HE TOVH_OF BUENA VISTA cO  MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES  REGULAR MEETING Tuesday, April 23, 2024  MINUTES OF THE MEETINGS OF THE BOARD OF TRUSTEES ARE A TRANSCRIPT OF THE GOVERNING BODY'S ACTIONS RATHER THAN A VERBATIM RECORD OF DELIBERATIONS. An in-person/virtual regular meeting of the Board of Trustees was called to order by Mayor Libby Fay at 7:00 PM, Tuesday, April 23, 2024, at the Buena Vista Community Center, Pinon Room, 715 E. Main Street, Buena Vista, Colorado, having been previously noticed in  accordance with the Colorado Open Meetings Law.  ROLL CALL  Attendee Name Libby Fay Sue Cobb Peter Hylton-Hinga Gina Lucrezi Andrew Rice Devin Rowe Cindie Swisher  Title Mayor Trustee Trustee Trustee Trustee Trustee Trustee  Status Present Present via Zoom Absent Present Present Present Present  Town Staff Present: Town Administrator Brian Berger Town Treasurer Phillip Puckett Public Works Director Shawn Williams Recreation Director Shane Basford via Zoom PLEDGE OF ALLEGIANCE Mayor Fayl led the pledge of allegiance. PROCLAMATION  Town Attorney. Jeff Parker via Zoom Planning Director. Joel Benson Town Clerk Paula Barnett Airport Manager Jack Wyles via Zoom  Mayor Fay read the proclamation declaring May 2024 Historic Preservation Month.  BOARDO OF TRUSTEES OF1 THE TOWNO OF BUENAVISTA  Page 1of10 April2 23, 2024  Regular Meeting    AGENDA ADOPTION MOTION NO. 01:  MOVE TO APPROVE THE AGENDA.  RESULTS MOVER SECONDER: AYES:  CARRIED Trustee Rice Trustee Lucrezi  Cobb, Lucrezi, Rice, Rowe, Swisher  CONSENT AGENDA  Approval of matters that are routine in nature that require review and/or approval, ie., minutes andi reports. (Professional. Service. Agreements [PSA] that exceed. $25,000.00r require the Consent  Agenda to be approved by a Roll Call vote).  A. Minutes  1. Board of Trustees Regular Meeting = April 9, 2024 2. Tree Advisory Board - March 7, 2024 3. Planning & Zoning Commission - April 3, 2024  B. Town Clerk Report  MOTION NO. 02:  MOVE TO APPROVE THE CONSENT AGENDA.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rowe  Cobb, Lucrezi, Rice, Rowe, Swisher  OATH OF OFFICE OF AND SEATING OF INCOMING TRUSTEES Huyck and Trustee Rosenoer took their seats on the dais.  Maggie Huyck, Micha Rosenoer, Andrew Rice, and Devin Rowe completed the Oaths of Office forwhich they were elected int the Town of Buena Vista, April2, 2024 Municipal Election. Trustee  PUBLIC COMMENT  Justin Kurth, Regional Director for Congresswoman Brittany Pettersen, gave the Board an update on current legislation and projects that Pettersen is involved in.  PRESENTATIONS  Chaffee Housing Authority Update  Chaffee Housing Authority (CHA) Executive Director Ashley Kappel updated the Trustees on the development projects they are involved with, education, public relations and advocacy  goals, programming, and budgeting and funding sources.  BOARD OF TRUSTEES OF THE TOWN OF BUENAVISTA  Page 2of10 April 23,2024  Regular Meeting    Kappel reported that CHA plans to pursue two ballot measures on the November 2024 ballot: al ballot measure to implement a modest sales taxi increase and a ballot measure to eliminate Kappel stated that Chaffee County is facing al housing crisis of unprecedented proportions, and CHA's proposed ballot measures represent a proactive approach to securing the resources needed to address this crisis head-on and provide the community with the housing solutions it deserves. CHA proposes a 0.50 percent (half percent) sales taxi increase within Salida, Buena Vista, and unincorporated Chaffee County with a 10-year sunset provision. CHA estimates this will generate $3.5 million annually through 2035. The funds will go toward CHA programs and projects to bolster affordable housing and housing security within the community. The de- brucing measure would allow CHA to keep state, local, and grant funding and intergovernmental revenues above the constitutional TABOR caps while not increasing or changing existing taxes and has no impact on County taxpayers or property owners. Kappel stated the 2024 CHA: survey showed that 59 percent of respondents supported a 0.50 percent sales tax. CHA plans to start public outreach toi inform residents about the TABOR circumstances and the ballot measure requests. Additionally, the governing bodies of CHA's member jurisdictions will be required to vote and adopt resolutions to refer the proposed Public Hearing = Browns Canyon Rafting Lodging & Entertainment Liquor License Town Clerk Paula Barnett stated the Board is being asked to consider approving an application for a Lodging and Entertainment Liquor License for Adrenaline Rush Ltd, dba Browns Canyon Rafting, located at 28395 County Road 317, Bryon Brown, owner. Barnett reviewed that on February 13, 2024, Brown submitted an application for a Lodging and Entertainment Liquor License. The required fees, publication and posting of the public hearing, possession of the premises, completion ofT The Needs & Desires petition, and background checks have been met. Barnett stated Code Enforcement Officer Grant Bryans, Chaffee County Consumer Protection Specialist Stefanie Nelson, and Chaffee County Fire Protection District Fire Marshall Kira Jones have approved the liquor license issuance. Police Chief Dean Morgan expressed concerns about approving alcohol licenses for entities operating vehicles, boats, and rafts. Brown provided Chief Morgan with the policies and procedures that would bei followed for selling and serving alcohol, and Chief Morgan approved the liquor license issuance. A Special Use Permit was required since the property is zoned Light Industrial and Browns Canyon Rafting is a commercial business. Planner 1 Caroline Mahoney approved the liquor license issuance after the Planning & Zoning  the current Taxpayer Bill of Rights (TABOR) spending limits.  measures to the November ballot.  Commission approved a Special Use Permit on April 17.  BOARD OF TRUSTEES OF THE TOWN OFE BUENA VISTA  Page 3of10 April2 23,2024  Regular Meeting    Brown reviewed the procedures for selling and serving alcohol with the Board. The staff willl be TIPS Certified, and he plans to offer music events throughout the rafting season. Mayor Fay opened the Public Hearing for public comment. No comments were received, and  the Public Hearing was closed. MOTION NO. 03:  MOVE TO APPROVE A LODGING & ENTERTAINMENT LIQUOR LICENSE FOR ADRENALINE RUSH  LTD dba BROWNS CANYON RAFTING.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rosenoer: Trustee Rowe  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Public Hearing. A Rezone of 150 Gregg Circle  Should the Board of Trustees approve the adoption of Ordinance No. 08, Series 2024, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA REZONING CERTAIN PROPERTY KNOWN AS LOT A-1, COLORADO CENTER PLANNED UNIT DEVELOPMENT FROM LIGHT INDUSTRIAL (I-1)T TO HIGHWAY COMMERCIAL (HC) AND AMENDING THE Planning Director. Joel Benson reviewed the applicant, JHW Partnership Limited, and their authorized representative, James Weiner, have requested a rezone of 150 Gregg Circle from Light Industrial (1-1) to Highway Commercial (HC). Benson stated that this Board discussion Benson stated the rezoning of the parcel along Gregg Drive and Gregg Circle would allow the applicant to build the desired multifamily unit with commercial on the ground level through a Special Use Permit (which would be applied for through a separate process, should the rezoning be approved). 1-1 zoning allows for live-work units, however, the definition of al live-work unit requires the dwelling unit to be occupied by an employee or owner of the commercial space. The applicant would like the flexibility to add additional residential units and expand the potential for housing to other businesses in town. The proposed plans for development could vary since this process is to establish zoning, not approval of a development. Benson stated the Planning & Zoning Commission recommended rezoning approval at their April 3, 2024 meeting. James Weiner, Asset Manager for The Longboat Group, and Justin Burns, owner of JM Bruns Construction, reviewed with the Board that all the projects they! have completed are in Salida and Poncha Springs. If the rezoning is approved, they plan to build a development that provides small commercial businesses on the first floor and obtainable long-term rental  OFFICIAL ZONING MAP."  and decision is related to rezoning the property, not a site plan approval.  BOARD OF TRUSTEES OFT THE TOWNO OF BUENAV VISTA  Page 4of10 April2 23, 2024  Regular Meeting    apartments on the second floor, possibly constructing a third floor for rental housing. A change inz zoning from Light Industrial to Commerical allows the apartments to be rented to a broader group ofi individuals, not only the owners of the commercial spaces and their employees. The community impact goals oft the project are to provide full-time jobs, provide housing economic Benson reviewed the background and history of the property and the rezoning criteria that the Board needs to consider when determining whether to approve the zoning change. Consistent with the Comprehensive Plan and Unified Development Code Consistent with the intent oft the proposed zone district Significant changes to warrant rezoning Error in current zoning The following criteria must be met: Intensity will not create an adverse impact Public facilities are available  development, and be a tax base contributor.  One or more of the following criteria must be met:  Benson stated that oft the six criteria, the only one that has not been met is an errori ini the The Board discussed the proposed development's location to the airport, the overlay, and its impacts on residents. Airport Manager Jack Wyles stated that the Federal Aviation Administration (FAA) has distance restrictions for schools and churches. Businesses and residents need to understand that they live near an airport, and if the airport grows, air traffic  current zoning.  will increase.  Mayor Fay open the public hearing for public comment.  Kevin Foley, owner of Performance Tours Rafting, stated he supports new businesses in the area but has concerns about residential units adjacent to his property. Foley said that during the rafting season, their day starts early in the morning with completing pre-inspections on the rafting buses, including testing horns and backup warning sound systems. Foley stated he has operated the business for 28 years and has concerns with residential housing units in an industrial area. He is concerned about potential noise complaints and conflicts with residents and wants to operate business as usual without being impacted by residents. Mark. Jenkins, 314S S. San Juan, Buena Vista, stated he knows that the Board has concerns about traffic flows ini this area of town.. Jenkins noted that as development and traffic increase, the Board and Staff need to continue working with the Colorado Department of Transportation  toi improve the Steele Street and Highway 24 Intersection.  BOARD OF TRUSTEES OF1 THE TOWN OF BUENAVISTA  Page! 5of10 April23,2024  Regular Meeting    Trustee Rowe asked when the traffic light will bei installed at that location, and Benson stated  that it is scheduled to be installed in 2027.  Mayor Fay closed the public comment portion oft the Public Hearing.  The Board discussed placing requirements on the developers to inform potential residents of the noise neighboring property owners will create. Town Attorney. Jeff Parker and Benson stated that Staff would share the Board's and Foley's concerns about noise with the Planning & Zoning Commission when they review and approve the Special Use Permit.  MOTION NO. 04:  MOVE TO ADOPT ORDINANCE NO. 08, APPROVING REZONING CERTAIN PROPERTY KNOWN AS LOTA A-1, COLORADO CENTER PLANNED UNIT DEVELOPMENT FROM LIGHT INDUSTRIAL (I-1)TO HIGHWAY COMMERCIAL (HC) AND AMENDING THE OFFICIAL ZONING MAP.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Rice  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Comprehensive Plan Bids Consideration  Should the Board of Trustees approve the adoption of Resolution No. 33, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE AGREEMENT WITH SNO-ENGINEERING LLC, dba SE GROUP FOR AN Benson reviewed the Town received ten Request for Proposals (RFP) to complete the Comprehensive Planning Process for Buena Vista with a deadline of May 2025. Planning and Zoning Commission and Planning Department staff members reviewed all RFPs. They scored each based on qualifications, proposed process, community integration, the role of.t the vision and past planning, local and mountain town experience, water/land-use integration, urban planning components, and the basic quality of the application. Each firm was given an overall score, averaging all the individual responses for each category and based on the overall impressions of the review team. Oft the ten, the top four firms were invited to an The Planning and Zoning Commission considered the top two RFPS during the April 3 meeting, and the recommendation was made to engage SE Group. Benson stated the firm scored highest ini the selection process and came under budget at $170,000. Benson noted that $200,000 had been budgeted for the project and that there are a few items that the  UPDATED COMPREHENSIVE PLAN."  interview process.  BOARD OF1 TRUSTEES OF THE TOWN OF BUENA VISTA  Page 6of10 April23,2024  Regular Meeting    town may want to add in the process. The proposed agreement allows the additions to be  administratively approved up to the budget.  MOTION NO. 05:  MOVETO, ADOPT RESOLUTION NO.33APPROVINGTHE AGREEMENTWITHSNO-ENGINERING  LLC, dba SE GROUP FOR AN UPDATED COMPREHENSIVE PLAN.  RESULTS MOVER: SECONDER: AYES:  ROLL CALL  CARRIED Trustee Lucrezi Trustee Swisher  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Advisory Boards and Community Liaison serve on, and the following was agreed upon. Recreation Advisory Board - Devin Rowe Trails Advisory Board - Micha Rosenoer Tree Advisory Board - Cindie Swisher Beautification Advisory Board - Maggie Huyck Airport Advisory Board - Gina Lucrezi Water Advisory Board - Andrew Rice Chaffee Housing Authority - Libby Fay UAACOG - Devin Rowe  The Trustees discussed which Advisory Boards and Community Groups they would like to  Selection and Appointment of Mayor Pro Tem that she received a letter from Trustee Rowe.  Mayor Fay reviewed with the Board that at the April 9, 2024, Board meeting, she had requested Trustees interested in serving as Mayor Pro Tem to submit a letter ofi interest and  MOTION NO. 06: THE TOWN OF BUENA VISTA.  MOVE TO APPROVE THE APPOINTMENT OF TRUSTEE DEVIN ROWE AS MAYOR PRO-TEM FOR  RESULTS MOVER: SECONDER: AYES:  CARRIED: Trustee Rice Trustee Lucrezi  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Should the Board of Trustees approve the adoption of Resolution No. 34, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO,  REAPPOINTING BRIAN BERGER AS TOWN ADMINISTRATOR.  BOARDO OF TRUSTEES OFT THE TOWN OF BUENAY VISTA  Page7of10 April23,2 2024  Regular Meeting    Trustee Rice left the room at 8:27 pm.  MOTION NO.07: ADMINISTRATOR.  MOVE TO APPROVE RESOLUTION NO. 34, REAPPOINTING BRIAN BERGER AS TOWN  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rosenoer:  Huyck, Lucrezi, Rosenoer, Rowe, Swisher  Trustee Rice returned toi the room at 8:30 pm.  Should the Board of Trustees approve the adoption of Resolution No. 35, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, REAPPOINTING HOFFMANN, PARKER, WILSON AND CARBERRY, P.C. ASTOWN. ATTORNEY." MOVE TO APPROVE RESOLUTION NO. 35, REAPPOINTING HOFFMANN, PARKER, WILSON, AND  MOTION NO.08:  CARBERRY, P.C. AS TOWN ATTORNEY.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Swisher  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Should the Board of Trustees approve the adoption of Resolution No. 36, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO,  REAPPOINTING PAULA BARNETTTOWN CLERK."  MOTION NO. 09:  MOVE TO APPROVE RESOLUTION NO. 36, REAPPOINTING PAULA BARNETT AS TOWN CLERK.  RESULTS MOVER: SECONDER: AYES:  CARRIED: Trustee Huyck Trustee Rosenoer  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Should the Board ofTrustees approve the adoption of Resolution No. 37,Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO,  REAPPOINTING PHILLIP PUCKETT ASTOWN TREASURER."  BOARD OFT TRUSTEES OF1 THET TOWNO OF BUENAN VISTA  Page 8of10 April2 23,2 2024  Regular Meeting    MOTION NO.10: TREASURER.  MOVE TO APPROVE RESOLUTION NO. 37, REAPPOINTING PHILLIP PUCKETT AS TOWN  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Lucrezi  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Should the Board of Trustees approve the adoption of Resolution No. 38, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO,  REAPPOINTING JUDGE BRIAN GREEN AS MUNICIPAL COURT JUDGE."  MOTION NO.: 11: JUDGE.  MOVETO APPROVE RESOLUTION NO. 38, REAPPOINTING BRIAN GREEN ASI MUNICIPALCOURT  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Huyck  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swishers  STAFF REPORTS  Town Administrator - Highlights of the report in the packet were reviewed, and Berger Town Treasurer Highlights of the report int the packet were reviewed, and Puckett responded  responded to the Trustee's comments and questions. to the Trustee's comments and questions.  Puckett reviewed the First Quarter 2024 financial reports with the Trustees. Recreation Director Highlights of the report int the packet were reviewed, and Basford  responded to the Trustee's comments and questions. to the Trustee's comments and questions.  Airport Manager Highlights of the report in the packet were reviewed, and Wyles responded  TRUSTEE INTERACTION  Trustees reported on or commented about recent and upcoming events, activities, and topics.  BOARD OF1 TRUSTEES OFT THE TOWN OF BUENAY VISTA  Page 9of10 April2 23,2 2024  Regular Meeting    MOTION NO.: 12: ADJOURNED AT 9:38 PM.  THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rice Trustee Rowe  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Respectfully submitted:  SM Libby Fay, Mayor  Bht Paula Barnett, Town Clerk  BOARD OF1 TRUSTEES OF THET TOWNO OF BUENA VISTA  Page 10of10 April2 23,2024  Regular Meeting