MINUTES REGULAR MEETING DECEMBER 13, 2022 THIRD STREET CENTER STUDENT OF THE MONTH  CARBONDALE BOARD OF TRUSTEES  Mayor Bohmfalk called the Board of Trustees Regular Meeting to order on December The following students from Ross Montessori School, Carbondale Community School, and Crystal River Elementary School were presented a Certificate of Achievement  13, 2022, at 6:00 p.m.  Award from Mayor Bohmfalk:  Mattias Kinkade Cash Apodaca Venegas Perez  Ava Thomson Kinsley Blanke Tatum Trulove  ROLL CALL:  The following members were present for roll call:  Mayor Trustees  Ben Bohmfalk Erica Sparhawk Lani Kitching Chris Hassig Colin Laird Luis Yllanes Marty Silverstein  Arrived After Roll Call Staff Present: Town Manager Town Clerk Town Attorney Finance Director Planning Director Police Chief  Lauren Gister Cathy Derby Mark Hamilton Christy Chicoine Jared Barnes Kirk Wilson CONSENT AGENDA  Accounts Payable totaling: $310,643.93 BOT11/15/2022 Special Meeting Minutes BOT11/22/2022 Regular Meeting Minutes Liquor License Renewal - Allegria Liquor License Renewal - 7-Eleven    Trustee Meeting Minutes December 13, 2022  Page 2  Liquor License Renewal - Cripple Creek Backcountry  Liquor License Renewal - The Goat  Trustee Sparhawk made a motion to approve the Consent Agenda. Trustee Kitching  seconded the motion and it passed with:  6 yes votes: Bohmfalk, Sparhawk, Laird, Kitching, Hassig, Yllanes  Trustee Silverstein arrived at the meeting. PERSONS PRESENT NOT ON THE AGENDA  There was no one present who wished to address the Board.  TRUSTEE COMMENTS  Trustee Sparhawk told the Board that she and Trustee Silverstein attended the Chamber board meeting where they elected new board members, and they passed their 2023 budget. They have prepared a comprehensive response to the Comfort Inn Trustee Silverstein noted that Senator Bob Rankin has resigned from the Senate and Joyce Rankin has resigned from the State Board of Education. He stated that they are both dedicated public servants and we need more public servants who put their Trustee Kitching thanked the Sopris Sun for their grey wolves restoration coverage. She noted that Carbondale sits in the middle of the first release zone. Trustee Kitching attended the Crystal Valley Environmental Protection Association (CVEPA) board meeting where they discussed the Administrative Withdrawal of the Thompson Divide Initiative. Wilderness Workshop will be hosting two informational meetings on the withdrawal at the firehouse. Trustee Kitching also attended the Northwest Colorado Council of Governments QQ meeting where they discussed the impact of air quality from oil and gas development. Trustee Kitching told the Board that she attended the Coventure board meeting. Their revenue is up 20% over last year, but their budget still has a $10,000 shortfall. The Pitch event resulted in just under $500,000 of private equity being offered with a higher interest in two of the six non-profit presenters. Trustee Kitching attended the Stepping Stones open house. She learned that their staff is often asked for help with math, sO they now provide free math tutors. Mayor Bohmfalk informed the Board that he will be attending a press conference tomorrow on the Thompson Divide Mineral Withdrawal. Mayor Bohmfalk stated that he attended the RFTA board meeting where they passed their 2023 budget. RFTA is ina a good financial position. They are hiring a mobility coordinator. Mayor Bohmfalk thanked staff for helping with another successful First Friday. Mayor Bohmfalk reminded the Board that the December 20th work session has been canceled and the  owners regarding lodging tax.  ideology aside.  December 27th meeting will be via Zoom only.    Trustee Meeting Minutes December 13, 2022 MANAGER'S REPORT  Page 3  Lauren told the Board that staff will be interviewing for the planner and building official positions. She announced that the building department will be closed from December  26-January 2nd. ATTORNEY'S COMMENTS Mark did not have any comments. Applicant: ALMDIN Holdings, Inc. Location: 156/160 N. 12th Street  PUBLIC HEARING - MAJOR SITE PLAN REVIEW  Jared explained that this is an application for a Major Site Plan Review, which is required for any development over 12,000 sq. ft. The application is for a gross floor area of 17,038 square feet (SF). The proposal is to construct seven townhomes on a 16,237 square feet (SF) parcel. Two buildings are proposed with three units in the north building and four units in the south building. The units are stacked with a garage and bedroom on the ground floor, living and kitchen areas on the second floor, and bedrooms on the top floor. The site is accessed via a 24-foot wide driveway extending The P&Z held public hearings on April 29th, 2021, and May 13, 2021. The P&Z recommended approval of the application with the staff recommended conditions and This application was publicly noticed in the Sopris Sun on November 24, 2022, and the applicant completed a mailed notice and posting of the property on November 23, 2022. The Property is zoned as Commercal/Transtional (C/T) which permits multi-family dwellings. A minimum lot size of 1,850 SF per three-bedroom dwelling units is required. The proposed development requires a minimum lot size of 12,950 SF and the subject lot is 16,237.5 SF, therefore the property complies with the C/T zone district.  from 12th Street.  findings of fact (below).  Zoning  Comprehensive Plan (2013 Plan)  The application was submitted and found complete prior to the approval of the 2022 Comprehensive Plan Update, therefore the 2013 Plan is applicable for review. The property is located within the Downtown Residential Neighborhood and is designated as Downtown/Od-Town Periphery on the Future Land Use Map (FLUM). The proposed multi-family buildings meet the desired housing types outlined in the Comprehensive Plan. Although the overall building mass is rectangular, the building design is quite varied architecturally. The proposal includes street trees along 12th Street and garages facing an internal driveway to limit the impact of off-street parking    Trustee Meeting Minutes December 13, 2022 Comprehensive Plan. Setbacks  Page 4  lots. Overall, the proposal achieves the goals, policies and intent of the 2013  The proposal meets the minimum set back requirements of the C/T zone district.  Maximum Impervious Surface area requirements. Building Height  The proposal complies with the 60% maximum impervious and 40% minimum pervious  The UDC allows a maximum height of 35 feet in the C/T zone district. The building elevations demonstrate compliance; the rooftop deck will be approximately 31.5 feet in The applicant proposes rooftop decks on six of the seven units accessed through a motorized door/hatch system. The door/hatch system has a height between 34" and 59" above the rooftop deck elevation. In addition, a stone veneer is proposed on the west elevation. Both items are represented as below the 35-foot building height maximum but The motorized door/hatch system and rooftop decks were initially reviewed by the building official, but additional review for building code compliance will be required during building permit review. Concerns were raised about what would be allowed on the rooftop decks and that lighter furniture could blow off the roof. The applicant should  height, while the parapet walls are 34.5 feet in height.  will need to be verified at the time of building permit.  consider this during future covenants drafting. Private Common Open Space  Private common open space is not required for developments which are ten units or  less. Landscaping  The Landscape Plan shows six street trees, 2.5" caliper in size, planted 14-feet apart along 12th Street. A 5-foot wide landscape strip is required along 12th Street and a minimum 6-foot wide strip is provided. The remaining portions of the permeable site coverage area is proposed as irrigated landscaped area. The plan complies with the  UDC requirements. Screening  An enclosed trash and recycle area is provided east of the northerly building and will be screened by a wood fence on the north and east sides, and by the building on the west side. The UDC requires waste collection areas to be fully enclosed by a six-foot fence. Therefore, the plans need to be revised to include screening on the south side of the The rooftop mechanical equipment is located adjacent to the rooftop access and is adequately screened from view on six of the seven units. It is unclear where the mechanical equipment will be located for the affordable housing unit, but rooftop  trash and recycling area.    Trustee Meeting Minutes December 13, 2022  Page 5  placement would be consistent with the other units. Staff will verify placement at the  time of building permit submission.  Fencing  As six-foot tall fence along the side (north and south) and rear (east) perimeters of the site is proposed. No fencing is presented along the front yard, although staff would note that the allowable fence height in the front yard is 42". A separate fence permit is required if the application is approved, and code compliance will be verified at that time. The site is accessed via a 24-foot wide driveway from 12th Street and serves three guest parking spaces, the unit garages, and the trash and recycling area. Internal pedestrian sidewalks meeting the UDC are proposed accessing each unit's ground level A five-foot wide sidewalk along 12th Street is required, which is not identified in the application. This will be included in the required public improvements as outlined in a  Site Access and Circulation  entry door.  Development Improvements Agreement.  Private Outdoor Space  The proposal exceeds the minimum area requirements for private outdoor space and  complies with the minimum 8-foot width requirement.  Building Design  The proposal utilizes large second level decks on the north and south building elevations, which wrap around to the east and west elevations. Portions of each unit's third floor extend out beyond the first two levels to create significant plane changes that can be seen on all elevations. The rooflines are minimally varied with a limestone veneer wall and roof top deck parapet wall extending beyond the third floor, while the parapet wall is set back from the third floor to create the appearance of two roof lines. The main building material is proposed to be Corten siding with a limestone veneer accent wall on the west elevations. Cedar soffits and steel deck railings are proposed. The west side of the building does not present a traditional front door appearance to the street. However, the large windows, masonry wall, and wraparound decks facing 12th  Street brings interest and activity to the street elevation.  Bulk Storage  The floor plans demonstrate a storage closet and overhead bulk storage in the garages and two, third-floor closets which measure a combined 821 cubic feet of storage areas  per unit. Staff has determined that this section of code is met.  Parking  Fourteen spaces have been provided in the garage and three are provided to the west of the northerly building for a total of 17 spaces. The surface spaces are designed at 8'- 6'x1 18', while the garage spaces are 20' X 20'. All parking spaces meet the minimum requirements and are functional spaces, therefore the proposal complies with the  parking requirements of the UDC.    Trustee Meeting Minutes December 13, 2022 Exterior Lighting  Page 6  The applicant has not proposed exterior lighting fixtures or a lighting plan. A lighting plan and fixture specifications will be required at the time of building permit submission. The UDC requires that all residential developments of greater than four units shall be required to provide 20 percent of the total units as Community Housing AMI Category units, which shall include 15 percent of the total bedrooms. In addition, twenty percent The requirement for the proposed development is for one 3 bedroom AMI Unit, and one RO unit. Pursuant to the UDC, the AMI unit will be required as a Category 2 (100% AMI) unit. The proposed plan meets the Inclusionary Housing requirements. A deed restriction agreement will be required prior to issuance of a certificates of occupancy for  Inclusionary Housing  of the remaining units shall be Resident Owner Occupied (RO).  any unit. Solar Access Future Ownership  The subject property is not subject to solar access restrictions.  Once the development is under construction a subsequent Prelminarylrinal Subdivision  Plat to divide the property into townhome lots will be required.  Public Improvements  There will be a number of public improvements associated with this development including, but not limited to, undergrounding the overhead utility lines along the 12th Street frontage, 5-foot wide sidewalk, street trees, potential street mprovements/street repair. An Engineer's Estimate of Cost for public improvements will be required. If the application is approved by the Board, a Development Improvements Agreement will be required, and public improvements will need to be secured by a letter of credit.  RECOMMENDATION  Staff is recommending approval of the Major Site Plan for the construction of seven townhome units at 156 & 160 N. 12th Street with the conditions and findings listed  below: Conditions  1. The plans shall be revised to ensure the trash and recycle area is fully enclosed 2. Approval of the Major Site Plan Review is contingent upon Town approval of a Development Improvements Agreement which addresses construction of public improvements associated with the development prior to issuance of a building 3. Approval of the Major Site Plan Review is contingent upon Town approval of the  by a six-foot fence and gate.  permit.  engineering plans.    Trustee Meeting Minutes December 13, 2022  Page7  4. The rooftop equipment shall be screened in accordance with Section 5.4 of the UDC (Landscaping and Screening) and shall be verified prior to the issuance ofa 5. The building plans and rooftop door/hatch system shall be reviewed by town staff for compliance with the 35-foot height requirement prior to the issuance ofa 6. All lighting shall be in compliance with Section 5.10 of the UDC (Exterior Lighting). The lighting plan shall be subject to review and approval of town staff. 7. As separate fence permit shall be required for all site fencing. 8. Per Section 5.11 of the UDC, a deed restriction for one, three-bedroom Category 2 AMI unit and one, three-bedroom RO unit shall be prepared in accordance with the community housing guidelines and executed prior to the issuance of 9. Per Section 5.11 of the UDC, the deed restricted AMI unit shall receive a Certificate of Occupancy (CO) prior to the free-market units receiving CO's. 10.Fees in lieu of water rights may be required and due prior to recordation of a 11.The applicant shall enter into an agreement with the Carbondale & Rural Fire Protection District that addresses payment of impact fees prior to the issuance of 12.All representations of the Applicant in written submittals to the Town or in public hearings concerning this project shall also be binding as conditions of approval. 13.The Applicant shall pay and reimburse the town for all other applicable professional and staff fees pursuant to the Carbondale Municipal Code. 1. The site plan meets the purposes of the Commerca/Tanstional (C/T) zone 2. The site plan is consistent with the 2013 Comprenensive Plan. 3. The site plan is consistent with the Coco Palms Subdivision.  building permit. building permit.  occupancy for any unit.  development improvements agreement. any building permits for this project.  Findings for Approval, Site Plan  district.  4. The site plan complies with all applicable development and design standards set 5. Traffic generated by the proposed development will be adequately served by Developer Bobby Almazan noted that the engineering plans includes 5 ft. sidewalks. Bobby commented that he worked hard on the aesthetics, and deed restricted 3-  forth in this Code; and,  existing streets within Carbondale.  bedroom units are needed. Discussion ensued.    Trustee Meeting Minutes December 13, 2022  Page 8  Mayor Bohmfalk commented that he appreciates the developer providing a 3-bedroom unit. Mayor Bohmfalk stated that he has been thinking about the possibility of the Board changing the building height regulations in the Unified Development Code (UDC). He asked Bobby if having a 3-story building requirement (rather than a height requirement) would have helped with this development? Bobby answered yes, it would have made the project more cost effective. Mayor Bohmfalk stated that the UDC states that buildings should embrace the street. Bobby explained that the veneer will create depth, and the big windows will provide relief. They designed the building in the most efficient  way possible.  Mayor Bohmfalk opened the public hearing to public comment.  Mark Harden stated that Bobby worked with him on his business space. Bobby is known for using local contractors. Mark noted that 3-bedroom affordable units are in Laura Marino stated that she supports the project; it will allow people to create a life for Justin Froh told the Board that he works in environmentally sustainable development, and he supports this development. Bobby is very passionate about this project.  demand. their families.  Mayor Bohmfalk closed the public hearing to public comment.  Trustee Yllanes commented that he would hate for the units to become short term rentals (STRs). Bobby replied that it is not his intent to make them STRs. Trustee Hassig stated that he noticed that the plans show the installation of gas lines. He encouraged the developer to design the building for future electrification. Bobby replied that electrification is currently cost prohibitive, but he assured the Board that he isb building the best product that they can while keeping it affordable. Chris stated that he would be willing to be flexible with the height. Jared stated that the Board needs to Mayor Bohmfalk noted that the Board has been discussing changing the inclusionary housing requirement from 20% to 25%. Ifv we had already changed the percentage, it Trustee Kitching made a motion to approve the Major Site Plan for the construction of seven townhome units at 156 & 160 N. 12th Street with the conditions and findings stated above. Trustee Yllanes seconded the motion and it passed with: 7. yes votes: Sparhawk, Bohmfalk, Kitching, Laird, Hassig, Silverstein, Yllanes  abide by the UDC regulations.  would have given us another affordable unit.  PUBLIC HEARING - ADOPTION OF THE 2023 BUDGET  Mayor Bohmfalk commented that when you look at an organization's budget you see their values. For example, the Board has budgeted approximately $1.7 million for    Trustee Meeting Minutes December 13, 2022  Page 9  energy efficiency and environmental expenditures. We have also budgeted for a pedestrian crossing at Cowen Drive, roundabout design, salary increases, mobility study, detox facility, the pool project, and allocated $100,000 to the affordable housing Mayor Bohmfalk opened the public hearing to public comment. There was no one present who wished to address the Board, sO Mayor Bohmfalk closed the public Trustee Sparhawk made a motion to approve Resolution No. 13, Series of 2022. 7J yes votes: Bohmfalk, Kitching, Laird, Hassig, Silverstein, Yllanes, Sparhawk Trustee Sparhawk made a motion to approve Ordinance No. 14, Series of 2022. 7j yes votes: Kitching, Laird, Hassig, Silverstein, Yllanes, Sparhawk, Bohmfalk Trustee Sparhawk made a motion to approve Resolution No. 14, Series of 2022. 7. yes votes: Laird, Hassig, Silverstein, Yllanes, Sparhawk, Bohmfalk, Kitching Trustee Sparhawk made a motion to approve Resolution No. 15, Series of 2022. 7j yes votes: Hassig, Silverstein, Yllanes, Sparhawk, Bohmfalk, Kitching, Laird  fund. We have a lot to be proud of.  comment portion of the public hearing.  Trustee Silverstein seconded the motion and it passed with:  Trustee Kitching seconded the motion and it passed with:  Trustee Silverstein seconded the motion and it passed with:  Trustee Silverstein seconded the motion and it passed with:  TREE BOARD ANNUAL CHECK-IN  Dan Bullock and Lisa Page, representing the Tree Board, were present fori the  discussion.  Dan presented the Tree Board's 2022 highlights which include:  Carbondale is recognized as a Tree City USA for the 28th year  The hosted the Arbor Day Celebration in Sopris Park with a tree planting near the  playground  Held a drawing at Dandelion Day for two trees Dan discussed the Tree Board's 2023 projects which include: Conduct a tree inventory last undertaken in 2010  Establish a group for reviewing landscaping, pedestrian friendly access, and parking on Main Street between 2nd Street and Weant - improvements may be  made with grant money    Trustee Meeting Minutes December 13, 2022  Page 10  Update the Tree Ordinance (minor changes)  Dan thanked the Board and town staff for supporting the Tree Board.  Discussion ensued.  Trustee Silverstein stated that the Tree Board is a very dedicated Board with their own passion to host events. He asked Dan what does it take to do a tree inventory? Mayor Bohmfalk asked Dan how do you use a tree inventory? Dan answered that the inventory describes the condition of trees and identifies places to plant more trees. Mayor Bohmfalk suggested the Tree Board work closely with town staff on establishing a group for reviewing landscaping, pedestrian friendly access, and parking on Main Trustee Silverstein stated that the tree inventory can be referred to as a master plan. Trustee Laird thanked the Tree Board for all the work they do. He likes the tree  Street between 2nd Street and Weant as to avoid replicating work.  inventory - he thinks it would be a useful tool. Dan encouraged the Board to come on a tree walk.  RESOLUTION NO. 13, SERIES OF 2022 = GARFIELD COUNTY NATURAL HAZARD Jared explained that in 2000, the Federal Disaster Mitigation Act was signed placing new emphasis on location mitigation planning for natural hazards. The Act required that communities adopt a Natural Hazard Mitigation Plan (NHMP) in order to be eligible for pre-disaster and post-disaster federal funding for mitigation purposes. In2 2012, Garfield County spearheaded the development of a county-wide multi- jurisdictional NHMP. The NHMP must be updated every five years. The updated 2022 Garfield County NHMP has been reviewed and approved by both the State of Colorado and FEMA. The FEMA process requires that the Trustees approve a resolution  MITIGATION PLAN UPDATE  adopting the NHMP as the final step.  Discussion ensued.  Mayor Bohmfalk asked how does the plan stay alive? How do we make sure that we are prepared? Kirk answered that there are recommendations for how to be resilient (e.g. back-up generator). It gives us next steps for emergencies and the Plan provides Trustee Silverstein suggested that the Board should participate in another emergency  a list of positions who should be reviewing the documents annually.  tabletop exercise.    Trustee Meeting Minutes December 13, 2022  Page 11  Mayor Bohmfalk stated that residential developments are getting close to Ameri Gas and he suggested that staff contact Ameri Gas and ask if they would be interested in Trustee Sparhawk made a motion to approve Resolution No. 13, Series of 2022. 7y yes votes Sparhawk, Hassig, Yllanes, Laird, Kitching, Silverstein, Bohmfalk RESOLUTION NO. 16, SERIES OF 2022 - SALARY SURVEY Employer's Council employee Jennifer Olson was present for the meeting.  relocating.  Trustee Kitching seconded the motion and it passed with:  Jennifer explained the process for conducting the salary survey and made the following  points:  Current salaries are not reflective of the economy Ranges were updated with market data Multiple surveys were used for each job and similar sized municipalities They matched job descriptions to the surveys They benchmarked jobs with market data  Market data was gathered from surrounding towns, similar geographic locations  Christy noted that the survey is updated every three years.  Trustee Silverstein stated the wage increase is a concrete example that we value staff. Trustee Sparhawk made a motion to approve Resolution No. 16, Series of 2022. 7 yes votes: Yllanes, Laird, Silverstein, Sparhawk, Hassig, Bohmfalk, Kitching RESOLUTIONI INO. .17,SERIES OF 2022-A APPROVING AMENDMENTSTO  Trustee Silverstein seconded the motion and it passed with:  EMPLOYEE HANDBOOK  Christy explained that the employee handbook is in need of revision. A full review and overhaul of the handbook will be undertaken in 2023. Christy went over the changes  which include:  Police Floating Holiday - the police holiday bank will be the same holidays that Maximum Vacation Accrual will be changed from 240 to 280 hours - once an employee reaches 280 hours no more vacation time will be accrued until the Calculation of Overtime -the calculation of overtime will be based solely on hours  all other employees receive vacation bank is reduced  work    Trustee Meeting Minutes December 13, 2022  Page 12  New Communicable Disease Policy, COVID Leave Policy and part-time sick  leave  Part-time employees with a normal schedule of a 20 hour work week will Retroactive to 1/1/2021, full-time employees will be provided with 80 hours  accrue 4 hours of sick leave per month  ofCOVID leave  Trustee Sparhawk made a motion to approve Resolution No. 17, Series of 2022. 7yes votes: Hassig, Silverstein, Yllanes, Sparhawk, Bohmfalk, Kitching, Laird REQUEST TO AUTHORIZE LAND USE APPLICATION TO AMEND TOWN CENTER Jared explained that in December 2021, the Board accepted the donation of Lots 17 and 18 Town Center Filing #1 and Lots 1-10 and 13-16, Town Center Filing #2 (collectively the "Town Center Lots"). All lots within the Town Center subdivision are presently members of the Town Center Owners Association ("Master Association"). The Master Association is presently the record owner of Tract Ai in the subdivision, which is a long piece of property where the Promenade" is now located (the sidewalk and utility corridor that runs north south along the front of the Thunder River Theater). Pursuant to covenants currently on record for Town Center, the Master Association also has some limited design review authority concerning future development within Town When Tract A was established as common area to be owned by the Master Association, per the associated plats, it was also made subject to a perpetual non-exclusive pedestrian access and underground utility easement in favor of the Town. The covenants for Town Center establish a common budgeting and financing mechanism sO that ownership assessmentsdues can be levied against all Town Center lots for purposes of funding common expenses associated with the operation and maintenance ofLotA A, as well as other common expenses (such as the maintenance of liability  Trustee Silverstein seconded the motion and it passed with:  SUBDIVISION PLAT  Center.  insurance).  However, since this common interest community was established, to our knowledge the Master Association has never really functioned. No budgets are known to have been approved, no assessments have been levied, and no Master Association board is known to have been elected, nor have they held regular meetings. We also are unaware as to whether the Master Association has obtained and maintained liability insurance. In Colorado, the needs for a common interest community (owner's association) is premised upon some common property that requires the sharing of expenses. Toour knowledge, the only common property owned by the Master Association is Tract A (the  Promenade). To the extent that the Town holds a public access and    Trustee Meeting Minutes December 13, 2022  Page 13  utility easement across this entire property, its only viable use appears to be its current Inc connection with the Town's efforts to develop the Town Center Lots, town staff believes that it would make sense for the Town to fully assume ownership of Tract Ai in all respects, which would require the Town to assume all liability and maintenance responsibility for the Promenade, but also potentially eliminate the need for the Master Association, as it would no longer own any property that would need to be maintained or insured. Because common assessments would no longer be needed, the common interest community (owner's association) could also be terminated, thereby avoiding the need for the establishment of a board of directors, owner association meetings, lfthe ownership of Tract A is transferred to the Town, the Master Association would thereafter have no outstanding property or obligations, which would open up the possibility of terminating the covenants and dissolving the Master Association. Pursuant to C.R.SS38-33.3-218, unless restrictive covenants require a higher percentage to approve, a common interest community may be terminated by agreement of owners to which at least 67% of the votes in the Association are allocated. The Town Center Lots owned by the Town of Carbondale presently comprise 70.9% of the voting interests in Iffull ownership of Tract A is conveyed by the Master Association to the Town, all other present members of the Master Association stand to benefit legally and financially from the relinquishment of private maintenance and insurance obligations, as well as private liability exposure. While, as the majority owner in the Master Association, the Town already carries the majority of these potential financial obligations, but all other Town Center lot owners would benefit by transferring the remaining 30% of common financial obligations and all liability to the Town (if the Town becomes the record owner of Tract A, this property can be insured by the Town in the same manner as it's other properties; as a local government, unlike the Master Association, the Town also benefits from Another consideration is the manner in which Tract A might be conveyed. If conveyed unconditionally to the Town, the Town's existing access and utility easement would potentially go away (a legal concept known as a merger). Town staff would propose to work with other Town center property owners and the Town Attorney to create conditions on the Town's ownership of Tract At to ensure that, as now, the only future use of Tract A will be for access and utility purposes, not for vertical development of more buildings. These conditions may be accomplished through new plat notes or Because the present Town Center plats specifically state that Tract A will be owned by the Master Association as common area, these plats will need to be amended in order for ownership of Tract A to be fully assumed by the Town. To process these changes, the Town would need to receive and review a major plat amendment application.  use (public access and utilities).  budgets, assessments and collections.  the Master Association.  certain other liability protections (governmental immunity).  otherwise.    Trustee Meeting Minutes December 13, 2022  Page 14  As a member of the Master Association, the Town can initiate a Master Association meeting (either in person or through written consents in lieu of a meeting) in order  authorize the Association to: 1. Convey Tract A to the Town  2. Submit a Major Plat Amendment application to the Town for purposes of requesting that Tract A no longer be required to be owned by the Master 3. Initiate a process to thereafter terminate the Town Center covenants and Staff is therefore requesting that the Board direct staff to call a Master Association meeting for the above-outlined purposes and to authorize the Mayor or Town Manager to vote on behalf of the Town and/or execute any requisite written consents. In addition, staff is requesting authority to hire a consultant to prepare and submit a Major Plat Amendment application on behalf of the Master Association and represent the Master The exact fiscal implications are not known, but the Town will be required to hire consultants to prepare a Major Plat Amendment application and a number of legal documents related to the termination of the Town Center Owners Association, Inc. Lauren told the Board that she had an informal conversation with 2 of7 members of the Trustee Yllanes made a motion to direct the Town Manager to initiate a Town Center Master Association meeting or written consents in lieu thereof, and exercise the Town's voting interests, for the purposes of: retaining a land use consultant or surveyor; initiating an application with the Town to amend the Town Center plats for purposes of removing the requirement that Tract A be common area owned and maintained by the Master Association; conveying ownership of Tract A to the Town; terminating the restrictive covenants for Town Center; and abandoning and dissolving the Master Association. Trustee Laird seconded the motion and it passed with: 7j yes votes: Laird, Kitching, Hassig, Silverstein, Sparhawk, Yllanes, Silverstein  Association as common area; and, dissolve the Master Association.  Association throughout the review process.  HOA.    Trustee Meeting Minutes December 13, 2022 ADJOURNMENT  Page 15  The December 13, 2022, regular meeting adjourned at 9:00 p.m. The next regular meeting has been scheduled on December 27, 2022, at 6:00 p.m.  APPROVED AND ACCEPTED:  Ben  BR  ATTEST:  CARBON Town Clee 2: SEAL COIORIRO  BD Cathy Derby,