/22 7,000$ 10,000$ 8,500.00$ 8,500.00$ Vail Whitewater Series 5/9 6/6 7,000$ 8,500$ 8,500.00$ 8,500.00$ Vail King of the Mountain Volleyball 6/14 6/18 12,000$ 10,000$ 10,000.00$ 10,000.00$ Vail Lacrosse Shootout 6/24 7/4 15,000$ 20,000$ 15,000.00$ 15,000.00$ Kick It 3v3 Soccer 7/28 7/31 15,000$ 30,000$ 15,000.00$ 7,500.00$ Steadman Clinic Vail Cup 1/21 1/21 5,000$ 5,000$ 5,000.00$ 5,000.00$ Vail Gymnastics Classic 9/16 10/14 8,000$ 10,000$ 9,000.00$ 9,000.00$ Total 69,000$ 93,500$ 71,000.00$ 63,500.00$ 17 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Name of Presentation | vailgov.com Question or feedback? 18 Thank you 19 AGENDA ITEM NO. 1.2 Item Cover Page DATE:November 15, 2022 TIME:5 min. SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion SUBJECT:Early Season Special Event Update SUGGESTED ACTION:Verbal Update, information only. PRESENTER(S):Mia Vlaar, Economic Development Director and Jeremy Gross, Special Events Coordinator VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 20 AGENDA ITEM NO. 1.3 Item Cover Page DATE:November 15, 2022 TIME:10 min. SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion SUBJECT:Committee on Special Events Composition, Members and Terms SUGGESTED ACTION:Listen to presentation and provide feedback. PRESENTER(S):Mia Vlaar, Economic Development Director and Jeremy Gross, Special Events Coordinator STAFF RECOMMENDATION:The current Committee on Special Events operates effectively, represents a cross section of the community, and should be retained in the current form. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - Committee on Special Events Composition, Members and Terms Council Presentation - Committee on Special Events Composition, Members and Terms 21 To: Mayor and Town Council From: Economic Development Department Date: 11/15/2022 Subject: Committee on Special Events Structure and Appointments I. Background In October 2022, Town Council repealed the Town Code section regarding the Commission on Special Events. This decision followed a yearlong review by an outside consultant of the special event funding process, which lead to the formation of the Commission on Special Events and the Event Funding Committee via administrative actions. The Committee on Special Events continues to review funding applications for events, approve the release of payments to events based on event preview reports and post event recap reports, provides general direction on town event plans, and provides feedback on the new sponsorship funding model. In response to feedback from Town Council at the November 1, 2022 meeting, staff has prepared the following recommendations for formalizing the Committee on Special Events, which upon direction from Council, will be brought back at a later town council meeting as a resolution. II. Committee on Special Events Qualifications The original code defined the Commission on Special Events as a seven-member board appointed by town council and comprised of individuals who are residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail or are employed within the Town of Vail. The current Committee on Special Events represents a cross section of the community including residents and representatives of business sectors including lodging, retail, restaurant, and the Vail Chamber and Business Association. Number of Members Through most of 2022, five members have served on the Commission, now the Committee on Special Events. Two seats were vacated during the year and were left unfilled while the review of the funding process was conducted. 22 Town of Vail Page 2 Terms The original town code defined two-year terms for town council appointed Commission members. III. Staff Recommendation The current Committee on Special Events operates effectively, represents a cross section of the community, and should be retained in the current form. Staff recommends: 1. Town council should retain the requirements that CSE members shall be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail or be employed within the Town of Vail. 2. Town Council should reappoint the current CSE members for one year with the opportunity to reassess the committee in December 2023. 3. As is the case with other committees such as the Parking and Transportation Taskforce, no official terms are recommended for the CSE at this time. Updates to the appointments and composition would be evaluated as seats are vacated and/or on an annual basis, but reappointments or term limits would not be required. 4. Reappoint the following members to the newly formed Committee on Special Events: • Nick Conover (Restaurant) • Douglas Smith (Resident) • Kim Newbury Rediker (Resident, Lodging) • Marco Valenti (Retail) • Alison Wadey - Board Chair (Vail Chamber) • IV. Action Requested of Council Provide direction on the composition of the CSE including member requirements and number of members. Staff will then prepare into a resolution for future adoption by town council. 23 PRESENTATION BY MIA VLAAR, ECONOMIC DEVELOPMENT DIRECTOR AND JEREMY GROSS, SPECIAL EVENTS COORDINATOR Committee on Special Events Structure and Appointments 24 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com Committee on Special Events Qualifications The original code defined the Commission on Special Events as a seven- member board appointed by town council and comprised of individuals who are residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail or are employed within the Town of Vail. The current Committee on Special Events represents a cross section of the community including residents and representatives of business sectors including lodging, retail, restaurant, and the Vail Chamber and Business Association. 25 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com Committee on Special Events Number of Members Through most of 2022, five members have served on the Commission, now the Committee on Special Events. Two seats were vacated during the year and were left unfilled while the review of the funding process was conducted. Terms The original town code defined two-year terms for town council appointed Commission members. 26 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com Staff Recommendation The current Committee on Special Events operates effectively, represents a cross section of the community, and should be retained in the current form. Staff recommends: 1.Town council should retain the requirements that CSE members shall be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail or be employed within the Town of Vail. 2.Town Council should reappoint the current CSE members for one year with the opportunity to reassess the committee in December 2023. 3.As is the case with other committees such as the Parking and Transportation Taskforce, no official terms are recommended for the CSE at this time. Updates to the appointments and composition would be evaluated as seats are vacated and/or on an annual basis, but reappointments or term limits would not be required. 4.Reappoint the following members to the newly formed Committee on Special Events: •Nick Conover (Restaurant) •Douglas Smith (Resident) •Kim Newbury Rediker (Resident, Lodging) •Marco Valenti (Retail) •Alison Wadey -Board Chair (Vail Chamber) 27 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Special Event Sponsorship Allocations | vailgov.com Action Requested of Council Provide direction on the composition of the CSE including member requirements and number of members. Staff will then prepare into a resolution for future adoption by town council. 28 SPECIAL EVENT SPONSORSHIP FUNDING ALLOCATIONS Town of Vail | Name of Presentation | vailgov.com Question or feedback? 29 Thank you 30 AGENDA ITEM NO. 1.4 Item Cover Page DATE:November 15, 2022 TIME:15 min. SUBMITTED BY:Beth Markham, Environmental Sustainability ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion SUBJECT:Shift Bike – E-Bike Share 2022 End of Season Report SUGGESTED ACTION:Listen to the presentation and provide input and direction for 2023. PRESENTER(S):Beth Markham, Environmental Sustainability Manager STAFF RECOMMENDATION:Given the success of the regional Shift Bike share system in 2022, staff recommends supporting expansion in 2023 to increase micromobility opportunities, continue building a culture of bike commuting, and reduce parking congestion, vehicle miles traveled and related greenhouse gas emissions. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: E-Bike_Share_End_of_Season_Report_Memo_111522.pdf Shift_Bike_Share_Council_Presentation_111522.pdf 31 To: Vail Town Council From: Environmental Sustainability Department Date: November 15, 2022 Subject: Shift Bike – E-Bike Share End of Season Report I. Purpose This memorandum and presentation provides the end of season report to the Vail Town Council on the Shift Bike regional electric bike share program since it launched June 7, 2022. II. Background Transportation is the leading source of greenhouse gas (GHG) emissions in Eagle County and the second leading source in Town of Vail. The Climate Action Plan for Eagle County establishes goals to reduce GHG emissions 25% by 2025, 50% by 2030 and 80% by 2050, and adopted by Town of Vail in 2018. The Climate Action Collaborative has identified several strategies to help achieve these goals including reducing single occupancy vehicles commute trips by getting people out of their cars twice per week and implementing multi-modal transportation options including micro-mobility solutions such electric bike share programs. In an effort to support these strategies, the towns of Vail and Avon and EagleVail Metro District partnered to launch Shift Bike, a regional electric bike share program. After a formal bid process, the partner communities contracted with Drop Mobility to implement and operate a turnkey program with 90 electric bikes and 20 hub stations. Town Council approved $174,400 in the 2022 annual budget to implement the Shift Bike program in Vail from June-October 2022. The Shift Bike system launched on June 7 and ran through October 31, 2022 when it went into hibernation for the winter. III. Shift Bike Operations Following the contract award, staff worked with Drop Mobility to identify hub station locations and develop a pricing structure. Hub station locations are close to transit centers, residential neighborhoods and essential services such as grocery stores. The pricing structure was established to encourage short commuting trips, discourage long, recreational trips, avoid competition with local bike shop rental programs and includes locals only memberships. The first 30-minute ride is free for anyone and the Pay as You Go pricing includes $3 to unlock a bike, which includes 30 minutes of ride time and then increases to $0.40/minute. Locals only memberships are available to residents who live, work or own property in Eagle County. The memberships include 60 minutes of ride time per day and then costs $0.15/minute thereafter. Monthly membership is $25/month and the seasonal membership is $100 for the season. In addition, equity pricing is available for income qualified residents. Infrastructure, including bikes 32 Town of Vail Page 2 and hub stations, was distributed by percentage of funding contributed per town, which is depicted in Figure 1 below. Community Contribution Number of e- bikes Number of Hub Stations Town of Vail $174,440 (70%) 63 12 Town of Avon $49,840 (20%) 18 6 EagleVail Metro $24,920 (10%) 9 2 Total $249,200 90 20 Figure 1: Community allocations for Shift Bike in 2022. The Vail hub stations were located at: • Ellefson Park • Intermountain Pocket Park • West Vail Mall bus stop • Donovan Pavilion • Simba Run Bus Stop • Lionshead Transit Center • Vail Public Library parking lot • Vail Village Transit Center • Ford Park • Booth Lake Trailhead • Pitkin Creek Bus Stop • Bighorn Park A local operations team with a full-time program manager and two part-time field staff were hired to run logistics of the program including re-balancing bikes, swapping batteries on bikes as needed, daily safety checks, cleaning, and performing necessary repairs to the bikes out of a warehouse in Avon. The operations team was maintained balance of the system and ensured repairs were made quickly. The system went into hibernation for the winter on October 31, 2022. All equipment is being stored over the winter in Eagle. IV. Shift Bike Data The Shift Bike program was well used and exceeded expectations from the partner communities and Drop Mobility. Between June 7 and October 31, there was a total of 7,393 trips taken on Shift Bikes distancing 21,735.4 miles. This has reduced 8.68 metric tons of greenhouse gas emissions. This is the equivalent of reducing nearly 1,000 gallons of gasoline. The average distance of rides was 2.94 miles and average duration of rides was 30.1 minutes. This indicates the system was used how it was intended, which is for shorter commuting trips to get around in and between the partner communities. In terms of ridership, there were : • 3,486 Shift Bike app downloads • 2,582 Pay as You Go riders, • 336 monthly memberships purchased • 16 season pass memberships purchased • 2 equity program participants • 99 employee/staff memberships activated 33 Town of Vail Page 3 Sixty one percent of all trips were Pay As You Go trips and 38.4% of trips were taken by locals only memberships. The breakdown of trips taken per membership type can be found in Figure 2. Membership Type Trips Percent of Total Pay As You Go 4552 61.6 Monthly pass member 2065 27.9 Seasonal pass member 397 5.4 Special pass member 375 5.0 Equity pass member 4 0.1 TOTAL 7,393 100 Figure 2: Trips taken by membership type. Of all of the trips taken, 65.8% took place within Vail and 6.17% were interregional trips, which is depicted in Figure 3. The Vail Village Parking Structure, Lionshead Transit Center, Simba Run Bus Stop, West Vail Mall Bus Stop and Vail Public Library parking lot were the stations that the most trips originated from. The full breakdown of number of trips that originated from each station can be found in Figure 3. Trips by Region Trips Percent of Total Trips Within Vail 4863 65.78 Within Avon/EagleVail 1803 24.39 Inter Region 456 6.17 Unknown Location 271 3.67 Figure 3: Trip breakdown by region Hub Station Trips (starting at station) Vail Village Parking Structure 1242 Lionshead Transit Center 515 Simba Run Bus Stop 504 West Vail Mall Bus Stop 479 Vail Library Parking Area 468 Pitkin Creek Bus Stop 392 Avon Station 369 ANB Bank 349 Intermountain Park 340 The Aspens 337 Avon Recreation Center 304 Ford Park 300 Ellefson Park 290 Bighorn Park 289 River Run 282 34 Town of Vail Page 4 Donovan Pavilion 260 Pavilion Park 213 Outside of Hub 179 Harry A. Nottingham Park 143 Booth Lake Trailhead 78 O'Neal Spur Park 59 Avon Bus 1 Total Trips 7,393 Figure 4: Number of trips starting per Hub Station Projected Revenue Drop Mobility is working on final financial statements; however, preliminary net revenue for the Shift Bike system is $43,700. Per the initial contract, Drop will receive 90% ($39,330) of the revenue and 10% ($4,370) will be reinvested into marketing and outreach for the Shift Bike system in 2023. Drop Mobility issued $1,470 in refunds to users. Shift Bike Feedback Overall feedback of the program and system was positive. A few them es include: • Ease of Use : Bikes are easy to unlock and use and it is a fun way to get around. • Availability: Bikes with adequate battery life are readily available at hub stations • Improved Commute: Shift Bikes are a great way to commute around town efficiently and without worrying about locking up personal bike when running errands or going to work. • Great T ransportation Alternative: Shift Bike provided transportation method when personal vehicles are not an option. Direct Quotes: • “My commute is so awesome now!!! I've taken the bike yesterday and today...easy to unlock/lock, easy to ride, so so so awesome!!! It does appear others are using them as well, as each time I've un-docked and/or docked there are a different number of bikes at the stations. What a win for the Town of Vail.” - Vail full time resident • “Shift Bike saved me getting to and from work when my car broke down. Great asset to the community!” -Vail employee • “Absolutely wonderful that we have this program! Thank you @vailgov and #shiftyourride! Used one the bikes to do my grocery shopping and it worked like a charm!” -Vail resident and employee • “I love this program! I think the shared e-bike program is a great addition to Vail and I'm glad to see the town doing it with Avon and Eagle Vail.” -Vail resident Constructive Feedback 35 Town of Vail Page 5 • Improve Website and Mobile App: Add a map to the Shift Bike website indicating hub station locations, e-bike availability, and battery life, and improve instructions for unlocking bikes on the mobile app. • Add Station Locations: There were recommendations for additional hub locations in Minturn, Edwards, and Vail, including Glacier Ct, Timber Ridge, Lionsridge, Mayor’s Park, and the Municipal Building. Adding stations without increasing the number of bikes would have spread the system too thin, but these additions will be taken into consideration for 2023. Discussions are underway with Edwards Metro District and Eagle County to add station in Edwards for 2023. Town of Minturn is opting to wait until the bike path construction is completed and will consider joining in 2024. • Pricing: There were a few comp laints that the Pay as You Go co st to use Shift Bikes is too expensive. A couple of requests to set a membership price for senior citizens comparable to the cost of Eco-transit passes were also received. • Improper Docking: Staff received three calls throughout the duration of the program that Shift Bikes were improperly docked outside of different hotels or locations that were not hub stations. When staff contacted the local operations team, they quickly picked up the bikes. • Safety: Try to keep the stations as close to the bike path to improve safety of system and be mindful of safety with stations on the Frontage Rd. and at transit center. • Bikes Features: Several requests were received to increase the basket size, improve ability to carry groceries and improve the brakes. • Reduce Idling: A community member observed the operations team idling their vehicle when redistributing bikes to a station in Vail. After a reminder of the town idling policy, they agreed to ensure they would not idle their vehicle when in use. IV. Recommended Improvements for Shift Bike 2023 Staff has already been working with the partner communities planning for expansion of and improvements to the Shift Bike system for 2023. System Improvements Following the successful completion of the first Shift Bike season, staff will work Marketing: For fu ture seasons, staff will work with the Drop Mobility team to set expectations and improve overall marketing of the Shift Bike system, especially the local membership opportunities and educate the local community on the benefits of using Shift Bikes. Staff will continue working on outreach and opportunities with local bike shops to continue driving visitor rental business to the bike shops through the website and app while continuing to educate the public on difference between bike share (short trips to commute) versus bike ren tal (longer use, recreational, etc.) programs. Hardware Upgrades: Staff will work with Drop Mobility to investigate improvement to bike features, including a larger basket, ability to carry more groc eries (perhaps with some type of trike bike model), and improve braking. 36 Town of Vail Page 6 Software Upgrades: Website: Staff will work with Drop Mobility to add a map with station locations and bike availability and battery life on website shift-bike.com (and keep it on the app as well) and add a public facing dashboard showing number of trips taken, miles ridden, GHG emissions reduced, number of riders, etc. Mobile App: Staff will work with the vendor to improve identification of the “contact us/support” function on the app and work to improve the FAQ’s and Troubleshooting section so that information is more quickly accessed. Pricing: Staff will continue to work with the Drop Mobility to ensure pricing of Pay as You Go rides is set to encourage short trips, continue the locals only memberships, and will look at adding a rate for senior citizens as well. Expansion Regional Expansion: Staff and the partner communities are in discussion with Edwards and Eagle County to discuss expansion of the Shift Bike e-bike share system into Edwards. Pending funding allocations, Edwards will likely join the Shift Bike program in 2023 with four-six hub stations and 20-30 e -bikes. This will increase ridership throughout eastern Eagle County and allow additional inter-regional opportunities for using the system and encouraging commuting via e-bike from Edwards to Vail. Town of Avon is considering adding two or three additional hub stations and 12 e-bikes and EagleVail is considering adding one more station and five additional e-bikes. Town of Minturn has indicated their interest in participation, but plan to wait until the completion of the bike path into Minturn. Town of Vail Expansion: Since the program started, several Vail residents have requested 4 additional locations for hub stations with 15-20 additional Shift Bikes, including Glacier Court, which does not have summer bus service, Buffehr Creek Bus Stop, Timber Ridge, and at the Town’s municipal building. Staff has vetted these locations. With the potential expansion, Vail’s system would include 16 hub stations and 78-83 e-bikes. Infrastructure Upgrades Infrastructure upgrades have been identified to accommodate some of the existing and new stations. Several of the current stations in 2022 were placed in grass using Town of Vail bike racks. This led to park maintenance challenges. After discussing with the Public Works Parks team, it would be ideal to transition stations to gravel pads with treated lumber to drill a rack into where possible. Public Works and Environmental Sustainability staff have identified nine locations that would be ideal, including Intermountain Pocket Park, Donovan Pavilion, Ellefson Park, Pitkin Creek, Bighorn Park, Lionshead Transit Center and three of the newly proposed stations: Timber Ridge, Buffehr Creek and Glacier Court. In addition, Public Works staff have identified a specific rack to incorporate as bike racks in Town parks for ease of use and consistency, including at several of the Shift Bike stations. These racks would be purchased and installed in the newly proposed gravel pads. Budget Considerations The overall system cost Drop Mobility more to operate between labor and warehouse space than they initially budgeted for so they have indicated that operation costs will increase in year two. The additional operating cost and cost to implement the additional stations and e-bikes in 37 Town of Vail Page 7 Vail in 2023 will be approximately $50,00 0. Added to the annual cost of current system of $175,000 (including 63 e-bikes, 12 stations, all operations, warehouse space, etc.) the 2023 projected cost will be about $225,000. The estimated cost for the infrastructure upgrades including pads and racks is $6,000 per station, totaling $54K for 2023. Staff has requested capital budget allocations for 2023 for the expanded system and infrastructure improvement. Staff will research and apply for grants to help reduce the overall cost of the program. V. Staff Recommendations Given the success of the regional Shift Bike share system in 2022, staff recommends supporting expansion in 2023 to increase micromobility opportunities, continue building a culture of bike commuting, and reduce parking congestion, vehicle miles traveled and related greenhouse gas emissions. 38 Shift Bike-E-Bike Share Regional Program Results Environmental Sustainability Department November 15, 2022 39 E-Bike Share Supports Goals Town Council goals: •elevate the experience and environment Supports Environmental Sustainability Strategic Plan: Goal #6 –Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20%. Objective #2 -Establish collaborative partnerships for improved use of mass transit. Objective #3 -Increase bicycle use and alternative low impact modes of transportation. Supports Eagle County Climate Action Plan: •25% reduction in greenhouse gas emissions by 2025 •50% reduction by 2030 •80% reduction by 2050 2Town of Vail | Environmental Sustainability Department | 11/15/22 40 CAC Commuter Study 3 Eagle County Residents leave their cars behind 2x per week on their work commute. 17%reduction in transportation emissions ~235,000 metric tons of CO2 reduced Town of Vail | Environmental Sustainability Department | 11/15/22 41 Shift Bike Program Objectives Provide flexible, micro-mobility transportation solution regionally to local residents and employees for shorter commutes. Supplement public transit Reduce vehicle travel Ease parking and traffic congestion Increase livability Users arrive faster, easier, and more efficiently than taking personal pedal bikes Assist in first-last mile challenges Not intended to compete with local bike shops for e-bike rental market. 4Town of Vail | Environmental Sustainability Department | 11/15/22 42 Drop Mobility Proposal and Budget 5-month Program: June –October 2022 $249,200 contract •Vail -$174,440 •Avon -$49,840 •EagleVail -$24,920 Providing: •90 e-bikes with swappable batteries, spare parts •20 hub stations Charging infrastructure/spare batteries •Mobile App, Website, IT Support •Marketing •Operations, Logistics, Cleaning, Customer Service •Warehouse and Off-Season Storage 5Town of Vail | Environmental Sustainability Department | 11/15/22 43 Operations 90 e-bikes 63 in Vail, 18 in Avon 9 in EagleVail 20 Hub Stations 12 in Vail 6 in Avon 2 in EagleVail Local Operations Team: Rebalancing, Battery Swapping, Cleaning, and Maintenance 6 Vail’s Hub Stations Ellefson Park Intermountain Pocket Park West Vail Mall Bus Stop Simba Run Bus Stop Donovan Pavilion Lionshead Transit Center Vail Public Library Parking Lot Vail Village Transportation Center Ford Park Booth Lake Trailhead Pitkin Creek Bus Stop Bighorn Park Town of Vail | Environmental Sustainability Department | 11/15/22 44 Pricing 7Town of Vail | Environmental Sustainability Department | 11/15/22 Initial Price Additional per Minute Fee Pay As You Go $3 to unlock, includes 30 minutes $0.40/min after Monthly Membership $25/month includes 60 min of ride time per day $0.15/min after Season Membership $100/season includes 60 min/day $0.15/min after Equity Membership $25/season includes 60 min/day $0.05/min after First Ride FREE for 30 minutes 45 Statistics 8 7,393 rides 21,735 miles total 2.94 miles: Average trip length 30.1 minutes: Average ride time 8.68 metric tons:Greenhouse gas emissions reduced 119 trips:To/from Booth Lake Trailhead 90%of trips under 60 minutes 46 Statistics 9Town of Vail | Environmental Sustainability Department | 11/15/22 0 200 400 600 800 1000 1200 1400 1600 1800 2000 0-10 10-20 20-30 30-40 40-50 50-60 60-70 70-80 80-90 90-100 100-110 110-120Number of TripsTrip Duration (minutes) Trip Duration 47 Statistics 10 Hub Station Trips (starting at Station) Vail Village Parking Structure 1242 Lionshead Transit Center 515 Simba Run Bus Stop 504 West Vail Mall Bus Stop 479 Vail Library Parking Area 468 Pitkin Creek Bus Stop 392 Avon Station 369 ANB Bank 349 Intermountain Park 340 The Aspens 337 Avon Recreation Center 304 Ford Park 300 Ellefson Park 290 Bighorn Park 289 River Run 282 Donovan Pavilion 260 Pavilion Park 213 Outside of Hub 179 Harry A. Nottingham Park 143 Booth Lake Trailhead 78 O'Neal Spur Park 59 Avon Bus 1 Total Trips 7,393 Trips by Region Trips Percent of Total Trips Within Vail 4863 65.78 Within Avon/EagleVail 1803 24.39 Inter Region 456 6.17 Unknown Location 271 3.67 48 Statistics 11 3,486 users downloaded the Shift Bike app 42% of users are Eagle County residents 66% have a Colorado address 2,582 Pay as You Go riders 336 monthly memberships purchased 16 season pass memberships purchased 2 equity program participants 99 employee/staff memberships activated 49 Proposed Improvements for 2023 12 Proposed System Improvements Improve Marketing Investigate Pricing Structure Hardware Upgrades Software Upgrades Website Mobile App Proposed Vail Expansion Add 4 more stations Add 15-20 e-bikes Estimated cost:$50K Proposed Infrastructure Upgrades Upgrades at 6 current and 3 newly proposed stations Add gravel pads at parks Add permanent bike racks Estimated Cost: $54K @ $6K/station Proposed Regional Expansion Avon : add 2-3 more stations EagleVail: add 1-2 more stations Edwards:4-6 stations, 24-30 bikes in 2023 Minturn:Will consider once bike path is complete Town of Vail | Environmental Sustainability | 11/15/22 50 Staff Recommendation 13 Given the success of the regional Shift Bike share system, staff recommends: 1. Continuing the Shift Bike program in 2023 2. Supporting infrastructure upgrades 3. System expansion in 2023 a. Glacier Court b. Timber Ridge c. Buffehr Creek Bus Stop d. Vail Municipal Building Does Council support the recommended direction? Town of Vail | Environmental Sustainability | 11/15/22 51 Questions? 14Town of Vail | Environmental Sustainability | 11/15/22 Thank you! Beth Markham Environmental Sustainability Manager Office: 1.970.479.2333 bmarkham@vailgov.com 52 AGENDA ITEM NO. 2.1 Item Cover Page DATE:November 15, 2022 SUBMITTED BY:Jamie Leaman-Miller, Community Development ITEM TYPE:DRB/PEC Update AGENDA SECTION:DRB / PEC (5 min.) SUBJECT:DRB/PEC Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: DRB Results 11-2.pdf 53 Present:Kit Austin Peter Cope Doug Cahill Absent:Kathryn Middleton Erin Iba 1.Virtual Meeting Link Register to attend Design Review Board Meetings . Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda Final review of an addition Address/ Legal Description: 2972 Bellflower Drive/Lot 14, Block 6, Vail Intermountain Develpoment Subdivision Planner: Jamie Leaman-Miller Applicant Name: Ralph Peterson, represented by Allen-Guerra Architecture 3.1 DRB22-0125 - Peterson Residence 4.Staff Approvals Final review of chnage to approved plans (boulder wall material) Address/ Legal Description: 696 Forest Road/Lot 8, Block 1, Vail Village Filing 6 4.1 DRB19-0574.002 - LSC 27 LLC Planner: Jonathan Spence Applicant Name: LSC 27 LLC, represented by Suman Architects Final review of change to approved plans (lighting & landscape) Address/ Legal Description: 254 Beaver Dam Road B/Lot 23, Block 7, Vail Village Filing 1 4.2 DRB21-0041.005 - Hystc IX LLC Planner: Greg Roy Applicant Name: Hystc IX LLC, represented by KH Webb Architects 4.3 DRB22-0157.001- Chamonix Chalets Design Review Board Minutes Wednesday, November 2, 2022 2:00 PM Vail Town Council Chambers DRB22-0125 Documents.pdf DRB22-0125 Plans.pdf Kit Austin made a motion to Approve with the findings that the application meets 14-10-3 and 14-10-5; Doug Cahill seconded the motion Passed (3 - 0). 1 Design Review Board Meeting Minutes of November 2, 2022 54 Final review of change to approved plans (material change) Address/ Legal Description: 2466 Chamonix Lane/Lot 3, Block B, Vail Das Schone Filing 1 Planner: Jonathan Spence Applicant Name: Chamonix Chalets, represented by Mountain Valley Property Management Final review of a change to approved (addition/siding) 4.4 DRB22-0201.001 - Diaz Fox Family Trust Address/ Legal Description: 1230 Westhaven Circle B-1230 Westhaven Circle A/Lot 32, Glen Lyon Subdivision Planner: Greg Roy Applicant Name: Diaz Fox Family, represented by Pierce Austin Architects Final review of change to approved plans (landscaping) Address/ Legal Description: 600 Vail Valley Drive/Lot Tract B, Vail Village Filing 7 4.5 DRB22-0267.001 - Pinos Del Norte Planner: Jamie Leaman-Miller Applicant Name: Pinos Del Norte, represented by Goulding Development Advisors Final review of an exterior alteration ( windows) 4.6 DRB22-0361 - Sorensen Residence Address/ Legal Description: 4595 Bighorn Road C-1/Lot 3-5, Block 1, Bighorn Subdivision 3rd Addition Planner: Jonathan Spence Applicant Name: Pamela Sorensen, represented by Refined Exteriors Final review of an addition (deck conversion to interior living space) Address/ Legal Description: 3094 Booth Falls Road 19/Lot 1, Block 19, Vail Village Filing 12 4.7 DRB22-0364 - Eckelberger Residence Planner: Greg Roy Applicant Name: Judie Eckelberger represented by Axis Consulting Services Final review of a sign application 4.8 DRB22-0366 - Austria House Address/ Legal Description: 242 East Meadow Drive/ Lot Tract C, Block 5E, Vail Village Filing 1 Planner: Jonathan Spence Applicant Name: Austria Haus represented by Roaring Fork Sign and Lighting Company Final review of an exterior alteration (patio landscape) Address/ Legal Description: 4074 Bighorn Road B/ Lot 3, Bighorn Subdivision 4.9 DRB22-0375 - Shiao Residence Planner: Jonathan Spence Applicant Name: Cary and Heidi Shiao 2 Design Review Board Meeting Minutes of November 2, 2022 55 Final review of an exterior alteration (roof) Address/ Legal Description: 4288 Nugget Lane/Lot 2B, Bighorn Estates 4.10 DRB22-0386 - MARY LOU PAULSEN REVOCABLE TRUST Planner: Jonathan Spence Applicant Name: MARY LOU PAULSEN REVOCABLE TRUST, represented by Capital Roofing & Restoration Final review of an exteiror alteration (Landscape) Address/ Legal Description: 798 Potato Patch Drive/Lot 8, Block 1, Vail Potato Patch Filing 1 4.11 DRB22-0397 - 219 Brazilian Ave. Land Trust Planner: Greg Roy Applicant Name: 219 Brazilian Ave. Land Trust, represented by Creative Environments Final review of an exterior alteration (repaint) Address/ Legal Description: 4450 Timber Falls Court/Timber Falls Condominiums 4.12 DRB22-0400 - Timber Falls Condos Planner: Jamie Leaman-Miller Applicant Name: Timber Falls Condos, represented by Mountain Valley Property Management Final review of an exterior alteration (windows) 4.13 DRB22-0416 - McmAhon Residence Address/ Legal Description: 1612 Buffehr Creek Road B21/Lot Parcel A, Lion's Ridge Subdivision Filing 2 Planner: Jamie Leaman-Miller Applicant Name: Richard & Carol McMahon, represented by Renwal by Andersen Final review of a tree removal 4.14 DRB22-0428 - Helen Residence Address/ Legal Description: 1469 Aspen Grove Lane/Lot 7, Block 2, Lion's Ridge Subdivision Filing 4 Planner: Jonathan Spence Applicant Name: Suzanne Helen, represented by Brush Creek Landscaping Final review of an exterior alteration (windows) Address/ Legal Description: 1650 Fallridge Road/Lot 2, Sunburst Filing 3 4.15 DRB22-0431 - Fall Ridge Condos Planner: Jonathan Spence Applicant Name: Fall Ridge Condo, represented by Zehren & Associates Final review of an exterior alteration (windows & sliders) 4.16 DRB22-0432 - Guanoloco Texas LLC Address/ Legal Description: 1360 Westhaven Drive A/Cascade Village - Millrace Condominiums Planner: Jonathan Spence 3 Design Review Board Meeting Minutes of November 2, 2022 56 Applicant Name: Guanoloco Texas LLC Final review of a tree removal 4.17 DRB22-0433 - Streamside Circle Address/ Legal Description: 4327, 4337, 4367 Streamside Circle East & West/Lot 8, Lot 7, Lot 6, Bighorn Subdivision 4th Addition Planner: Jonathan Spence Applicant Name: Streamside Circle, represented by Old Growth Tree Service Final review of a tree removal 4.18 DRB22-0438 - Cogswell/Herbst Residence Address/ Legal Description: 1090 Vail View Drive 14 & 1083 Lions Ridge Loop 15/Lot B1, Block B, Lion's Ridge Subdivision Filing 1 Planner: Greg Roy Applicant Name: Cogswell Properties LLC & Terresa Herbst, represented by Old Growth Tree Service Final review of sign application Address/ Legal Description: 675 Lionshead Place/Lot 1 & 2, Lionshead Filing 6 4.19 DRB22-0441 - The Arrabelle Planner: Jonathan Spence Applicant Name: The Arrabelle at Vail Square, represented by Sign Design Final review of a sign application Address/ Legal Description: 675 Lionshead Place/Lot 1 & 2, Lionshead Filing 6 4.20 DRB22-0442 - The Arrabelle Planner: Jonathan Spence Applicant Name: The Arrabelle at Vail Square, represented by Sign Design 5.Adjournment Kit Austin made a motion to Adjourn ; Doug Cahill seconded the motion Passed (3 - 0). 4 Design Review Board Meeting Minutes of November 2, 2022 57 AGENDA ITEM NO. 3.1 Item Cover Page DATE:November 15, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Information Update AGENDA SECTION:Information Update SUBJECT:AIPP October 3, 2022 Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: October 3, 2022 _Minutes_Images.pdf 58 Public Notice - Art in Public Places Board Meeting Minutes Monday, October 3, 2022 AIPP Board members present: Susanne Graf, Tracy Gordon, Kathy Langenwalter, Lindsea Stowe, Courtney St. John Others present: Molly Eppard - AIPP Coordinator, Greg Hall - TOV Public Works Director, Harry Teague – Architect (zoom), Kendall Peterson & Jill Stilwell – AIPP Strategic Plan Consultants (zoom) 1. Approval of August 29, 2022 meeting minutes with clarification. 2. No citizen input. 3. Ford Park Artist Residency Studio, Design Development by Harry Teague Architects • Harry presents an updated design concept reflecting feedback from the Board and the community to create a truly functional artist studio within a contemporary building that reflects its use. He explains his team’s process and how they arrived at the simple sculptural design being presented. • The building envelope is a basic rectangle with a gable roof. There is an undercut covered entrance with street views through the studio to Gore Creek, a small deck is included along the creek and oversized doors lead to a deck on the north side. • The floor plan includes a generous open studio space with high walls and vaulted ceiling for large scale projects. An entry, a small office/library, ADA restroom, utility sink and storage with standard height walls are capped with an open loft area above. • Harry further explains the sculptural context of the building exterior which is clad in metal and wood similar to materials used in creating artworks. Practical considerations such as snow and water shedding of the roof, energy efficiency and the use of durable and easily maintained materials both interior and exterior were also addressed. • Harry shares images of potential exterior cladding materials, as well as inspiration from existing structures and a virtual tour of how the studio would be viewed by the public and accessed. • Molly indicates the existing Eagle River Water and Sanitation monitoring well on the site plan. This well must be maintained thus limiting the building size and location. • Molly notes the existing trees in relationship to the studio asking Harry to show the proximity and address any concerns. Can the building be shifted closer to the Manor Vail Bridge path to pull it away from the trees? Harry prefers the proposed orientation similar to that of the existing building. He would look to Greg and public works for any input. • Greg remarks that the studio space (functionality), size, and appearance of the building should be addressed by the Board today. Since it does not have overhangs, it helps as far as any nearby trees. • Courtney asks how the studio accesses the outdoor space. Harry points out the doors leading to the exterior. She also asks how the studio will integrate into the park. Harry responds that the art studio is 59 meant to be different than the nearby existing restrooms, concessions, Vail Rec garages, and picnic shelters. The artist studio rather announces itself as distinct, but fits in overall. • Susanne is a big fan of this new design and potential materials. She wants to understand the sustainability of the materials being proposed. She asks if the contemplative deck space can be larger and more organic in form. • Lindsea likes the seamless lines between the roof and exteriors. Tracy also compliments the design. • Kathy is pleased with this direction, likes the proposed metal cladding and says the building is reflective of an art studio. She wants to ensure enough storage, thinks the proposed alignment is ideal, but the building/tree relationship needs to be fully understood. Presently a tree extends over the roof of the existing building, could using a nonflammable skin modify the fire dept. requirements? • Harry discusses various possible exterior materials such as darker colored zinc, other metal cladding options, cementitious board, and treated wood decking. • Kathy recommends starting the review process. Greg recommends presenting an update to the Council as the owner, updating the existing PEC submittal application and scheduling a work session with the DRB. • Tracy motions that we proceed with the design concepts presented today by Harry Teague Architects. All are in favor. • Kendall remarks that any artist would love to work in the space. Architect’s exterior rendering. Floor plans. 60 4. Coordinator Updates. • 2023 Vail Winterfest Ice Installation – Ben Roth and Paul Wertin are communicating and will have preliminary designs at the Nov meeting. Installation begins Jan 7. • Molly shares the project narratives regarding the installation of the donated art, as well as the Art Studio Space. She would like further input from the Board for a prototype for a 2023 Summer residency. • Exterior of El Segundo – Mural artists Pedro Barrios and Jaime Molina have been approached by El Segundo to enhance their western facing exterior walls. The Board reviews a design mock-up from the artists since but determines since it is on private property it should likely go through DRB. The Board would like to confirm the process of mural approval on private property with Jonathan Spence from Comm. Dev... Following the meeting, the Board visits the site to better understand the proposal. While the Board supports the artists’ work and concepts for the exterior of El Segundo, they want to ensure the process is guided from Comm. Dev. given it is on private property. • Discussion - Lamont Joseph White as artist for National Brotherhood of Skiers – The Board would like more information about a possible commissioned artwork as a collaboration. A possible placement could be above the fireplace in the Vail Public Library. The Board would like the commissioned canvas to have longevity beyond the event and to be a part of the permanent collection. They think a work by Lamont will be an asset to the Town’s collection. • Installation of Baseball Player sculpture on the upper fields of Ford Park to take place May 2023. • Molly is attending the CODA Worx Summit in Denver – Art, Space, and Technology Oct 12 – 15. • Vail Rec. approached Molly to discuss ways to repurpose the dying tree at Golf Course wedding island. Molly will get more details from Vail. Rec. and public works. • Upcoming meetings – Special Strategic Plan meeting 8:00 am October 6, Nov. 7 & Dec 5. 5. Sculpture site location review – On-site to Lionshead, Civic Center Area, Vail Village 6. Meeting adjourned. 61 AGENDA ITEM NO. 3.2 Item Cover Page DATE:November 15, 2022 SUBMITTED BY:Missy Johnson, Housing ITEM TYPE:Information Update AGENDA SECTION:Information Update SUBJECT:VLHA September 13, 2022 Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2022-09-13 VLHA Minutes.pdf 62 Vail Local Housing Authority Minutes September 13, 2022 3:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PRESENT ABSENT Steve Lindstrom James Wilkins Craig Denton Kristin Williams Dan Godec STAFF George Ruther, Housing Director Martha Anderson, Housing Coordinator Missy Johnson, Housing Coordinator 1. Call to Order 1.1. Call to Order at 3 p.m. with a quorum present. Craig Denton joined within 5 minutes of the meeting beginning. 2. Citizen Participation 2.1. Citizen Participation There are no comments. 3. Approval of Minutes 3.1. VLHA August 23, 2022 Minutes MOTION: GODEC SECOND: WILLIAMS VOTE: 3-0 APPROVED 3.2. VLHA August 25, 2022 Minutes MOTION: GODEC SECOND: LINDSTROM VOTE: 2-0 APPROVED 4. Main Agenda 4.1. Development Review Process Overview Presenter: Matt Gennett, Director of Community Development Gennett provided a generic step by step Development Review process from ideation to review and approvals, highlighting which team members assist from the TOV staff in the Development Review Process. 63 Development proposal first needs to conform with the zone district guidelines, conducted by an initial review from the Planning Division within Community Development Department. The following are examples of topics to conform with the area zoning: usage of that zone district on the piece of property, parameters of minimum setbacks, building heights, maximum site coverages, GRFA and more. Assuming no variances are requested such as zone changes or special development district proposals, it is a straight forward process. It then goes directly to the Design Review Board (DRB), in compliance with Title 14: Development Standards of the Town Code. The DRB is seen as a value-add. If they sign off on the design, they will go back to the applicant with an approval and/or next steps. If there are any challenges upon the staff review, they go through to sign off on the conforming to points like access, grading, public works, driveway grade, access, drainage and more. Should this be the case, the Design Review Team (DRT) will review and provide additional suggestions. This team includes fire, public works, planning, streets, eagle river water and sanitation district to provide feedback to applicant to assist with re-crafting the plan. If they don’t meet zoning environmental requirements, the TOV environmental department could be brought in for comment. If that is the case, it could potentially go back to DRB, which provides opportunity for additional comments. Discussion continued among around should there commenting from the DRT, and design comments come up, it could potentially to back to the DRB. Ideally, it should not go to DRB prior to DRT. Next, the applicant has an opportunity to submit a building permit. In that application process, building permit review can be reviewed online and sign offs included for each of the DRT entities. Highline Apartments in West Vail, CO was used as an example which included private land, private developer and private money. The zoning at the time of application was zoned for commercial core III which does not allow hotels. The property was initially built under Eagle County and annexed in. The applicant proposed to change the zoning to PA II and apply Special Development District (SDD) on top of it. That would allow some flexibility of zoning parameters. This zoning scenario would also allow for some EHU. All of this related to making the current hotel compliant as well as assist with the plans for the proposed apartments. That type of application type also gets reviewed, again, by the PEC. There is a requirement for a public benefit, in this case, the EHUs. At the time, neighboring comments came in regarding height of building, fire commented about access, considerations came in regarding pedestrian circulation and the project did eventually get approved in July 2021. A phasing plan is still an active approval. The authority asked if there is a way to accelerate the process for residential housing review. Gennett has seen, in other communities, where there is an expedited review process for housing related projects and while we don’t have anything in the code in place today, it could be proposed to the policy makers. The council could consider and then send staff to research and then come up with alternatives, and it is something that Gennett would support. We would be sure to hear the community voice. It would be a big undertaking to change the code but it is doable if it is the will of the Council and the People. 64 Codes related to development standards, design guidelines, master plans and zoning codes can all adopted by council and can be changed by council. The desire of the Authority sense from the council and the community that they would like to see the development approval process. To initiative that type of code text change could be proposed by staff but for it would be most appropriate coming from a body like the Vail Local Housing Authority. In general terms, it covers a lot of area but a good first step would be to propose that the council directs staff to look at ways to streamline the proposal process within a suggested reasonable timeline. Ruther used an example from a the review process in another town and an applicant where the applicant described 4.2. 2027 Strategic Housing Plan Update 45 Min. Presenter: George Ruther, Director of Housing and Steve Lindstrom, VLHA Chairman Discussion tabled to the next meeting. 4.3. Review of Community Housing Lottery Ticket Eligibility Improvements 15 Min. Presenter: Martha Anderson, Housing Coordinator Discussion ensued around the key learnings from the 2022 public lottery process and suggestions for the future application and lottery scoring process. The TOV housing staff turned to the authority for questions, feedback and suggestions to edit the lottery application and drawing system to later be presented to Council. A key focus for the application process and lottery system is to provide a process that is fair for the applicants. Most importantly, the goal is for the lottery tickets and supporting documentation to be clear, precise and can be quickly and easily verifiable without a doubt. The expertise within the Authority suggested to find ways to educate the public to lean into lenders related to the first-time homebuyer process and lending eligibility. This would allow the housing staff to spend more time with applicants specifically regarding the application process. Highly recommended was compiling and pushing out a list of local lenders to the housing lottery applicants to enhance the promotion of first-time homeownership process in town. The authority agreed to streamline the application and lottery process, continue to require the pre-qualification letter and benefit from a revised form/online application development. Within the ten housing policy statements we talk about the value of creating a process which provides the opportunity for everyone to participate somewhat equally in a lottery process, whether for rentals or for sale properties. Town Council will pursue policy decisions but we want to make key recommendations regarding awarding tickets, current employment or residency as well as longevity while considering other priority mechanisms on a project basis. The TOV housing lottery allows for more inclusivity in meeting our housing demand. 65 One suggestion was to consider giving a ticket if an applicant has entered in 2 or 3+ Town of Vail lotteries. 4.4. Timber Ridge Update 10 Min. Presenter: George Ruther, Director of Housing Triumph Development is the developer on the project and has proven successful in the past. The design is driven by a market study vs. a financial drive. There is also an environment stewardship piece aiming for a net zero development and direction to prioritize housing over parking. Cost is key consideration but the Council wants to minimize the loss of housing time period for current renters. Direction of developing homes over cars and further explore alternative modes of transportation. First Chair is a strong example of residences that filled a need and no – to very limited parking. We will go back to the Council to present more information/options regarding bulk and mass. There will likely be many opportunities for the Authority to weigh in, in the future. 4.5. Public Comment Request for State Housing Grant Program 15 Min. Presenter: Martha Anderson, Housing Coordinator On September 1, 2022 the State of Colorado released the guidelines to be able to apply for grant funding, with a large portion of funds planned to be allocated to rural communities, $69M. The minimum to request is $250,000 and the maximum is $10M, per project, and we can start applying as early as January 1, 2023. Funding usage can be applied for projects such as housing infrastructure, new development, land banking, energy improvements, new developments to include accessibility requirements, construction to consider energy efficiency. In the coming weeks, there will be online presentations, including an opportunity to provide feedback to the application process. Next steps include determining project usage. The lending program rules have not yet come out. Town of Vail is seeking a grant writer to complete the comprehensive process. 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman - Reminder of the Difference Build Day, on Wednesday, September 21, 2022. - Consideration of the disposal of the C-DOT parcel after September 15, 2022. Town of Vail Application is on the agenda. 8. Adjournment a. Adjournment 4:52 p.m. 66 MOTION: WILLIAMS SECOND: DENTON VOTE: 4-0 APPROVED 9. Future Agenda Items • VLHA 101 continued • Land Banking (sale of GRFA) • Investment Banker Discussion • Update to Vail Housing 2027 10. Next Meeting Date 10.1 Next Meeting Date September 27, 2022 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. 67 AGENDA ITEM NO. 3.3 Item Cover Page DATE:November 15, 2022 SUBMITTED BY:Missy Johnson, Housing ITEM TYPE:Information Update AGENDA SECTION:Information Update SUBJECT:VLHA September 27, 2022 Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2022-09-27 VLHA Minutes.pdf 68 Vail Local Housing Authority Minutes September 27, 2022 3:00 PM Town Council Chambers and Virtually via Zoom 75 S. Frontage Road - Vail, Colorado, 81657 PRESENT ABSENT Steve Lindstrom Craig Denton James Wilkins Kristin Williams Dan Godec via phone STAFF George Ruther, Housing Director Missy Johnson, Housing Coordinator 1. Call to Order 1.1. Call to Order at 3 p.m. with a quorum present. Craig Denton joined within 5 minutes of the meeting beginning. 2. Citizen Participation 2.1. Citizen Participation There are no comments. 3. Approval of Minutes 3.1. VLHA September 13, 2022 Minutes Tabled to next meeting 4. Main Agenda 4.1 Communicating Housing Matters Presenter(s): Kris Widlak Tabled to a future meeting 4.2 2027 Strategic Housing Plan Update Presenter(s): George Ruther, Director of Housing and Steve Lindstrom, VLHA Chairman Tabled to a future meeting 69 4.3 Town Council Direction on Community Housing Lottery Ticket Eligibility Presenter(s): George Ruther, Director of Housing and Missy Johnson, Housing Coordinator George reviewed the accompanying memo reflecting Town Council direction for the upcoming Community Housing Lotteries. Three options were presented to the Council, which came from a melding of direction or desires that have come from the Council and the Authority. The objective of this initiative is to amend the lottery eligibility requirements for housing lotteries ensuring credibility and integrity within the lottery process. The Town Council asked to see a requirement for a home buyer education class completed before the application deadline. They are still weighing out the desire to provide additional tickets in support of longevity of working in Vail, but understand the need for streamline verification. Discussion ensured around the memo and agreement to present a singular suggestion at the upcoming Council meeting. In addition to detailing specific verification document will be accepted, the Authority came to consensus for the 2nd option on the memo and the Housing Staff will present the following at an upcoming Council meeting. (3) TICKETS TOTAL – One ticket for a complete application, one for not owning residential property in Vail, one for a history of applying for 1 or more TOV housing lotteries and not being selected 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Reminder for next meeting that the VLHA will focus on the Goals and Recommendations for the Entitlement Process; Conversation ensued A previous Vail Local Housing Authority agenda items discussed with Matt Gennett, was the desire from the Authority to improve the entitlement process related to Employee Housing Developments. Steve proposed to direct the housing staff to secure 10 minutes in an upcoming Town Council meeting. The Authority agreed that the Authority shall present a one-page memorandum at the October 18, 2022 and George will check on the availability to present. Additionally a joint session for discussion of Housing Matters is scheduled for Tuesday, November 15, 2022 for the Authority to pencil in to their calendars. George highlighted a Timber Ridge update regarding the due diligence work is getting done on-site related to the redevelopment. Planning commission for West Middle Creek was up but it was tabled to the second meeting in October. Rental opportunities for the displacement of the current renters of Timber Ridge is an ongoing conversation. Wilkins moved to enter Executive Session. 70 MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 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 real, personal or other property interests and to determine positions relative to matters that may be subject to negotiations regarding: Vail InDEED applications and deed restrictions. Presenter(s): George Ruther, Housing Director Wilkins moved to exit executive session and move into the regular meeting at VLHA reentered the regular meeting with Lindstrom, Wilkins, Williams, Ruther and Johnson present at 3:48 p.m. Dan Godec was with us for Executive Session but has departed the meeting. Wilkins moved to direct the staff to move forward with the recommendations presented at Executive Session. MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 7. Any Action as a Result of Executive Session 7.1. Any Action as a Result of Executive Session WILKINS moved to make a recommendation to direct staff to continue with Vail InDEED action as discussed in executive session. MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 8. Adjournment a. Adjournment 3:45 p.m. MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 9. Future Agenda Items • VLHA 101 continued • Land Banking (sale of GRFA) • Investment Banker Discussion • Update to Vail Housing 2027 10. Next Meeting Date 10.1 Next Meeting Date October 11, 2022 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 71 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. 72 AGENDA ITEM NO. 3.4 Item Cover Page DATE:November 15, 2022 SUBMITTED BY:Missy Johnson, Housing ITEM TYPE:Information Update AGENDA SECTION:Information Update SUBJECT:VLHA October 11, 2022 Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2022-10-11 VLHA Minutes.pdf 73 Vail Local Housing Authority Minutes October 11, 2022 3:00 PM Town Council Chambers and Virtually via Zoom 75 S. Frontage Road - Vail, Colorado, 81657 PRESENT ABSENT Steve Lindstrom Craig Denton James Wilkins Kristin Williams Dan Godec STAFF George Ruther, Housing Director Martha Anderson, Housing Coordinator Missy Johnson, Housing Coordinator 1. Call to Order 1.1. Call to Order at 3 p.m. with a quorum present. Craig Denton joined within 5 minutes of the meeting beginning. 2. Citizen Participation 2.1. Citizen Participation There are no comments. 3. Approval of Minutes 3.1. VLHA September 13, 2022 Minutes Wilkins moved to approve the minutes. MOTION: WILKINS SECOND: DENTON VOTE: 5-0 APPROVED 4. Main Agenda 4.1 Resolution No. 4, Series of 2022, A Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Bldg B Subdivision: Wren House Unit: 14, Eagle County, Colorado with a Physical Address of 5024 Main Gore Dr. S #B14, Vail, Colorado; and Setting Forth Details in Regard Thereto. Presenter(s): George Ruther 74 Wilkins moved to approve the resolution. MOTION: WILKINS SECOND: DENTON VOTE: 5-0 APPROVED 4.2 Goals and Recommendations for the Entitlement Process Presenter(s): George Ruther, Director of Housing and Steve Lindstrom, VLHA Chairman The Authority discussed next steps based on the overview process that town staff member, Matt Gennett presented to the Authority a few weeks ago. Lindstrom used an example of the recent review of an application to review the rezoning of Middle Creek at PEC. The discussion was tabled as the staff has three sets of demands to work on. The request of council to address the entitlement process will not happen until the next meeting or two as it is not to be focused on this particular project. Ruther suggests to present some objectives and begin the Authority’s discussion there and aim to take a different perspective of how do we get to yes. Anything we can from an objective standpoint to minimize development risk it might garner greater support from the private sector. Conversations ensued around it being more of a facilitating role vs a regulating role for staff to use expert knowledge and building code. Council will be able to assist with Council and then it is enforced at staff level. Vail’s New Dawn is a good example of the public and private sector working together and process was changed in order to be successful. This was a compelling public interested that required a streamlined process. Consideration of fee structures is another consideration. Authority will continue to work on refining objectives, ideas and narrowing it down to main points for future discussion. This will help to guide which strategies to pursue. 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Related to the ballot issue to retain the sales tax for housing this first year, the Vail Economic Advisory Council requested assistance from the Authority to be a voice to share the pros and cons of the ballot issue. A homebuyer class is scheduled for October 25, 2022 from 10 – 11:30 a.m. in the Grand View Room. Please watch for flyer from housing staff. We will have the opportunity to discuss real property acquisitions with the Council on October 18, 2022. 6. Adjournment a. Adjournment 3:55 p.m. 75 MOTION: WILKINS SECOND: GODEC VOTE: 4-0 APPROVED 7. Future Agenda Items • VLHA 101 continued • Land Banking (sale of GRFA) • Investment Banker Discussion • Update to Vail Housing 2027 10. Next Meeting Date 10.1 Next Meeting Date October 25, 2022 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. 76 AGENDA ITEM NO. 3.5 Item Cover Page DATE:November 15, 2022 SUBMITTED BY:George Ruther, Housing ITEM TYPE:Information Update AGENDA SECTION:Information Update SUBJECT:Lions Ridge Apartment Homes, LLC Deed Restriction Compliance SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Lions Ridge Village Apartments Deed Restriction Compliance Memorandum 11152022.pdf 201415583 Deed Restriction for the Occupancy 1265 North Frontage Road West.pdf 77 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 vailgov.com MEMORANDUM To: Vail Town Council From: George Ruther, Housing Director Date: November 15, 2022 Subject: Information Only - Lions Ridge Village Apartments Deed Restrictions Terms I. Purpose The purpose of this memorandum is to provide an overview of the terms of the deed restriction agreement recorded for the Lions Ridge Village Apartments, located at 1256 North Frontage Road West. This information is provided in response to a question raised regarding the leasing of homes to non-qualified residents and households at the Lions Ridge Apartments. II. Background The deed restriction for the Lions Ridge Village Apartments was executed September 10, 2014, by and between the Town of Vail and the Lions Ridge Apartment Homes, LLC. (the “Parties”). The deed restriction was recorded to facilitate the redevelopment of the easternmost 5.25 acres of the former Timber Ridge Village Apartments and are accompanied by a ground lease, also executed by and between the Parties. The Lions Ridge Village Apartments contain a total of 112 apartment homes. Two of the apartment homes, however, may be used by as additional common areas for operations, maintenance, leasing functions, etc. III. Deed Restriction Terms, Occupancy Section 3 of the recorded deed restriction prescribes the occupancy requirements of the apartment homes. In sum, at least 70% of the total number of apartment homes (i.e. 77 78 homes) must be occupied by qualified residents/households, subject to the terms of the deed restriction. Said another way, not more than 30% of the homes may be occupied by non-qualified residents/households. A copy of the recorded deed restriction has been attached for reference. IV. 2021 Deed Restriction Compliance Each February 1, annually, the Town of Vail Housing Department completes a deed restriction compliance and verification process. According to the results of the 2021 deed restriction compliance and verification process, 99 of the 110, or 90%, of the restricted homes, were occupied by qualified residents/households. As a results, Lions Ridge Apartment Homes, LLC was verified to be in compliance with the terms of the recorded deed restriction for year 2021. 79 E -RECORDED Eagle County, CO 201415583 Teak J Simonton 09/1112014 Pgs: 10 03:58:00 PM THIS DOCUMENT WAS RECORDED® REC: $56.00 DOC: $0.00 DEED RESTRICTION FOR THE OCCUPANCY OF RESTRICTED UNITS AT LION'S RIDGE APARTMENT HOMES THIS DEED RESTRICTION FOR THE OCCUPANCY OF RESTRICTED UNITS AT ION'S RIDGE APARTMENT HOMES (the "Deed Restriction") is made and entered into this o day of September, 2014 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality (the "Town"), and Lion's Ridge Apartment Homes, LLC, a Colorado limited liability company ("Master Lessee") (individually a "Party" and collectively the Parties"). WHEREAS, the Town is the owner of certain real property generally described as the eastern half of the Timber Ridge property and more particularly descn'bed in Exhibit 1 attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Parties desire to allow for the redevelopment of the Property for employee housing; and WHEREAS, the Town, as landlord, and Master Lessee as tenant, have entered into a Ground Lease for the Property (the "Ground Lease"). NOW, THEREFORE, in consideration of the promises and covenants hereinafter set for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Defmcd Terms. For purposes of this Deed Restriction, the following terms shall have the following meanings: Principal place of residence" means the dwelling in which one's habitation is fixed and to which a person, whenever he or she is absent, has a present intention of returning after an absence therefrom In determining what is a principal place of residence, the Town and Master Lessee may consider, without limitation: Location of business pursuits; employment and income sources; residence for tax purposes; residence of parents, spouse and children, if any; location of personal property; motor vehicle registration; and voter registration. Qualified Household" means one Qualified Resident or a group of persons that contains at least one Qualified Resident (who must sign the Unit lease as a tenant). A Qualified Household may have occupants that are not Qualified Residents (and who may also sign the Unit lease as tenants) as long as at least one occupant who has signed the tease is'a Qualified Resident. Qualified Resident" means a natural person who works an average of 30 hours or more per week at a business in Eagle County, Colorado that holds a valid and cumnt business license, or pays sales taxes, or is otheirwise generally recognized as a legitimate business. For example, if a person worked 60 hours per, week for one half of the year at ti• 12 9!317014 Q.IUSEWMAZI77AMER R@CR-NBWUGRIGAOUND LEASX-IaDOCr 1 80 DEED RESTRICTION FOR THE OCCUPANCY OF RESTRICTED UNITS AT LION'S RIDGE APARTMENT HOMES THIS DEED RESTRICTION FOR THE OCCUPANCY OF RESTRICTED UNITS AT LION'S RIDGE APARTMENT HOMES (the "Deed Restriction") is made and entered into this Lo--day of September, 2014 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality (the "Town"), and Lion's Ridge Apartment Homes, LLC, a Colorado limited liability company ("Master Lessee") (individually a "Party" and collectively the Parties"). WHEREAS, the Town is the owner of certain real property generally described as the eastern half of the Timber Ridge property and more particularly described in Exhibit 1 attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Parties desire to allow for the redevelopment of the Property for employee housing; and WHEREAS, the Town, as landlord, and Master Lessee as tenant, have entered into a Ground Lease for the Property (the "Ground Lease"). NOW, THEREFORE, in consideration of the promises and covenants hereinafter set for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Defined Terms. For purposes of this Deed Restriction, the following terms shall have the following meanings: Principal place of residence" means the dwelling in which one's habitation is fixed and to which a person, whenever he or she is absent, has a present intention of returning after an absence therefrom. In determining what is a principal place of residence, the Town and Master Lessee may consider, without limitation: location of business pursuits; employment and income sources; residence for tax purposes; residence of parents, spouse and children, if any; location of personal property; motor vehicle registration; and voter registration. Qualified Household" means one Qualified Resident or a group of persons that contains at least one Qualified Resident (who must sign the Unit lease as a tenant). A Qualified Household may have occupants that are not Qualified Residents (and who may also sign the Unit lease as tenants) as long as at least one occupant who has signed the lease is a Qualified Resident. Qualified Resident" means a natural person who works an average of 30 hours or more per week at a business in Eagle County, Colorado that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business. For example, if a person worked 60 hours per week for one half of the year at 12 91312014 Q: VSERSIVAIL TIAMER RIDGE-NEWAGRIGROUND LEASE-10.DOC.r 81 such a business in Eagle County, Colorado, and worked elsewhere for the other half of the year, such person would constitute a Qualified Resident. Rental Guidelines" means the guidelines attached as Exhibit 2 hereto and incorporated herein by this reference. Restricted Unit" means a Unit that is rented to a Qualified Household pursuant to the terms of this Deed Restriction. Unit" means each of the residential dwelling units constructed on the Property. 2. Binding Effect. This Deed Restriction shall constitute a covenant running with the Property as a burden thereon, for the benefit of, and enforceable by the Town and the Master Lessee. This Deed Restriction shall bind the Master Lessee and all occupants of the Restricted Units. Each and every occupant of a Restricted Unit shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein that are applicable to such occupant during such occupant's respective period of occupancy of a Restricted Unit. Each and every conveyance of the Property or a portion thereof, or interest therein, for all purposes, shall be deemed to include and incorporate by this reference, the covenants contained in this Deed Restriction, even without reference to this Deed Restriction in any document of conveyance. Occupancy. a. The Master Lessee covenants that at least 70% of the total Units in the Property shall be Restricted Units. The Parties acknowledge that the Restricted Units are not fixed and may float so long as at least 70% of the total Units are Restricted Units. For example, assume that the Property contains 100 Units. If 75 of the Units are rented to Qualified Households, and one of such Units becomes vacant, such Unit may thereafter be rented to occupants who are not a Qualified Household, because at least 70 of the Units remain occupied by Qualified Households. b. The Property may contain two additional common areas that shall not qualify as Units, one area to be used by property management personnel, maintenance personnel or security personnel, and one area to be used as a leasing or marketing office. Because such common areas are not considered Units under this Deed Restriction, they shall not be included in the calculation of Restricted Units; provided however, that if such common areas are ever converted into Units, they shall be included in the calculation of Restricted Units. C. A Qualified Resident must occupy the Restricted Unit as his or her principal place of residence. If other occupants of the Restricted Unit are not Qualified Residents, the Restricted Unit need not be their principal place of residence. d. At any time that the number of Restricted Units falls below 70% of the total Units, Master Lessee shall promptly take commercially reasonable efforts in accordance with applicable law and the Rental Guidelines to lease the next Units coming 13 91312014 Q: I USERSI VAIL I TIMBER RIDGE-NEWL4GkGROUND LEASE-IO.DOCX 82 available for rent to Qualified Households in accordance with this Deed Restriction and the Rental Guidelines, until at least 70% of the total Units are Restricted Units. 4. Unit Lease. No Unit shall be leased or occupied without a Unit lease. Each Unit shall have only one Unit lease at any one time. Each Restricted Unit lease shall include a clear reference to this Deed Restriction and a brief summary of this Deed Restriction, including the remedies upon a violation or breach of the terms of this Deed Restriction, and shall incorporate the terms and conditions of this Deed Restriction. 5. Right To Terminate Lease. Nothing herein shall prevent the Master Lessee from terminating the lease of a Qualified Household, or taking any other legal action against the Qualified Household based upon any tenant's breach of the terms of the lease; provided that if a tenant misrepresents his or her status as a Qualified Resident, Master Lessee shall terminate the Unit lease in addition to any other available remedies. 6. Inspection. In a non -emergency situation, if the Town or Master Lessee has reasonable cause to believe that an occupant of a Restricted Unit is violating any provision of this Deed Restriction, the Town or Master Lessee may inspect the Restricted Unit between the hours of 8:00 am and 5:00 pm, Monday through Friday, after providing the occupant with no less than 24 hours written notice, which notice to tenant may be given by posting on the front door of the applicable Restricted Unit. Nothing herein shall preclude the Town or Master Lessee from accessing a Restricted Unit in an emergency situation where there is an imminent threat to person(s) or property. 7. Annual Verification. No later than February I' of each year, beginning in the year following the first year of occupancy of the Property, Master Lessee shall submit a written statement to the Town including the following information and stating that such information is true and correct to the best of Master Lessee's knowledge and belief: a. Evidence to establish that 70% of the Units were Restricted Units (i.e., occupied by Qualified Households) during the prior calendar year; b. A list of tenants who occupied the Restricted Units in the prior calendar year and the evidence submitted by such tenants to establish that they were Qualified Residents and/or Qualified Households; A copy of the lease form currently used for the Restricted Units; and d. Copies (which may be electronic) of all application information submitted by Qualified Residents actually occupying Restricted Units; provided that such copies will only be provided for one Qualified Resident per Restricted Unit, even if more than one Qualified Resident occupies such Restricted Unit. 8. Violations. a. If Master Lessee discovers a violation of this Deed Restriction by an occupant, or if the Town notifies Master Lessee in writing that there is a violation of this Deed Restriction by an occupant, Master Lessee shall send a notice of violation to the 14 9/312014 Q: I USERSI VAMTIAMER RIDGE-NEWIAGRIGROUND LEASE-IO.DOCX 83 occupant detailing the nature of the violation and allowing the occupant 10 days from the date of the notice to cure said violation to the reasonable satisfaction of Master Lessee and the Town. Notice may be given by posting on the front door of the applicable Unit or by other lawful means. If the violation is not cured within such time, the violation shall be considered a violation of this Deed Restriction by the Unit occupant. b. If the Town discovers a violation of this Deed Restriction by Master Lessee, the Town shall send a notice of the violation to Master Lessee, detailing the nature of the violation and allowing Master Lessee 30 days from the date the notice is given to cure said violation to the reasonable satisfaction of the Town. If a forcible entry and detainer is necessary to resolve the violation, the forcible entry and detainer shall be commenced within such 30 -day period and diligently prosecuted to completion. If the violation if not cured within such time, the violation shall be considered a violation of this Deed Restriction by Master Lessee. 9. Remedies. a. The Town and Master Lessee shall have any and all remedies provided by law and in equity for a violation of this Deed Restriction, including without limitation: i) damages, including but not limited to damages resulting from the leasing of a Restricted Unit in violation of this Deed Restriction; (ii) specific performance; and (iii) injunction, including without limitation an injunction requiring eviction of the occupant(s) and an injunction to prohibit the occupancy of a Restricted Unit in violation of this Deed Restriction. All remedies shall be cumulative. b. In addition to any other available remedies, if Master Lessee is found to be in violation this Deed Restriction (after expiration of any cure period), Master Lessee shall be subject to a penalty of $100 per violation as determined by the Town in each instance. Each occurrence is hereby deemed to be a separate violation of this Deed Restriction, and the penalty may be imposed for each and every day during any portion of which a violation is found to have been committed, continued or permitted by Master Lessee. This penalty shall not apply if it is discovered that an occupant provided false information to Master Lessee, Master Lessee reasonably relied on such false information, and the false information caused the violation. C. If addition to any other available remedies, if an occupant of a Restricted Unit is found to be in violation of this Deed Restriction (after expiration of any cure period), the occupant shall be subject to a penalty of $100 per violation as determined by the Town in each instance. Each occurrence is hereby deemed to be a separate violation of this Deed Restriction, and the penalty may be imposed for each and every day during any portion of which a violation is found to have been committed or continued by an occupant. d. The cost to the Town of any activity taken in response to any violation of this Deed Restriction by the Master Lessee, including reasonable attorney fees, shall be paid promptly by Master Lessee; provided that, if the Town or a court of competent 15 91312014 Q: I USERSI VAIL I TIMBER RIDGE-NEWAGkGROUND LEASE-IO.DOCX 84 jurisdiction finds that Master Lessee was not in violation of this Deed Restriction, Master Lessee shall not be liable for such payment. 10. Term. This Deed Restriction shall commence on the Effective Date and shall run with the Property in perpetuity. 11. Modification. This Deed Restriction may only be modified by subsequent written agreement of the Parties. 12. Assignment. Neither this Deed Restriction nor any of the rights or obligations of the Parties hereto shall be assigned by either Party without the written consent of the other. 13. Severability. If any provision of this Deed Restriction is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. 14. Governing Law and Venue. This Deed Restriction shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 15. Third Parties. There are no intended third -party beneficiaries to this Deed Restriction. 16. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be in a joint venture with the Master Lessee, and the Town shall never be liable or responsible for any debt or obligation of the Master Lessee. 17. No Indemnity. Nothing herein shall be construed to require the Town to protect or indemnify Master Lessee against any losses attributable to the rental of a Restricted Unit, nor to require the Town to locate a Qualified Resident for any Restricted Unit. 18. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Deed Restriction, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town or its officers, attorneys or employees. IN WITNESS WHEREOF, the Parties have executed this Deed Restriction on the Effective Date. TO OF VAIL, COLORADO Zemler, Town Manager 16 9/3/2014 Q: I USERSI VAIL I TIMBER RIDGE-NEWUGRIGROUND LEASE-IO.DOCX 85 MASTER LESSEE LION'S RIDGE APARTMENT HOMES, LLC BY GORMAN E^OYEE GBcC JP LION'S RIDGE, LL , M ager 7 7 BY GOP -MAN & COMPANY, INC., Gary J.)QfSrman, President STATE OF i15 ) ss. COUNTY OF The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of September, 2014, by Gary J. Gorman, the President of Gorman & Company, Inc., the Manager of Gorman Employee Group Lion's Ridge, LLC, the Manager of Lion's Ridge Apartment Homes, LLC. j My commission expires: SEAL) Nota Public 17 9/312014 Q: VSERSI VAILITIMBER RIDGE-NEWIAGRIGROUND LEASE-IO.DOCX 86 EXHIBIT 1 LEGAL DESCRIPTION Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado 18 9/3/2014 Q: I USERSI VAI I TIMBER RIDGE-NEWIAGRIGROUND LEASE-IO.DOCX 87 EXHIBIT 2 RENTAL GUIDELINES 1. Purpose. The purpose of these Rental Guidelines is to set forth the occupancy eligibility requirements for the employee housing rental units (the "Restricted Units") located in Lion's Ridge Apartment Homes, pursuant to the Deed Restriction. 2. Definitions. All capitalized terms herein shall have the meanings set forth in the Deed Restriction. 3. Administration. In accordance with the Deed Restriction, Master Lessee shall administer these Rental Guidelines, including but not limited to, making determinations regarding the eligibility of applicants to rent and occupy a Restricted Unit as a Qualified Resident as set forth herein. Prior to leasing or renewing a lease for a Restricted Unit, the occupant must sign an individual acknowledgement of acceptance of the terms of these Rental Guidelines and the Deed Restriction. 4. Qualified Households and Residents. Except as otherwise provided herein or in the Deed Restriction, to be eligible for consideration to rent a Restricted Unit, the occupants must first be certified as a Qualified Household. Notwithstanding anything herein to the contrary, Master Lessee shall not be obligated to rent any Unit to a tenant that does not meet Master Lessee's rental guidelines, which rental guidelines shall be subject to review and approval by the Town, in its reasonable discretion. 5. Application. To become a Qualified Resident, a person must first provide the following information on an application to be provided by Master Lessee, and applications and all accompanying documentation shall become the property of the Master Lessee and will not be returned to the applicant: a. Verification (e.g., wage stubs, employer name, address, telephone number and other appropriate documentation as requested by Master Lessee) of applicant's current employment with a business in Eagle County that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business; b. Evidence that the applicant has worked, or will work, an average of 30 hours per week or more per year for one or more of such businesses and that such level of employment is expected to be maintained for as long as the applicant lives in the Restricted Unit; C. A valid form of identification, such as a driver's license, state -issued identification, passport or military identification. d. Any other documentation which the Master Lessee deems necessary to make a determination of eligibility; and e. A signed statement certifying and acknowledging: that all information submitted in such application is true to applicant's best knowledge; that the applicant 19 91312014 Q: I USERS( PAIL (TIMBER RIDGE-NEWAGRIGROUND LEASE-IO.DOCX 88 understands that he/she may not sublet the Restricted Unit; that the applicant authorizes Master Lessee to verify any and all past or present employment and residency information and all other information submitted by an applicant; and that applicant understands that, as set forth in the Deed Restriction, the Master Lessee reserves the right to review any applications and take any appropriate action regarding such application. 6. Lease Term. The Restricted Units shall be leased to Qualified Households, and may be renewed to Qualified Households, on a month-to-month basis or for periods no greater than 12 months in duration. 7. Interpretation. In evaluating a potential application to lease a Restricted Unit, the Master Lessee shall be guided by the following: a. An applicant's physical place of employment is controlling, not the mailing address of such place. b. Claims of employment by an applicant that are unable to be verified by Master Lessee will not be utilized in determining an applicant's eligibility. C. Seasonal work and part time work alone may not be adequate to meet the minimum 30 hours per week average annual requirement, but may augment other employment to meet the minimum eligibility requirements. 8. Leasing of Units to Non -Qualified Households. a. If at least 70% of the Units in the Property are Restricted Units, other Units may be freely leased by Master Lessee to occupants who are not Qualified Residents or Qualified Households. b. If there are no eligible Qualified Households available to rent a particular Unit, Master Lessee may rent such Unit to occupants other than a Qualified Household. However, at any time that the number of Restricted Units falls below 70% of the total Units, Master Lessee shall thereafter use commercially reasonable efforts to lease the next available Unit(s) to Qualified Households until the 70% threshold is again met. C. In no event may Master Lessee lease a Restricted Unit to a Qualified Resident who will not occupy the Restricted Unit as his or her principal place of residence, unless first expressly approved in writing by the Town after making findings that extraordinary circumstances and hardship exist to justify such arrangement. Such tenancy shall be on a month-to-month basis only. 9. Misrepresentation. Any misrepresentation by an applicant in any submittal shall disqualify such applicant from being eligible to lease a Restricted Unit, and shall be grounds for eviction if such misrepresentation is revealed after such applicant's occupancy. 10. Inspection of Documents. The Town may inspect any documents submitted with any application for Qualified Resident status pursuant to Section 5 hereof, at any time during normal business hours, upon reasonable notice. In addition, upon inspection, if the Town 20 9/3/1014 Q: I USERSI VAIL I TIMBER RIDGE -NEW 4GRIGROUND LEASE-IO.DOCX 89 reasonably determines that additional documents are necessary to verify Qualified Resident orQualifiedHouseholdstatus, the Town may request additional documents. Notwithstanding theforegoing, Master Lessee shall not be required to retain any documents submitted by applicantswhodonotsignleaseswithMasterLessee; provided, however, that if the number of RestrictedUnitsfallsbelow70% of the total Units, then Master Lessee shall retain documents submitted byapplicantstoverifyitscommerciallyreasonableeffortstoleasethenextUnitbecomingavailableforrenttoaQualifiedHouseholdinaccordancewiththerequirementsoftheDeedRestrictionandtheRentalGuidelines, until at least 70% of the total Units are once again Restricted Units. 21 9/3/2014 Q.• I USERSI VAIL I TIMBER RIDGE-NEWIAGRIGROUND LEASE-]O.DOCX 90