MINUTES CARBONDALE BOARD OF TRUSTEES REGULAR MEETING JULY2 28, 2020 VIRTUAL MEETING VIA ZOOM Mayor Dan Richardson called the Board of Trustees virtual Regular Meeting to order on July28, 2020, at 6:00 p.m. ROLL CALL: The following members were present for roll call: Mayor Trustees Dan Richardson Marty Silverstein Ben Bohmfalk Lani Kitching Luis Yllanes Erica Sparhawk Heather Henry Absent Staff Present: Town Manager Town Clerk Finance Director Town Attorney Jay Harrington Cathy Derby Renae Gustine Mark Hamilton CONSENT AGENDA Accounts Payable totaling $497,263.08 Board of Trustees 6-30-2020 Special Meeting Minutes Ordinance No. 7, Series of 2020 - UDC Amendment - Off-Street Parking Self-Storage Facilities Trustee Bohmfalk made a motion to approve the Consent Agenda. Trustee Silverstein 6yes votes: Richardson, Yllanes, Silverstein, Bohmfalk, Kitching, Sparhawk seconded the motion and it passed with: PERSONS PRESENT NOT ON THE AGENDA Colin Quinn, Environmental Board Chair, stated he would like to have a discussion on Town development. The Environmental Board has been focused on its goals Trustee Meeting Minutes July28,2020 Page 2 and long term vision. Many people have told him they were surprised by the lumber yard development. He questioned if the Board considers the Climate Action Plan and the Environmental Bill of Rights when they approve development. He asked the Board for advice as to what level should the Environmental Board be involved in development. Colin would like a discussion on community character and small town feel. Summer Scott, stated that he sent the Board an email expressing his concerns. He is concerned about the lumber yard development, and most people he has talked to didn't even know about it. He feels that the development "slipped under the radar" with the pandemic going on; people are focused on other things. He suggested the Board should start looking at how projects impact our community. He asked the Board to "pause" the lumber yard. Summer said a lot of people are mad about the new City Mayor Richardson stated that he read Summer's email and he appreciates his interest ini the growth of Carbondale. He explained that many of the developments that are now happening were planned (and were approved) a few years ago. But they are all starting to build this summer and it has caught people off guard. The Mayor believes that the Board should have a discussion with the Environmental Board on long-term growth and Trustee Bohmfalk stated that unless you know the governmental process you may not know about proposed developments. He stated that the Town needs to have more communication with the public. Mayor Richardson noted that the Board encourages developers to conduct community outreach. Mayor Richardson stated that there. was a Market. Environmental Board priorities. story in the Sopris Sun concerning the lumber yard. TRUSTEE COMMENTS Trustee Kitching informed that Board that Ruedi Water and Power Authority (RWAPA) has increased its invasive species inspections. This year they have found double the amount of mussels compared to 2019. Trustee Kitching attended the Colorado River District meeting where they approved putting a mill levy tax increase question on the November ballot. They are also implementing measures to safeguard western slope water. Trustee Kitching stated that Mountain Fair was highly praised and well organized. Trustee Kitching told the Board that she did a police ride along during Trustee Silverstein also commended Mountain Fair - it was extremely well run and the merchants were happy. He said it was nice to see local vendors. Trustee Silverstein stated that he has signed up for a police ride along. Trustee Silverstein asked if we can use CARES Act funding to replace the money we have lost from the bag fund during the pandemic. Jay answered no, the money cannot be used as a revenue offset. Trustee Yllanes agreed that Mountain Fair was great. He stated that he believes that there is a need for a stop sign at 2nd and Main Streets. Trustee Yllanes congratulated Mountain Fair. Trustee Meeting Minutes July 28,2020 Page 3 the Governor and State of Montana for their lawsuit (Amicus Brief) opposing the appointment of William Perry Pendley as head of the Bureau ofLand Management. Mayor Richardson stated that a citizen had asked him about installing a stop sign at 2nd and Main Street. He talked to Public Works Director Kevin Schorzman and Kevin told him it wasn't a good idea. The Mayor suggested Trustee Yllanes talk to Kevin. Mayor Richardson asked Trustee Yllanes to share any information he has on the Amicus Brief. Trustee Sparhawk asked if the Board needs a discussion on how to support schools re- opening. For example, can we help telecommuters, can we offer outdoor space for classrooms? Jay responded that the School District is working with a private provider on installing Wi Fi boosters, etc. The Town will work with the District on providing outdoor space. Currently many of the parks are being used by camps, clubs, etc. Mayor Richardson thanked staff for supporting Jay and Renae while they are out of the office. The Mayor said he too has received many positive comments on Mountain Fair. He stated that thei fair was a labor of love for Carbondale Arts. They lost money but they made the effort to have the fair so the community could come together during the pandemic. ATTORNEY COMMENTS The attorney did not have any comments. THIRD STREET CENTER SECOND LOAN DEFERRAL Jay explained that even though the Town is not responsible for the Third Street Center loan, nor do we have any obligations, we are a signatory and therefore the Board must Trustee Sparhawk made a motion to approve the Third Street Center Second Loan Deferral. Trustee Yllanes seconded the motion and it passed with: 6 yes votes: Silverstein, Richardson, Bohmfalk, Kitching, Yllanes, Sparhawk RESOLUTION NO. 7,SERIES OF 2020 - RESOLUTION OF SUBSTANTIAL approve or deny the loan deferral. COMPLIANCE - EASTWOOD 133, LLC ANNEXATION Janet explained that the Town received a Petition for Annexation for the 2 acre parcel located along the west side of Highway 133, directly north of the Public Service electrical substation. The property is currently zoned Commercial General in Garfield County. The proposal is to annex the property and rezone the property to Commercia/RetailWholesale in order to construct a self-storage facility with a residential unit. Trustee Meeting Minutes July 28, 2020 Page 4 The Town's 2013 Comprehensive Plan shows this property to be located in the Phase 1 Annexation Area. The intent of that area is to promote infill and redevelopment in areas that already function as part of the Town. The Comp Plan goes on to say that infill and redevelopment in these areas would maintain the Town's compact footprint while The Town Attorney and staff have reviewed the Petition for Annexation and the Annexation Plat and they both appear to be in compliance with the Municipal promoting walking and biking. Annexation Act of 1965. The Resolution authorizes the commencement of zoning procedures for the property and sets the public hearing dates fori the Board to consider the annexation and This is the first step in an annexation process. The next steps would be a public hearing before the Planning Commission for consideration of the Annexation, Zoning, Major Site Plan Review, Vesting and Conditional Use Permit application. This is After review, the Planning Commission would make a recommendation to the Board. The Land Use Application would come before the Board in a public hearing for the rezoning. scheduled for August 13th. Board's consideration. Discussion ensued. Trustee Silverstein asked ifi is this the same location as the previous application for a Trustee Bohmfalk asked if we approve the Resolution it's not pre-supposing we will approve the annexation application. Janet responded yes, the Resolution does not The Applicant's team introduced themselves and said they look forward to working with Trustee Yllanes made a motion to approve Resolution No. 7, Series of 2020. Trustee 6 yes votes: Yllanes, Bohmfalk, Kitching, Richardson, Sparhawk, Silverstein COLORADO COMMUNITIES FOR CLIMATE ACTION (CC4CA) STATEMENT self- storage facility? Janet responded yes. obligate the Town to annex the property. the Town. Silverstein seconded the motion and it passed with: POLICY REVIEW Trustee Sparhawk explained that CC4CA updates its Policy Statement every year. It's a guiding document for policy, the Legislative Committee and lobbyists. Nothing major has been added or removed. CC4CA is asking its 34 community members to ratify it. Trustee Meeting Minutes July28,2020 Page 5 Trustee Yllanes asked if CC4CA has asked about the political stance of any of the State's Candidates. Trustee Sparhawk stated no, but she will inquire whether CC4CA Trustee Sparhawk made a motion to approve the Colorado Communities for Climate Action's Policy Statement. Trustee Silverstein seconded the motion and it passed with: 6 yes votes: Sparhawk, Bohmfalk, Kitching, Richardson, Silverstein, Yllanes RUEDIV WATER AND POWER AUTHORITY (RWAPA) BYLAWS will do so. Mark explained that RWAPA is still soliciting comments on the bylaws. RWAPA, a partnership of local governments, was created to represent the water interest of the Roaring Fork Valley governments. Ithas given the local govemments a voice concerning water issues (timing of releases, etc.). Overtime RWAPA's role has grown and they now oversee many water matters including the invasive species program in Ruedi Reservoir, they participated in the Valley Water Conservation Plan, etc. The Trustee Kitching stated that the purpose of reviewing RWAPA's Policy Statement is it Bylaws reflect their enhanced scope of work. deals with the entire valley watershed. Discussion ensued. Mayor Richardson would like to know if the contract water we have in Ruedi Reservoir Mark reviewed the changes they are making, or he would like to make, including: is being used to its best capacity. The Tributary creeks and rivers are not specifically mentioned -1 the Policy should Previously the Policy prohibited RWAPA from being involved in land use issues - The role of the Executive Director needs to be defined - the Executive Director is The Financial Agent and Executive Director should be two different people Members may withdraw from RWAPA immediately with written notice. The prior name the basin as a whole or list each tributary separately the changes allows involvement ini the role of land use issues There is antiquated language regarding construction an independent contractor Itshould be noted that RWAPA cannot take on debt Policy required a 90 day notice The policy doesn'taddress funding Mayor Richardson stated that he would like the Colorado River District to giver their Mayor Richardson would like to know the near term and long term financial implications perspective on the Policy if possible. for being a member of RWAPA. Trustee Meeting Minutes July 28,2020 Page 6 MISCELLANEOUS Trustee Bohmfalk asked for an update on the Crystal River Restoration Project. Jay stated that Pitkin County contributed $50,000 and it covers most of the remaining design work. DHM is exploring different grant opportunities. The project received a handicap access grant. The Town is doing the in-river work and the park and upland work. Physical work will not take place until next spring. Staff would like the Weaver Ditch improvements to take place sooner. There is a lot of grant work to do this fall. Trustee Bohmfalk stated that the Town's finances look surprisingly good considering the pandemic. Jay responded that people are shopping locally and we are not completely tourism dependent. We have not experienced a drop off in utility collection. The Town Mayor Richardson stated that the preliminary budget should allocate money to will soon see a decrease in user fees (Recreation Center, pool). communication. Jay thanked the Board for their support these past few weeks. ADJOURNMENT The July 28, 2020, regular meeting adjourned at 7:27 p.m. The next regularly scheduled meeting will be held virtually on August 11, 2020, at 6:00 p.m. APPROVED AND ACCEPTED R6 ATTEST: ARBONS SEAL COLORATP 3la Cathy Derby, Town Clerks