MINUTES REGULAR MEETING FEBRUARY 12, 2019  CARBONDALE BOARD OF TRUSTEES  Mayor Dan Richardson called the Board of Trustees Regular Meeting to order on  February 12, 2019, at 6:00 p.m. in the Town Hall meeting room.  STUDENT OF THE MONTH  Students from Carbondale Community School and Ross Montessori School were in attendance to receive the "Student of the Month" award. The following students were  awarded a Certificate of Achievement from Mayor Richardson:  Chase Campbell Cristian Gomez  Taylor Rubinstein Charlotte Grobler  ROLL CALL:  The following members were present for roll call:  Mayor Trustees  Dan Richardson Marty Silverstein Erica Sparhawk Lani Kitching Ben Bohmfalk Marty Silverstein Heather Henry  Absent Staff Present: Town Manager Town Clerk Finance Director Town Attorney Planning Director  Jay Harrington Cathy Derby Renae Gustine Mark Hamilton Janet Buck CONSENT AGENDA  Accounts Payable totaling $235,122.66 BOT 1/22/2019 Regular Meeting Minutes    Trustee Meeting Minutes February 12, 2019  Page 2  Liquor License Renewal - Peppino's Liquor License Renewal - Winetime Liquor License Renewal - 7Eleven Tasting Permit Renewal - Winetime Board of Adjustment - Appointment of Alternates Contract with DHM - Crystal River Restoration Project  Trustee Silverstein made a motion to approve the Consent Agenda. Trustee Yllanes 6 yes votes: Richardson, Yllanes, Bohmfalk, Silverstein, Sparhawk, Kitching  seconded the motion and it passed with:  PERSONS PRESENT NOT ON THE AGENDA  There was no one present who wished to address the Board.  TRUSTEE COMMENTS  Trustee Silverstein stated that he attended the Sopris Sun's 10"anniversary party. Also, he attended the Mt. Sopris Riders benefit. They groom the trails which are open Trustee Sparhawk stated that she testified on a vaping bill in the Denver House Committee. The bill passed in the House. The bill goes to the Senate on Thursday. Ifit passes the Bill will allow counties to raise the age limit to purchase tobacco products and would remove the penalty on the share back tax if you license tobacco. Trustee Sparhawk also attended the Colorado Communities for Climate Action meeting. They discussed an option that will allow utility companies to accelerate the closing of Trustee Kitching attended the Senior Matters meeting; they are grateful for the Town's grant. On March 14th they are having a gathering at the Third Street Center. CLEER will be there to discuss their energy efficiency program for seniors. Electric vehicles will be a future gathering topic. On March 28th there will be a discussion on CBD's use for Trustee Kitching attended the CoVenture soft opening; she was very impressed with Trustee Kitching will be attending the Crystal River Workshop. They will be discussing an initiative that targets the upper reaches of the Crystal River. Trustee Kitching also attended the Garfield County' Water Forum. They thanked the Town for the 250 feet water contribution during the summer drought.  to everyone, and they don't ask the Town for money.  their coal fired power plants.  medical conditions at Crystal Meadows.  their programming and the remodel of the building.    Trustee Meeting Minutes February 12, 2019  Page 3  Trustee Kitching attended the Rocky Mountain Health Foundation meeting which came about from the sale of the Rocky Mountain Health Plan to United Health Care. The sale resulted in a $4 million fund that will live in perpetuity. Of the $4 million, $1 million will Trustee Yllanes stated that CPAC is jurying sculptures. The sculptures will be changed Trustee Yllanes also stated that the Parks and Recreation Commission will be hosting an open house tomorrow on the North Face Master Plan which includes the installation Trustee Bohmfalk attended the ike/Pedesmnan/rals Committee meeting where they Trustee Bohmfalk also attended the CoVenture soft opening; a lot of good things are Mayor Richardson informed the Board that he spoke at the Garfield County Republicans meeting. The topic was Vacation Rentals By Owners (VRBO's) and he believes the Mayor Richardson attended Jim Calaway'smemorial. It was uplifting and there was a Mayor Richardson attended the Garfield County Commissioners meeting. He thanked  be given to western slope health related non-profits. out in May and the opening is scheduled for. June 6th.  of pickleball courts.  discussed Meadowood Drive improvements.  happening there.  Town is on the right policy course.  great turn out.  them for their continued support of protecting Thompson Divide. Mayor Richardson wished the Sopris Sun Happy Birthday.  Mayor Richardson spoke with Michael Lowe, Executive Director of CoVenture, about scheduling Board meetings. Michael wants to schedule the Board meetings on a to be determined Monday afternoon at 4:00 p.m. Trustee Bohmfalk volunteered to be the Trustee Sparhawk stated that she attended Senator Bennett's news conference  Board representative.  announcing his proposed Thompson Divide legislation.  ATTORNEY'S COMMENTS  The attorney did not have any comments.    Trustee Meeting Minutes February 12, 2019  Page 4  SPECIAL EVENT LIQUOR LICENSE - DUCKS UNLIMITED  Ducks Unlimited has applied for a Special Event Liquor License for an event to be held at the Orchard. All fees have been paid and the Police Department has reported no Trustee Sparhawk made a motion to approve Ducks Unlimited's Special Event Liquor License. Trustee Kitching seconded the motion and it passed with: 6 yes votes: Kitching, Bohmfalk, Silverstein, Sparhawk, Richardson, Yllanes SPECIAL EVENT LIQUOR LICENSE - CARBONDALE ARTS - FASHIONS SHOW Carbondale Arts has applied for a Special Event Liquor License for their annual fashion show to be held at the Recreation Center. All fees have been paid and the Police Department has reported no problems with the applicant or the premises. Trustee Sparhawk made a motion to approve Carbondale Arts' Special Event Liquor License. Trustee Yllanes seconded the motion and it passed with: 6. yes votes: Bohmfalk, Silverstein, Sparhawk, Richardson, Yllanes, Kitching ORDINANCE NO. 3, SERIES OF 2019 AND DEVELOPMENT MPROVEMENT  problems with the applicant or the premises.  AGREEMENT - MAIN STREET MARKETPLACE Applicant: Crystal River Marketplace, LLC Location: Lot1, Carbondale Marketplace Subdivision  Planner Bob Schultz and developer Briston Peterson were present for the meeting. On November 27, 2018, the Board approved the Main Street Marketplace application and asked staff to prepare approval documents for the Board's consideration. The Main Street Marketplace proposal is for a mixed-use development with about 10,000 sq. ft. of commercial space and 115 residential dwelling units on the 5.37 acre parcel. The property is Lot 1 of the Carbondale Marketplace Subdivision which is located at the northwest corner of Highway 133 and Main Street, behind the 7-Eleven store. All of the residential units would be rentals. 20% of the rentals would be deed Janet recommend approval of Ordinance No. 3, Series of 2019, and the Main Street  restricted.  Marketplace Development improvements Agreement.  Discussion ensued.    Trustee Meeting Minutes February 12, 2019  Page 5  Jay added that due to the proposed phasing staff negotiated a security for restoration of Mayor Richardson asked if the restoration language is too vague. Mark responded that clause 4h states that if progress seizes for an extended period of time that the security will be used to move machinery, for dust management, etc. Briston stated that he is clear on the meaning of restoration. He wants the project to be left in a state that makes it marketable and he does not want to threaten public safety. Bob Schultz noted that providing security for restoration is not in the Municipal Code. If itis going to become a new policy then an effort should be made to create a definition. Trustee Kitching made a motion to approve Ordinance No. 3, Series of 2019 and the Main Street Marketplace Development Improvements Agreement. Trustee Silverstein 6J yes votes: Silverstein, Richardson, Bohmfalk, Kitching, Yllanes, Sparhawk Briston gave an update on the Main Street Marketplace/City Market construction. The project has been shut down for winter. Gould Construction was hired to do the utility work. City Market is fulfiling all of their obligations. They are in the process of upgrading the store's design. They are scheduled to break ground in June, and open in late 2020. First Bank will be mobilizing February 25th and there is a ground breaking ceremony on February 26th. In March a fair amount of work will take place on the Rockford Ditch and West Main Street will be reduced to one lane of traffic.  the site ifit is partially finished or stalls.  seconded the motion and it passed with:  SCHEDULING MARCH SECOND,MEETING  Due to the March spring break, the Board discussed cancelling the March 26, 2019, meeting and changing the March 19, 2019 work session to a special meeting. Trustee Silverstein made a motion to cancel the March 26, 2019 Board of Trustee meeting and change the March 19, 2019 work session to a special meeting. Trustee 6 yes votes: Kitching, Bohmfalk, Silverstein, Sparhawk, Yllanes, Richardson  Kitching seconded the motion and it passed with:  VCAPS - 2019 BUDGETED ITEMS  In September, 2018, Carbondale hosted the Western Water Assessment (WWA) group. They conducted a Vulnerability, Consequences, Adaptation, Planning Scenarios (VCAPS) pilot program workshop. The workshop resulted in an extensive report that will support the Town in taking actions to mitigate drought and climate change through  combined regional efforts in the greater Roaring Fork Valley.    Trustee Meeting Minutes February 12, 2019  Page 6  In. January 2019, the Trustees requested a breakdown of VCAPS related projects included in the 2019 budget. An extensive list of projects is included in the Trustee packet. The projects address: reduced runoff, stress on the ecosystem, fires, reduced water supply, more concentrated waste water solids, decrease in tourism (due to drought), reduced irrigation for town facilities, reduced agriculture irrigation out of town,  and a possible call on the Nettle Creek.  Discussion ensued.  Mayor Richardson noted that it may be beneficial to use climate mitigation when considering most budget decisions. The board could ask does the proposed project Trustee Bohmfalk stated we appear to be focused on supply and we need to approach how to reduce consumption. He asked should we spend enterprise funds on finding ways to reduce demand. Should we make the Unified Development Code more aggressive in requiring lower water consumption (landscaping, etc.).  help or hinder climate mitigation.  Trustee Sparhawk suggested that we focus on communcatoneducating citizens. The Board agreed that the VCAPS power point should be condensed. It should then be put on the website along with Angie's memo (provided in the packet) and both should be used for presentations (Chamber, etc.) The Board agreed that the Environmental Board, Parks and Recreation Commission, and the Tree Board should review the memo and power point and use them when they are preparing their future work plans.  Staff will provide water updates on a regular basis.  EXECUTIVES SESSION - LITIGATION UPDATE REGARDING KIERNAN AND At 7:47 p.m. Trustee Bohmfalk made a motion to go in to an executive session fora conference with the town attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402/4)(b). Trustee Yllanes seconded the 6. yes votes: Yllanes, Richardson, Silverstein, Sparhawk, Bohmfalk, Kitching At 8:37 p.m. Trustee Bohmfalk made a motion to adjourn the executive session and return to the regular meeting. Trustee Sparhawk seconded the motion and it passed 6 yes votes: Richardson, Silverstein, Sparhawk, Bohmfalk, Kitching, Yllanes  TUMBLEWEED CASES  motion and it passed with:  with:    Trustee Meeting Minutes February 12, 2019 ADJOURNMENT  Page 7  The February 12, 2019, regular meeting adjourned at 8:40 p.m. The next regularly scheduled meeting will be held on February 26, 2019, at 6:00 p.m.  APPROYEDAMPAGEPTED LC Dan Richardson, Mayor  ATTEST:  Cathy Derby, Town Çlerk CLes  E . SEAL CCLORADO