Town Council - Regular Meeting

Good evening. It's Tuesday, March 10th, and uh we are at our town council meeting. But before the regular agenda starts, we're going to start with a work session on the wildland urban interface or WOOI as it is known. And we got Mitch Miller up here at the at the desk. And uh James, you're on this one as well. So I'll let you guys And actually Jeff's gonna start it off. Jeff is gonna start it off. Yes. All right. Here we go.

All right. So, we're here to talk about the the wildfire resiliency code. Um the the WOOI, as you said, is wildland urban interface wildfire resiliency code is a state effort to regulate wildfire hazards in the WOOI. And so a couple years ago, the state legislature passed some legislation to form the state wildfire resiliency board that was then tasked with adopting the model wildfire resiliency code, which they did last summer. And then the legislation requires that local governments and excuse me and local governments that have planning building authority and fire districts to adopt a the wildfire resiliency code or any code that met the minimums of this state model code and there's requirement to do that and then begin to enforce it by July. And I think a lot of communities have been struggling a little bit with how to go how to deal with this, how to handle it, implement it, and adopt it. But um for tonight, we're just going to give an overview of the code, how it would apply, some potential amendments for the town could pursue on its own, and some potential ones that it could pursue through a process with the state. And then um really just lay the groundwork for coming forward with an ordinance to adopt the code in some form in the next couple meetings. And so the the wildfire resiliency code, the state code is um does a couple things. First, as part of this process, it maps all of the state and designates

it into different wildfire hazard areas. There are low, moderate, and severe wildfire hazard areas uh within the wild. And depending on which hazard area you're in, different provisions of the code, the model code would apply. And so for basalt, there are moderate, low, and some areas where it shows that there is no wildfire hazard area. Um, and this is state mapping. And we have had some questions about how that was determined. some of the preliminary answers I've gotten from the state is that sometimes there's I think an analysis that it was done based on building types and densities and also the fact at least with our lake fires some areas have already have already burned but you'll see that it's kind of hard to see but there's an area that is uh is not shown as having a being a wildfire hazard area. um as compared to like village for example which is all either moderate or severe wildfire hazard area. Um the town already has a provisions in its code to address wildfire areas. There's consultation with the fire district on land use applications where they can recommend provisions that go into land use approvals and there's conferral on I think you know certain building permit issues but this would be more prescriptive. prescriptive with with shallows. And so there's been um plenty of meetings regionally with Ring Fort and the other local jurisdictions to try to take somewhat similar approach to the code and I think most jurisdictions

are moving forward largely with the code uh model code in its asis form not a lot of amendments. So as to what does the code do there within the code there's two areas there's there are structure hardening elements and there are site and area requirements and the structure hardening elements are the residents the the structure and site and area is how it regulates the vegetation in in the lawn and generally the code is perspective looking so if you're going to come in for a new development you need your new building needs to comply comply with the structure hardening requirements. When you're doing a new development on a, you know, vacant site, it's going to need to comply with the site area requirements. It is not retrospective an application. Um there are some provisions that enhance I think existing nuisance powers of the town that if there are acute wildfire risks that there's some that there's some ability to pursue that as like a nuisance abatement procedure. But there is not a requirement now that people are going to have to run out and do all this media remediation work to their to their lawns. Although they c although they certainly can and the district is always happy to do a consult a visit to provide recommendations on how you can re reduce wildfire hazard risk on your property. So within this the the structure hardening uh there's a requirement that the new buildings be of class two building materials and that are you know Mitch can speak more specifically to the the materials part part of this but then there are three areas where short of new development the code could apply and so one is if you're replacing

more than um 500 square ft above your roof, you would need to replace the entire roof with a material that meets the uh wildfire resiliency code. If you are um doing it, I'm sorry, I think it's 25% of your roof. If you're doing an addition of more than 500 square ft, your addition needs to comply with the structure materials of the code. Not your whole house, but the addition needs to apply. And then if you're replacing the exterior walls of more than 25% of the exterior of your home, all the walls are going to have to come into compliance and you're going to have to meet uh this initial zone of the site and area requirements. And so is that the zero to five

zero to five and so I'll I'll jump into that. So then the site and area requirements creates basically three zones on a property. 0 to 5 feet, the immediate zone, the intermediate zone, which is 5 to 30, and then the the the larger range zone, which is 30 to 100 ft. And in the 0 to 5 foot range, there's basically it's attempting to eliminate eliminate uh most vegetation within that zone. There's exemptions for ignition resistant vegetation which there are there is a definition of that and there are some plant species that meet this requirement but it's really trying to hardcape those areas. There's also an exemption for larger trees that if at a certain height they're more than 10 centimeters in diameter there wouldn't be a requirement to remove that tree. It could continue. Um, but generally it's to remove within that 0 to 5 ft zone vegetation and make it hardcape. The five the 30 foot zone requires some spacing between trees and that trees not hang over the the roof. Um, and then once you get to 30 feet and beyond, there's kind of larger spacing requirements for the trees. There's also a requirement that wooden fences be at least 8 feet from a house um to you know I guess avoid that kind of ignition trail into a home and again that's on on new on new development. So those are the site site and area requirements. Um, and these would mainly come up on new new site development. And then, um, on that zero to five foot zone, if you're replacing more than 25% of your exterior walls, there's a lot of, um, gray area in the code. And within it there's a lot of discretion for the town through

a town has to designate someone to implement the code and it is your building official but for the building official to make interpretations of the code as to how it would apply and to approve some modifications to the strict letter of the law of the code. so long as it is going to meet requirements that it's not increase fire hazards essentially and there's um some factors to consider in doing that. And when we've talked there's just kind of some ongoing meetings with the state and they seem to be getting it a little bit more organized on these implementation pieces as time goes on. But they do repeatedly emphasize that there is an intent to have some local control over this because it can't be a one. While it is a one-sizefits-all, it is not intended to be as there is this discretion for building officials to make some interpretations. Um there's also the ability for the town to adopt the code with local amendments just like the building code. when we adopt like the IBC, we adopt it in its entirety with some local amendments. Um, in working through this there, I think some more basic, you know, I don't want to call them cleanup, but some some changes to help make for an easier implementation that were included in the code that was in the packet. Um but if to go beyond that and to make amendments that would be less restricted or would be a variance from what is in the code. There's a process that you would have to go through the town would have to go through through the state to get the state to essentially approve that modification. They now have that platform up and running on their state website. But if we were to say, you know, this

particular thing doesn't make sense for our community. We think that we based on these other regulations, we can ensure that we're providing the same level of wild wildfire hazard risk control from how we're regulating in this way. That's something that the state board could approve. In Eagle County, they are doing that by trying to to get approval for there's a variation. There's a similar idea in California as to what this code is, but it is a little different. And many of the Eagle County communities are like looking at that something more akin to the California code. uh Pikin, Aspen, Snow Mass are all looking at I I think on down the valley are looking at this the state's code. Um I wouldn't be shocked if there's some changes to this in the future from the legislature from the actually from the state uh the state board, but this is the code we have at this point. Um and then

those stages propagate automatically or you have to pass them somehow or I think we would have to come back and adopt. Well, we would need to get we if they come out with wildfire resiliency code 2.0, we wouldn't come back and adopt a 2.0 just like when we do building code, you know, the 2021 IBC and then we did the 2024, you know, it wouldn't be automatically come back those.

Okay. And there's one other thing that we've been staff has been discussing from a regulatory approach to this is taking a uniform approach to the application of the code. So as I mentioned depending on um whether you're in a low moderate or severe wildfire hazard area certain provisions of the code apply. So, if you're in a low, and they have them set out in the code as class one and class two. If you're in a low wildfire hazard area, you only have to comply with the the class one requirements. If you're in a moderate or severe wildfire hazard area, you have to comply with the class two requirements. So, the full the full deal, the whole code. And from an implementation standpoint, it is more straightforward for the town staff to just take a uniform approach and say, "We're just going to comply with the whole deal. We're going to comply with class 2 regardless of what wildfire hazard area you're in." Um, that is an approach that I know just from my experiences being taking taken in snow mass, but it is a little different because they don't have um at this point those low fire intensity areas. Um, but that's another item for consideration and and I think and I'll let Mitch speak to this, but I think part of the thinking on that is we are already pretty far towards this code with what we've got on the books now. It's just taking it a little bit of step an additional step uh further farther and then um we have some issues over some of the building material requirements. So that's kind of the overview of the code and I I just gonna let Mitch and James kind of add their input on on the code, but I'm happy to answer any questions.

Great stuff for sure.

And I think maybe as just a little bit more information, uh you also have u a markup in in the packet materials that's after the state code. Um, this was a markup that uh Mitch Chris Biser and I did kind of uh before we had some direction as to where to go um wi with the code and you know a lot of it is in the structure hardening. Um so so Mitch you have some thoughts on the structure hardening there. There are basically, as Jeff said, a couple of options of ways to go with this. You you could simply do the draft that uh Jeff has has adjusted. That doesn't require the state board variance, but if you wanted to go to something more like what was originally marked up, that that would require the state board review and variance.

The marked up one's the second one in there, correct? It's the second one in in your packet materials. And that that was where town staff was initially going and trying to figure out how to get there. But so I had a lot of time to think about this and work through it since we originally started this. And you know, as Jeff said, we're we're well ahead of the curve normally on all this uh fire protection and wildfire protection for houses. So I went through this as comparing it to what the salt had and what the state wanted to do. Uh technically if we were since if we didn't have any regulations which is the clear areas or there's actually a lighter yellow here the class one we would fit it and we would be above model for the state already. Uh the darker yellow which you see which basalt has some that is the moderate fire hazard and the red is the high. They decided to uh create a hardening system for both which is one and the same. The salt is underneath that not by much. We are probably about as we said 85 to 90% of what the state does already. minor adjustments like uh with roofs. We had 50% replacement before you had to do it all. Day 125. Uh same thing with uh uh let's see of walls or siding. Same thing with that. So in the comparison we actually have some above and beyond that

they have in there also. So with the idea that the uh building official can make some interpretations, those interpretations are still based upon not lessening the code. You have to go better than so we would have to go further into this to uh be more strict the way we are. As I was pondering to see what might be a consideration for this is to separate the moderate from the high hazard. And the only difference would be is the exterior ex Oh, you can't hear.

Sorry about that. We can hear you.

So the the only difference would be the type of exterior cladding we're putting on a building. what they the state is requiring they want a class A material which has a lower flame spread. It's uh it's gets into what they call ignition resistant uh and it's used in fire rated assemblies all the time. For example, steel is non-combustible, rocks are non-combustible. Uh but when you get to a class A, it it's it's it doesn't burn or doesn't spread flame. As well, what we've adopted for a number of years is a class B material for the outside cladding, which is uh the next highest from a class A, class B. And there are no provisions in this except if you were in the light moderate fire hazard. So going through this, you know, I it would be something I would uh recommend that we try to get a amendment to the code. First, there has to be a state board that we can give it to, which I don't believe there is is is in existence at this point. Um, but it is, you know, my my thought would be more to keep as we've been doing because we've been doing such a fine job and not trying to create more. We go with the class A cladding on the outside. It's going to uh be a lot more difficult for people to uh find the materials or it will set them into a monopolized type

material to use. Uh, so you're going to see a lot of steel on the outside. You'll see a lot of rocks on the outside. Uh, if you want a wood texture, you're going to have to go to a specialized treated type material from a factory. Uh, just makes it more difficult. It limits what people want to put on the outside. That's just a a personal thought. Yeah. Can I ask a question about the sighting? So, am I I could be misunderstanding, but am I understanding correctly that let's just hypothesize like I have some kind of damage to my home, okay,

and to the sighting, right? To the exterior and it affects 26% of the service area of my sighting. I would then be forced to replace 100% of the sighting of my home. That is correct. And I have to assume that my homeowners insurance is probably only going to cover the 25% that was actually damaged and not the election above that because in their view it would be an elective thing. Like they don't care if it's town code, you know, I can't speak to that. Yeah. That that that's, you know, or state code. They probably don't care. They don't care either, right?

I'm I have a lot of concerns about the cost burden of that, you know, just me personally, right? Like if I if if something happens to my house and 26% is damaged, homeowners insurance is going to cover that, but then I still have to pay for the other 74% out of pocket and can't afford to do that. So what does that look like? Very good point. There is there is an I say the the cities and towns are equally frustrated for the same idea because this is what you would call an unfunded mandate. So right

and are we I think I read somewhere we're we're talking to CML or maybe that might be something that we could pursue on behalf of all the frustrated municipalities and whatnot. I haven't seen any updates in the past couple weeks, but there was conversation of maybe something was going to get introduced to delay um implementation, but I haven't seen that actually happen. Yeah, because obviously the same question applies to roof damage and the 500 what was it? 500 square feet for roofs. It was 25 25%. Yeah. So, same issue. Same issue. Yeah.

Well, right now the town of assault has a 400 square foot on roofs before you replace the whole thing. That is part of our original roof. Yes. And it was 50% or 400 square f feet. Yeah. I mean, I I don't I don't know, Jeff, that there's anything that we can do about that, but I mean, that just that seems like a outrageous I mean, that could that could literally unhome somebody. You know, you talk about these other materials, sighting materials, and I'm familiar with the cost of those. Um

well well intentioned but yeah that's I so and kind of related to that with the so the class B make sure play it back understand what what you're saying is you guys are recommending for the next um I forgot what the terminology was the risk area down we having a modification or amendment to the to their code then we could use a class B instead of a class a sighting. So it wouldn't I mean since you have two different since you have three different uh risk categories

low, medium, and high. It would seem to make sense you'd have three different class Hardings for one for low, one for medium, one for high. Right now they have one for low and one for medium and high. They just combine the one. So, doesn't really matter if you're moderate or high, you're still doing your hardening structure uh construction in the same way. Now, there is a uh an exemption to this, and that might feed into what I'd like to you would be preparing to see if the state would accept is if you build a class A fire rated ex to the exterior uh wall, which I have an example in there, and and then you can actually cover it with a vinyl covering. So to me

over the um over the class A and it's it's an interesting assembly that you can use for a class A is what I would say is uh I would think if you built something like that and put a class B material you would be a lot better than putting vinyl over the top which might be something we could work with as an building official making a judgment. call and verifying through facts and and you know analogies.

Yeah. And I'll just say there back to your point Joe about the financial challenge. I mean there is some there's the ability within the code to implement modifications for if there are practical difficulties in implementing it and you have to document what those are. Um but there's a general requirement that they not lessen the life health and safety. And so you know if there's a way and you know say there was that circumstance there's damage to a home you need to replace the wall it's more than 25% you can't afford to replace the rest. you know, if there's some half maybe there in that case there'd be the ability to find some half measure or some measure where you're not I mean I guess you wouldn't maybe not you make the prediction you're not increasing the the safety risk by not replacing it you're just not decreasing it and so you know maybe there I am sure there will be fact scenarios that require some interpretation and analysis but

there is some some ability to try to figure out a reasonable path on this. I think yeah, I hope that be I think it's a good it would be a good idea with CML the other organizations to try to get people together to give some feedback on this so we can address some of this stuff. Yeah. Um I have Yeah. Yeah. for it.

Um, back to this 500 foot addition and the ADU um, opportunities along lines of what Angel's asking is if I have a 35year-old home and I want to put an ADU on it, I'm assuming the code requires the ADU is going to meet all those standards. But what does that do to the existing residence? Yeah, you wouldn't have to change the existing residence. Just the if the addition is more than 5 square feet, just the addition would have to comply. That's good. with these

um one of the things that you know we're I think it's great that we're looking at the state code but the point of this whole conversation should be targeted towards what are we going to do as a community to help mitigate fire wildfire risk and I don't think there's enough focus on that right now um and I think that we're going to be looking at a number of opportunities to communicate to people in in the community. I looked at the map, the blue area that's basically the frying pan corridor and that's a pretty densely developed area which has also got a lot of mature landscaping that wasn't there

30 or 40 years ago. But with the Riverside Drive development alone and the hillside changing the redevelopment stuff, the landscaping that's been imported in those areas is not native landscape. It's more fireprone, more are subject to risk. The other thing that we learned a lot about is that the repairarian areas are natural conduits for wildfire. That's what's going on in California. And we have an environmentally sensitive area ordinance that overlays our repair corridors. And we, you know, I had a um a notion to do some fire mitigation on our property and I and it got into the issue of ESA,

which is 0 to 50, 0 to 100, 0 to 150. And most everyone in the frying pan corridor if they have a backyard on the frying pan river is in the ESA and it requires a significant amount of um effort to get a permit to go down and do appropriate mitigation. So there's a little bit of a conflict there in that when we we want we proceeded with the work we went to the fire department to get a report. We went to the urban forest guy to get a species identified. We identified by survey where the 050 150 was the conflict with the 30 to 100 foot space falls right into sort of the violation on the environmentally sensitive area ordinance. So after six months of

going through a process of getting a permit, spending x amount of money, uh the project got away and we we finally understand a move forward. And I think part of this should be something that we look at locally here as what does our urban forest look like? What is this urban area that's been unmaintained or the repairing area that's been basically unmaintained for decades? Um it's not so apparent along Highway 82 because you have road and highway which is a pretty good fire rate but when you get over into hillside Elron um it's a whole different story isn't fully maturity that landscaping over there but there's that that's a sort of an impact that person is trying to do work

managing their guest and it was a lot of hoops to jump through and um was fine at the end of the day and then we did it a second time. The hoops got were less hoops but there were still hoops. So some are in here and then some of the other programs, free shipping programs, things like that that are funded locally are starting to catch on pretty good. Um the other area we we bump into is just enforcement of of HOA covenants and things like that so that people can an HOA or can say you need to clean up your property. That's been real sort of fuzzy about how that works. Yeah.

So, I think there's some really good local impact we could have if we started looking at motivating people to do the right thing in their properties and you know states the state building code is technical and everybody's got to comply with that. But the the culture of trying to get people to do work is got a lot of hurdles

to get over before you can actually execute anything. And that you know ride up pan canopy access on some of these subdivision roads fire department those places those guys aren't even going to drive into. So the kind of the complementaryary to that is that you like you got the enforcement element but that the education kind of

to go along with that probably be a good idea. Yeah, I think there's it's worth, you know, some the fire district has a lot of efforts at voluntarity compliance by doing these uh wildfire assess or I'll screw up the term, but but it's like a wildfire mitigation assessment. Come out, take this tree down, take that, you know, get rid of that pile, you know, this and that. And I assume maybe that's what you had done, Rick. And then you can go about doing it. Yeah.

You know, if there's a path to fewer regulatory hoops to do that, that'd be great. I do know at least for, you know, you mentioned HOA covenants, there's there's now a provision in in Kyoa, the Colorado Common Interest Ownership Act that basically preempts wildfire mitigation work on your property from the HOA's, you know, discretion to say yes or not, yeah. You have to present that this is a legitimate plan from a wildfire uh professional that you can do it. Yeah, one of the things was helpful in the urban forest study we did in one subdivision um was we really identified the top 10 risks on single family residents sites and then we put that out there and they said, "Oh my god, I have no idea." And then as it kind of caught on, I think we got six out of 10 the first time and we identified a few more and it just kind of started to grow. That's what I think would be an interesting windshield type of deal to do with the fire department is or save a tree or something like that that goes out and assesses a neighbor, you know, so you get 10, 12, 20 people engaged, see

they get some some kind of program that's makes it a little easier for people to hear the neighborhoods signing up and then you get that feedback because that's going to be more effective And then like if I go and fix a fence, my wick if you will to the house, right? Like every everybody kind of takes that look that's going to be a lot more effective. Yeah. I mean it is a you think about almost this time last year there was a fire in Oakrun that was lit a fence on a wooden fence on fire against bee hill that could have very easily you know been a thing.

Biggest issue was lights and privacy. So they think they're going to have to wipe out their entire screening to from their neighbor's house, but it doesn't really work that way, right? So we did a few demo projects and that would be a good thing to fund is a few few demo projects that people are willing to take on the task of cleaning up their property, fund it a little bit and say here's what you have here this is what it really looks like. doesn't know

the other real quick. Um Leslie Lamont really developed a really nice uh landscape standard for the bigger parcels in Pitchkin eye on all hardening and defensible space species the whole nine yards and that's been pretty helpful

as far as the amendments that that you had flipping through them and You know, I my my thought is we should look at how to go through that process to get those amendments done when board set up or whatever that occur whenever that occurs. Um I think a lot of it I mean again the intent is is good, right? We want to try to push everybody in the state to deal with wildfire, but I also think you know kind of the local community part and the local control part in the code is important too. So I mean I would I think we should be looking at those amendments that make sense for us. Um in addition to talking to other communities and you know using our voice with CML to kind of impact the overall ecosystem of the new code as it goes along. That's those would be my my thoughts kind of overarching. There could be an option where we bring forward code amendments to you that basically adopt the state code as as Jeff has marked up and then come back once the state board has their process all figured out and and try to go through that process and and then we could, you know, if if we received approval, we could then come back and amend the town code further. That that could be an option. When are we required by the state to do something?

We have to start enforcing it by July 1st. Even though they are not they now have prepared and they don't they themselves aren't organized and don't have any kind of board. They are going to mandate that they now have the they now have the platform up to submit the variance request and uh I think they're kind of scrambling to get their hey intake things in order. Yeah. So, but but but they're requiring that we enforce this by July 1st, even though we won't be able to submit our variance requests before then. Well, I think we can we can submit them. Yeah, I just And then we can enforce what we have submitted and then just kind of ask for forgiveness or

can we stay send me to the state. I think it's a I think it's a reasonable approach for it to to adopt the code. Um Again, it has discretion for some local control and on a parallel path pursue these amendments and then we're successful bring it right back and implement them into the code. The legislature could push the date then too, couldn't they? Good.

I mean, that that seems to be what makes sense to me, but what makes sense to me does it make sense to state and federal legislature. like they shouldn't require enforcement until they are ready to it seems a little halfbaked on their part if I might say. Okay. But is that anything y'all can add? And again I mean as Mitch said we're 90%

we're doing really well at this point. So, um, but for these few things, it won't be a I don't think a huge a huge change. Can I ask a clarifying question about the fencing? So, if I like at my house, for example, right, cuz my I have I have wooden fencing because it's also, you know, 1993 home because I'm an Elon that, you know, it comes right up to my house because that's the envelope of my yard. And so this would say that within three feet is what we're suggesting, not 8 feet. That's what we're enforcing now.

Yeah, that's our Okay. 3 to 8 ft. I would change that material of my I mean if so if I have to replace my fence I can either replace the entire fence with something that meets the non-combustible materials list or I switch material 8 ft up to my house that that is it's a very vague answer to that

because are you replacing more than 25%? Well, I guess that's what I'm saying. Like again in like I live on a corner. I keep bringing these things up because it has happened to in my house where someone has barreled a car into because of the corner I live on of my house. And so fence siding like those kind of things like that's why I'm like oh let's say that this happened again. Um so let's say I have to replace more than 25% of my fence. I could replace most of the fence with wood except within eight feet of my house

as as it's written now. And part of my recommendations is going with a five foot. Due to a lot of our property lines, you have you can only be 5 foot. Stoots mill is a great example. You can also if one of the exceptions to the rule once again is to put a vinyl fence up within that perimeter. Right.

So, you're you're certainly going to get a different type of fence. And part of the five foot as I go with it is if I get into a building code with within 5 foot or property line, that's when we do fire rated assemblies. Anyway, so it just had a little communication between those two codes to work with. I have no idea how they got to eight, but that's what they called out. And with our current code requirements, we've se seen some people do like gates right up against the house that are a different material and kind of transition. That's the work. That's at three foot because a normal gate's about three foot, right?

That's what I always look at. I have a couple fences seem like and I always look at I'm like, what the heck would I do here? Yeah. And you know, to make it look decent. Mhm. Um, yeah, it's a little funky, but I get I get the science of it, but we It's a little funky for sure.

The aesthetic. Well, we're at a little past quarter till that's where we were scheduled to stop for a break before our regular meeting starts at 6. But before I do that, any anybody else have any comments or anything else that you guys need from us at this point? Just generally is everybody kind of accepting of that uh scenario at least uh conceptually to bring forth the state code as code amendments and simultaneously go down the route of trying to get the the state variance uh and we could come back.

I would just say like let's I know we got the deadline but we think things might progress. Let's not waste time like with it now if like two weeks from now we think things might change. just seems like something that could be conversations occurring in the capital. You know, there there's a technical and I keep saying July 1st because there is a technical requirement to adopt a code in April, but a requirement to enforce July 1st. And so, okay,

the what that interim period is, I don't think has a real legal meaning. And so I'm kind of focused on the well we need to be in a position of having a code adopted and beginning enforcing it by July July 1st. So there is some need to keep moving this. Okay. And we got to go to planning commission and so it'll be soon but it wouldn't be effective till July 1st or enforcement. I mean

we could make the effective date July 1. maybe maybe do that and then we can always I mean I know it seems like a lot of hassle to to keep changing things but I mean to the to the point of like what's the where the dust actually settles maybe we do it like that and then we can always revisit the enforcement date if things change or okay um well we can bring that in as a you guys and council can yeah I mean I guess the way I'm understanding it's not like we really have a lot of choice So when James asked the question, I'm like no, you know, I can symbolically vote no, but like we have to do it. So

well, that's why we got to I think do the look at the amendments they have and like I just Yeah. plan for those and then try to amend as we can and try to ensure that there can be some exceptions, you know, financial hardship kind of as the example I brought up, exceptions that could come into play. You know, we're our our primary goal seems to be protecting housing for our citizens. And if this is one, you know, thing that can, you know, in a in a grand hypothetical situation, um, unhouse somebody and just I'd like to know that there's some kind of exception for that.

And and even if there are exception processes and mo like say even twothirds of the people out there who are doing stuff do the things like that's better, right? That's better than it is. I mean, perfect. We I think it's mitigate the risk in a significant way, not be absolutely perfect because you're never going to be nothing's going to be perfect in this. I I think we're working the it's on new construction is really where the concentration is. Yeah. You know, if you're getting into existing parameters, then we're going to have to go to a judgment call or

how far do we go? What do we do? How do we how do we actually analyze it's going to be the correct call to make? So that's a that's a whole another layer to this. So it's new construction is really where it's being pushed on. So I kind of keep it in that realm at this time. Mitch, can I ask you? Sorry, I know we're running late. Um, in your opinion, adopting this and and also knowing that we're already pretty much 90% there, how much does this increase the cost of new construction?

That's a real difficult question to answer. You know, we're once again, we are getting specialized materials. What does it cost to put stone on the outside of your building compared to T111, a real simple sighting, right? You know, you got to have impregnated wood that has a fire on it. There's it would it would increase the cost definitely, but to give you an answer of how much is Yeah. Five 5% 10% 15% I don't know. Well, I know. But again, it just everything's already so unattainable. Like I just I know it like has just does not help our affordability issue. It

be meaningful. It would be Oh, I know. It was kind of a rhetorical question. Yeah, it would be it would be meaningful. Yeah. Okay. Well, thank you guys. Appreciate the presentation. Uh since you got the direction you need for now

and uh looking forward to talking some more about this later. We're going to go ahead and take a break here because I have pretty teeth and I want to make sure we get started as quickly as we can. So, we'll see you guys back at 6. Thanks a lot. Look at the gap. Thank you for your patience everybody. Um we're we're live again. Um welcome back. We had our work session earlier and then some technical difficulties so we're definitely behind at this point but uh I will go ahead and call the meeting to order and Pam will you please call the role? Absolutely. Let us begin with deer Schindler

present. Angela Anderson here. Rick Stevens, Anna Berman Angel Dup prebuch chart here. Ryan Slack and David Knight and Ryan was here. Yeah, I'm here. Ryan back.

Next up is our consent agenda. Item two. Um, item 2A, resolution number 9, series of 2026, resolution of the town council of Basalt, Colorado, approving amended and restated bylaws of the financial advisory board. 2B, reappointment of basalt affordable community housing members, reappoint Jay Israel and Jay, thank you for serving and being here. Uh, Perry Klespies and Dave Portman of the Bach Commission for three-year terms each to end March 10th, 2029. 2 C is the reappointment of Basalt Public Arts Commission member. Reappoint Britt White to BPAC for a three-year term to end March 10th, 2029. 2D, reappointment of green teen member, reappoint Mike Steiner to the green team for a three-year term to end March 10th, 2029. Item 2E, resolution number 10 series of 2026. Resolution to town council of Basalt, Colorado, approving an intergovernmental agreement between the town of Balt and the Roaring Fork Transportation Authority and for the administration of the Mid Valley Trails Funds by the town of Basalt. 2F is a letter of support for Aspen Picking County terminal modernization project through Picking County's congressionally directed spending request. So quite a big consent agenda. If there are any items that uh we'd like to pull off to discuss, go ahead and uh raise those. Otherwise, I entertain a motion to approve the items as presented.

Mayor, I move that the town council approve the consent agenda items as presented. Second. It's been moved and seconded. All those in favor, please signify by saying I. I. I.

Thank you very much. Next up is our call to the public. So, um, just a few ground rules. I I know there are some people here for that. Um, it's limit your comments to three minutes and address your comments directly to me. Make sure you identify yourself by name and address. And, uh, there's a sign-in sheet in the back of the room as well. Um, comments should be courteous, civil, and constructive. We always like that. And town council will make no decision nor take action except to direct the town manager. And I would just add that if there's anything uh for a this has a public hearing on it, it'll specifically say public hearing on the agenda. Go ahead and wait for that uh agenda item. In fact though, I don't see any public hearings on the agenda. So, anything you'd like to make comment on the agenda for tonight, now's the time to do it. So, um with that, I'll open the floor to whoever would like to come to the podium. And David, I would say if you would like to have comment on those agenda items at the time we get to them on the agenda, even though they're not public hearings, we can certainly do them. Um, if there's people here to speak on agenda items, we can wait till the agenda item.

Okay. Are you guys amenable to that? Yes. Okay. Let's do that then. If um so if there's an item that's not on the agenda whatsoever, you know, come on up and speak. Kathleen.

Oh, quite a packed house, but I feel well protected. Um, okay. Mr. Knight, members of the council, I'm here to make another plea that safety measures be put into place for our trails and sidewalks as well as law enforcement investigations for all injury accidents. My name is Kathleen Brim. My address is 361 Robinson Street, Basalt, Colorado. And I am a victim of an accident a year and a half ago for which I'm still getting treatment. Spring has arrived early and locals are enjoying an array of bikes and the micromobility devices. Two weeks ago, I saw a pre-teen delightfully riding an electric scooter on the Willlet sidewalk in front of Midland clothing store. What was curious to me was I realized that scooter was going faster than the cars were on Valley Road. And then after reviewing the February 24th agenda with the minutes from the February 10th meeting, which I made a presentation to, I want to clarify. I don't know for sure, but I suspect that the fellow that hit me, but never called 911, he may have stayed on the scene due to a sense of obligation, though. I found out his bike had significant damage that came from the local bike shop. And a few months after the accident, he actually filed a claim against my insurance company for damage to his bike. It was denied. Tomorrow morning, I leave for California to help my daughter as she and her husband prepare for a little one within the next two weeks. And I really hope that when I get back in May that I'll be able to safely maneuver around the community on my bike. Thank you.

Thank you, Kathleen, and congratulations. Thank you. There's an agenda item coming up for uh about ebikes. Um so stick around for that during uh Gloria's manager's report. Thank you. Anyone else? We have a hand up online. John, you want to do the online one first? This is about uh if you want to if you guys want to wait I we'll have a well it's for the item uh 7C

7C we'll we'll do public comments for that during that if uh if everyone prefers to speak then there any other topics now is a great time to come up sorry I I just have to I know I just picked up that you wanted to discuss uh wanted to comment when you were discussing certain items, but um I really have to go and I have a really quick thing to say. Is that okay? Absolutely. Yeah. Thank you.

Um because I imagine most of you got my letter the other day and so that kind of outlined some of my concerns about this um zoning design overlay situation. Um but I do have a few comments. I do want you to encourage you to look very closely um at this document and determine if it is legitimate historic preservation document or a design wish list. Um I think you took a lot of com or some comments from people um at one meeting I was in took a comment from Glenn and then that appeared in the in the document. So, not so much historic preservation as um design guidelines or wish lists. Um I support the historic preservation standards um for things such as sightes and foundations and windows and doors and entries and roofs and materials. Um and these properties are identified um in the landmark inventory. Um, one other thing is this document was just recently posted online. We were unable to get a copy of it throughout the first and second drafts. So, it's posted online as a final draft. So, I just want to encourage you to um communicate a little bit more with the public about what your intention is with this um before it gets kind of passed right through. I think

communication um could be just a little bit better. Um and then finally, lighting, lighting, lighting. You got my uh message before. We still don't have we still have one very dim light every three light posts in downtown. Um fortunately, daylight savings is here, but we could all use more lighting for safety and for vitality. Thank you and thanks for taking my comments now. You're welcome. Thanks for the comments and the feedback. Um, Gloria, do you have an update on lighting if you want now or um you would want to come back with that? I can come back with that. Yeah.

Okay, that's fine. Um, who else? Uh, we had Emily Chapen had her uh hand up online. Emily, if you would like to unmute and provide comments to the council, you can. And I Emily, I saw you had a letter um for 7C. If you want to wait until that time, uh, that's fine, too. Your your preference and you're you're staying mute. So, also we get the 7C. Anyone else for public comment? Um, otherwise. All right. I'll go ahead and close that out for now. And, uh, mayor and council reports and comments.

The floor is open.

I have one. Um I was just going to ask on uh public works side um about if we're monitoring um basalt springs at all metering flows and volume. I'm just curious as to we're seeing any trends up there either out of Luxinger or Balt Spring that would indicate a you know a lack of water. I think I thought they were metered, but I'm not sure. I'm just curious. I'm I'm getting a lot of other data from other sources that suggesting that water resources going to be limited. Everybody knows that

and I can come back to you with with that information. I think we're most municipalities already looking at water restrictions prior to the normal season. So, we can figure that out. let people know. Um, great. Be great. Thanks.

Thanks, Rick. Anyone else? I just wanted to uh recognize uh well, a few people, but uh Matt Kon uh Kon Konis for um his work with basketball this season. We got a really nice email um about um from one from one of the parents about the experience that they had and I know my son played basketball and enjoyed it too. And so I also wanted to give a shout out to Ryan and Ryan Honey and all the other parents who coached basketball this year. It was basalt wreck basketball was a lot of fun. It was it was a lot of fun last year as well. But um I I just wanted to give that shout out because I it just was a really fun time for parents, kids. They learned a lot. My only wish is that the kids had played on our team as well during the season as they did during the game against the parents because they were pretty they were pretty on it. So, uh, you know, but it's they were they were quite good. Anyway, um, that's that's what we got for mayor and council reports and comments. So, item 5A or five is the manager report.

Yeah. So, I did uh put a memo in your packet regarding ebike safety follow-up. Uh I was directed at the January 27th meeting um after public comment to start looking into how to address to the ebike safety um in Basalt. And what I thought I'd do is I'd bring all the stakeholders and agencies to the room and um figure out what they're doing and give you all a little report. Well, when I brought everyone to the room, um I was met with gratitude that we need to have a regionwide um ebike safety group. Um so I inadvertently started one and I wanted permission to keep going with that.

Yes. Love it.

Great. Um so some of the topics that we are looking at um include the challenges of enforcing ebike rules and the um need for consistent safety messaging and education and uh incident data reporting. So those were three areas that were identified by the group um that we hope to start tackling. And as we were talking through it, we found out there are resources that each of us have that we can contribute to this cause, including the um Roaring Fork Fire has a helmet safety program, so they have access to free helmets to give away. Um the um city of Aspen is and picking county are rolling out a slow and say hello campaign and they would like to do that valleywide as well. Um, so kind of pulling all of our resources to come up with a comprehensive program to address ebike safety um, in Basalt and in the valley. That's great. I I love that. I mean, we always talk about a regional approach and in this instance, you know, this is an emerging, you know, opportunity and threat that, you know, you're taking the the lead on with a bunch of other folks to to kind of help uh, mitigate and it's needed. So, thank you for that. Appreciate it.

So, permission to keep going. All right. I Excellent. And then I have um I was invited to the Aspen Institute's Hurst Leadership Forum in late September. Um and I wanted permission to attend. This is a free program. It's a great program. Is that what evidence is the Friday mornings? Good. Yeah. So it's uh late September to early October. Do they have any more spots for those for other folks who haven't done it yet? I can definitely ask or suggest if you have any suggestions. Some I've done it. I know maybe some others have. You have?

Yeah. It's really I mean and what's cool about it now is that they combine the cohort with elected and staff. Um so it's it's it's a cool uh experience. I would recommend for the opportunity. Well, thank you. That's all I had on my manager report. One question for on the wheat cycle. What we see in the evenings here are people going to dinner with their families and while the families are waiting for dinner, the kids are out on a we cycle using the downtown as a bike park. So sometimes it gets a little nerve-wracking, but I don't want to be a bummer, but it'd be good to monitor that a little bit. Noted.

And educate and educate. stick a spoke stick in their spokes or something. Mayor, but we did have a request for people to speak directly into their mics. It does help the speakers was in and did work on this last week. So, okay. Thank you. All right. Um, next up we have our presentations and our first is uh item 6A, chief of police swearing in ceremony. We got to kind of restage here for that. But and Lieutenant, can I have you step to the podium?

All right. So first first would be

to all that shall see these present greetings. Know ye that reposing special trust and confidence in the fidelity and abilities of Lieutenant Aaron Munch, I do appoint this officer as Chief of Police for the Town of Basalt Police Department. To rank as such from the 10th day of May, 2026, effective with the appointment, you are charged to care carefully and diligently execute the duties and responsibilities of a chief of police. and I do strictly direct and require all personnel of lesser grade to render obedience to appropriate orders. As a chief of police, you must set the example for others to emulate. Your conduct and professionalism, both on and off duty, shall be above repo reproach. You you are responsible for the accomplishment of your assigned mission statement and for the safety, professional development, and well-being of the officers in your agency. You will be the embodiment of our institutional core values of integrity, compassion, and professionalism. You will lead your officers with firmness, fairness, and dignity while observing the following Constitution of the United States. the laws of the state of Colorado and the ordinances and policies and procedures of the town of assault given under my hand at town of assault Colorado this 10th day of March 20 or this is this is weird myself 2026 and in case you forget that it's all memorial We have a couple more.

Lord, so I have the honor of your swearing in ceremony. So you repeat after me. I, Aaron Munch, I, Aaron Munch, do solemnly swear by the everliving God do solemnly swear by the everliving God that I will support the Constitution that I will support the Constitution of the United States and of the state of Colorado. and of the United States and of the State of Colorado. the laws of the state of Colorado the laws of the state of Colorado and of the town of Basalt and of the town of Bault and faithfully perform the duties of the office and faithfully perform the duties of the office chief of police of chief of police upon which I am about to enter. upon which I am about to enter.

Congratulations, CHIEF. One couple more things. This needs to be pinned on now.

Yes. Stand up. And we have one more thing. Travis, are you here? All right. So, on behalf on behalf of the Bass Police Department, I am honored to present to you a token of appreciation for everything you've done for us to this point and to honor you as our new chief of police. We're excited and grateful to have a new leader who takes such pride in supporting their community and the police department. We look forward to what is to come and the town of Basalt is now under your watch starting tomorrow.

Oh wow. I like Thank you very much. You got anything you want to say?

You know what? Maybe. How about that? I just want to say thank you to everyone here for having the confidence in me. Uh, council, Gloria, uh, everyone behind me. Obviously huge great crowd. Um everyone online, family, friends, family and friends that are here. Um and most importantly my family.

Thank you. I'll be back. We're try to have a couple pictures next. I got you. Yeah.

It's a tough act to follow. Not everybody is here for me. These people weren't here for this. That's great. All right. Um, well, next item up is item 6B, which is the Midland design guidelines project update. Uh, we have Michelle James Carlton. Go.

Good evening, council. Uh I'm here uh with Jessica Hubard of GM Sha Architects uh this evening to present item 6B uh a presentation regarding the Midland Avenue District design guidelines, provide an update to you guys about the progress on this project project. Tonight staff recommends that you guys hear presentation um from each of us. I'll kind of go over uh my staff memo and provide an update from staff. Uh and then Jessica will provide an update from the consultant team. Uh and we recommend that you provide feedback on the drafted design guidelines that were provided uh as a link to your packet this evening. Uh for a little bit of background, on July 8th of last year, town council passed resolution 29 series of 2025 to approve a professional services agreement with GMJ architects to perform consulting consulting services and establish architectural design guidelines in the historic commercial district of Midland Avenue. Uh 2025 was a milestone year in the history of Midland Avenue with the completion of the Midland Avenue streetscape project and the development of the Midland Avenue District Design Guidelines. The creation of architectural design guidelines seeks to implement a 2020 basalt master plan goal or several goals regarding the historic character of Basalt as listed under related town statute and/or town actions below. Over the last eight months, the consultant team has conducted research, engaged in extensive community outreach, and produced several drafts with consideration given to feedback from staff, planning and zoning commission, architecture, and design industry professionals and members of the public. The planning and zoning commission reviewed the draft design guidelines and recommended town council approval. GMJ architects have provided a draft of the Midland design guidelines for your review and a final draft of the design

guidelines will return for approval at a future meeting alongside a resolution. Um, I'm happy to answer any questions you guys may have uh regarding the related town statute and town actions. uh in this case the 2020 Basalt master plan goals and objectives related uh to the design guidelines or any other questions you guys may have at this time. Otherwise, I'll hand it over to Jessica.

Thank you, Carlton, and thank you council for having me this evening. As Carlton mentioned, my name is Jessica. I am the principal of GMJ Colorado and my team including myself, we led this initiative alongside town planning staff. Uh so the goal of tonight's presentation is to give an overview of all the work that we've done in the past eight months and be as be here as a resource to answer any questions that you may have about the document or anything that's shared this evening. So, as Carlton mentioned, the design guidelines were the natural next step following the Midland Avenue streetscape project, and it was very important that the guidelines align with the goals of the 2020 Basalt master plan. The specific goals that we are addressing and responding to in the guidelines are goals 1, 1. J, 4, 4. J, and 7. N. We snipped a few of those for you this evening. So, just taking a highle uh step back before we dive into all of the various sections of the design guidelines, uh we wanted to present to you and revisit why design guidelines. So, guidelines are uh a proactive planning tool. They are implemented to protect the character and the charm of a district. In this instance, it's the Midland Avenue Historic or Midland Avenue Design District. Uh particularly the historic buildings that are existing, but also providing guidance and encouragement for new infill and new development. What are design guidelines? As I mentioned, they are a planning tool. They are meant to be flexible and not

prescriptive. They describe architectural styles and characteristics that again reinforce a community or streetscape or district's character and charm. And then moving forward, uh, bringing it home to Midland Avenue, what makes Midland Avenue special? This was actually a question that came from a participant in the first open house and we decided that it was critical that we explain what makes Midland Avenue so special. So we are defining uh the unique charm and historic character is created by vibrant colors and playful roof lines. Two to three story buildings, buildings that are designed to human scale, meaning when you're walking down the street, you feel connected to the building height and don't feel like a small ant. Uh basically that's what it means. And then an inviting walkable street environment. Uh retail at the ground level, restaurants, uh continuous buildings, not having many gaps as you're walking along the street. So these characteristics are of course driven by zoning, but they're truly reinforced by design guidelines. So walking you through the process as Carlton mentioned we were approved for the scope of work in July. So immediately following and getting started we participated in the farmers market. My business partner and I sat up and set up an informal table to introduce the project and introduce ourselves, famili familiarize ourselves with some of the residents that may be attending the open houses. And just for graphic purposes, the boxes in blue, those are the surveys and the boards that were on Let's Talk Basalt. And then

the drafts are below. So, we ended up having three drafts. The first draft was put together after the first survey. So, we put together a list of questions for residents and business owners. What's your favorite building on Midland Avenue? Why? What materials are you drawn to? Things like that. And then we took that feedback and put together a text draft just coming up with some thoughts on what the sections would be and what the sections would address. Then we conducted our first openhouse in November. Those boards from the open house were posted on let's talk basalt and we did receive community feedback from those members that wanted more time or were unable to attend the open house. Then taking that feedback, we provided draft number two right before the end of 2025. After the new year, we had a work session with the planning and zoning commission and we received excellent feedback. And at the same time, the next evening, we also had another open house and presented new information layered on from our first open house and had boards that residents and business owners could respond to. After that, we posted on Let's Talk Vult. Same same process. We had the third version of the guidelines. We had a little bit more. We had more comments from planning and zoning and town staff. So, we have two versions of draft number three. And then we went to planning and zoning. We asked for a recommendation to take this to you all. On February 17th, we posted the final draft on Let's Talk Basalt. And that is what you have in your packets today. So, as you can see, this has been an extensive process. We

have received extensive engagement from the community, but we've also worked with town staff and received their feedback and incorporated into multiple drafts. So diving into the design guidelines and uh some of the uh I guess the areas that we addressed in this process, we decided to create a district. So this would be the Midland Avenue district. It doesn't just encompass the buildings that are facing Midland Avenue, but it actually encompasses most properties within the C2 Downtown business district. And then you will notice in this map and if you look at the guidelines that some of the properties are excluded because they're PUDS or there we just found that they were not applicable to the district. So diving into what the guidelines will address, we have seven sections and how we're going to present the sections to you this evening. We took snips from each section just to give you an example of some of the content in each chapter. So starting with section one, this is how to use the guidelines and it also contains our reports from all of the community outreach. We have some of our survey questions in there and survey results. uh with every section and thinking about the guidelines, we wanted to make it easy for someone to uh understand basalt and if they are developing in Midland Avenue District specifically, we are assuming that they do not know anything about basalt. And so in section two, we went ahead and identified the key historical the timeline of Basalt and

the history and character, why Midland Avenue is the way that it is today. And then we also identified the periods of significance. If you're not familiar with that term, it is a preservation uh signifier. It's basically if the um the building had any significance during a certain time period, there's certain styles associated with it that you can look up on history Colorado. And then we also go through in the document

some of these characteristics. So the false front commercial for example is a very well-known period of sign significance for mountain towns and mining towns. Then we also outlined what we're calling contributing buildings. These are all local landmarks in the basalt historic inventory. Now this is layered into the guidelines and we see this as another form of protection for some of these cherished historic buildings within the Midland Avenue District. Moving on to section three, we then get into treatment of existing buildings. So we define historic, contributing, non-contributing, notable buildings. We recommend and discourage various treatments. We also go into detail about recommended treatments of foundations, windows, doors, roofs, and materials. And moving to the next slide, we can demonstrate some of these diagrams and uh outlining how you can treat your historic property. Then section four, this is where we start to get into new development. So we have divided new development and new construction into two chapters. Section 4 is addressing site development. We have an extensive section on landscaping which was reviewed by the town arborist. We go into exterior lighting. We go into site design. And keep in mind that all of these uh recommendations and guidelines, they are within the specific parcel. This this doesn't necessarily cross over into the Midland Avenue streetscape. This is all within a private parcel.

And then we snipped some examples from the section. So we have diagrams for compatible infill. On the right is an example of acceptable and discouraged awning treatments. Section five. Moving on. This is when we really get into the architecture. We are outlining window proportions, building massing, building entries, materiality, uh really making recommendations on what would be acceptable and what would be discouraged within the district. And then looking at some of these diagrams, uh one of the the big takeaways from this section is actually the transparency calculations. The municipal code did not have any provisions for minimum or maximum glazing at a store at a storefront at a ground level. And so that was one of our big initiatives in this section. But you can also see we are identifying playful roof lines again supporting and enforcing some of those characteristics that make Midland Avenue special. And then moving into section six, this is a pretty short section, but we felt it was important to build on the town's sustainable building regulations. So in the main diagram of that section, if we flip to the next slide, you can see we're taking some of those initiatives in the sustainable building regulations and then just offering suggestions on how to incorporate them within a design. So, setting back the solar panels, uh encouraging bike storage and bike parking on the street, and then we're also offering certifications that owners can apply for to make their building

more sustainable like lead or the living building challenge. And then finally in section seven, so how are we going to implement all this and and enforce it? So we did another flowchart and this is basically a certificate of appropriateness applicability flowchart. And we felt that the best way to enforce or really have a checklist for some of these design guidelines was a certificate of appropriateness. and the COA would be required to be approved before submitting for building and/or site plan and permitting. And then if you go to the next slide and in your packets, you'll see that we did come up with a checklist. We worked with town staff on this and you uh working through the checklist you identify if your building is existing contributing if it's new development and then we have flexible or non-flexible options. We see that any option that has an X with flexible would go to the planning and zoning commission for further review and then non-flexible options would be reviewed at a staff level. And then all of the row all the line items they correspond directly with the design guidelines. So we've tried to make it as clear as possible to an applicant uh what they would be reviewed under. And then uh finally I just wanted to reiterate on the next slide that this was an extensive process with both the community and with town planning. uh the planning and zoning commission weighed in and we also posted everything on let's talk basalt and had two community openhouse sessions. So we have uh done our best to incorporate feedback from

residents and business owners and we've also maintained uh I would like to think we maintain flexibility in the guidelines where uh we tried to be less prescriptive where we could. So with that, uh, finally I Oh, I also just wanted to go over a few in the next slide. Um, just a few clarifications. So, one, the Midland Avenue design guidelines are an overlay. They're not uh they do not replace zoning for the C2 Downtown business district. We're also not creating a design review board. This is something that is going to be reviewed and approved by town planning staff. And then for any any projects that do not fit within the design guidelines, an applicant may always submit a waiver. Um, for example, in the design guidelines, we talk about monumental buildings. These are typically civic and or institutional in nature. A perfect example is the library. And so a building like that may not fit into the design guidelines. And so the applicant is always uh always given the option to submit a waiver if they feel that they would like to submit a design that is outside of the boundary and the recommendations. So uh with that I'm here for any questions. I know that we flew through I was trying to keep it brief. It is a 100page document. Uh but the team is requesting a resolution for adoption at a future meeting and thank you for your time.

Thank you. Appreciate all the info and all the work that you and staff put into it. Um what does that waiver process look like and we have that defined or an idea of what that might look like yet from a process perspective? Do you want to take one? Um, so just to be really clear about when these come into play and because it'll relate to the waiver request. So these are really for um not for use. So if somebody decides that they want to rebuild

um a building on 123 Midland, wherever that is, they'd still have to come in and get a land use approval for that. Um this is really for so once they get that land use approval which you would all see um then staff would go through these design guidelines to say oh look they do have windows that are matching the design guidelines here. They do have a a door that's matching the design guidelines here. Um and that's where these would come into play. Um what these are not doing is saying you can't build that or staff is going to decide whether that building is acceptable or not there. It's saying, "Hey, we have some architectural themes that exist on Midland in our historic districts." A waiver here, it would just depend on what it is. So, let's say we've talked a lot about glazing. Um, so that you have this window and architectural style that is similar to what's already happening there and reflects that. If someone came in and said, "You know what? I I have to have a window that's 4 in bigger than the recommended guidelines. Can I have that?" because there's a structural element of my building that makes it impossible for me to have windows of this size, then there'll be a form. Um, and that's also something we're kind of working through um, in here as well. So, that would be a request. Now, if someone came in and said, you know what, I'm not really interested in doing a building that looks like this. I'm going to scrape one, two, three Midland Avenue and I want to do something that's just not historic because I think my design's more interesting than that, then that's going to get kicked up to you. So, the the waiver and what happens at an administrative level is really limited to things like, well, we can't do a door that size because our building is got some structural restrictions. if it's something significant um that we don't want to be our staff

doesn't want to be in charge of that. So, um it's going to get kicked up to you. Um if that sort of answers it. It does. And you kind of answered the other question I had, which is like how does it the design guidance fit over the zoning. So, it sounds like if I play it back then it kind of clarifies some of the design considerations of augmenting the land use code. Um exactly. I I like the way James has been describing it um really well in that um similar to our housing guidelines, the housing guidelines are guidelines. They're not zoning code. They go on top of what happens and what's allowed on the zoning code. Okay,

if that helps because I know these words sometimes start to get a little bit fuzzy. And I would just reiterate that uh the the full details of the appeals process are included in the guidelines as well um in section 7.1 um if you guys are interested in in reviewing what that looks like as well. Thank you. What other questions or comments fellow counselors have? Did you have much um direct interaction with owners of businesses on Midland? You feel like you got a a good amount of like face tof face and conversation and input from them?

We did. In our first open house, we had many business owners come and I've actually met individually with a few of them as well and gotten their feedback and flipped through the guidelines with them and so we've incorporated that feedback as well.

Okay. So the they were generally really well um uh received. You are going to be challenged if somebody asks to relocate their building on your property. Um and that's the question that came up earlier um in public comment tonight. Um and that's something that you're probably going to need to think through on whether you want that to be part of these design guidelines or not. Um so um this is something that does happen in Aspen where historic buildings are picked up and moved and replaced and re redeveloped with additional F on them. Um, I would say that generally what happens in Aspen when those buildings are are relocated is that there's not a uh significance to the sighting on those properties. Whereas you may or may not decide that there's a significance to the sighting of the properties on Midland here based on where the railroad was and what that significance is to town. But at the end of the day, an applicant comes to the town and subsequently to council, you know, there'll be all the check marks, right? Does it meet does this application meet the land use code? Does the application meet the zoning requirements? Does the application of course meet any building code requirements? And then these guidelines are for staff and council to use to achieve our expressed goal of or to help us rather achieve our expressed goal of you know wanting to maintain the charm and the historical you know accuracy and everything of the town. But it would also be up to council to make any kind of exceptions and variances and um just like any other application that precedes these guidelines. Right.

Correct. Yeah. Yeah.

And and we also engaged with the design community uh extensively as well and um had a work session with a team team of architects and and designers who participated. And the hope here is that we're providing a toolkit for folks who are going to opt into these design guidelines and they, you know, we have a designer or a property owner who comes and sees the value of Midland and goes, you know, I haven't done all the leg work or the historical work. Where can I go for for the tools to make a building that looks like it fits here and and matches the the charm and the the historic value of Midland? And and that's what we're providing here. Well, and a toolkit for this council and future councils, correct? To be able to easily reference and say, okay, somebody has done this work, has studied this, these are the similar architectural, you know,

elements that are that are present. Um, do we want to stay with that? Right. Right. Driving discussion points on those applications basically. Yeah. Okay. Okay. That's a good that was a good question. And how important do you feel like it it might be in a situation like that to have other business owners in this new district

approve of a new building that might not fit exactly within the guidelines? Do you feel like their buy in is is important and might might be worth finding out before it would come to council? I just think of like in a neighborhood scenario, if this is a new designated district, isn't that something you do when you change a PUD or something? You have to get buy in from your neighbors.

Yeah. And this would not replace the development review process. So any any new development application that would require land use approvals would still follow the same processes that we use for land use approvals currently. Um so if there is something that you know goes to the level of of requiring um public noticing um that public notice would allow the ability for public comment for adjacent property owners or for anybody who's concerned or interested in the community um at a you know planning commission meeting or a town council meeting. So that would come before it would ever get here.

Yeah. And there's no there's no additional level of a requirement through the design guidelines other than what's currently required in the development review process. Okay, that's good to know. So what are our next steps? Um so tonight go ahead. Go ahead.

Couple things. um the branding the the discussion around branding downtown Midland Avenue and the core of assault is keeps coming back. Um and I think that's something that popped up in the candidates forum the other night is what is our what attracts people to our community? What is the brand? And you know there there's a new rug on the floor that the logo changed a couple of years ago to reflect the confluence of the two rivers. Your comment about the library. I'd like to hear more about you know that that wouldn't fit into the Midland Avenue was sort of designed. Is that that what I heard?

The way that we have the guidelines written now that would be a monumental building where we we discuss how that use

isn't fitting within the district. specific reason it was designed the way it was and that was to have a north facing window that you could look at basalt mountain and that that's why that is designed the way it is and it also fronts a wetland park there which honors our repairarian habitat and so on that we have and the same with the post office we did get architectural control over the post office but we didn't get lighting and my concern with the interrupting the messy vitality that Rapaort came up with a long time ago up in HBC work in Aspen was a statement that said you can preserve it but how do we maintain this brand of interesting architecture uh smaller buildings, streetscapes and you know another word that caught my attention in here was additional policies, additional criteria, a certificate of appropriateness. To me that sounds like you know 1984 well Orwell kind of uh oversight. And I think what's great about Midland is it has evolved organically over the last 125 years which is our birthday coming up by the way. Um, and even as just a short time ago in 2000, the Washington Post identified it as a quintessential mountain town. And the phone started ringing off the hook here in town hall for people that wanted to come here and locate their businesses and move here. And, you know, it created really a strong momentum to do a lot of planning around our riverfront and things like that. And I just sometimes taking things away is also enhancing enhancing what the environment looks like. You know, some of the things, you know, it was necessary to do all the improvements we

did on Midland Avenue, especially under the surface, but now we have some feedback on other things that have popped up that are are, you know, bothering people, you know, whether it's parallel parking or up on Homestead, you know, the issue of overflow up there. So, there's a couple things in here that may not be solved by a code change or a design review, but solved by looking at other things. Branding in the again in the candidates forum, one of the um candidates mentioned the idea of regional tourism versus being a global draw. You know, that I think of Moab. I think of, you know, driving there. It's two and a half hour ride, but it was it was available and affordable to people that just wanted to get out for a weekend somewhere. You know, I think we kind of get back to that idea, too, that we don't necessarily want to bring in the whole western United States. We want to be able to have something here that attracts people that are close by Junction, Denver, you know, Wyoming or New Mexico, but not have a big footprint that's going to bring a lot of intensity and uh activity because we we have to maintain some balance. And I I just want to be careful that we're not layering on things that are so detail oriented that it makes it difficult for somebody to come here and have a local business and be able to support that local business with affordable cost. I mean that's what you hear that's 14 miles away that you know you can't go there for dinner. I don't want basalt to become the place that you can't go to.

Sure. by by aftermarket add-ons and all the other things that we might be talking about. So, from the perspective of periods of significance, I think this one is more significant than the Midland Avenue improvements because what you're detailing out here is what is the future of downtown BALT look like? You know, besides street improvements and infrastructure, what's the architecture going to look like? And that to me is a huge lift for the community to take on. And I kind of agree with the comment earlier that this might need a little more discussion and definition around some of the concepts that are in here. I'm I'm throwing out like okay this is a good start but let's flesh it out a little bit more. Okay.

And see what are the potential redevelopment scenarios of some of the buildings. The one that was mentioned that wants to move their storefrontage closer to the street. You know, what is that scenario? What is the impact? And we've got a good example of impact right now across the street. So, you know, when we ask someone to come in here and redevelop, are we look are we asking are we giving them a three-year time frame or what happens up up the alley here ways is the buildings get boarded up and nobody does anything.

Rick, those are really great comments and I just want to be really clear that this is these are design guidelines and not historic preservation regulations. Right. So, there's a lot of flexibility in there to getting somewhere else. And and these are really based this has come forward based on the um goals of the master plan. The branding is really interesting and I think that that's something that can be followed up with probably the chamber as well. Um we certainly can't address it in these design guidelines for the buildings, but I hear what you're saying. Absolutely.

It will be the driver though of the type of businesses that we attract. So I I look at it in reverse, you know, that who wants who wants to come here? What what businesses are we looking for? Are we totally codependent on uh a ski resort or are we more dependent on our rivers and our open space and our rural character outside our boundaries, you know, that are the things that make us what we are?

Certainly. So, you know, I've I've been thinking through this a lot and uh I get I get the difference between design guidelines and what does the community grow to into but that that is the more important aspect of any good architect. You come up with a building that fits the plan but does it fit the picture bigger picture? So, is this just kind of like a wish list of what we hope you'll build? Like, like if you look at the map, you know, obviously we we have those core, we're going to say 10 buildings that we really want to keep. Mhm.

But if you look at, you know, I'll just say like a Salt Mountain. If they came in with a redevelopment thing, we would say, "Hey, like look at this is what we kind of want, but what if they want to build like a super modern hotel that reflects what's next door, which is CCY Architect? We're just gonna they're going to go through a waiver procedure." And I just feel like this is a great wish list. This is obviously what we think we want as the town, but there's really no like teeth or anything in it because anyone can do a waiver and anyone can do I just feel like we're creating like just another hoop for someone to jump through when I think we're trying to protect some buildings and then maybe not others. You know, someone comes in and wants to buy out whatever the building is, we just condominiumize. that's a weird 1970s building and they want to do something completely different. We're saying, "Hey, here's our guidelines, but you could also do a waiver."

So, well, the waiver it would have still come to us and it would still be like to Angel's point, something that we would have to kind of adjudicate based on the guidelines. The guidelines are there to help, you know, steer people. And I and I agree with the we should double click into some of these areas to look at, you know, what are we actually saying to, you know, let's make sure that we're all on the level that it's aligning to the master plan outcomes. Um, but yeah, I mean, that would come to I mean, somebody's like, "No, I don't want to I mean, like, for example, if there was an application that kind of um didn't even comport to the to the underlying zoning, I mean, that would still come." And then you guys would probably recommend don't deny,

you know, you as an as an extreme

example, but I mean it would be something along those or they would just be discussion points if it were some, you know, design guideline items that were um you know, not conforming to uh their design wasn't conforming to the guidelines. I mean, it would be discussion points, but it wouldn't you know, it we're already kind of in that boat, I guess, is the point I'm trying to make where something could show. Here's how I see it being useful is that let's say a building changes hands and they want to redevelop it and the the application comes before us and someone starts to bring up well does this really fit in well that's a really vague you know does this does this fit in with Midland is this really the feel we want for mill because those would be things that would be said and be brought up whether it would be from public comment or by counselors or staff you know is this really fitted. I see this as as a helpful again just like tool in the toolbox to say well what does that mean it let's make it more objective and less subjective about what it means for this development to fit in and then at least we have that information in front of us because the work has been done. This is what exists. this is what you know is there and then then council can have that discussion and decide how much you want to apply it but I don't know to me I think it makes it just get makes it a little less gray area a little more black and white um and a little more objective less subjective

yeah for the design team to kind of have something to aim at you know and for a council to be able to say like judge it against oh you know I didn't like it but now I and I I have some information to actually say why I don't like it or you know throw it out the window whatever.

To me it's more there's more to redevelopment. Problem with redevelopment is expansion and that's what we're seeing everywhere is people want to redevelop a property to the highest and best use make the most money. And so you see these things that are expanding and you know concurrency and things like this on Midland Avenue, we you know except for certain times of the year, we're pretty well at capacity. And if we see an expansion of businesses and square footage and footprints, then it's not going to work. We just don't have the carrying capacity out to Rudy to have, you know, that many more vehicles driving through downtown. and then we're seeing that impact up on Homestead. So, there's going to have to be some sort of equilibrium there. I don't know what that is, but that's the other thing that fits into this. You There were funny discussions about getting rid of the gas station because it didn't fit. And then we realized that everybody stopped there and filled up their boat to go to Rudy and it was a heck of a place to, you know, fuel up and buy a cold six-pack or something. and worms.

Those and worms. I forget the worms.

There's a there's a commerce that happens here up and down the frying pan that that has to be, you know, looked at. I see this being a good tool, but I also don't want it to just be a a piece over here and a piece over here. Somehow something's got to cross-pollinate it. Maybe that's council and the community. I think in general that uh guidelines are more helpful than harmful and I think ambiguity wastes time. I think it wastes the time of the person that is potentially redeveloping a a business, you know, a building, starting a business. I think rules, guidelines are a helpful jumping off point in general and save time for everyone. And if there's a mechanism to circumvent a guideline or a rule for a reason and we have that in place, it's it's good with me.

Thank you all for the questions and comments. Any deer, do you have anything you might have? No, I mean I agree. I mean, I can see where it doesn't have any teeth, but we had that discussion when we approved a a different looking house over on the the southside there where it looked different and it was not in the guidelines, but it it didn't seem like it shouldn't be in the guidelines. So, we made a decision, but I think without that there, you have nothing to bounce the ball off of. You know, it's it's without it, you know, somebody can come in and do whatever they want to and just be like, well, I don't know, there's nothing here. And I feel like it might not have teeth, but it's it poses a necessity.

No, thanks. That's a good point. Um, for next steps, um, what do you guys have planned and and should we I I think we should have an opportunity to kind of look at some of the bigger sections or rocks and just kind of talk about what they mean um, you know, as part of the process. I don't know if that's a work session maybe but um what were you guys thinking though?

Yeah, the hope was to come back with a resolution um and we have provided the a final draft of the design guidelines as a part of the packet. Um and if there were uh large sticking points that you guys had that you wanted to come back with, we'd be more than happy to discuss that as well. I think we're going to need a little help kind of looking at it from a planner design lens as far as like what here's what you you know here's how to look at it here's some sections here's you know and kind of guide us through it at least me um you know flipping through it it's just it's it's a lot to consume but I think looking at um you know kind of the overarching sections you know what they you know help us out a little bit especially some of the stuff that's more Um maybe subjective in there. I mean it's all subjective technically, but you know I don't think awning, you know, is was the awning connected to the middle? I saw that, you know. Okay. You know, but like some there's probably some other stuff in there that's more um might merit some discussion. Help us understand.

Yeah, we can certainly schedule a work session so we can go through in a little more detail the bits and pieces. Is there a list of definitions in the document? There is. Yeah, there's a glossery at the end with diagrams. Yeah, with diagrams. It's technically section 8. It's at the end.

One more quick one is mitigating the risk that may come to the town from having uh variance and opportunity, you know, things to moving targets and so on. I think we've had um any number of threatened lawsuits and actual lawsuits on different parcels in the area that have come through processes for a few years and stalled out and then they were resolved through litigation instead of through negotiation. So, just I want to make sure there's a strong risk management element and whatever we're going to do in downtown that it's defensible and that we don't have to deal with a year and a half of back and forth with hearings and all the other stuff.

I didn't uh explicitly say that this in this presentation, but the guidelines are applicable are only applicable to new development. And so all of the existing conditions that you see on Midland today are grandfathered in. Essentially, it's not like these guidelines would take place and go into effect and then everybody is non-compliant on Midland. No, I know that. I'm just Okay. Yeah, just to clarify. I know I didn't say it. Too much trouble with people that are already in a building. It's the ones that want to be in a new building or a new project. So

this this may be a good opportunity to do a work session with P&Z actually like you know we've talked about when to collaborate like do a one work sessions with them just to kind of get that cross-pollination between with their questions and comments if they if they still have them.

Yeah, they they've recommended approval of the document. They've been through two meetings with this. So I mean we certainly can invite them. Um, and I I think we could summarize quickly for you that there um generally weren't any major sticking points from that group. They were really excited about these. So, um, it's also maybe a group of people who use the code a little bit more. Um, so we're able to digest it, but we can certainly invite them in. I I think that'd be good. What do you guys think?

Sure, let's do it. was down for some collaboration. Uh, at the risk of seeming a bit dull, um, in the I haven't seen the full document. Where is it? So, the full document was too large to fit in the packet. So, it was linked in this linked in the staff memo. Yeah. Okay. Apologies. So, yeah, you'll see in the attachment section attachments link. Okay. I haven't like seen that done before, maybe. So, I was like, what am I missing here? It is a over a 100page document with lots of graphics. So, it was too large to fit in the packet. In the packet. Okay,

great. Any other questions or comments for tonight? All right, Jessica, thanks for making the trip up. Thank you for all the work and the info and uh look forward to the next one. Sounds good. Thanks so much. Next up, we have item 6 C, which is our uh which is code amendments update, and that's James and Michelle.

Yeah, thank you. Um, this is an update from design workshop on the code amendment rewrite process that the town uh is in the middle of. Um, as a little bit of background, uh, last year, midy year, uh, the town determined that it was appropriate to do a kind of full, uh, zoning and development code, uh, rewrite and overhaul. Uh the town hadn't done a a full overhaul in quite some time and instead has been doing a series of peace meal amendments over the years uh to kind of fill holes and and uh you know uh mitigate certain issues over time. And so we put out an RFP uh for consultants and design workshop was selected and so they have uh been working with a code working group. Uh they've also had some meetings with the PNZ to review uh a 50% draft uh of the language. And we have Riley Timmons here from Design Workshop on the Zoom uh to kind of give an update as to where we're at at this point. Um and Riley, would you like to share your screen uh with the presentation?

Yeah, I'd be happy to. Thanks, James. Okay. Thanks.

Okay. Well, first of all, I just want to say thank you uh to Michelle and James and to council. Um I'm Riley Timonss. I'm an associate and a planner with design workshop. And I'm looking forward to to being here tonight to give you a bit of a status check on the code amendment project and gather your thoughts and considerations as we continue working through the 50% draft materials provided in the packet. Just a quick overview uh to get us started. The purpose of this project is really to update, as James said, the code fully to make sure that it reflects the direction from the master plan and other guiding documents within the town and integrates current best practices and also updates development reviews and annexation processes. As indicated in the timeline graphic, we are about halfway through the project and to date we have completed a previous plans analysis, a code assessment, developed a new code outline and structure and are currently working through the 50% draft. We did want to provide a little bit of context for our code review methodology. We have several guiding principles um that our approach is focused on specifically creating a code that doesn't require interpretation. It builds on engagement in the planning process from the master plan and reinforces principles of sustainability and coordinates with other town efforts and provides a clear process that explains the why and doesn't over complicate reviews.

There are several high priority topics that have been identified uh for this project including code organization and usability, integration of ongoing code amendments, retention of community character and design, updates to annexation criteria, PUB and subdivision standards, and ensuring zoning map and district alignment. The proposed framework uh for the code really focuses on three pillars. So the way that we have approached our code analysis and how we've been documenting the 50% red lines is um based on this structure where we're looking at identifying changes that are simple and structural, administrative andor related to enforcement or identifying new policy concepts which would relate back to the master plan andor other guiding documents. The code structure itself um has some changes primarily highle changes to the table of contents um consist of repurposing the previously reserved chapter 14 for annexations and separating the zoning current zoning chapter into two separate chapters zoning and development. The zoning chapter now includes zone district definitions and regulations while all remaining articles that were previously contained uh in the chapter have been relocated to chapter 16 development. Chapter 17 has remained the same. We lost your audio. I don't know.

Can you hear me? Is that on your end, Riley? Or is Did we lose it from grassroots? Uh Riley, uh please speak. Can you hear me? still talking. Riley, we think it's on your end likely. You lost. Here we go. We got you.

Can you hear me again? Okay. So, sorry. I'm not sure what's going on. It's showing that my audio is working on my end. So, I'm not sure if it's a connection issue or not. Um, where did it cut out? And I'll pick back up there. Not sure. Just I was just slide again. Okay,

great. Um so there are kind of high level changes to the table of contents. Um as I was saying the revisions uh primarily are repurposing chapter 14 for annexation and separating the zoning chapter into two separate chapters um zoning and development. and chapter 17 has remained the same. Chapter 14 revisions to the annexations chapter are primarily structural and procedural. So limited changes um focused on underlying policy. Updates to chapter 15 focus on reorganization and clarity. So definitions from chapters 15, 16 and 17 have been consolidated and categorized to reduce duplication and ambiguity. Um supporting graphics will be added where appropriate. Articles have also been organized by use, residential, commercial, industrial, other and supplementary. Chapter 16 is established as a standalone development chapter. So it consolidates development standards, discretionary review procedures, administrative processes um that were previously distributed across multiple chapters. Revisions to chapter 17 organization are largely administrative. I'm going to provide an overview in a little bit more detail by chapter which

corresponds to the table within the memo. Starting with chapter 14. Chapter 14 has been reorganized to include Colorado annexation and disconnection statutes, including clear references to statutory requirements and the addition of applicability language to clarify when annexation procedures apply. annexation process will be further clarified through the introduction of defined timelines and graphics uh in the the next iteration of the draft. And additionally, a new set of annexation review criteria has been added to formalize evaluation standards and provide clear guidance for decision-m. Chapter 15 structure has been revised to more clearly distinguish between residential, commercial, industrial, and other zone districts. Um, a key policy change here is the introduction of conditional uses across um, all of these categories, allowing for greater land use flexibility, while also allowing for discretionary review. Several of the specialized use regulations, including medical marijuana and natural medicine uses, have been relocated to other chapters um, to help with organization. Um we also see the introduction of land uses which are kind of formally categorized into a new section and um additionally the developing resources district has transitioned to a legacy district

for chapter 16 which includes environmental and hazard related ated regulations. Um you see hillside, flood plane, and environmentally sensitive area standards have been consolidated um into unified articles for clarity. There's also been consolidation of um expedited review opportunities which are introduced to allow staff level approval of insubstantial PUD amendments, affordable housing development and the administration approval of certain parking reductions. Um we also see some new policy additions in chapter 16 including dedicated ADU article um formal conditional use and special review procedures article standard development sections um to standardize review pathways and provisions that respond to Prop 2023 requirements. Changes to chapter 17 include relocation of definitions to the zoning chapter to establish that single source for defined terms and relocation of the technical review committee provisions. The chapter structure is um mainly simplified by combining general and administrative provisions. Subdivision related fees are relocated and parkland and school district dedication requirements are removed. And I think I'll pause here for questions and comments.

Questions or comments at this point? sounds like you can proceed, Riley.

Okay. Great. Um, so we are working through the 50% draft. Uh we're have had several meetings with the working group uh with PNZ and are going to begin incorporating community engagement and public input into this 50% draft um set of materials as we work towards a 90% draft which will include uh graphics, tables and process illustration. So that draft will be um I think much more kind of comprehensive of all of the conversations that we've had to date.

And that's it. Thank you. Thank you. Questions or comments now? Thank you for waiting through it because Yeah. Yeah. And staff intended this to just kind of be an update as to where we're at. Um certainly you'll get more detail as we get further along in in the code process. Great. Well, thank you very much. We can uh move on to our next item. Special skill set.

Uh next up we have council actions. The first is item 7A. Uh continue first reading ordinance number five series of 2026. Ordinance of the town council of the town of Basalt, Colorado, amending the town code with the addition of section 88 regarding utilized automated vehicle identification systems and amending the penalty schedule in appendix C of the town code. And Aaron Chief, welcome back up. Thank you. Appreciate it. Jeff, floor is yours. Do you want to begin or

Sure. Yeah. Um again, I'm I'm here in the first reading. uh I hope uh answered some of those questions with that memo that I that we were able to send out. Um with us also too is Brandon Brandon Knox is on the on the call if there's any uh official questions to Derek that we can answer. Um yeah uh again first reading for for the AIS cameras. I'll just add that um the the statute created the ability to have these automated um vehicle identification systems, these speed cameras, and you can there are areas that are designated in the statute where you can locate them, but then you have the ability to identify these speed corridors through the ordinance through an ordinance. And that's what this does by identifying these four locations for um the speed cameras. So this would create the authority to actually do this to actually to to place speed cameras there and to enforce uh speeding through those cameras. It would impose fines of $40 um for the any violation um unless it was and we wouldn't have this here, but there is the ability for higher fine in a school zone. Um there are not any points assessed for speeding violations through a speed camera. So, normally if you're um speeding for going 10 to 19 miles per hour of the speed limit, it's a four-point violation. In baltt, there's if you pay it within a certain period of time, the points are reduced where and that's the case most everywhere, but in Balt, it's actually

reduced to zero. But in this case, it's there's no potential for for points against your license. It's just it's just the fine. And that is kind of the the legislative regime on this. And your next agenda item would be to approve a contract with uh DACE for the speed camera system to actually implement it based on the authority created in this ordinance. And I'll talk I'll just say this now, but I'll talk about it again when we get to that item. But the a resolution is one reading, an ordinance is two readings. So, that resolution is contingent upon this ordinance um this ordinance passing, but um happy to answer any questions um if you have any.

Please, Jeff. I I saw the uh um kind of the estimated violation calculation page and basically it sounds like the invoice is simply the um just memorializing all of the per citation mailed per citation case file closed fees in conjunction with the you know fines that we receive the submit of that right y that's what the invoice will show it'll show like a account of here's all the tickets, here's all the fees, here's your net. Correct.

Right. Yep. They were saying because I know that was one of the things that came up last time is like what's this actually look like? And so that is an estimate like hey you know but we'll see once people start changing behavior where that sells out and then yeah clearly these are just estimates but what you know this is something um Brandon was able to provide for us and it's just data they've used with other systems that have been implemented. So um just again it's clear just straight estimate guess. Yeah. on their part.

I had a question. Um, just to clarify, is it $12? The fee is $12 per ticket written or per ticket paid that Docker Tech is is recouping? So, like, let's say a 100 tickets are written, but only 50 are paid. Are they charging us $12 for 100 tickets or the 50? It's it's only it's only the money received. Okay. Yes. upside down. Um, so Jeff, thank you for addressing the points thing because I had that question. My uh husband recently was driving my car through Glenwood. Oh boy.

Guess you got a ticket in the mail because my car registered to me and and and it literally was like Derek and I was like, I know them. Uh, and I started to think through all these things. I was like, well, wait a second. is this going to be points against my license because he was driving my car and

so thank you for clarifying that. Um so it it's my understand it's like a stated goal of the cameras at least in the last presentation was to hopefully help reduce the burden of some of our police to be able to focus elsewhere and not just monitoring this corridor, this section of 82. But then in this presentation, there's a mention of the possibility of needing to actually add additional staff to handle the step two processing of tickets, which then leads me back to the uses of the revenue from the revenue generated from these tickets have to be used for

so it was a misstatement last time. Um, so we've looked into that and the revenue for that has to just be used within that quarter for the state, but local municipalities, the way we understand it, and I'll I'll kick us over this because he's been kind of diving deep into this. Yes. And just to like kind of round out my question is, can the revenue be used to pay the salaries of additional officers if this is Yeah.

because it sound a little contradictory. It's going to require more officers for the step two processing, but we're supposed to actually be freeing up officer time. Can the revenue pay to hire more officers? Yeah, there's a restriction in the statute about revenue for this from speed cameras operated by the state to that they the limited to and I I don't have the exact language but basically transit related improvements something like that and that restriction in the statute does not expressly apply to local governments it and so uh on my read of the statute there's not the limit there's not a limit ation on town's use or revenue from tickets from these speed cameras. So ostensibly it could be used for additional staffing uh expenses or whatever it might be.

We didn't define it in the ordinance. Yeah. So that would be obviously at the discretion of the chief. Yes.

Um okay. And it seems like a lot of the concerns that that we've heard are obviously about the data sharing um with other state and federal agencies. I think that um it's pretty obvious which uh federal agency people are concerned that the data might be shared with and it it wasn't you know it was can we explicitly state that this data will not be shared with department you know homeland security or ICE yeah we we can uh and it's clearly defined in the statute as well is it's not a data sharing it's strictly only for that enforcement of the the traffic violation.

I just want to get that like out on the record so that it's clear for anybody. You wouldn't even be allowed to share that without a court order anyway as far as like ticket data in general. Is that correct? Even a even a court order, it talks about um even some of those open records acts are not the open records acts are not allowed to to gather that information. So, it's still restricted in that regard. We can't we're not allowed to release that per statute. Okay. And I think your memo too mentioned um at this point you don't think we're going to need to get another person anyway to what was the question? I'm sorry.

Sorry. I jumped to the back to the And I can't find the page now. Um but earlier you would in the memo it said that um at this point you don't believe we'll need to get additional headcount to do the review? I I don't believe so. And even looking at the estimates that Dhakra has presented um the time that they have described of how long it takes to process these on that step two that they describe um I I I do not see further staff needing at this time if we're going off these estimates. Um so right now no.

Okay. I do I do want to point out though that we will fix this on the second reading, but on page n uh 193 of the packet. Um it does break out the the um sir charges and it would just be the fine $40. Right now it says 40 on bail, 40 on training and so it would just be the $40. So that's an administrative edit that we'd make on the second reading. Okay. So it be 40. Yes. Mention that. That's the ticket that I have.

Uh I appreciate us going after Highway 82, but I wonder why we aren't using these in the problem neighborhoods that we had forever brought to us such as Homestead andor uh whatever the road is coming out of foods that everyone complains about. Yeah, East Valley Road. I mean, once we do this, why not just do it a lot of places? Like, I don't, right? Why limiting it to 82 and we could use if we're going to sign this just roll it out into all the and I think we

we at least wanted to start we at least wanted to start uh with um this area that we have most concerned with and um right now I know um Justin with public works is helping us with our own speed studies. We're doing those as we speak. So um gathering that data on our own and then if we move if we see those issues um presented on the information that we gather then we'll obviously use DRA and speak with them about expanding that and doing an official um kind of using using their own data to possibly place those. But um we're we're we're gathering that information right now with with the our little Speedy Spy um that gathers that. feel like that would be super interesting because I I mean I I I would think that we're doing this in those areas because there's some sort of profit share here and the more tickets you get the better it is for your salesperson, right? So, I know we have those places in town where we wish that it would make sense to put it by Whole Foods, but you're not getting the volume there that you would get and then it would be on then it would probably be not beneficial financially to to put one there. I mean, like if we're being honest, right?

It's about the vendor. It's about the money. It's about the revenue. But I think we're also using safety. Safety of course, too. And I'm not I'm not saying it's not, but So, why not Yeah. Put it where you're getting. They're making caring about our scared providing the of course they're going to fight it, but they're going to make so much money on 82 that we should make sure that we're rolling these out other people safe. That's all I'm saying. I think it' be good to get that data though that you guys are collecting and also give

you all a chance kind of to let's make sure we got a process down to process these citations they come through because you got to put human eyes on it and you know get that sorted and then I mean by all means though expand it um where it would help. Sure. Right. That would that would be my thought on that. Um, cool. Are you looking for any Oh, this is a sorry actions and this is not a public hearing. Um, so I entertain a motion if uh Mayor move the town council approve ordinance number five series of 2026 on first reading. It's a public hearing and second reading for March 24th, 2026. Second.

Uh, it's been moved and seconded. All those in favor, please signify by saying I. I. All right. Thank you. You good for the next one? That's right. You can just stick around. 7B is uh resolution number 11 series of 2026 resolution of the town council of the town of Assad, Colorado approving agreement with Dac Tech LLC. Aaron and Jeff.

So, as mentioned on the last last item, this would be the contract with Dac to then implement the speed cameras based on the authority created under the ordinance. It is contingent on the ordinance passing. There are requirements under the statute for signage related to the speed corridors and so forth. And so uh there' be work on that as part of the implementation process. Um I know we have um folks from Dertech here if there's questions specific questions for them, but I think that's about all I have on that one. So moved. Yeah. I'd entertain a motion to

Mayor I move the town council adopt resolution number 11 series of 2026. Second. It's been moved and seconded. All those in favor, please signify by saying I. I. Great. Thanks. Thanks. Doing it. Next up, we have item 7 C, resolution number 12, series of 2026 resolution of the town council of town of Salt, Colorado, approving a memorandum of understanding to the town of Assault and Toy Seller Corporation regarding emergency vehicle access. And this is Carlton. You want to do public hearing or public comment on this one? We will. Yeah.

Yeah. Do it uh we'll do it dur during, you know, when we typically do it for agenda item. Hello again. Uh I'm back to present uh item number 7C this evening. Uh subject being a resolution resolution number 12 series of 2026 seeking to enter the town of assault into a me memorandum of understanding by and between the town of Bault and Toyellar Corporation hereby referred to as the applicant regarding an emergency vehicle access across town property as described in the attached exhibits. I'll quickly run through uh my memo and a brief background of the project. I also have Patrick Raleigh of Raleigh Design Planning representing the applicant this evening to answer any questions you may have and provide a brief presentation. Um the recommendation this evening staff recommends that council consider the draft conditions included in the attached and consider approval of theou uh through a development application with Eagle County. The applicant has proposed the development of 81 residential units in the Willitzbend PUB located on Widget Lane directly to the south of the town property considered here in unincorporated Eagle County. The town of Basalt and Planning and Zoning Commission were given the opportunity to provide referral comments on this application at several points throughout 2025. And staff and planning commission uh submitted five separate referral letters uh throughout 2025 in regard to or in response to um separate uh development application submittals uh for this project. Um during the review process, the applicant in Eagle County reached an impass regarding secondary egress on the site. Um and while a seat access control plan has previously envisioned vehicular access across the

town property to the north of the Willlets Ben site, vehicular access has not been eased or constructed across town property. Town council has been asked to consider a request for future emergency vehicle access to be constructed across the two parcels located at 20522 Colorado Highway 82 and 20526 Colorado Highway 82. Also known colloquially as the Umbrella roofing site and the town of Salt Public Works yard. Um these two properties uh together are considered for future development by the town of Basalt and are shown in figure one the vicinity map in your packet um by a dashed red line. Um those are two separate parcels but are considered together for the purposes of this application or purposes of this request rather. Um the Willitzbend property which has the development application proposed on it by the applicant team is shown in the same figure with a solid blue line. The applicant has requested anou from the town of Bissalt to satisfy Eagle County's requirement for secondary access. Thisou would ensure future EVA to the north across town property without encumbering the town property with an access easement at this time. in the future that the the specifics of that access would be determined between the town and the applicant um likely at the time of development or design for the town property. Um I have included related town uh master plan goals that relate to these sites and this potential development. Um, also attached are uh a draft resolution um for you guys and the associated

as described as well as exhibit A which is a uh a draft uh design of potential future EVA. um as well as uh application materials from or I'm sorry, exhibit B being the legal description of the property and theou application from the applicant. Um if there are any initial questions, I'd be happy to take them. Otherwise, I will pass it off to Patrick to provide a presentation.

Great. Great. Can everybody see my screen? For the record, my name is Patrick Raleigh, Raleigh Design Planning. I'm here on behalf of Eagle Property Capital and Toy Seller. We have some of the principles in the room if there are any questions. Um, and I'll give a brief presentation about our request for the memorandum of understanding. So, the project site, as Carlton just um explained, is located there in yellow. You can see that there are some previously approved um building sites um that have gone through a PUD process through Eagle County. Um we are currently um proposing amending this PUD to provide for uh free market residential and affordable housing. But this is the recorded plat as it exists today. And I want to point out, you can note that Widget Street um or original road, whatever, um was always intended to pass through this property. And the applicant uh with Eagle County um my client has relied upon that condition uh for emergency access and other access uh reasons. Here is the site. Um, you can see if everybody is familiar, Love Rocks is another is a is a a tenant out there that some may know, but there are three dilapidated industrial buildings. And this is looking north from our site, from the Willlets Ben site towards the town-owned properties and roughly in the area where Widget Street or our proposed emergency access would go. So the the um overall goal for the Will it spend project is to provide critically needed housing for the Roaring Fork Valley. Again, this is not a land use application or a hearing um in connection with that, but I wanted to give you a little bit of background of

of the project and why we're here. So um in addition to providing public amenity spaces, ensuring emergency vehicle access, which is why we are here, and providing a workable and defined parking management plan, the proposed for rent residential units will replace dilapidated structures with complimentary structures, ensuring more compatible uses are pursued within the PUD. So what we really want to do is finish the Willitzbend project um that is kind of partially completed as of today course. So the the proposal that is currently at um Eagle County is for 83 additional four rent units. They'll have 11 deed restricted units as a part of uh of that mix plus eight resident occupied units. So um a considerable amount of attainable and and workforce housing um will be brought to the valley. Um overall development of the site is about 82,000 but we have a preexisting pre-existing approval for 92,000 uh square feet. Um again so that is our current proposal with Eagle County. Here's the site plan Orientio. Here's Willitz Lane. The town owned properties are to the north or to the page uh left. And we have the main access that is proposed off of Willitz Lane. We have an existing emergency access that we propose to enhance. It's really uh not been well maintained. So we will bring it into compliance for emergency access. We have the proposed secondary emergency access um located generally in this plan where Widget Street would have continued on. Um we have 183 parking spaces that adequately park the uh proposed development. We have a we cycle station. We have some outdoor amenity spaces. And then importantly, we've worked with the town of Basalt to provide public access through the site uh from Willlets Lane

uh to the north um and connecting into the bus stop um on original road. And there you can see that access easement shown in red on the map on the left. Um the uh we have a draft of an easement. So when we receive approval from uh Eagle County, we will finalize this and the public will be able to access through the property that will connect into a path that or a trail that we are improving that would u follow that yellow line that would lead to the original road bus stop. Um so in this way that you know our proposed development is is um conveniently located to public transit. We're trying to find ways to minimize you know single occupancy vehicles. Here's just a few artist renderings. This is the entrance off of Willlets Lane. You can see the we cycle station, the arboritum, which is a a nod to what happened out in Emma um um in the past. Here's some of uh the pedestrian improvements that we proposed to make within the Willlets Bend. You grade separated crossings and and you know pedestrian c uh protections with some uh you know site amenities, bike and enhanced part uh lighting and then some of the public amenity spaces that we have proposed throughout the site. This would be the path that the public would take to go up to the um bus stop. So this would be part of that access easement that we have drafted. So the the request for the emergency access um we're committed uh and we need to provide a secondary means of of access. Again, we had kind of anticipated utilizing Wij Street as it was going to be crossing through the property. So um that has is not going to be an option. So we have uh provided this plan to provide an emergency access. it would be fully accessible for all forms of emergency vehicles um you know through

the northern boundary. Um this has really been necessitated by the town's actions and purchasing uh the two properties and not wanting public access through there. Um but it should be noted that the Roaring Fork Fire Protection District really strongly wants this access. This access has been anticipated since 2006 when our original PUD approvals were u obtained and they're adamant that they would like and that this would be a very useful connection for them to cut the corner essentially um to access this portion of the salt. And of course, this proposed plan um can be modified and we're happy to work with the town and finding a the best place to locate this that works with the um eventual site plan. You can see the GR the profile that we have provided here. The dotted line is the existing grade. There is kind of a retaining wall there. And essentially to in order to ensure all vehicle access, emergency vehicle access is accommodated. It's it's largely a fill um operation where we're putting material in to create that line, the the dark line, which would be acceptable and approved and it has been approved or okayed uh by Brook Scott, the the fire marshall. So we um you the the town has currently issued an RFP for the site planning of this these two sites for the public works and uh police station. And among the questions that were issued uh or answers um to the questions um was this one about site access. And I uh want to point you to the um the bolded text that said there is a preference to establish a limited true access connection restricted to emergency vehicles only. That's precisely what we're trying to do with this memorandum of understanding. So it's it's good for us and it's also good for the town and is anticipated. Um this is the concept plan that was

issued with the RFP. You can note that the police station and the public works yard and what they have also located and this is also of course subject to change but that emergency access um generally where we have proposed it. We're generally okay um with the conditions of approval and the the form of the memorandum of uh understanding. However, condition number four states that the um applicant will obtain approval of the modified access control plan from C dot. Um this I think is problematic. I have a call, this of course just received staff memo, so some of this is developing. I have a call into uh Brian Killian at COT who manages access controls and I want to find out really what the nuts and bolts of modifying the plan are. I don't believe it is possible because we are not a signatory of the access control plan. The town of Basalt is. So to that end, we're willing to assist the town in any way we can to modify the access control plan, but it is essentially the town's um uh deal to to follow through on. Um, and so given this uncertainty and the fact that I don't think we can do it and the town is essentially affecting this change, we would request that that condition number four be struck from the memorandum that you have in front of you. Here is just for your edification as the access control plan. There seems to be a little bit of confusion. We we can't actually find the full the full plan. And if you go to the C dot website, they don't have a signed version of it. So, we're going to have to do some tracking down of this document. We you have it.

Okay. Cuz I it's it's we should share it with CEDA because they say they don't have it. U but you can see what was originally intended. This is a very poor image, but you can see the three um industrial structures right there and the continuation of original road or what was now Widget Street connecting all the way through. So that is the access control plan as it as it sits today. So with that, I'm happy to answer any questions and um I hope we can entertain a a motion to approve this memorandum.

Thanks for the uh comments for the presentation. We do have several people here who wanted to make comments um on this and you know given that that this subject is on the agenda um going to go ahead go ahead and have them do that now. So it's the same rules that apply for uh public comments. You know, three minutes. Make sure you sign in the back of the room, etc. Um, but the floor is open and then we'll go to council questions and comments after that.

Mr. Mayor, honorable council members, thank you very much for entertaining discussion and public comment. My name is Bill Fonte. I reside here in Basalt. I also own a unit over at Willitzbend and I and the other eight members of our cooperative association who are represented either here online or who have submitted written comment are profoundly concerned about the safety and security of the community going forward. This has always been about safety and security. When the access control plan was developed, Sedot, the county, the town of Basalt knew that we needed secondary access when the plan was fully built out. When the arch dasis prevent presented a significantly smaller plan for 100% affordable housing that was green and very viable in 2019. I spoke with Chief Nod and Chief Thompson at that time and they agreed that safety and security was the critical the pivotal issue at that point. Sadly that proposal was savagely attacked and killed. That ended the arch dasis withdrew and now we are left with a much larger plan with 13 affordable units out of a much larger number. we are ending up with something that is not responsive to the council's interests of promoting a decarbonized economy. And so I would argue that in the interest of safety and security, a temporary access is not viable. In fact, I would probably argue it's insane. When the development is fully built up, if it is ever fully built up, you will have a gun to your head because you will

not be able to deny permanent access. When the development is fully constructed and there are 160 more cars trying to exit or enter in the event of emergency, what will you do? Temporary access will have to be granted. your options in locating the future police station will be sorely limited. The other alternative is you let us burn. You deny access to ambulances in the event that we need emergency support. So with that, let me conclude by simply imploring you to reject this request for approval for temporary access. If you approve it, it is tantamount to permanent access, permanent easement, which you had not voted on. Thank you.

Thanks, Bill.

Mayor Knight and council members, thanks for the opportunity to speak. Um, I'm a board member at Willisben. I'm also a full-time resident there. I also have concerns. We're not against developing this uh property at all. Uh our concerns obviously would lay Christine fire in recent memory is that the access I think um I would implore to use a word bill just said that access is not given unless it's actually full access. If we can agree to full access now so be it. But I don't think a temporary access is really an opportunity. I think the scale is too big. There's parking issues. There's other issues. I I just think there's too many people. I think it's going to be about 200 to 250 extra people in this area wouldn't want access point. So that's really my point. So thank you for your time.

Okay, sorry John O'Donovan, board member at Willlet Spend. Thank you.

Hello, Mr. Mayor and the town council. Uh it's like the first time I'm doing this, so excuse me. uh Kinga Cherska. I I live at Willlets Bend. I am also a permanent resident there in uh unit 415, which is the yellow building. And um so we're meeting here to uh discuss this temporary access to the property for construction. Um, and if that's granted without the town allowing for permanent access later on, I mean, there are just huge security issues and safety issues. Um, and right now, the town specifically stated uh in the referral comments to Eagle County that they are not ready to uh give permanent access, emergency access to the property. And I just don't uh see how this will work out in the end because I mean basically the town is saying we'll give uh partial access access during construction and then I think you'll be forced to give permanent access through your properties because how else will the uh will it's bent be able to evacuate people during emergency. Um and it's just a really big concern for us. uh we are live we're live live there permanently and there's going to be a lot more units a lot more people and just how do you how do you make sure that everybody is safe how do you protect people how do you access this property if Willitz Lane is completely closed off let's say there's you know a complete closure on Willlets Lane how are you going to get into this complex with you know 200 people living there and how will everybody exit if there is an emergency and everybody has to exit all at once. Right now it's a very narrow exit from onto Willitz Lane which even now during the time when there's snow, not this winter sadly. Um Willlets

Lane is backed up and it it's even hard to exit um from Willlets Ben property and sometimes you have to wait five minutes or so to just even exit. And there are very few cars there right now. An additional 160 or whatever amount of cars it's going to be. It's not going to be safe. So, I hope that you reject this proposal and until there is a clear understanding of all the emergency exits out of the property. Thank you. Thank you. Right. I will. But we're doing public comment right now. Is there more?

Hi, thank you. I'm Colleen Collins. I'm in unit 514 and um I am just surprised that this is happening tonight in this fashion. Um we were not notified and we left the last meeting with Eagle County um and they were going away the applicant and we were going to wait to hear what the next move was. So we're sort of chasing two two horses here. Um and it's unfortunate because of where we are. We're in Eagle County, but we're butdding right up against the town of Basalt. And this has happened a couple of times where there's been sort of a workaround um by the applicant um and also even the town of Basalt with the umbrella roofing company being bought by the police or by the town. Uh there wasn't enough notification or public input on our side. So, we basically got closed off. So, now here we are back again. And I think that it's very uh difficult to try and get some resolution on this without both entities working more carefully together and also including us as the owners. This is too much density 100% as my uh peer or neighbor said you know we were having Catholic Charities at less at around 60 units. This is over 80. cars, the traffic, and I would liken it to, if you can imagine going into like a dead-end neighborhood or a street, and all of a sudden there's tremendous building, and you're going to have this temporary like one-way trail out the back that's supposed to help take care of everyone who's been plopped down in a dead end. It is a dead end. The density is huge. There are m there are all kinds of things. We don't they're not following criteria for open space and green. The parking doesn't work. Um to please stop if you can and just reject

this for tonight. Temporary gets us nowhere. It's just a workaround and um we would just be so appreciative if you could do that. Thank you. Thank you for your comments. Anyone else like to make comment? I see Emily Chaplain online there. So, we'll let's go ahead and unmute and promote her to panelist. Yes, I think I'm unmuted. Can you hear me? Yes. Oh, great.

Great. Perfect. Thank you. Hi, I'm Emily Chaplain. I am a homeowner at Willisbend unit 411 and a resident there. Um, I just I want to be very brief and echo my neighbors who just spoke and just implore you to please um reject this proposal for temporary access for the same reasons. My concerns are are exactly the same as theirs. So, we really appreciate you giving full consideration to uh both us current residents as well as the future residents who this is this is going to have massive massive safety and security implications for. So, thank you all so much for your time and consideration.

Thanks, Emily. And Katie, I see you put your hand up.

Um, yeah. Hi, guys. Uh, I just wanted to go ahead and do the same, reiterate. Uh, my name is Katie Cook. I live in the blue building, number 516, permanent resident. Been here for six years now. Um and again not um not opposed to any any development at all. Just needs to be a safe one and one that is considered all of the aspects and the concerns that have been raised not only by Eagle County but by those of us that live here. There are, you know, there are other secondary issues. Colleen mentioned parking, um open space, the the affordable units. Um it it's not high enough. um just knowing how expensive property is here, adding more um luxury condominiums is not necessarily what we need in this area. Um that being said, the most prominent issue that I see is that um is that safety access point. Um it it does not make sense to me along with everyone else doing something temporary. Um this feels like a little bit of a shortcut loophole to to get the ball rolling. Um, and I along with everyone else that has spoken, um, would just implore you to deny it for today until there's an actual permanent plan put into place.

Thank you, Emily. Anyone else in the room or online want to make public comment? Okay. Um, sorry. Oh, go one more time.

You're good. Uh, my name is Kathleen Haley and I am an owner and I reside at Willitz Lane as well. Um, and my concerns are the same as my neighbors. Um, it's the traffic, the parking, the parking is really going to be an issue. Um, obviously the safety concerns that have been brought up, but my biggest fear also is green space. there's not going to be any place to go outside, walk my dog, uh visit with my neighbors. Um I've talked to the residents that have that reside in the red building that he now owns, current and past residents that say that he's not the best landlord, that he's he skimps on heat and things like that. Um that they couldn't get a they couldn't get a copy of their lease, what one resident told me. So, um I'm worried about him overseeing this and running this huge this huge development that he's um that he's applying for. Um I agree with the rest of them that yeah, some some um some construction, some development is definitely welcomed, but it took me a long time to be able to afford the unit that I live in. and for and for all that affordable housing that we don't have in our valley, I think that this is the perfect opportunity to build some of that. Um, I agree with Katie that when she mentioned the luxury apartments that we don't need more of in this area. Um, you know, I've lived in mountain towns my entire life and I've never seen anyone any valley grow as fast and as furiously as this one. the Gunnison Valley had I mean it was growing but they were very practical and the zoning was so strict because I didn't want it to turn into what I see willlets turning into right now which is a major traffic jam there's so many people there's so and and the people aren't necessarily friendly drivers are

obnoxious every everybody in this valley is angry around along with the rest of the people in our country and um I just would like to see more thoughtful a more thoughtful um project a more well planned taking into consideration the people that really do want to live in this valley and take advantage of the green and the and the forests and the rivers and the skiing. But it's it's as you all know I mean there's so much traffic right there at that at that pinpoint right there. Um and I'm really concerned about it. So thank you for listening.

Thank you. Anyone else? Did you want to make comment? If I respond to the Sure.

Um just a quick comment on process. Uh there were a lot of comments that were just made um from the public. Uh just to to reiterate, um council is not reviewing a development application this evening, but rather an application for anou. Um the development application is made with Eagle County, which is the reviewing jurisdiction. Um, and the town of Basalt was and is still included as a referral agency for that development application. Um, and so hopefully we can just focus on the um, theou as part of the discussion this evening. If I may, Mr. Mayor.

Yes. Um, so while I appreciate the passion and people coming out to make public comment, I think they're, as Carlton just pointed out, conflating a land use matter in Eagle County with the matter that we have in front of us, which is a memorandum of understanding for permanent, not temporary, um, emergency access. The reason that the access is not going to be immediately constructed as we would wish it to be as the applicant of the land use application is because that we're allowing the town of Basalt to go through their site planning process to provide for the public works and the police station. So this will be 100% a permanent emergency vehicle access only. It'll be gated and it has received the sign off of both the fire marshall and um a nod of understanding from the u from Eagle County as a requirement uh for our land use application. So I don't understand where the notion of a temporary access. We haven't defined the exact location but it will most certainly be a permitted access. Um the site has existing development in it today. So um the access is sufficient and will be sufficient in the future. The the plans have received um of our of our proposed PUD amendment have received very careful consideration by the fire marshal. They have signed off on it, that it is an acceptable plan and the only thing that they require is this northern access so they can cut the corner and that is what we're here for is a memorandum of understanding between the town and the applicant that once we get our approvals and everything is in place we will put a stake in the ground and that's where that emergency access will be in perpetuity for fire access and emergency access. So, um I don't know understand where the the concept of a temporary access has come in. Um I

won't address any of the other comments about as Carlton has pointed out this is not a review of our land use application which sits in Eagle County. So, thank you very much. Thank you. Questions or comments? Uh where are you in the process of uh where are you in the process with Eagle County? We're currently at the Roaring Fork Planning Commission. Um we have u asked for a continuence. Okay. Among the issues that we need haven't really been passed through to the commissioners yet. No, it one of the issues is to identify this northern access is the biggest point. Thank you. Angela,

do you have any documentation about your the fire marshall approving this as a permanent plan? Is that I don't see that in the packet. Do you have a understanding.

I I've had numerous conversations with Brooke. Brooke has also provided numerous referral comments. They have issued and and this is all part of the Eagle County process. Um they have uh provided their very strong desire um to have this emergency access on the northern boundary. So it is part of the record um um that I could, you know, be happily happy to to provide, but it's part of the record of our Eagle County proceedings. Yeah, I would have liked to have seen that in the packet today. I think it would just for clarification, it would be nice to see it in writing.

Sure. And and well, and this goes and again I would like to point out this goes back to 2006 where it was always anticipated that this was going to be a thoroughare from original road through I wasn't here in 2006. So I think maybe your neighbors would like to see but the floor is up. These guys have any other questions or comments?

Well, yeah. Um, I just have a question on, you know, the the comment of allowing the town to proceed with its planning for that site for public works and police gives me a little pause. Uh, and hearing, you know, what's been going on with CE DOT's access permit and all. I'd like to know more later on, not now. Maybe we can talk about that some other time. I don't think that the 19 units deed restricted and affordable meet our standard for affordable housing. We're looking at a 50% ask now and this is, you know, 25 or 30%. So I I don't really have any real urgency or initiative or enthusiasm for approving another free market development that in the future could be part of assault that's only that's less than what we're threshold is.

You're you're not approving development. This is a memorandum.

I'm not talking about approving. I'm talking about what we expect from our land use opportunities here and it's a lot higher than what you're proposing in Eagle County. The other thing is you're in front of the Roaring Fork Planning Commission which obviously is a good step towards getting into the commissioners. But I would like to see where the commissioners land on this as well. If they're going to come back and and listen to us as referral agency, we may be asked to refer on your application at the next level. So, this is just a request for us to do you guys a favor at this point. And I'm not ready to do that favor until I hear more about what Yugo County has for feedback on the project.

We won't get to that point until we have a memorandum of understanding because the the project will stop. So, you won't have that opportunity. Condition of approval that the commission puts on you. Unfortunately, Eagle County does not u like conditioned approvals. So, we are trying to answer all of these issues. Again, we're under the regulations of Eagle County. I've heard you and this is my feedback. So, there it is.

I I think some of what Rick is maybe touching on is a thought that that I had and um with your comment about the affordable housing not meeting our threshold. I think that we in the past years have had some developments that have been right on our jurisdictional boundaries that we haven't had much say over and we have learned that lesson and we haven't had much say and we've just been a referral agency and there hasn't really been much we can do to influence it. I feel like perhaps where Rick is going is that this might be an opportunity for us to influence because we do happen to own the property in question to influence a development that is not ours to make the ultimate decision on. That is where I I'm not, you know, not saying yay or nay here just yet, but that's that's the thought that I have, right? I mean, we're presented with a unique opportunity here where we can influence a development that is in Eagle County and not in the town of Assault. And we can do so by denying a memorandum of understanding here. Um my question is more to town staff and I guess amongst ourselves if if we don't want to encumber our property by extending a rightaway or granting an easement which is stated and you know we kind of want to leave it up in the air why why would we even sign anou I guess it I I I guess I can offer a couple data points maybe and just um

not as background on this land use application just because I I'm really not familiar with it. but just on the one of the one of the town properties. So, the town first bought the property adjacent that's part of the Mid Valley uh medical center that is within the town where Shelton drilling used to be the Shelton. I still refer to it as the Shelton property. The one next to it was the umbrella property. Now, we have the Shelton umbrella properties in the county, Shelton properties in the town. the Shelton property. Um there is a 2002 access control plan from CDOT where it talks about potential access improvements along the highway 82 corridor and it discusses that there could be a potential future connection between original road there at East Valley Road and to Willlets Lane through the Shelton property. There's not a requirement that that be constructed. There's not C DOT is not mandating that that be constructed, but that was known at the time the property was purchased and in doing preliminary site planning for the potential development on the Shelton property, there was analysis of okay, if there was a if there was a requirement, could that be accommodated? And so it was determined, sure, it could. And then when there was a site plan approval for the property for the improvements that are down there now, there was a condition that we'll continue to uh accommodate potential future access so long as the access control plan is going to include this potential connection as part of the plan 2002 access control plan. Um and so that's kind of the the the baseline I guess for this. That's where I is I think where they're coming from is this there is a potential for access through this property that has been known and this would make it real. Now that's not

to say that that again that that would happen from seed dot. Um are we legally required to grant that access? No, not not based on the access control plan. And you know, I don't know that and James can corre correct me on on any of this, but that this is in C DOT's working plan horizon for a required improvement, but could uh be impacted based on development in the area. And so James, do you think I

Yeah, I think that's pretty accurate. You know, I think uh that there was the concept in the access control plan. Um it uh you know, CD dot uses that access control plan when they evaluate access permits for Highway 82. Um and so you know that's kind of one of their criteria for the most part in evaluating uh access permits but otherwise it's accurate what you described I would say.

Okay. Any other questions or comments? Thanks James. I I'll make a quick So there's a broader set of development questions here. This is a narrow question though. Um that said, frankly, I don't see the benefit to the town of entering into this memorandum of understanding. There's um there's no legal requirement or any requirement saying that we need to take any action as far as the access control plan at this time um connect Willlets Lane original or anything else. And so I'm I'm not supportive of uh signing this memorandum of understanding.

I can't believe this. Unbelievable. Anybody else have any questions or comments? Nope. Or I'd entertain a motion. Mayor. Oh, mayor. I move Oh, where am I? You can just read it as is. Oh, mayor, I move the As is, it would approve the as is. It would I can say no to that. Oh, okay. Just read it as we'll vote. Yep. Okay. Okay. Mayor, I move the town council adopt resolution number 12 series of 2026. Second. It's been moved and seconded. Pam, will you please call the role? Absolutely. Uh, let's begin with Deer Schindler. No. Angela Anderson, no.

Rick Stevens, no. Angel Dupraart, no. Ryan Slack, no. And David Knight, no. Respectfully, thanks for your time.

Fail. Next up, we have item 7D, which is the first reading of ordinance number six, series of 2026, ordinance to the town council of the town of Basalt, Colorado, approving a lease agreement with the arts campus at Willlets TA for unit R700 block 7 condominiums. This is Michelle and Jeff. Come on up.

Okay. Um, I can shift my brain. All right. So, this is an ordinance for um a lease agreement for the town owned property at um on at 961 East Valley Road. Um, this is to enter into a lease agreement with Taka to run a youth empowerment focused space there for a 12-year lease agreement. Um, in exchange for favorable lease terms, um, Taka will take on the expenses of building out the space to run the facility. Um, and I will turn it over to I think we've for the record, um, for any of the public that has not been paying attention to the last few, we've had several presentations over the last, uh, uh, since September 23rd, 2025, um, having this talking about this concept. Um, so here we are on our third meeting about this um, with a draft lease agreement um, for consideration. And I'll turn it over to DA if there's anything I you want to highlight or I missed on there or any other questions.

I'll just add we had our youth arts influencers here, but it's a school night so we sent them home because you all were running a little late. Um, but they did they were here earlier. Um, we're thrilled with the lease as it's been written. Uh, I know you might have some questions. So, our plan hasn't really changed from what we've presented to you. So, we're happy to take any questions that you all have, unless you want to add something, Anna. Nope. Great.

That's great. Um, I was looking for the 12 years, but I was looking for a process that kind of evaluates along the path of the 12 years at least and how how successful it is or where where improvements are made or opportunities for other things to happen. And I think that's just holding each other accountable, you know, to the process of having a lease on a public space that's being donated. Yeah.

And uh you know, if if you achieve your goals of of recovering the cost of the space earlier, does that come into play? Um I see you had a request for funding attached to get started on the remodel. So, I just want to build something into the I couldn't find it in the lease. The lease was longer to read than the proposal was, so I didn't get into the details. It's not in there. Okay. Thanks, John. I have read it. Rick, do you think like regular updates like an annual update from Yeah. you know, from TAL about like how how the program is going

through the Rita through you get an annual update from TA through the the your annual Rita report. Um, and that can be we could supplement that with a little bit of and by the way, here's what's going on next door and how we've been doing and we've had this many events and this many, you know, whatever um engagements. So, if you want that kind of thing, that would be awesome. Just But I don't think it's hard to do. It's It's really hard for Jeff and me to write that kind of thing because really what it's saying is we'll talk to each other. Um, one thing I can

We'll we do our annual report obviously for the public every year and of course do all our public filings and get an independent audit as well. But I I think more than just that usual 990 uh annual report nonprofit uh best practice material. I think what you're saying is you'd like a some sort of report from leadership to you talking about our progress and we'd love to do that. I think you know we're not only accountable to you and the public but also all of our donors who are going to support this space. So um I think we're more than comfortable if you want to put some language in there. One thing I would say is when we were uh in conversation for the lease at Takah, there was some conversation about requiring x number of this kind of music and x number of this kind of and I think that level of detail doesn't allow us to respond to what is needed. Um but certainly sharing progress reports um and and detailed information, we're we're more than happy to do that.

Yeah. So I think let's find out from you over the next couple of weeks what what that language would look like. Um, and Jody and Jeff can sort of parse it out, but yeah, we're we're happy to do that.

It's possible I missed it, but but is there a projected um and I'm sure it was in the last one or the one before or whatever, but remind me the projected timeline of when you hope to open the new space. So, we've met with general contractor Heramman who built Takawa is excited to work with us again, which is a thrill because they're they're great um and very generous with their with their time and resource. Um our best case scenario, and this would be aggressive, would be to open at the start of the school year. Um that being said, we wouldn't sign off on programming until we had absolute clarity that we were going to have a certificate of occupancy. uh and we dealt with that opening Takawa and opening the temporary before that. So our best case would be when the school year begins. Probably more likely it would be closer to when winter is coming around that timeline. But we're we're ready to I mean we we're we're ready to go. So that's exciting.

This is great. I mean I'd love to get the updates every year. I mean this is but this is mainly because this is a big milestone for all of us, right? I mean you guys have been wanting to do this. We even want to have some kind of youth center where people can go after school and there's all this programming that's going to happen. Um I mean it's just it's going to be exciting to hear about it on the regular. Um and see how it develops and see what we learn by it and what how it informs other stuff that we do. Um it's community oriented. So I mean just um I mean for for us this is a pretty big deal to be at this point. Like how long have we been talking about Youth Center, you know what I mean? as a community. I mean, it's I was It's awesome. Thank you.

No, we're we're excited. And if you schedule us earlier in the night, we'll send the youth the arts ambassadors to do the updates for you in years ahead. Yeah, that' be that'd be pretty cool. Yeah, they would love to. They they think it's cool to be able to come to these kinds of things. So, they're actually organizing with and help uh groups of peers to talk about what should the programming be, what should it look like in their uh what do we want to call it? We all say youth empowerment space, but as a kid, do you want to go hang out at a youth empowerment space? Maybe just yes, you know, but we're we're going to ask them and Ann is leading that process and it's really it's really memorial. So, this is

Anybody else? There's no mayor. I move the town council approve ordinance number six series of 2026 on first reading and set the public hearing and second reading for March 24th 2026. Second. It's been moved and seconded. All those in favor, please signify by saying I. I. Thank you very much. The last vote. I know. I'm glad you guys are I'm glad you're here for this. I saw you in the room earlier and I'm glad this is second. Yeah. Jody was here.

All right. Next up is item 7E, resolution number 13, series of 2026, resolution of the town council of Balt, Colorado, approving a draw from the arts campus at Willlets DAW endowment fund for tenant improvements. Cast of characters.

All right. The town council's asked to consider this resolution to approve a one-time expenditure of the ta the Takah endowment Rita uh to build out and operate uh year one of the youth empowerment space on the town property at 961 East Valley Road. Um this is um uh an expenditure that requires the board approval from Taka as well as approval from town council. Um, the Taka board approved the request unanimously at the March 5th, 2026 meeting and council has asked to approve that tonight as well.

All right, questions or comments? Otherwise, I'd entertain a motion for this. And that total number is the is it 274 127? No, it's 69541. 695041. Oh, there it is. Wasn't the 13 draw down that would have been happening regardless correct? Yeah. So that 130 intended to be directed towards the youth empowerment center. We specifically

Yeah, we just thought because we would normally do our read draw down later in the year if you approve this, we'd just do it all now as a lump sum and get it out of the way and not have to come back later in the year and do that. Um, it also is in there because we, the RITA endowment currently stands at about 1.3 million and the ordinance says we can use 10% a year for operations. So, we were counting on that 130 for this budget. It's operations. Yeah. So, it would be for That's why it's capped at 10%.

That's why it's capped at 10%. So, and if we were to do this draw down uh and then go in September to draw down, we'd draw down somewhere in the 60 to $70,000 range at 10% and we'd have to make up that difference. which which in theory we could do. It just makes our lives easier to stick with the budget that we had. And then that 15% contingency though, that's including that 130,000. It is. Yeah.

It's for the same. Yeah. It was last September. So, see, mayor, I move the town council adopt resolution number 13, series of 2026. Second. It's been moved and seconded. All those in favor, please signify by saying I. I. Thank you very much. Well done. Thank you very much. Have you the opening? All right. Next up, mayor, I move the town council. I know what you enter executive session. It was a Saturday morning

for conference with our attorney for the purpose of receiving legal advice on specific legal questions in accordance with CRS24-6-42 4B, more specifically to discuss zoning issues on parcel 2e. I'll be recusing myself as uh my home is in the So Meadows HOA. We have a second. Second. Second. It's been moved and seconded. All those in favor, please signify by saying I. I. I.

All right. So, we're going to go ahead and close out the broadcast. We're going to have exec session. When that is over, we will be automatically adjourned. So, uh, thanks for tuning in and, uh, thanks for coming in person. You guys have a great night.