MINUTES REGULAR MEETING MAY9, 2017 STUDENT OF THE MONTH  CARBONDALE BOARD OF TRUSTEES  Students from Carbondale Middle School and Carbondale Community School were in attendance to receive the "Student of the Month" award. The following students were  awarded a Certificate of Achievement from Mayor Dan Richardson:  Allie Johnson Lily Nieslanik  Jesus Torres Mancinas  CALL TO ORDER:  Mayor Dan Richardson called the Board of Trustees Regular Meeting to order on May  9, 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 Frosty Merriott Katrina Byars Jay Harrington Cathy Derby Renae Gustine Kevin Schorzman John Leybourne CONSENT AGENDA  Staff Present:  Town Manager Town Clerk Finance Director Public Works Director Planner  Accounts Payable totaling $662,430.14 BOT 4/18/17 Work Session Minutes BOT 4/25/17 Regular Meeting Minutes    Trustee Meeting Minutes May 9, 2017  Page 2  Retail Marijuana Infused Products (MIPS) License Renewal Application Medical Marijuana Infused Products (MIPS) License Renewal Application  Colorado Product Services Colorado Product Services  Trustee Silverstein made a motion to approve the Consent Agenda. Trustee Byars 7j yes votes: Bohmfalk, Silverstein, Sparhawk, Richardson, Henry, Merriott, Byars  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 Friday's ever.  Trustee Silverstein stated that the May First Friday was one of the most successful First  Trustee Silverstein stated that May 10th is Bike to School Day.  Trustee Silverstein announced that May 13th is Dandelion Day and noted that Doc Philip Trustee Silverstein informed the Board that on May 24th Senior Matters is hosting a Trustee Silverstein commented that Waste Diversion Day was a huge success. Trustee Merriott stated that Dwyers Garden, a well-established local nursery has not been invited back to Dandelion Day because they don't use organic fertilizer. He would like the Environmental Board to develop criteria for retailers at this event. Trustee Merriott extended his thanks to the Carbondale police officers who administered Narcon to a person overdosing on heroin which saved their life. Trustee Merriott told the Board that he asked the Chamber if the Town should conduct a survey and the Executive Director asked what is the Town trying to find out. Trustee Henry stated that the Multi-Jurisdictional Affordable Housing Committee met with Bill Lamont and Dave Myler. They are working on a Request for Proposals for overall needs assessment. Trustee Henry stated we need to confirm our funding commitment. Jay stated that the Town has budgeted $40,000 from the Housing Fund  was instrumental in creating this event.  Volunteer Appreciation Party at 689 Main Street from 5-7 p.m.  but we do not anticipate it being that expensive.    Trustee Meeting Minutes May 9, 2017  Page 3  Trustee Bohmfalk stated that he would like to have more than one Waste Diversion Day Trustee Bohmfalk stated that he attended the BkkePedestnan/rais Commission meeting The safety priority routes have been added to the Town GIS map. Members of the Pitkin County Open Space Commission were at the meeting. They are planning to improve the parking and trails up Prince Creek. Trustee Bohmfalk noted that this is a Trustee Bohmfalk informed the Board that he wants to extend the Snowmass Drive trail from Sopris Ave. to Main St. Jay commented that this stretch of land is in the County and the policy has been to only make improvements within the Town's limits. Trustee Byars stated that she met with a woman concerning the lack of universal/ADA equipment in town parks. She stated that she wants the Town to create an accessible universal micro park. Jay noted that we have several pieces of ADA equipment but they are not all in the same park. Mayor Richardson stated that if Trustee Byars receives support for this project from the Parks and Recreation Commission he will support the Mayor Richardson congratulated the Marble Distillery for the recognition they received Mayor Richardson told the Board that he attended the CIRSA luncheon. He also attended an all-day battery operated bus workshop hosted by RFTA. Aspen may Mayor Richardson toured the Valley Settlement Project. Their mission is to integrate Anglo and Latino communities. They have a program where parent mentors help immigrant families integrate into the community. They also have a program that Mayor Richardson asked the Board if they would like to pursue developing a mechanism whereby Carbondale homeowners could voluntarily donate a small percentage of their home's sale to the Town. The revenue would be allocated to the Affordable Housing Fund. The majority of the Board agreed that staff should investigate  per year, and that we need to expand the options to divert waste.  huge amenity.  project as well.  for their water conservation efforts.  purchase eight (8) electric buses; they are pursuing a grant.  teaches people to cook nutritionally.  the feasibility of this idea. ATTORNEY'SF REPORT  The attorney was not present at the meeting.    Trustee Meeting Minutes May 9, 2017  Page 4  SPECIAL EVENT LIQUOR LICENSE - THUNDER RIVER THEATRE  Thunder River Theatre 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 Trustee Byars made a motion to approve Thunder River Theatre's Special Event Liquor License Application. Trustee Sparhawk seconded the motion and it passed with: 7yes votes: Sparhawk, Richardson, Silverstein, Merriott, Bohmfalk, Henry PUBLIC HEARING - CRYSTAL VILLAGE LOT A - MAJOR SITE PLAN REVIEW  no problems with the applicant or the premises.  Applicant: CBS Village Lane, LLC Location: Lot A, Crystal Village PUD  Planner Mark Chain and Applicant Brad Crawford were present at the meeting. John Leybourne stated that the. Applicant submitted an application for a Major Site Plan Review to allow seven (7) townhome units on Lot A in the Crystal Village PUD. On April 27th the Planning & Zoning Commission recommended approval. Mark stated that the Plan meets the set-back, height and parking requirements and meets all of the livability guidelines. The Site Plan is also consistent with the Comprehensive Plan. Staff  recommended approval. Discussion ensued.  Trustee Byars asked how much private open space is there. The Applicant responded Trustee Henry inquired about affordable housing. Mark responded that tonight the Trustee Bohmfalk asked the Applicant if they achieved the product they wanted under the Unified Development Code (UDC). The Applicant responded that the UDC requirements created a better product - the building is nicer looking. Mayor Richardson asked the Applicant if they agree to the conditions placed on the Trustee Henry stated that she is concerned about the building façade facing Hendrick Dr. The façade seems too big and it is out of scale with the neighborhood. She  30.3%, and it exceeds the amount required by the zone district. Board is considering the Site Plan, not the Housing Plan.  project, they do.  suggested adding a door or stoop to break up the mass.  Mayor Richardson opened the public hearing. There was no one present who wished to  address the Board so Mayor Richardson closed the public hearing.    Trustee Meeting Minutes May 9, 2017  Page 5  The Applicant addressed Trustee Henry's concern about the façade. He stated that possibly he can wrap the yard around or add a door. Trustee Bohmfalk stated that if you wrap the yard around the comer, the corner unit will appear to have all of the open space. Trustee Bohmfalk suggested making the corner landscaping - functional, perhaps Trustee Merriott stated he is going to have an issue approving a housing variance Mayor Richardson thanked the applicant for making the changes the Planning and Trustee Bohmfalk made a motion to approve the Major Site Plan Review and Major Plat  add a picnic table.  unless the applicant is creative. Zoning Commission recommended.  Amendment with the following conditions and findings:  Conditions:  1. All lighting shall be in compliance with Section 5.10 of the UDC (Exterior 2. The ownership and maintenance of the irrigation system shall be addressed in 3. All representations of the Applicant in written submittals to the Town or in public hearings concerning this project shall also be binding as conditions of approval. 4. The Applicant shall pay and reimburse the town for all other applicable professional and staff fees pursuant to the Carbondale Municipal Code. 5. That the Applicant shall receive approval from the Board of Trustees for the 6. The Applicant shall indicate adequate snow storage on the site plan. 7. The applicant shall provide greater variety with balconies referencing C.2.a.2of  Lighting).  the Development mprovements Agreement.  Housing Mitigation Plan.  the UDC.  Findings - Site Plan Review Criteria:  1. The site plan is consistent with the comprenensive Plan The site plan is 2. The site plan complies with all applicable development and design standards set 3. Traffic generated by the proposed development is adequately served by existing  consistent with the purposes section of the PUD;  forth in this Code; and streets within Carbondale. Findings - Major Plat Amendment  1. The final plat conforms to the approved preliminary plat and incorporates all recommended changes, modifications, and conditions attached to the approval of  the preliminary plat;    Trustee Meeting Minutes May 9, 2017  Page 6  2. The development substantially complies with all requirements of this Code; 3. The development will comply with applicable technical standards and  specifications adopted by the Town.  Trustee Sparhawk seconded the motion and it passed with:  7y yes votes: Bohmfalk, Merriott, Richardson, Henry, Silverstein, Byars, Sparhawk ROARING FORK HIGH SCHOOL (RFHS) - MENTAL HEALTH COUNSELOR  PROPOSAL  Trustee Bohmfalk disclosed that he works for the Roaring Fork School District but this RFHS Principal Drew Adams, Assistant Principal Kelsie Goodman, and Mental Health Drew stated that this past school year Andrea has counseled 100 of the 365 total Andrea described some of the issues the students faced and the time she spent  issue does not affect him.  Counselor Andrea Pazdera were present at the meeting.  student body. counseling them.  Mayor Richardson explained that we have budgeted $30,000 to fund the counselor sO if Trustee Bohmfalk suggested that we should have sustainable funding sO RFHS isn't Trustee Silverstein stated this is an extremely important service. Trustee Silverstein made a motion to approve the $30,000 funding for the School-Based Clinician program for the 2017-2018 school year. Trustee Henry seconded the motion and it passed with: 7y yes votes: Sparhawk, Bohmfalk, Merriott, Richardson, Henry, Silverstein, Byars Trustee Byars asked how RFHS deals with bullying. Kelsie explained that the school has six (6) core beliefs that dictate how people respond. They also have a peer  we approve funding it would be approving already allocated funding.  wondering if they will be funded every year.  counseling club.  THOMPSON DIVIDE LITIGATION  Inar memo to the Board, Special Counsel Mike Chiropolos, who represents the Town on Thompson Divide litigation matters, asked if the Town wants toj join Pitkin County Wilderness Workshop in their stand-alone complaint challenging BLM's decisions    Trustee Meeting Minutes May 9, 2017  Page 7  granting suspensions of SG's 18 leases in the Thompson Divide before the leases were cancelled by BLM's 2016 Lease NEPA decision. Ifthe Town decides to join the Trustee Byars made a motion to join Pitkin County and Wildemess Workshop in a stand-alone complaint challenging BLM's decisions granting suspensions of SG's 18 leases in the Thompson Divide before the leases were cancelled by BLM's 2016 L Lease NEPA decision. Trustee Silverstein seconded the motion and it passed with: 7yes votes: Bohmfalk, Merriott, Richardson, Henry, Silverstein, Byars, Sparhawk  litigation it will do sO as a co-plaintiff.  BALLENTINE HOUSING MITIGATION PLAN Applicant Rick Balentine was present at the meeting.  John Leybourne explained that the applicant has resubmitted their housing mitigation plan that proposes 27 units in both Building A and Building B. The applicant is proposing to have five (5) resident occupied (RO) units (4 RO units are required) and The Applicant is requesting a variance to restrict the AMI units to Category 1 and 2 rather than including Categories 3 and 4. The Code states that the Board may grant a variance when it is deemed to be in the best interest of the community and when it furthers the overall goal of promoting affordable housing in a manner which meets or  six (6). AMI units (5 AMI units are required).  exceeds the requirements.  Staff recommended approval of the variance.  The Applicant informed the Board that he wants to change the proposed five (5) RO units to four (4), and the six (6) AMI units to five (5) which would be a loss of two (2)  affordable housing units. Discussion ensued.  The Board told the Applicant that they were extremely disappointed with the new Trustee Byars stated that the change is a curveball and she felt the item should be continued to a future meeting so the Board would have time to contemplate the change. Trustee Bohmfalk commented that it feels like a horse trading process and he doesn't The Board agreed to require the applicant to build six (6) AMI units in Category 1 and 2,  proposal and the lack of notification.  like it.  and four (4) RO units.    Trustee Meeting Minutes May 9, 2017  Page 8  Trustee Silverstein made a motion to approve the Housing Mitigation Plan requiring six (6). AMI's and four (4) RO units be built on Lot 12B of the Kay PUD, and to approve the requested variance to restrict the AMI Units as Category 1 and 2, 80% and 100% respectively. Trustee Merriott seconded the motion and it passed with: 6 yes votes: Merriott, Bohmfalk, Henry, Silverstein, Sparhawk, Richardson  1 abstain: Byars  OLD LANDFILL REMEDIATION CONTRACT  Kevin Schorzman explained that the Town discontinued use of its landfill in the early 1990's. A closure plan was submitted to the Colorado Department of Public Health and Environment (CDPHE) in 1992. THE CDPHE approved the plan and inspected the property. However, it was discovered that final approval of the closure was never documented. In 2014, the Town was notified by the owners that sink holes were developing in the cap of the old landfill. This year the CDPHE and the owner approved the Town's plan to mitigate the sink holes. Canyon Excavating's bid of $26,192 was the lowest quote received. Funds were allocated in the 2017 budget for this work. Trustee Sparhawk made a motion to approve the quote from Canyon Excavating. LLC, and authorize the Mayor to execute the attached agreement with Canyon Excavating, 7y yes votes: Byars, Richardson, Silverstein, Sparhawk, Henry, Bohmfalk, Merriott DISCUSSION ON COLORAOD PUBLIC ARTS COMMISSION SPONSORSHIP Trustee Silverstein explained that recently a business was willing to purchase an app that describes the Art Around Town sculptures. In return they asked that a small plaque with their name be placed on the sculpture base. CPAC has since decided to pay for the app to see ifi iti is popular. However, it became apparent that the Town does not have a policy on sponsorships. Currently every sponsorship comes before the board  LLC. Trustee Byars seconded the motion and it passed with:  and is considered on an individual basis.  Discussion ensued. change it.  Trustee Merriott stated the way we decide sponsorships is working now sO we shouldn't Trustee Byars stated that she would only support placing a permanent sponsorship on Trustee Henry asked that sponsorships in the parks should be decided by the Parks  Town property if it has significant community benefit.  and Recreation Commission while they are trying to raise funds.    Trustee Meeting Minutes May 9, 2017  Page 9  Trustee Byars made a motion that every request for permanent recognition must come to the Board of Trustees for review and approval. Trustee Silverstein seconded the 7y yes votes: Richardson, Silverstein, Sparhawk, Henry, Bohmfalk, Merriott, Byars  motion and it passed with:  ADJOURNMENT  The May 9, 2017, regular meeting adjourned at 8:55 p.m. The next regularly scheduled  meeting will be held on May 23, 2017, at 6:00 p.m.  APPROVED AND ACCEPTED AAE  Dan  ATTEST:/ BA  E SEAL COLORADO  Cathy Derby, TowrClerk