TOWNI OF EBASALT  BASALT TOWN COUNCIL MEETING MINUTES - MARCH 12, 2024  Basalt is an inclusive, sustainable, mountain community that boasts both historic charm and progressive vision. Itis an engaging place to live, work and play while offering an abundance of creative, professional, educational and recreational outlets.  5:00 PM WORKSESSION: Council met with Eagle County Commissioners Matt Scherr (Chair), Jeanne McQueeney, and Kathy Chandler-Henry. Also present from Eagle County were Engineering Director Ben Gerdes, and joining the meeting remotely was Eagle County Resiliency Director Tori Franks. Also present from the Town of Basalt were Mayor Bill Kane, Council members Angela Anderson, Ryan Slack, Elyse Hottel, David Knight and Dieter Schindler. Staff from the Town of Basalt included Town Manager Ryan Mahoney, Planning Director Michelle Bonfils Thibeault, Assistant Planning Director James Lindt and Senior Planner  Sara Nadolny.  A brief recess was called at 6:05 pm. 1. CALLTO ORDER AND ROLL CALL  Mayor Bill Kane called the regular meeting of the Basalt Town Council to order at 6:11 pm. Also present were Council members Dieter Schindler, David Knight, Elyse Hottel, Angela Anderson  and Ryan Slack.  6:02 2. CONSENT AGENDA AND MOTION:  2A. Continue to April 9, 2024: Public Hearing and First Reading of Ordinance No. Series of 2024: Ordinance of the Town Council of the Town of Basalt, Colorado, Approving Code Amendments to Chapter 18 of the Town's Municipal Code, Building Regulations, to make clean-up and clarification amendments to Sections 18-23, Sustainable Building Regulations, and Section 18-24, Type /Sustainable Building Regulations (James Lindt); 2B. Resolution 17, Series of 2024: Resolution. Approving an Extension for a Grant of Tobacco funds for the Roaring Fork School District for Support of Sports Infrastructure Projects at Basalt High School and Authorizing an Intergovernmental Agreement (Ryan Mahoney) M/S COUNCILORS HOTTEL AND KNIGHT THAT THE TOWN COUNCIL APPROVE THE CONSENT AGENDA ITEMS AS PRESENTED. THE MOTION CARRIED 6-0.  3. CALL TOTHE PUBLIC There were no public comments.    March 12, 2024  Basalt Town Council - Minutes  4. MAYOR AND COUNCIL REPORTSICOMMENTS  Mayor Bill Kane thanked the Basalt Chamber for hosting the Candidate Forum last week; it was Elyse Hottel noted at flyer that had been distributed to the council about the Coal Basin Methane Project. The project has been measuring methane release up the Crystal Valley, ifit can be captured and essentially what they can do to reduce those greenhouse gases. They will present their findings at two community events - one in Basalt on March 26 at the Library, and one in Redstone on April 4, 2024 at the Redstone Church. More information is available at  agood event and well attended.  ww.AspencORE.org 5. MANAGER'S REPORT  Town Manager Ryan Mahoney let council know of a project that was listed on the agenda for later this evening - a soil nail project that would begin next week on the Frying Pan Road. This project is being completed in an effort to save the retaining wall that supports the sidewalk on the south side of the road. It was budgeted for the 2023 fiscal year, but the Midland project took precedence. There will be a lane closure on that stretch of road for the duration of the project. Traffic will be controlled by portable traffic lights 24/7. The project is scheduled during spring  break week with the hope there would be less traffic.  6.P PRESENTATIONS:  6A. Wildfire Mitigation Planning (Ryan Mahoney, Chris Beiser)  Town Manager Ryan Mahoney introduced Chris Beiser, Town Arborist and Horticulturist, and Matthew Mastalir oft the State Forest Service. Ryan began the discussion noting that Chris Beiser had been working with property owners in Basalt on fire mitigation. Chris had expressed to Ryan one property owner's concerns that could clean up their property, but they wondered about the land just past their fence that is owned by a local HOA, the Town of Basalt and by Colorado Parks and Wildlife (CPW). There didn't seem to be a point to cleaning up their private property if the adjacent properties were not mitigated. Chris has reached out to the adjacent property owners to look at the full umbrella of what could be done toward wildfire mitigation - an overarching plan with cohesive and broad goals. A recent meeting with the Town, Roaring Fork Fire Rescue, CPW, State Forest, and Angie Davlyn oft the Roaring Fork' Wildfire Collaborative, brought the parties together who should be at the table. They will roll out the plan to the public, particularly those adjacent to the project to make them aware oft the 'why and when' oft the Matthew Mastalir provided the Town with a PowerPoint presentation of the Town of Basalt Fuels Mitigation Project that would cross boundaries and go beyond property lines. The project goals include wildfire mitigation, ecological restoration, forest health, and developing partnerships with CPW, the Wilds, Roaring Fork Fire Rescue and the Roaring Fork' Valley Wildfire Collaborative. A project map, treatment prescriptions including thinning, restoration of native plants and creation of defensible space near homes was shared. The project timeline would begin in the winter of 2024 with completion in 2027, followed by maintenance every 5 years thereafter. Funding of the project and possible grant options were discussed. Colorado State Forest Service would charge $9000 to lay out the project, administer it and help write the grants.  project and to gather feedback.  2    Basalt Town Council - Minutes  March 12,2 2024  Contractor costs and slash disposal costs were also discussed.  Council questions and discussion followed. Matthew added that it was encouraging to sees sO 6B. Parcel 2E Sopris Meadows: Affordable Housing and Childcare Grant Update  many people excited about fuels mitigation.  (Michelle Thibeault)  Planning Director Michell Thibeault said the worksession earlier this evening was a little bit ofa spoiler as it related to this update, but the Town was awarded a More Housing Now state grant to do planning and engineering work on Parcel 2E - the 2.5 acre space across the street from TACAW. The project is proposed to be childcare and affordable housing mixed use development in partnership with Eagle County who has provided a portion of the grant matching funds. Staff will begin advertising an RFP for design and planning firms in late Aprillearly May. The first steps will include public outreach to determine what type of facilities are wanted for the childcare and affordable housing density. The idea of a community recreation center had been  raised previously and could also be reviewed during the public outreach.  7. COUNCIL ACTIONS:  7A. First Reading Ordinance No. 04, Series of 2024: An Ordinance of the Town of Basalt, Colorado, Approving Amendments to Municipal Code Section 8-4, Schedule II, Vehicles and Traffic: Special Hazards, and to Section 16-22, Schedule of Uses and Requirements, to Add Road Classifications for Setback Determination Purposes and to Make Minor Amendment to Assistant Planning Director James Lindt introduced the ordinance that would add road classifications to the Code for setback purposes, and to clean up two oft the on-street parking items in Table 8-4 toi identify allowable parking in some designated locations.  On-Street Parking Requirements (James Lindt)  Council discussion and questions followed.  M/S COUNCILORS SLACK AND ANDERSON THAT THE TOWN COUNCIL APPROVE ORDINANCE NO. 04, SERIES OF 2024 ON FIRST READING, AND SET THE PUBLIC HEARING AND SECOND READING FOR APRIL 9, 2024. THE MOTION CARRIED 6-0. 7B. Resolution No. 13, Series of 2024: Resolution of the Town Council of Basalt, Colorado, Approving the 200 Fiou Lane Roofing Project and Authorizing Staff to Enter into Contract with Public Works Director Boyd Bierbaum and Assistant Public Works Director Matt Wagner were present to discuss this item with council. Approval would allow a contract between the Town of Basalt and Better Line Roofing for replacement of the roof at the public works building on Fiou Matt Wagner described the project he and Boyd Bierbaum answered questions of council from  Better Line Roofing (Boyd Bierbaum, Matt Wagner)  Lane.  council related to the re-roofing project.  3    Basalt Town Council - Minutes  March 12,2024  M/S COUNCILORS SCHINDLER AND SLACK THAT THE TOWN COUNCIL ADOPT RESOLUTION NO. 13, SERIES OF 2024. THE MOTION CARRIED 6-0. 7C. Resolution No. 14, Series of 2024: Resolution oft the Town Council of Basalt, Colorado, Approving the 2024 Streets Maintenance - 2024 Paving Project - and Authorizing Staff to Enter in Contract with Frontier Paving (Boyd Bierbaum, Matt Wagner) Public' Works Director Boyd Bierbaum and Assistant Public Works Director Matt Wagner were present to discuss this item with council. Approval oft this resolution would authorize the 2024 Council questions and discussions followed. There was some discussion of the pavement near the Valero that was in need of repair. Itis not the town's property, but Matt Wagner said he was contacting the adjacent properties' HOA to determine if they wanted to work something out with M/S COUNCILORS SLACK AND. ANDERSON THAT THE TOWN COUNCIL ADOPT RESOLUTION NO. 14, SERIES OF 2024. THE MOTION CARRIED 6-0. 7D. Resolution No. 15, Series of 2024: Resolution of the Town Council of Basalt, Colorado, Approving the 2024 Streets Capital Project-I Frying Pan Sidewalk Retaining Wall Repair - and Authorizing Staff to Enter into Contract with B&Y Drilling (Boyd Bierbaum, Matt Wagner) Public Works Director Boyd Bierbaum and Assistant Public Works Director Matt Wagner were present to discuss this item with council. Town Manager Ryan Mahoney noted this item had been discussed under his report earlier this evening. This is the soil nail retaining wall project on the south side of the Frying Pan Road just past the intersection with Homestead Drive. M/S COUNCILORS KNIGHT AND HOTTEL THAT THE TOWN COUNCIL ADOPT RESOLUTION NO.15, SERIES OF 2024. THE MOTION CARRIED 6-0.  Streets Maintenance Paving project with Frontier Paving.  Frontier Paving while they were int the vicinity.  7E. Resolution No. 16, Series of 2024: Resolution of the Town Council of Basalt, Colorado, Approving an Agreement for Professional Services with Good Earth Landscaping and Public Works Director Boyd Bierbaum and Assistant Public Works Director Matt Wagner were present to discuss this item with council. Staff noted they had contracted with Good Earth for the past three years and they had done a good job; they had been conscientious about the work M/S COUNCILORS SCHINDLER AND ANDERSON THAT THE TOWN COUNCIL ADOPT RESOLUTION NO. 16, SERIES OF 2024. THE MOTION CARRIED 6-0. 7F. First Reading Proposed Ordinance No. 05, Series of 2024: Ordinance of the Town Council of the Town of Basalt, Colorado, Amending Chapter 4, Article III oft the Basalt Municipal Code to Require Adherence to Representations Made to the Town Electors Regarding the Uses and Expenditures of General Obligation Bond Funds and Amending Chapter 16, Article V of the Municipal Code to Provide for Preservation of Parking in the Downtown Parking Area (Ryan  Maintenance, LLC (Boyd Bierbaum, Matt Wagner)  they'd done and were responsive to staff.  Mahoney, Jeff Conklin)  4    Basalt Town Council - Minutes  March 12, 2024  Town Attorney Jeff Conklin kicked off discussion of this item with council. Jeff gave a background ont the initiative petition and the process that brought it to this point. At this time, council has two options on this item. They can adopt the ordinance following the normal two- reading process, or send it to a special election to be held within the next 90 days. Bill Kane noted this was first reading oft the ordinance; although under no legal obligation to take public comment, if someone had comments, he would entertain them this evening. There were Bill Kane opened council comments by noting he thought everyone on council recognized a citizen's right to referendum and petition to challenge things they don't like. Recognizing that, he said he would be voting against adopting the ordinance. It was unnecessary because oft two features = one is the town is bound by its representations about what it was to spend for the Midland Avenue improvements; we said we'd use $9 million of bond proceeds and that we had an $11.5 million budget. We have $9 million in bond proceeds and we're going to raise money from either Town reserves or grants. We've done a good job of getting grants and were way under budget. This ordinance, by sleight of hand, creates the impression that the Midland Spur was included in this project. It was not. The Midland Spur was funded separately. We are now operating under a guaranteed maximum price (GMAX) contract with Stutsman Gerbaz to complete the Midland Avenue Project for just a little over $6 million. So that piece of the ordinance is superfluous. And, the parking thing is just going to be confusing to the voters. The second piece of this parking calis for restrictions on the town's ability to regulate and manage on-street parking. Bill said he's been involved in land use in municipalities for 50 years and had never encountered one incidence where anyone would tell you that parking within a right of way iso described as off-street parking; it just defies common sense that parking within a public right of way could be defined as off-street parking. The other thing was there is a lot of mythology that surrounds this as well, that we'r re reducing parking int the downtown drastically. We are not; we are relocating it. Parking will be on the Spur instead ofi ini front and it's not all being removed; there is something like a two block area where angle parking is going to go to parallel parking. There is a reduction of spaces in front of the restaurants on the street, but plenty of parking to make up fori it at the Spur. People have demonstrated a willingness to use it, as iti is being used pretty aggressively. At the end of the day, this ordinance, even if approved changes nothing. We're under contract, we're underway. The project is funded in complete accord with the voter approvals. Bill said hei thought the net effect of this ordinance was to confuse the voter and thought it had been presented to people as a vehicle to stop the project. The project is approved, we're under contract and the numbers, the budget and the dollars organized to fund the project is openly clear. There is an item by item budget, and it's subject to a GMAX contract. Bill said he appreciated Ted's hard work, his enthusiasm in the town - it was great to have a debate, but, Bill said to Ted, he just didn't get this one. So he would be voting to goto Ryan Slack asked if we did adopt it, what would happen. Jeff Conklin said in his opinion, which may be different than that of the petitioners and their attorney, it may open the door to potentially more lawsuits to determine the interpretation of the code provision in application. Elyse said that would also still be true ifi it went to the electorate and were voted in, there would  no public comments made.  an election; it would be a mistake for council to adopt this thing.  still be a process of figuring out how to actually implement it.  5    Basalt Town Council - Minutes  March 12. 2024  David Knight said he was supportive of the project, he was supportive of sending it the voters. As a tech software employee, he felt this was like buggy' code. Ifwe were to adopt this code, it would introduce code that notionally, was intended toi impact parking but would actually not impact the parking that folks are concerned about, but would impact private property owners by precluding them from making certain changes without health and safety and what they want to dov with their buildings. David said he believed that language wouldn't affect this, but could potentially affect something else in an adverse, unintended way. As far as the bond money, by law, we have to use it for what we said we would use it for. It's as ift that part was neutral or redundant. At the end of the day, we budgeted $11.5 million for the original scope, and we're coming in under that for the original scope. And we're doing additional scope because we have the money. We should be investing in ourselves, we should take advantage when we're ini this state of transformation essentially to do that work. In the end, it's going to be a positive thing. David said he had vast respect for people who took the time to participate in the public process, but hoped that if the voters vote the way he hoped, he hoped the petitioners would all enjoy the net effect oft the project. David said he was glad we could add this to the Spur to keep parking neutral, and he thought it was going to be great. He also appreciated the petitioners were Ryan Slack agreed with previous comments and applauded the petitioners for the public process, but he also disagreed with them. Ryan said this was done in a public process. They (petitioners) could review every single meeting we talked about this; it was never in executive session. There was sO much outreach. Ryan Slack said he get that they (petitioners) didn't agree with it, but we (council) couldn't do something and then every time part of the people don't agree with it, come back and re-do it. Itjust doesn't work. We delayed the project by putting it out for re-bid which everyone asked for. It's a spiral. lencourage everyone to participate at the time these discussions are going on int this town. Ryan Slack said he'd been here for six years and had been through al lot of this and encouraged people to continue to participate, but try to Dieter Schindler said he agreed with Councilor Slack, appreciated the petitioners efforts, but also appreciated the public's input at the very beginning. He appreciated the committees who looked at it and asked the questions; he, too, appreciated the process, but now it's execution time. Dieter said he believed in this project, believed it was good for Basalt's future. Like every construction project there will be some growing pains. Dieter thought it was coming in reasonably priced. He thought the Town should reinvest its dollars int the town. For the future of his kids, as a citizen, he was glad to see this project move forward. Angela Anderson said she thought this ordinance was borne out of this unhealthy fixation on road traffic versus foot traffic. She didn't think it would be wise to spend the amount of money we are spending to redevelop Midland, to continue to focus on cars first. It's not good for the air, our bodies, our communities; walkable communities are better. Angela said she thought the council, especially with our kids and the communities they envision them living into, they understand that we are not going to spend tens of millions of dollars on redeveloping communities so that it's cars first just sO we can all park right up front where we want to, sO we don't have to move our bodies. And people that need special parking will always have it; itis made available. Angela thought the town was wise in the spending of the money and relocating that parking and having people get out and walk around our beautiful community.  participating in the process to make their voices heard.  be more proactive than reactive.  6    March 12.2024  Basalt Town Council - Minutes  Elyse Hottel said she was part of the 2019 Basalt Master Planning process before she was a councilor. She attended all oft the outreach and community engagement where they heard again and again and again that small town atmosphere was hugely important. One of the things we. learned from that process was that they should have dug deeper into what that means. Itis as subjective term and it means a lot of different things to different people. Those of you who have been int the community a long time, maybe small town atmosphere means keeping things exactly the way that they are, keeping things the same because that is how you like it.. There are a lot of new residents, new demographic, things are changing and different people want different things now. Elyse said she was also on board to have this go out to the community to vote so people can express what small town character means to them. Ifit means keeping things the same, then they can vote their heart in that direction. Elyse wanted this to go to a vote to see if the parking meets the public's definition of small town. Elsye said she would like to see the sidewalks extended with more activity and more vitality. This is a democratic process M/S COUNCILORS SCHINDLER. AND ANDERSON THAT THE TOWN COUNCIL SUBMIT PROPOSED ORDINANCE NO. 05, SERIES OF 2024 TO THE ELECTORS AT A SPECIAL ELECTION TO BE SET BY TOWN COUNCIL IN ACCORDANCE WITH SECTION 5.6 OF THE TOWN CHARTER. A ROLL CALL VOTE WAS HELD. THE MOTION CARRIED 6-0. 7G. Public Hearing and Second Reading Ordinance No. 03, Series of 2024: Ordinance of the Town Council of the Town of Basalt, Colorado, Approving Easement Agreements for the Town Engineer Catherine Christoff opened discussion of this item noting she didn't have much to add from first reading. Town Attorney Jeff Conklin and Catherine continue to work with Jeff Conklin said they were progressing though logistically challenging to get signatures from some people, and there are some is minor tweaks to the agreements. Everyone was supportive oft the project, but there was some fine tuning of the design. Jeff has authority through the Ordinance to make some changes to the easement agreement as necessary. All the changes Catherine Christoff added there were ai total of 13 easements they'd been able to obtain largely Mayor Kane opened the public hearing at 7:25 p.m. There were no public comments and the M/S COUNCILORS SLACK AND ANDERSON THAT THE TOWN COUNCIL ADOPT ORDINANCE NO. 05, SERIES OF 2024 ON SECOND READING. A ROLL CALL VOTE WAS HELD. THE MOTION CARRIED 5-1 WITH COUNCIL MEMBER HOTTEL ABSTAINING. 8. EXECUTIVE SESSION MOTION: Mayor, Imovet that the Town Council enter Executive Session to discuss Personnel Matters in accordance with C.R.S. 24-6-402(4)0, more  we will see how the winds blow.  Midland Streetscape Project (Catherine Christoff, Jeff Conklin)  property owners along Midland toi finalize these easement agreements.  could be described as very minor.  without opposition of the property owners along Midland Avenue.  hearing was closed.  specifically, Town Manager Review.  7    March 12,2024  Basalt Town Council - Minutes  Town Attorney Conklin noted that at the conclusion of the Executive Session the meeting would be adjourned; there would be no further public meeting after the Executive Session. M/S COUNCILORS KNIGHT AND SCHINDLER THAT THE TOWN COUNCIL ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS IN ACCORDANCE WITH C.R.S. 24-6-402(4)(F), MORE SPECIFICALLY, TOWN MANAGER REVIEW. THE MOTION  CARRIED 6-0.  Council adjourned to Executive Session at 7:27 pm. Agendas; 9C. Correspondence tot the Town  9. INFORMATION AND CORRESPONDENCE: 9A. Accounts Payable; 9B. Advanced  Adjournment  The meeting adjourned at approximately 7:45 pm.  The minutes of the March 12, 2024 meeting were read and approved this gth day of April, 2024.  BASALT TOWN COUNCIL: William Kane, MhA G.  ATTEST:  h/4 Towniçerk  By  BASALI SEAL  Pamela Schilling,  Mayor  This meeting can be viewed ini its entirety on the Town of Basalt YouTube channel, or at -  www.GrassroolsTVory. or by using this link:  &shareMethod-link  8