MINUTES REGULAR MEETING FEBRUARY 14, 2017 STUDENT OF THE MONTH  CARBONDALE BOARD OF TRUSTEES  Students from Carbondale Middle 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:  Cesar Torres  Maya Lindgren  CALL TOORDER:  Mayor Dan Richardson called the Board of Trustees Regular Meeting to order on  February 14, 2016 at 6:10 p.m. in the Town Hall meeting room.  ROLL CALL:  The following members were present for roll call:  Mayor Trustee  Dan Richardson Heather Henry Ben Bohmfalk Katrina Byars Marty Silverstein Frosty Merriott  Absent Trustee Staff Present:  Town Manager Town Clerk Town Attorney Planning Director Planner Public Works Director  Jay Harrington Cathy Derby Mark Hamilton Janet Buck John Leybourne Kevin Schorzman CONSENT AGENDA  Accounts Payable totaling $309,063.05 BOT 1/24/17 Regular Meeting Minutes  Liquor License Renewal & Tasting Renewal - WineTIme Resolution No. 2, Series of 2017 - FMLD Grant for LED Retrofits    Trustee Meeting Minutes February 14, 2017  Page 2  Chip Seal 2017 Contract  Crystal River Retail Marijuana Cultivation Renewal Application Environmental Board Recommendations for Board Reappointments Authorization for Mayor to Sign Senior Programs Contract Liquor License Renewal - White House Pizza  CONSENT AGENDA  Trustee Silverstein made a motion to approve the Consent Agenda. Trustee Henry  seconded the motion and it passed with:  5yes votes: Bohmfalk, Silverstein, Richardson, Henry, Byars  TRUSTEE SWEARING IN CEREMONY  Erica Sparhawk was sworn in as Carbondale Trustee. PERSONS PRESENT NOT ON THE AGENDA  There was no one present who wished to address the Board.  TRUSTEE COMMENTS  Trustee Silverstein stated that last weekend people marched for and against Planned Parenthood. He stated that there was tolerance for opposing viewpoints. Trustee Silverstein continued that elected officials need to uphold the Constitution and we need Trustee Byars stated that she wants the Board to work with RFTA to find a solution to Trustee Bohmfalk informed the Board that he went to the RFTA Board meeting where they are working on the Access Control Plan. He agrees with Trustee Byars that the Trustee Bohmfalk stated that he attended the BiePedestnan/rais Commission meeting where they discussed the proposed ordinance mandating bicyclists to dismount at the roundabout. They tabled the discussion because they felt that they do not have Mayor Richardson thanked the police for the work they did during the recent school lockdowns. The Mayor stated that the Town takes these kinds of threats seriously and Mayor Richardson thanked everyone who worked on First Friday, it was a great event.  to remind elected officials that with rights come responsibilities.  provide senior housing with public transportation.  Board should have a work session on increased mobility (buses).  enough information on the subject.  kids' safety is a top priority.    Trustee Meeting Minutes February 14, 2017  Page 3  Mayor Richardson stated that he attended Jeff. Jackel's retirement party, it was a really nice celebration. He also took a tour of the new Montessori School, participated ina a student interview at the Carbondale Community School and he met with the Carbondale Police Department (PD). He stated that he feels good with the approach the PD takes  when policing. ATTORNEY'S REPORT been completed.  The attorney informed the Board that the Town of Carbondale/Nieslanik land swap has PUBLIC HEARING - BLACK DOG, LLC-F RETAIL & MEDICAL MARIJUANA  CULTIVATION RENEWAL APPLICATIONS  Since there were no violations or complaints staff recommends approval of the renewal The applicant Steve Garcia suggested the Board appoint/hire someone to handle the odor mitigation, it would create collaboration amongst the cultivations. Mayor Richardson opened the meeting to public comment. There was no one present who wished to address the Board sO Mayor Richardson closed the public hearing. Cathy informed the applicant that they must begin cultivation within the year or their Trustee Byars made a motion to approve the retail and medical marijuana cultivation renewal applications for Black Dog, LLC. Trustee Bohmfalk seconded the motion and it  applications.  licenses will not be renewed next year.  passed with:  6yes votes: Richardson, Henry, Bohmfalk, Sparhawk, Silverstein, Byars PUBLIC HEARING = BLACK DOG, LLC - MEDICAL MARIJUANA DISPENSARY Since there were no violations or complaints staff recommends approval of the renewal Mayor Richardson opened the meeting to public comment. There was no one present who wished to address the Board sO Mayor Richardson closed the public hearing. Cathy informed the applicant that they must begin selling medical marijuana within the  RENEWAL APPLICATION  application.  year or their license will not be renewed next year.    Trustee Meeting Minutes February 14, 2017  Page 4  Trustee Byars made a motion to approve the medical marijuana dispensary renewal application for Black Dog, LLC. Trustee Silverstein seconded the motion and it passed  with:  6 yes votes: Henry, Bohmfalk, Sparhawk, Silverstein, Byars, Richardson MODIFICATION OF PREMISES APPLICATIONS - RX GREEN, LLC - RETAIL AND MEDICAL MARIJUANA INFUSED PRODUCTS ESTABLISHMENT The staff memo explained that the applicant made some minor changes to their premises prior to receiving permission to do sO. Staff recommends approval of the modification of premises applications to make the building compliant. Trustee Byars made a motion to approve RX Green, LLC's modification of premises applications for their retail and medical marijuana infused products establishment. 6 yes votes: Henry, Bohmfalk, Sparhawk, Silverstein, Byars, Richardson SPECIAL EVENT LIQUOR LICENSE - DUCKS UNLIMITED  Trustee Bohmfalk seconded the motion and it passed with:  Ducks Unlimited has applied for a Special Event Liquor License for their annual fundraiser to be held at the Orchard. All fees have been paid and the Police Department has reported no problems with the applicant or the premises. Trustee Silverstein made a motion to approve Ducks Unlimited Special Event Liquor License Application. Trustee Henry seconded the motion and it passed with: 6 yes votes: Byars, Merriott, Richardson, Silverstein, Sparhawk, Henry SPECIAL EVENT LIQUOR LICENSE - CARBONDALE ARTS - FASHION SHOW Carbondale Arts has applied for a Special Event Liquor License for their annual fashion show fundraiser to be held at the Carbondale Recreation Center. All fees have been paid and the Police Department has reported no problems with the applicant or the Trustee Byars made a motion to approve Carbondale Arts' Special Event Liquor License Application. Trustee Henry seconded the motion and it passed with: 6 yes votes: Merriott, Richardson, Silverstein, Sparhawk, Henry, Byars  premises.  SPACE TO CREATE DISCUSSION  Carbondale Arts Executive Director Amy Kimberly was present at the meeting.    Trustee Meeting Minutes February 14, 2017  Page 5  Amy explained that in 2016 Carbondale was designated as a Creative District. Asa result, the Town has been given the opportunity to apply to become a Space to Create. A Space to Create is a state program which facilitates the creation of affordable housing and working spaces for the creative sector. IfCarbondale is selected, the Town would need to commit upwards of $35,000. The Board unanimously supported the opportunity ORDINANCE NO.3, SERIES OF 2017 - APPROVING THOMPSON PARK PHASE2 Janet Buck explained that the Board previously approved the Thompson Park Phase 2 Subdivision Plat Application. The subdivision will consist of sixteen (16) multi-family units including three (3) affordable housing units. Ordinance No. 3 would memorialize approval of the Phase 2 Subdivision Plat and authorizes recordation of the plat. Staff Attorney David McConaughy, representing the applicant, asked the Board to consider removing the clause stating that the Town shall be awarded court costs in any action to enforce the Agreement or any associated ordinances or approvals against the Developer. The Board stated that they are not willing to delete the clause because it is int the previous development agreements and they want to be consistent. Trustee Byars made a motion to approve Ordinance No. 3, Series of 2017 approving the Thompson Park Subdivision Phase 2 and Phase 2 Subdivision Improvements Agreement. Trustee Silverstein seconded the motion and it passed with: 6yes votes: Byars, Richardson, Silverstein, Sparhawk, Henry, Bohmfalk RESOLUTION NO. 3, SERIES OF 2017 - APPROVING PETITION FOR  to apply for Space to Create.  AND SUBDIVISION IMPROVEMENT AGREEMENT  recommends approval of Ordinance No. 3, Series of 2017.  ANNEXATION  John Leybourne explained that the Town has received a Petition for Annexation. Per State statues the Board must determine if the petition is in compliance with the Municipal Annexation Act of 1965. If the petition is deemed complete then the Board must schedule a public hearing to determine if the proposed annexation is eligible for Trustee Byars made a motion to approve Resolution No. 3, Series of 2017, establishing ac date, time, and place for a public hearing to determine compliance with State statutes concerning an annexation petition submitted to the Town. Trustee Silverstein seconded  annexation.  the motion and it passed with:  6 yes votes: Henry, Silverstein, Byars, Sparhawk, Bohmfalk, Richardson    Trustee Meeting Minutes February 14, 2017  Page 6  TOWN ENGINEERING CONTRACT  Mayor Dan Richardson, an employee of SGM Engineering (one of the firms being  considered), recused himself and left the meeting. Trustee Byars presided as Mayor Pro Tem.  Kevin Schorzman informed the Board that in 2016 the Town solicited proposals for engineering services. Staff evaluated the proposals and interviewed three firms. The consensus of staff was to recommend the Board enter into a professional services Trustee Bohmfalk asked if we replace SGM will we be losing any institutional knowledge. Jay responded no. Kevin noted that RFE is in town and will be located Trustee Bohmfalk made a motion to authorize the Mayor to sign the five-year agreement for professional services with Roaring Fork Engineering. Trustee Sparhawk  agreement with Roaring Fork Engineering (RFE).  across the street from the proposed City Market project.  seconded the motion and it passed with:  5 yes votes: Silverstein, Henry, Bohmfalk, Byars, Sparhawk  Mayor Richardson returned to the meeting.  RFTA- LETTER SUPPORTING HB 17-1018 - EXTENDING RTA FOR 10 YEARS Jay explained that RFTA has requested that the Mayor consider signing a letter supporting a bill that would extend a law that authorizes a regional transportation authority to impose a mill levy. The current authorization sunsets in 2019. Jay noted that any property tax imposed by RFTA would need to be approved by the voters.  Discussion ensued.  The Board agreed to authorize the Mayor to sign the letter because a mill levy increase  would still need to be approved by the voters.    Trustee Meeting Minutes February 14, 2017 ADJOURNMENT  Page 7  The February 14, 2017, regular meeting adjourned at 8:10 p.m. The next regularly scheduled meeting will be held on February 28, 2017 at 6:00 p.m.  APPROVED AND ACCEPTED Ah Dan Richardson, Mayor  ATTEST;  CMION  SEAL COD  6 Cathy Derby, Town Çlerk