1 of 135 CARBONDALE BOARD OF TRUSTEES REGULAR MEETING DECEMBER 8, 2020 VIRTUAL MEETING 6:00 P.M. ATTENTION: Due to the continuing threat of the spread of the COVID-19 Virus, all regular Carbondale Board of Trustee Meetings, Special Meetings, Executive Sessions and Work Sessions will be conducted virtually. If you have a comment concerning one or more of the Agenda items please email [email protected] by 5:00 pm on December 8, 2020. If you would like to comment during the meeting please email [email protected] with your full name and address by 5:00 pm on December 8, 2020. You will receive instructions on joining the meeting on line prior to 6:00 p.m. Also, you may contact [email protected] to get a phone number to listen to the meeting, however, you will be unable to make comments. You may also watch a live streaming of the meeting on You Tube. Search Town of Carbondale December 8, 2020 meeting. Please be aware that you will experience a 15-30 second delay. You are invited to a Zoom webinar. When: Dec 8, 2020 05:30 PM Mountain Time (US and Canada) Topic: Carbondale Board of Trustees December 8, 2020 Regular Meeting Please click the link below to join the webinar: https://us02web.zoom.us/j/81611459484?pwd=SklvaUYrdGh2TkZ5dkdtWVlQU29LZz09 Passcode: 924012 Or iPhone one-tap : US: +12532158782,,81611459484#,,,,,,0#,,924012# or +13462487799,,81611459484#,,,,,,0#,,924012# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 Webinar ID: 816 1145 9484 Passcode: 924012 International numbers available: https://us02web.zoom.us/u/klTGO7mY7 TIME* ITEM DESIRED OUTCOME 6:00 1. Roll Call 6:00 2. Consent Agenda a. Accounts Payable ATTACHMENT A b. BOT 11-17-2020 Work Session Minutes ATTACHMENT B c. BOT 11-24-20 Regular Meeting Minutes ATTACHMENT C 2 of 135 d. Liquor License Renewal – American ATTACHMENT D Legion e. Liquor License Renewal – Cripple Creek ATTACHMENT E f. Right-of-Way Lease – 211 Euclid Ave. ATTACHMENT F g. Recommendation for Appointment – ATTACHMENT G Tree Board BOT Action Desired 6:05 3. Employee Recognition 6:10 4. Persons Present Not On The Agenda 6:15 5. Trustee Comments 6:25 6. Attorney’s Comments 6:30 7. Public Hearing - Adoption of 2021 Budget ATTACHMENT H a. Budget BOT Action Desired b. 2020 Projected Fund Balances c. Community Requests d. Resolution No. 13, Series of 2020 – Summarizing Expenditures and Revenues and Adopting a 2021 Budget e. Ordinance No. 15, Series of 2020 – Appropriating Sums of Money to the Various Funds and Spending Agencies f. Resolution No. 14, Series of 2020 – Levying General Property Taxes for 2020 g. Ordinance No. 16, Series of 2020– Appropriating Additional Sums of Money to Defray Expenses in Excess of Amount Budgeted 6:50 8. RFTA – Waste Water Treatment Plant – ATTACHMENT I Agreement and Deed Exchange BOT Action Desired 7:05 9. Ordinance No. 17, Series of 2020 – Amending ATTACHMENT J the Method of Computation for Measuring the BOT Action Desired Distance From Schools to Liquor Establishments 8:20 10. Update on State COVID-19 Emergency ATTACHMENT K Legislation Information Only 8:30 11. Correspondence/Minutes ATTACHMENT L a. Parks & Recreation Commission 10-20- Information Only 20 Minutes 3 of 135 b. Tree Board 9-17-20 Minutes c. Environmental Board 10-26-20 Minutes 8:30 12. Adjourn * Please note: times are approximate 4 of 135 ATTACHMENT A 5 of 135 ATTACHMENT A 6 of 135 ATTACHMENT A 7 of 135 ATTACHMENT A 8 of 135 ATTACHMENT A 9 of 135 ATTACHMENT A 10 of 135 ATTACHMENT A 11 of 135 ATTACHMENT A 12 of 135 ATTACHMENT A 13 of 135 ATTACHMENT A 14 of 135 ATTACHMENT A 15 of 135 ATTACHMENT A 16 of 135 ATTACHMENT A 17 of 135 ATTACHMENT B 18 of 135 ATTACHMENT B 19 of 135 ATTACHMENT B 20 of 135 ATTACHMENT B 21 of 135 ATTACHMENT B 22 of 135 ATTACHMENT C 23 of 135 ATTACHMENT C 24 of 135 ATTACHMENT C 25 of 135 ATTACHMENT C 26 of 135 ATTACHMENT C 27 of 135 ATTACHMENT D 28 of 135 ATTACHMENT D 29 of 135 ATTACHMENT D 30 of 135 ATTACHMENT E 31 of 135 ATTACHMENT E 32 of 135 ATTACHMENT E 33 of 135 ATTACHMENT F TOWN OF CARBONDALE PUBLIC WORKS 511 Colorado Avenue Carbondale, CO 81623 Board of Trustees Agenda Memorandum Meeting Date: December 8, 2020 TITLE: Right-of-Way Lease-211 Euclid Avenue SUBMITTING DEPARTMENT: Public Works ATTACHMENTS: Proposed ROW Lease-211 Euclid (Barron/Meyers) Previous ROW Lease-211 Euclid (Nemhauser) BACKGROUND 211 Euclid Avenue is located in the northwest corner of the intersection of Euclid Avenue and 2nd Street. It occupies a portion of what were originally five lots on the plat of the original townsite (Lots 20, 21, 22, 23 and 24 of Block 8.) In 2004, the Heilig Subdivision Exemption Plat created two lots (Lots A and B) out of those five lots. 211 Euclid is located on Lot B. When the survey was done for the Heilig Subdivision Exemption plat, several historic ROW encroachments were noted on the plat (fencing in the ROW along Euclid and 2nd Street, a 1.5-foot encroachment of the garage into the 2nd Street ROW, a 0.2-foot encroachment of the garage into the alley ROW, and what appears to be a 0.2-foot or smaller encroachment of the shed into the alley ROW.) DISCUSSION In 2004 when the plat was approved, the Town and Patricia Heilig also entered into a ROW lease for the historic encroachments. The terms of the original ROW lease with Patricia Heilig included a 30-year lease with rent of $100 per year for the encroachments. In 2005, the property was purchased by Glenn Nemhauser and the Town entered into a lease with him (attached) under the same terms as the original ROW lease. Recently, Mr. Nemhauser sold the property to Brooks Barron and Ashley Meyers. Since the Town’s ROW leases include a provision that the lease cannot be assigned, each time a property with a ROW lease sells, we require the new owners to enter into a new lease with the Town. A copy of the proposed ROW lease with Brooks and Ashley is attached. It should be noted that since the last lease was executed in 2005, the fence has been removed from the ROW and is therefore not included in this new lease. Any fencing installed from this point forward will be required to be placed on the property, not in the ROW. The only authorized encroachments are the portions of the garage and shed that encroach into the 2nd Street and alley ROWs. It should also be noted that the 2020 ROW payment was received, so this lease is proposed to take effect on January 1, 2021. 34 of 135 ATTACHMENT F The terms of the proposed lease match those that were included in both previous leases at this location, including the Town’s right to terminate the lease at any time with a 30-day notice to the lessees. FISCAL ANALYSIS Revenue from this item would be included in future budgets. RECOMMENDED ACTION Staff recommends the following motion: I move to approve and authorize the Mayor to execute, the right-of-way lease with Brooks Barron and Ashley Meyers., for rights-of-way adjacent to 211 Euclid Avenue. Prepared by: Kevin Schorzman Town Manager 35 of 135 ATTACHMENT F CARBONDALE – BARRON/MEYERS LEASE THIS LEASE is made and entered into between the Town of Carbondale, Colorado (“Lessor”) and Brooks Barron and Ashley Meyers (“Lessees”), 211 Euclid Avenue, Carbondale, Colorado, to become effective January 1, 2021, regardless of the date on which the parties actually affix their signatures. 1. Recitals For the purpose of construing and giving effect to this lease, the parties agree to the truth and accuracy of the following: a. The Lessor owns certain real property (“the leased premises”) referred to in Paragraph 2 below onto which a portion of the Lessees’ garage encroaches, and the Lessees desires to rent this property; b. The leased premises are not presently needed by the Lessor for uses other than described in this lease in the performance of its governmental or proprietary functions. 2. Leased Premises. The Lessor hereby leases to the Lessees that property described, and generally depicted as highlighted in Exhibit A attached hereto and incorporated herein by this reference, as follows: Those parts of the west side of the 2nd Street right-of-way between Euclid Avenue and the alley north of Euclid Avenue, as well as those parts of the southern right-of-way of the alley north of Euclid Avenue between 2nd Street and 3rd Street onto which the garage and/or shed for 211 Euclid Avenue encroaches. 3. Term. The term of this lease shall be thirty (30) years from and after its effective date, subject at all times to the right of the Lessor to terminate this lease in order to use the leased premises for any proper governmental or proprietary purpose or to sell, convey, or otherwise utilize the leased premises. At any time during the term of the lease, the Lessor may terminate this lease upon a thirty (30) days’ written notice to the Lessees. In said event, this lease shall terminate at the end of such thirty (30) day period. In addition, this lease shall automatically terminate in the event of a sale or transfer of the property owned by the Lessees to any third party.