BASALT TOWN COUNCIL NOTICE AND AGENDA 101 Midland Avenue, Basalt, Colorado Town Council Chambers Tuesday, January 8, 2019 at 6:00 PM

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1 BASALT TOWN COUNCIL NOTICE AND AGENDA 101 Midland Avenue, Basalt, Colorado Town Council Chambers Tuesday, January 8, 2019 at 6:00 PM Basalt is an inclusive, sustainable, mountain community that boasts both historic charm and progressive vision. It is an engaging place to live, work and play while offering an abundance of creative, professional, educational and recreational outlets. REGULAR COUNCIL MEETING 6:00 PM 1. CALL TO ORDER AND ROLL CALL 6:02 2. CONSENT AGENDA 2A. Minutes: December 11, B. Continue Public Hearing on Basalt River Park LLC Application to January 22, 2019: Basalt River Park LLC on behalf of the Roaring Fork Community Development Corporation, a Colorado Non-Profit Corporation, has made an application to develop twenty-eight (28) residential units, three (3) commercial buildings which are proposed to include two (2) non-profit facilities and a food and beverage operation, and associated improvements on the property and on Town-owned property adjacent to or near property, commonly known as the Roaring Fork Community Development Corporation (CDC) Property. Development Actions include: Rezoning to the Community Serving Commercial (CSC) Zone District; CSC Sketch Plan Review; Amendments to the CSC Zone District, Sketch Plan Subdivision, ESA and ESA Reach II Floodplain Review. (James Lindt) Suggested Motion: Mayor, I move that the Town Council Approve the Consent Agenda items as presented. 6:05 3. CALL TO THE PUBLIC Please limit comments to three (3) minutes, and address your comments directly to the Mayor. Identify yourself by name and address when making comments. Comments should be courteous, civil and constructive. Town Council will make no decision nor take action, except to direct the Town Manager. 3A. Positive Comments and Gratitudes about Basalt 3B. At this time members of the public are invited to address the Town Council on any issue, except for items scheduled for a Public Hearing at this meeting. Page 1 of 155

2 Basalt Town Council Agenda January 8, 2019 Page 2 6:10 4. MAYOR AND COUNCIL REPORTS/COMMENTS 6:15 5. MANAGER S REPORT 6:20 6. PRESENTATIONS 6A. Quarterly Financials: 3 rd Quarter (Christy Hamrick) 7. COUNCIL ACTIONS 6:30 7A. Public Hearing and 1 st Reading of Ordinance No. 01, Series of 2019: An Ordinance of the Town Council of the Town of Basalt, Colorado, Granting Special Review Site Plan, Southside Reach II ESA Floodplain, and Community Housing Approvals for the Development of a Mixed Use Project on Lot S, Basalt Business Center South PUD, Also Known as 525 Basalt Avenue, Basalt, Colorado (LAAM 525, LLC Application) (Sara Nadolny) Suggested Motion: Mayor, I move that the Town Council approve Ordinance No. 01, Series of 2019, on first reading and continue and set the public hearing and second reading for January 22, :00 7B. First Reading Ordinance No. 02, Series of 2019: An Ordinance of the Town Council of the Town of Basalt, Colorado, Approving Water Rate Charges Pursuant to Section of the Town Code Suggested Motion: Mayor, I move that the Town Council approve Ordinance No. 02, Series of 2019 on first reading and set the public hearing and second reading for January 22, :05 7C. First Reading of Ordinance No. 03, Series of 2019: An Ordinance of the Town Council of the Town of Basalt, Colorado, Amending Chapter 11, Article III (Excavations) of the Municipal Code to Enact an Additional Condition that may be Imposed on the Work Performed Under a Street Excavation Permit in Order to Promote Deployment of Telecommunication Resources (One-Dig) (Ryan Mahoney) Suggested Motion: Mayor, I move that the Town Council approve Ordinance No. 03, Series of 2019 on first reading and set the public hearing and second reading for January 22, :10 7D. Resolution No. 01, Series of 2019: A Resolution of the Town Council of Basalt, Colorado, Approving and Authorizing the Execution of a Memorandum of Agreement with Cedar Networks Concerning the Donation and Installation of Shadow Conduit (Ryan Mahoney) 7D. Suggested Motion: Mayor, I move that the Town Council approve Resolution No. 01, Series of Page 2 of 155

3 Basalt Town Council Agenda January 8, 2019 Page 3 8:10 7E. Committees Review (Ryan Mahoney) 8. INFORMATION AND CORRESPONDENCE 8A. Accounts Payable 8B. Advanced Agendas 8C. Correspondence 8D. Update Sales Tax November ADJOURN Suggested Motion: Mayor, I move that the Town Council adjourn the meeting. Page 3 of 155

4 2A BASALT TOWN COUNCIL MINUTES DECEMBER 11, 2018 Basalt is an inclusive, sustainable, mountain community that boasts both historic charm and progressive vision. It is an engaging place to live, work and play while offering an abundance of creative, professional, educational and recreational outlets. 1. CALL TO ORDER AND ROLL CALL (In Council Chambers) Mayor Whitsitt called the meeting to order at approximately 5:00 PM. Present were Mayor Jacque Whitsitt, Ryan Slack, Katie Schwoerer, Jennifer Riffle and Bill Infante. 2. EXECUTIVE SESSION (Council to Adjourn to Town Manager s Office) M/S COUNCILORS SLACK AND SCHWOERER THAT THE TOWN COUNCIL ENTER EXECUTIVE SESSION FOR A CONFERENCE WITH OUR ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS IN ACCORDANCE WITH C.R.S (4)(B); MORE SPECIFICALLY TO DISCUSS CASE NO. 2016CV30322 THEODORE GUY V. TOWN OF BASALT, AND TO DISCUSS TABOR RESTRICTIONS. THE MOTION CARRIED 5-0. Council entered Executive Session with Town Manager Ryan Mahoney and Town Attorney Jeff Conklin in the Town Manager s Office at approximately 5:02 PM. Finance Director Christy Hamrick joined the Council for part of the Executive Session. Council members Auden Schendler and Gary Tennenbaum also joined the Executive Session while it was in session. At the conclusion of the Executive Session, Council returned to the main meeting room. Mayor Whitsitt stated that the Council had been in Executive Session since 5:00 PM; the time was 6:12 PM as Council returned to the regular meeting. Participants of the Executive Session were noted. Participants were given an opportunity to make any concerns known if they felt that any discussion occurred that was not included on the motion to enter Executive Session, or if any improper action occurred during the Executive Session. There were no comments. 3. PRESENTATIONS: 3A. Basalt Students of the Month: December Pillar of Responsibility: Do what you are supposed to do; Persevere: keep on trying!; Always do your best; Use self-control - be self- Page 4 of 155

5 Basalt Town Council Minutes December 11, 2018 disciplined; Think before you act consider the consequences; Be accountable for your choices. December s Student Citizens are: From Basalt Elementary: Abraham Dizabarriga and Natalie Chavarin Elizalde From Basalt Middle School: Henry Haag and Taylin Beckman From Basal High School: Karun Owens and Jaciel Saucedo 3B. Check Presentation from First Bank for Fire Mitigation Town Manager Ryan Mahoney introduced Dave Portman or First Bank was present to grant a check for $50,000 to the Roaring Fork Valley. Eric Lovgren, and Jill Ryan were present to accept the funds on behalf of Eagle County. These funds are to be used for fire mitigation and Basalt will be a beneficiary of some of those funds. Dave Portman, Eric Lovgren and Jill Ryan each spoke to the issue. 4. CONSENT AGENDA: 4A. Minutes: November 27, 2018 M/S SLACK AND RIFFLE THAT THE TOWN COUNCIL APPROVE THE CONSENT AGENDA ITEMS AS PRESENTED. THE MOTION CARRIED CALL TO THE PUBLIC: 5A. Positive Comments and Gratitudes about Basalt; 5B. At this time members of the public are invited to address the Town Council on any issue, except those items scheduled for a Public Hearing at this meeting. There were no comments from the public at this time. 6. MAYOR AND COUNCIL REPORTS/COMMENTS Mayor Whitsitt reported on the tree and menorah lightings saying that people felt a lot of gratitude this year and all the lightings were really fabulous. 7. MANAGER S REPORT Town Manager Ryan Mahoney noted there was a movement afoot with the FCC whereby cable companies are seeking a rule change that would severely limit this valley s ability to collect franchise fees. We renewed our franchise with them this year; this is a potential loss of revenue. Council members Infante is keeping an eye on this through is membership in NWCCOG (Northwest Colorado Council of Governments). Mayor Whitsitt thanked Bill Infante for attending the NWCCOG meetings that are held far from Basalt. Town Manager Ryan Mahoney said he attended a Disaster Preparedness Workshop last Friday that was sponsored by NWCCOG; he was part of a panel that included county commissioners, the county manager, fire chief and others. It was an all-day forum that shared lessons learned and hearing more about getting the word out to communities that they need to be prepared. Ryan discussed that he had been working with our partners at CPW and Eagle County to strategize on the watershed protection money we received to help with flood mitigation. It will be a fast-paced effort that must be completed within 220 days once the clock starts. Staff will 2 Page 5 of 155

6 Basalt Town Council Minutes December 11, 2018 be working with private property owners to get their buy in. Staff is aiming toward using SGM to project manage, and engineering to help with the execution of flood mitigation. 8. PRESENTATIONS/COUNCIL INPUT 8A. BACH (Basalt Affordable Community Housing) (Sara Nadolny) Staff Planner Sara Nadolny was present with Doug MacDonald and Cathy Click to outline the mission of the committee and update the Council on the latest projects from BACH. Member Suzanne Wheeler Del Piccolo was unable to attend. Sara noted there were 4 seats open for members on this Committee and invited interested individuals to apply. 8B. BPAC (Basalt Public Arts Commission) (Watkins Fulk-Gray) Staff Planner Watkins Fulk-Gray was present with Jeff Orsulak, Missy Hagen, Guinevere Jones, Bear Matthews and Julia Novy, Watkins outlined the purpose of the Commission and with each member, updated projects and the visions for the future of Art in Basalt. Council plans to meet more in depth with each citizen committee to establish better communications and working plans. 9. COUNCIL ACTIONS 9A. Public Hearing: Ratification of Recommending Committee s Recommendation to appoint Response as the 2019 Beneficiary of the Roaring Fork Charity Golf Tournament (Watkins Fulk- Gray) Staff Planner Watkins Fulk-Gray explained the reason for the public hearing to ratify a beneficiary. The Selection Committee was made up of staff member Watkins Fulk-Gray, Town Manager Ryan Mahoney, Council members Auden Schendler and Bill Infante, and the Roaring Fork Club s General Manager Geoff Hasley. The Committee recommended that Response be appointed the beneficiary of the Roaring Fork Charity Golf Tournament. Shannon Meyer was unable to attend the meeting this evening. Mayor Whitsitt opened the public hearing at 7:03 PM. There were no comments and the hearing was closed. M/S COUNCILORS TENNENBAUM AND SCHWOERER THAT THE TOWN COUNCIL APPROVE RESPONSE AS THE ROARING FORK CHARITY CLASSIC RECIPIENT FOR THE MOTION CARRIED B. Appoint Citizen Member to Basalt Finance Committee Applicants for a citizen position on the Finance Committee were Carol Hawk, Rick Stevens and Doug MacDonald. Each applicant spoke to Council adding to the written materials they had previously submitted. M/S Councilors Tennenbaum and Riffle that the Town Council appoint Doug MacDonald as a citizen member to the Basalt Finance Committee. Katie Schwoerer asked to add to the motion to re-appoint Ann Nichols to the Committee as well. Gary Tennenbaum and Jennifer Riffle both agreed to an amendment. 3 Page 6 of 155

7 Basalt Town Council Minutes December 11, 2018 M/S COUNCILORS TENNEBAUM AND RIFFLE THAT THE TOWN COUNCIL APPOINT DOUG MACDONALD AS A CITIZEN MEMBER TO THE BASALT FINANCE COMMITTEE, AND TO REAPPOINT ANN NICHOLS AS A CITIZEN MEMBER TO THE BASALT FINANCE COMMITTEE. THE MOTION CARRIED C. Continued Public Hearing and Resolution Continued Public Hearing on Basalt River Park LLC Application: Public Comment will be taken at this meeting. Basalt River Park LLC on behalf of the Roaring Fork Community Development Corporation, a Colorado Non- Profit Corporation, has made an application to develop twenty-eight (28) residential units, three (3) commercial buildings which are proposed to include two (2) non-profit facilities and a food and beverage operation, and associated improvements on the property and on Town-owned property adjacent to or near property, commonly known as the Roaring Fork Community Development Corporation (CDC) Property. Development Actions include: Rezoning to the Community Serving Commercial (CSC) Zone District; CSC Sketch Plan Review; Amendments to the CSC Zone District, Sketch Plan Subdivision, ESA and ESA Reach II Floodplain Review. (Ryan Mahoney and James Lindt) Town Manager Ryan Mahoney introduced the item by recapping past discussions of October 26 and November 13. Staff request tonight was to hear a short presentation from the applicant, staff recommendations, and public input. Tim Belinski, Michael McVoy, Rich Carr and Annie Glatz were present for the applicant. A brief presentation was made of the changes since the last discussion. Mayor Whitsitt opened the public hearing at 7:35 PM. Citizens speaking were: Bernie Grauer, Vicky Johnson, Lynne Mace, Mercedes Wilson, Ted Guy, Gerry Terwilliger, Bill Kane, Kris Mattera and Tom Baker. The public hearing was closed at 7:50 PM. James Lindt made staff comments. A brief recess was called prior to Council making their comments. M/S COUNCILORS SLACK AND SCHENDLER THAT THE TOWN COUNCIL CONTINUE THE PUBLIC HEARING OF THE BASALT RIVER PARK LLC APPLICATION TO JANUARY 8, THE MOTION CARRIED 7-0. Council requested drawings and diagrams be included in the packets in the future to give them an opportunity to review prior to the meeting. Council Direction: Town Manager Ryan Mahoney clarified that staff got general consensus to look at the financial analysis, the pro-forma, with some feedback from our consultants to council on that using the plan presented this evening and the assumed mix of uses as the basis for that analysis. 9D. Resolution No. 33, Series of 2018: A Resolution of the Town Council of the Town of Basalt, Colorado, Adopting the Annual Budget for the Fiscal Year Beginning January 1, Page 7 of 155

8 Basalt Town Council Minutes December 11, 2018 and Ending December 31, 2019 and Summarizing Expenditures and Revenues for Each Fund (Christy Hamrick) Finance Director Christy Hamrick led discussion of this item. M/S COUNCILORS RIFFLE AND SLACK THAT THE TOWN COUNCIL ADOPT RESOLUTION NO. 33, SERIES OF THE MOTION CARRIED E. Public Hearing and Second Reading of Ordinance No. 19, Series of 2018: An Ordinance of the Town Council of the Town of Basalt, Colorado, Appropriating Sums of Money to the Various Funds and Spending Agencies in the Amounts, and for the Purposes Set Forth Below for the Town of Basalt, Colorado, for the 2019 Budget Year (Christy Hamrick) Finance Director Christy Hamrick led discussion of this item. Christy noted the only change was for the energy funding that was discussed at the last meeting. Mayor Whitsitt opened the public hearing at 8:36 PM. There were no comments and the hearing was closed. M/S COUNCILORS SLACK AND SCHWOERER THAT THE TOWN COUNCIL ADOPT ORDINANCE NO. 19, SERIES OF 2018, ON SECOND READING. THE MOTION CARRIED F. Resolution No. 34, Series of 2018: A Resolution of the Town Council of the Town of Basalt, Colorado, Levying General Property Taxes for the Year , to Help Defray the Costs of Government for the Town of Basalt, Colorado, for the Budget Year (Christy Hamrick) Finance Director Christy Hamrick led discussion of this item for Council. M/S COUNCILORS SLACK AND SCHENDLER THAT THE TOWN COUNCIL ADOPT RESOLUTION NO. 34, SERIES OF THE MOTION CARRIED INFORMATION AND CORRESPONDENCE 10A. Accounts Payable 10B. Advanced Agendas 10C. Correspondence to the Town 10D. Update of the Sales Tax 10E. List of 2019 Basalt Discretionary Fund Recipients 11. ADJOURN The meeting adjourned at 8:40 PM. 5 Page 8 of 155

9 Basalt Town Council Minutes December 11, 2018 The minutes of this December 11, 2018 meeting were read and approved this 8 th day of January, BASALT TOWN COUNCIL: ATTEST: By: Jacque Whitsitt, Mayor Pamela Schilling, Town Clerk This meeting can be viewed in its entirety at: &sharemethod=link 6 Page 9 of 155

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