MINUTES REGULAR MEETING JUNE 13, 2017  CARBONDALE BOARD OF TRUSTEES  Mayor Dan Richardson called the Board of Trustees Regular Meeting to order on June  13 2016, at 6:10 p.m. in the Town Hall meeting room.  ROLL CALL:  The following members were present for roll call:  Mayor Trustees  Dan Richardson Heather Henry Ben Bohmfalk Marty Silverstein Erica Sparhawk Katrina Byars Frosty Merriott Jay Harrington Cathy Derby Renae Gustine Mark Hamilton Kevin Schorzman Janet Buck  Arrived after Roll Call Trustees Staff Present: Town Manager Town Clerk Finance Director Attorney Public Works Director Planning Director  Trustees Merriott and Byars arrived at the meeting.  CONSENT AGENDA  Accounts Payable totaling $204,057.55 BOT 5/16/17 Work Session Minutes BOT 5/23/17 Regular Meeting Minutes Liquor License Renewal = Sopris Liquor & Wine Best & Brightest Intern 2017-2019 Grant Agreement Lot 12B Fifth Amendment to Community Housing Agreement Airbnb Voluntary Collection Agreement  Trustee Bohmfalk made a motion to approve the Consent Agenda. Trustee Silverstein  seconded the motion and it passed with:    Trustee Meeting Minutes June 13, 2017  Page 2  7 yes votes: Bohmfalk, Silverstein, Byars, Sparhawk, Richardson, Henry, Merriott  PERSONS PRESENT NOT ON THE AGENDA  Pat Kiernan, S. Third St., explained that he obtained a building permit and it was revoked by the Board of Adjustment (BOA) after the Town received an appeal from community members. He stated that he believes the process was not just and he wants a fair and equitable resolution to this matter. He requested an appeal hearing before Mark Hamilton explained that according to the Municipal Code, the Trustees are not the final appeal board. Pat must appeal the decision to the Garfield County District Court. The permit was revoked because the BOA unanimously agreed that the design didn't comply with the OTR design criteria, and a landscape plan and solar shading plan were not submitted. Mark said that all Pat has to do is change the design and he would have aclear path forward. Mark noted that the majority of the fees will be returned with the exception of the plan review fees as the building official put an extensive amount of time The Board agreed that they should not consider an appeal of Pat Kiernan's building  the Trustees.  in to the review. permit.  TRUSTEE COMMENTS  Trustee Silverstein stated that the Carbondale Public Arts Commission Art Walk Around Town was really successful and the app describing the sculptures has been popular as well. They had their reception at the Launch Pad and it was well attended. Trustee Silverstein stated that the June First Friday was probably the biggest of the Trustee Silverstein informed the Board that the Sierra Club has named Marble Distillery Trustee Silverstein stated that the first Summer of Music concert was extremely successful. They raised $237, enough to broadcast the next concert live on KDNK. Trustee Byars informed the Board that she is moving out of Carbondale and will be resigning at the end of the month. She said that it has been an honor, and an Trustee Merriott stated that he thinks the Board should be more educated on the proposed trail to Crested Butte and the addition of some new trails up Prince Creek.  year.  as one of the top five (5) water conservation businesses.  extraordinary opportunity to serve the community.    Trustee Meeting Minutes June 13, 2017  Page 3  Trustee Merriott informed the Board that the City of Aspen has raised the age to purchase cigarettes to 21. He told the Board that he would like the Board to consider Trustee Merriott stated that only 19 states haves laws against leaving children in hot cars. He asked if a dog is left in a hot car do we have the right to break the window? Jay suggested calling the police first. Jay will investigate what laws the Town has on Jay told the Board that if we raise the age to purchase cigarettes to 21 we will forgo the tobacco tax revenue we receive and we will need to enforce the law locally. Jay will forward the City of Aspen staff memo to the Board which addressed the age increase. Trustee Merriott asked how much will it cost for the Town to purchase wind power to cover all Town utilities. Jay responded that it would require a huge analysis because Trustee Merriott announced that the Environmental Bill of Rights meeting has been Trustee Bohmfalk stated that he and Garfield County Commissioner Jankousky are working on the Snowmass Drive trail. He will give the Board an update in the near Trustee Bohmfalk informed the Board that the kePedestnan/rais Commission did not have a quorum for their last meeting. They may not meet again for a few months. Trustee Bohmfalk stated that one of their goals is to make sharrows more consistent. Trustee Bohmfalk stated that he met recently with a Blue Lake Preschool representative. They are looking to form a coalition and they willi identify ways the Town Trustee Bohmfalk addressed Trustee Merriott's comments about becoming educated on the proposed Crested Butte and Prince Creek trails. He told Trustee Merriott that Pitkin County held a well-attended open house on the trails two (2) months ago. Trustee Bohmfalk stated that they have not laid out the Crested Butte trail. Trustee Sparhawk told the Board that new windows have been installed in the Third Mayor Richardson stated that he attended the Senior Matters volunteer appreciation Mayor Richardson state that a few senior housing residents attended his Mayor's coffee. They told the mayor that the Town needs a recycling center. Mayor Richardson  raising the age to purchase cigarettes to 21.  leaving children/dogs in al hot car.  there are several different rate tiers.  scheduled for June 15th from 5:00 pm - 7:00 pm at Town Hall.  future.  can help with child care issues.  Street Center. reception.    Trustee Meeting Minutes June 13, 2017 in general.  Page 4  would like the Environmental Board to consider a recycling center and waste diversion Mayor Richardson stated that he attended the RFTA Board meeting. Adoption of the Access Control Plan has been delayed until July. They are pursuing a grant to purchase eight (8) electric buses. The RE-1 School District has re-designed the intersection at County Road 154 which should improve the mobility of the area. RFTA has made a five (5) year commitment to the WeCycle program. The Carbondale senior housing project is requesting a modification of the Access Control Plan. RFTA has  scheduled a Board retreat for late summer. ATTORNEY'S COMMENTS  The attorney did not have any comments.  SPECIAL EVENT LIQUOR LICENSE - CARBONDALE ROTARTY CLUB  Carbondale Rotary Club has applied for a Special Event Liquor License for an event to be held at the Fire Department. All fees have been paid, and the Police Department Trustee Silverstein made a motion to approve Carbondale Rotary Club's Special Event Liquor License Application. Trustee Byars seconded the motion and it passed with: 7 yes votes: Sparhawk, Richardson, Silverstein, Merriott, Byars, Bohmfalk, Henry PUBLIC HEARING - ORDINANCE NO. 9, SERIES OF 2017 - KDNK AMENDMENT Applicant: Robert Schultz Consulting for Carbondale Community Access Radio Bob Schultz, Andy Korber and Gavin Dahl, representing KDNK, were present at the Janet Buck explained that Carbondale Community Access Radio dba KDNK has submitted an application to rezone their building from Residential High Density (R/HD) to Historic Commercial Core (HCC). Because they are located in the R/HD they are unable to hold special events and membership gatherings. The Planning and Zoning Commission held a public hearing on this application in April where they unanimously recommended approval. Staff also recommends approval of the application.  has reported no problems with the applicant or the premises.  TO COMPREHENSIVE PLAN AND REZONING  Location: 76 S. Second Street  meeting.  Discussion ensued.  Bob, Andy and Gavin told the Board that they approached their neighbors about the  zoning change and they were met with no objections.    Trustee Meeting Minutes June 13, 2017  Page 5  Trustee Sparhawk disclosed that her brother is an adjacent homeowner. Bob said they Mayor Richardson opened the meeting to public comment. There was no one present Trustee Byars stated she is concerned with future development and how the zones would fit together. Bob explained that the Unified Development Code has very specific regulations on commercial properties that back up to residential properties. Trustee Sparhawk made a motion to approve Ordinance No. 9, Series of 2017, approving the amendment to the Comprehensive Plan and the rezoning from R/HD to HCC zone district with the following recommended conditions and findings:  talked to him and he did not have any issues with the rezoning.  who wished to address the Board.  CONDITIONS:  1. All other representations of the Applicant in written submittals to the Town or in public hearings concerning this project shall also be binding as conditions of 2. The Applicant shall also pay and reimburse the town for all other applicable professional and staff fees pursuant to the Carbondale Municipal Code.  approval.  FINDINGS:  Findings - Amendment to the Comprehensive Plan  The Comprehensive Plan should be amended to reflect the current commercial use of the land. The use of the land as a public radio station meets the goals in the  Comprehensive Plan as follows:  1. The public radio station builds on Carbondale's economic strengths to cultivate a 2. KDNK enhances the Town as a destination for arts, performance, festivals, and 3. The public radio station supports and contributes to public art in its current 4. Public radio enriches the arts and culture, special events, and performances that  unique role in the regional economy.  performance events. downtown location.  inspire civic pride, volunteerism and unity.    Trustee Meeting Minutes June 13, 2017 Findings - Rezoning  Page 6  1. The rezoning will promote the public health, safety, and general welfare. 2. The amendment would be consistent with the proposed Comprehensive Plan amendment as this area is the historic center of commerce, culture, civic life, and celebrations-the heart of the community. The designation calls for downtown commercial and institutional uses, including offices and entertainment. The purposes stated in this Unified Development Code have been met. 3. The amendment is consistent with the stated purpose of the proposed zoning district, specifically, public radio contributes to the unique commercial area and 4. The rezoning will not result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and 5. The rezoning will not result in material adverse impacts to other property  provides complimentary commercial to the downtown;  vegetation, or such impacts will be substantially mitigated. adjacent to or in the vicinity of the subject property.  6. Facilities and services (including roads and transportation, water, gas, electricity, police and fire protection, and sewage and waste disposal, as applicable) are available to serve the subject property while maintaining adequate levels of  service to existing development.  Trustee Byars seconded the motion and it passed with:  7j yes votes: Henry, Silverstein, Byars, Sparhawk, Bohmfalk, Merriott, Richardson  HISTORIC GARFIELD COUNTY MILL LEVY INITIATIVE  Matt Annabel, a member of the Historic Garfield County Citizens Initiative, informed the Board that they would like to create a permanent and stable funding source to finance Garfield County's historic preservation and heritage tourism opportunities. They are requesting that the Garfield County Commissioners place a question concerning a mill levy tax increase of .00045 mills on the November ballot. The Commissioners will decide on July 10th if the tax increase question willl be placed on the November ballot. RESOLUTION NO.5, SERIES OF 2017 - ADOPTION OF CLIMATE ACTION PLAN Trustee Sparhawk presented Resolution No. 5, Supporting Clean Energy Future and Adopting Clean Energy Targets. She said that this is an opportunity to capture history.  We are taking a stand on world agreements.    Trustee Meeting Minutes June 13, 2017 Discussion ensued. Climate Action Plan."  Page 7  Jay noted that the Resolution title needs to be revised sO it includes "Adoption of the Trustee Henry stated that she appreciates how the Resolution brings together all aspects of energy saving plans. The vast majority of citizens can agree to the Plan. Trustee Merriott would like to add the Commercial Green Building Code. Trustee Bohmfalk stated we need to make sure that all of the plans have the same Trustee Byars stated this is profoundly progressive, we are setting the bar. She likes the historical tie-in and that we are taking a leadership role even though we are tiny. Trustee Sparhawk made a motion to approve Resolution No. 5, Series of 2017, Supporting A Clean Energy Future And Adopting Clean Energy Targets with the following amendments: add approval of Climate Action Plan to the Title, add commercial statistics, remove the Paris Accord, and add a clause stating that Carbondale was the first community on the Western Slope to Adopt a Green Commercial Code. Trustee 7y yes votes: Bohmfalk, Merriott, Richardson, Henry, Silverstein, Byars, Sparhawk RESOLUTION NO.6. SERIES OF 2017- AMENDING APPENDIX AC OF THE MUNICIPAL CODE AND ORDINANCE NO. 10, SERIES OF 2017 AMENDING Kevin explained that after three (3) meetings on water rate increases and tap fee increases the Board directed staff to prepare a resolution for utility rate increases consistent with direction from the Board at past meetings. Kevin stated we need to include Ordinance 10 because tap fees are listed in the body of the Municipal Code, not The increase puts us back on track to get back to a yearly 3% increase to cover future infrastructure expenses. The increase is sustainable and doable. A letter and information sheet on the rate increase will be included in the water bills. Trustee Byars stated that she appreciates the gradual increase.  target ori it will create confusion.  Byars seconded the motion and it passed with:  SECTION 13-3-30 OF THE MUNICIPAL CODE  in the Appendix.  Trustee Silverstein made a motion to adopt Resolution No. 6, Series of 2017, Amending Appendix A of the Carbondale Municipal Code, and Ordinance No. 10, Series of 2017, Amending Section 13-3-30 of the Carbondale Municipal Code. Trustee Henry  seconded the motion and it passed with:    Trustee Meeting Minutes June 13, 2017  Page 8  7yes votes: Merriott, Bohmfalk, Henry, Silverstein, Sparhawk, Byars, Richardson  MISCELLANEOUS  The Board listed items they would like to discuss at the June 20, 2017, joint meeting  with the Garfield County Commissioners. The items include: Funding from the Road and Bridge Mill Levy for 2018 Update on the Proposed 40 Acre Development at Cattle Creek Discussion on Unprotected Open Space Surrounding Carbondale  Mull-jurisdictional Housing Lack of Detoxification Resources  ADJOURNMENT  The June 13, 2017, regular meeting adjourned at 8:35 p.m. The next regularly scheduled meeting will be held on June 27, 2017, at 6:00 p.m.  APPROVED AND ACCEPTED A6  Dan CAROI SEAL COLORADO  ATIES  B0  Cathy Derby, Town Clerk