TH TOWN 8VENA VISTA co  MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES  REGULAR MEETING Tuesday, April 9, 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 9, 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.  ROLLCALL  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 Present Absent Present Present Present  Town Staff Present: Town Administrator Brian Berger Town Treasurer Phillip Puckett Public Works Director Shawn Williams Town Clerk Paula Barnett PLEDGE OF ALLEGIANCE Mayor Fayl led the pledge of allegiance. AGENDA ADOPTION MOTION NO. 01:  Town Attorney. Jeff Parker via Zoom Planning Director Joel Benson Police Chief Dean Morgan  MOVE TO APPROVE THE AGENDA.  RESULTS MOVER SECONDER: AYES:  CARRIED Trustee Rice Trustee Cobb  Cobb, Hylton-Hinga, Rice, Rowe, Swisher  BOARDO OF TRUSTEES OF THE TOWNO OFE BUENA VISTA  Page 1of1 10 Aprilg 9, 2024  Regular Meeting    CONSENT AGENDA  Approval of matters that are routine in nature that require review and/or approval, i.e., minutes and reports. (Professional Service. Agreements [PSA] that exceed 525,000.00require the Consent  Agenda to be approved by a Roll Call vote).  A. Minutes  1. Board of Trustees Regular Meeting - March 26, 2024 2. Airport Advisory Board - February 20, 2024 3. Trails Advisory Board - February 6, 2024 4. Water Advisory Board - February 22, 2024 5. Water Advisory Board - March 21, 2024 6. Planning & Zoning Commission - March 20, 2024  MOTION NO. 02:  MOVE TO APPROVE THE CONSENT AGENDA.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Swisher Trustee Rowe  Cobb, Hylton-Hinga, Rice, Rowe, Swisher  PUBLIC COMMENT  Thomas Moltz, 2350 Lassen Lane, Castle Rock, President of ACA Products and the previous owner oft the proposed Topside Business Park property, stated he fully supports the annexation and proposed development, which he feels is an enormous opportunity for the town. Moltz stated ACA Products sold the property to Matt Call and Dormie Capital Partners because oftheir visions and due diligence to explore what is needed and wanted in Buena Vista. Moltz read an email from Fading West Development Chief Executive Officer Charlie Chupp, who stated he believes the location is ideal and would create a year-round economy and tax base. Chupp agrees that the traffic issues must be addressed and that approving the annexation is the Drew Patterson, 16085 County Road 358A, Bunea Vista, owner of Basic Industries, a supplier of wood stakes, shared that it was difficult for him in the past to find a place for his small manufacturing business. The Economic Development Corporation (EDC) helped him find a temporary workplace, and he hopes to move into the Topside Business Park when it is ready. He said he favored annexation because it would allow small business owners to grow and Jerry Mallett, 6573 Ridge Road, Salida, President of Colorado Headwaters, stated they are exploring the possibility of creating a Chaffee County Special Recreation District to assist with  first step in moving forward.  contribute to Buena Vista.  BOARD OF TRUSTEES OFT THE TOWN OF BUENA VISTA  Page 2of10 April9,2 2024  Regular Meeting    recreation centers, an ice rink, and other facilities for residents. Mallett stated the group is studying the pros and cons of proposing a sales tax or bond question in the 2025 election. Karen Bond, the owner of Alpine Lumber, stated that Alpine supports the Topside annexation because they had been looking for a way to move out oft their current building. They hope to move into a more updated building and avoid adding to Main Street traffic ini the summer due toi the trucks and semi trucks that frequent the business. Bond said she hopes the Trustees approve the annexation and would like the town to continue receiving sales tax revenues from Jake Rishavy, 7165 County Road 178, Salida, Economic Development Corporation (EDC) Executive Director, spoke on behalf of the EDC's Policy Committee, which supports the Topside Business Center. Rishavy stated the EDC's primary strategy is to grow from within by supporting local entrepreneurs. The EDC feels strongly that Topside will provide existing businesses with a place to grow within town limits, attract new employers, and provide valuable tax revenue to the town. Rishavy stated the parcel would be developed one way or another, and the only question is whether it will be built as proposed by a reputable developer designed thoughtfully to meet the needs of our local businesses or to uninspired uses by right allowed by a county project. Rishavy stated that the EDC thinks this is the type of mixed-use commercial project that other mountain towns are actively recruiting andi incentivizing. In this  Alpine Lumber.  scenario, it's essentially falling into the town's lap.  Phillip Smith, 27940 County Road 319, Buena Vista, owner of Steel Strike Leather Products, stated the town is behind on what can be done for commercial development. Smith said that although there are traffic, infrastructure, and water concerns, he encourages the trustees to think long-term about what the town will look like before saying no to the annexation. Smith shared that as a neighboring property owner, he would be impacted by the development but  considered the Topside Business Park a benefit to the community.  PRESENTATIONS  Chaffee County Fire Protection District since joining the district.  Fire Chief Blain Schumacher gave the Board an update on what he and his team have done  Topside Business Park Annexation Update  Planning Director. Joel Benson reviewed with the Board on February 27, 2024, the Trustees evaluated two items related to the annexation of 30 acres of land for the proposed Topside Business Park. The first item considered was a resolution to determine whether the property was eligible for annexation according to Colorado law. The  BOARDO OF1 TRUSTEES OF THE TOWNO OF BUENAV VISTA  Page 3of10 April9,2 2024  Regular Meeting    Board determined the property was eligible, and the resolution was approved. The second item was an ordinance to consider annexation of the property based on the proposal. The Board considered whether to annex the property and the petitioner- proposed annexation agreement. The Board requested the applicant and Staff provide Since the February 27, 2024 meeting, Staff and Topside met once, and Staff provided a list of questions to address. Topside prepared responses to these questions and a draft petitioner-prepared annexation agreement that integrated commitments expressed in the prepared responses as a better starting place for negotiations for annexation. The Board of Trustees held a work session on March 26, during which the questions and responses were reviewed and discussed. Staff prepared a redlined version of the petitioner's proposed annexation agreement incorporating commitment language, discussion points from Trustees, and some other logical initial requests. The redlined version with a list of outstanding questions was sent to Topside. After receiving the list ofo outstanding questions and the initial town-provided redlined version of the Annexation Agreement, Topside requested that Ordinance No. 06 be removed from the agenda and that the approval of the business park annexation not be considered at this time and be allowed to walk through a proposed change of plans. On Monday, April gth, Topside provided Staff and the Board with a document relating to an alternate approach Topside Representative Joseph Teipel reviewed with the Board the goals and mission of the Topside Business Park development and the fiscal impacts it would provide to the town and county if the property is annexed into town and the proposed initial  additional information before making a decision.  toi the project.  plans/development is approved.  Matt Call, founding Principal of Dormie Capital Partners, stated that the Topside Business Park Project faces the following challenges based on the Trustee's and Staff's feedback.  Regarding traffic  Significantly reduced and adjusted Phase 1  Increased commitment to assist in solving existing offsite traffic challenges Futures Phases dependent on Traffic Impact Study and Public improvements Topside wants to contribute proportionally toward solving traffic challenges Not financially viable, represents millions of dollars in offsite improvements Outsized, given the benefits of the project and risks associated with  (over $500k) Agreement  Regarding Annexation Agreement Terms  development  BOARD OF TRUSTEES OFT THE TOWNO OF BUENAVISTA  Page 4of10 April9,2 2024  Regular Meeting    Does the Town want and see benefits ini this project?  Call stated that Dormie knows challenges cannot be avoided on this large of a project and wants to contribute proportionately to infrastructure based on the amount of traffic the Call: stated that going forward, Dormie would like to work with the Town to utilize Tax Increment Financing (TIF), a mechanism for capturing the future tax benefits of real estate improvements, to payi for the present cost of those improvements. Call stated that TIF is commonly used in Colorado to recruit and incentivize developers to build projects like Topside. Aspen, Durango, Canon City, Eagle, Central City, Craig, Montrose, Pagosa Springs, Steamboat Springs, and others are utilizing TIF. Tax Increment Financing would require the Town to form Call requested that the Board schedule a work session on TIF as soon as possible. Work towards the execution of an Annexation Agreement in the next 60 days, which will allow Dormie to move forward with Phase 1 as proposed and the opportunity to increase funding for future phases as a part ofaT TIF Agreement. Schedule a Planning & Zoning Hearing ini the next 60 days, and except fori items already identified in their Annexation Agreement draft, they request to be held to the standards of the Unified Development Code (UDC) for a given zone Call: stated they need to develop the property to meet Opportunity Zone (OZ) requirements and are on a tight timeline. Dormie has invested heavily in developing a plan that will immensely benefit the town of Buena Vista. Call stated that based on resistance to developing the Topside Business Parki in town, they have met with major service providers and are evaluating permitted uses fori immediate development in Chaffee County, including a recreational vehicle park, resort, and retail. Call stated they would develop this property to meet Opportunity Zone requirements. They prefer to proceed with the annexation and business park but cannot proceed without a clear commitment from the Town. The Board, Staff, and Topside team had a lengthy discussion on the projected costs of improving County Road 3171 to the town street standards if the County requires the road to be Trustee Hylton-Hinga expressed his concerns with the last-minute changes, shifting the focus of the Topside Business Park discussion from what was originally ini the Board packet. Hylton- Hinga agreed that discussing TIF is a good idea but did not appreciate how Dormie presented the possibility of developing a recreational vehicle park, resort, and retail space in the county if  development creates.  an Urban Renewal Authority.  district.  included in the town limits.  the Town does not agree to the annexation quickly.  BOARD OFT TRUSTEESOF THET TOWN OFE BUENA VISTA  Page! 5 of1 10 April9, 2024  Regular Meeting    Call said they were committed to working with Trustees and Staff through the annexation agreement, zoning, and major subdivisions to tackle these problems in the future and view this Topside as a 10-year project. Dormie Principal Joe Nieber stated hei feels the Topside Business Park is a perfect development, and his team wanted to know if everybody was on board with Trustee Cobb expressed interest in exploring the TIF option and appreciated the new phasing proposal to limit immediate impacts, but traffic and other unknown costs remain as concerns. Trustee Cobb does not want to continue to postpone decisions but strongly feels the Board of Trustee Rice said he didn't feel anyone had suggested they didn't want the development, although the town needed to figure out many facets oft the proposed development, including Trustee Rowe questioned if the project would bring new. jobs to the community since several existing businesses plan to relocate to the business park. Trustee Rowe also questioned whether or not these jobs would pay enough for people to afford to live in town. Trustee Rowe said he wanted housing in this project, but sO far, the plan offers live/work housing, which he said was a net zero for housing. Trustee Rowe also expressed concerns about unknown costs Trustee Swisher said the town could not rely on the tourist industry to meet operating expenses and is excited about future business opportunities. Trustee Swisher stated she would The Board, Staff, and the Topside team discussed the projected costs and timeline for  the project ori ift they were wasting their time.  Trustees needs to consider what is best for the town in the long term.  streets, water, and the actual costs.  to the town and if the project suits Buena Vista.  like additional information on TIF. completing the Steele Street intersection.  After a lengthy discussion, the Board agreed that Staff and Town Attorney Parker would meet with the Topside team to discuss the annexation agreement and proposed zoning. Staffwill contact Chaffee County to discuss which entity would be responsible for maintaining County Road 317 if the annexation is approved and schedule a' Work: Session to learn about Tax  Increment Financing (TIF).  BOARDO OFT TRUSTEES OF THET TOWN OFE BUENA VISTA  Page 6of1 10 April9, 2024  Regular Meeting    MOTION NO.03:  MOVE TO DIRECT STAFF TO WORK ON TERMS OF AN ANNEXATION AGREEMENT THAT INCLUDE TERMS SHOULD A TAX INCREMENT FINANCING (TIF) BE ESTABLISHED AND' TERMS IF  THE TIF IS NOT ESTABLISHED.  RESULTS MOVER: SECONDER: AYES: NAYS:  CARRIED! Trustee Swisher Trustee Cobb  Cobb, Hylton-Hinga, Rice, Swisher  Rowe  The Board took al break at 8:25 PM and reconvened at 8:35 PM.  2024 Street Projects  Should the Board of Trustees approve the adoption of Resolution No. 30, Series 2024, entitled, "A RESOLUTION OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING A NOTICE OF AWARD TO A-1 CHIPSEAL COMPANY FOR THE 2024 STREET CHIPSEAL PROJECTS." Should the Board of Trustees approve the adoption of Resolution No. 31, Series 2024, entitled, "A RESOLUTION OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING A NOTICE OF AWARD TOS&S SUNLIMITED FOR THE 2024 STREETS PAVING PROJECT." Public Works Director Shawn Williams reviewed the 2024 street projects with the Board and the bids received from A-1 Chipseal Company for chip sealing and S & S Unlimited for the  street paving projects. MOTION NO. 04:  MOVE TO APPROVE RESOLUTION NO. 30, APPROVING A NOTICE OF AWARD TO A-1 CHIPSEAL  COMPANY FOR THE 2024 STREET CHIPSEAL PROJECTS.  RESULTS MOVER: SECONDER: AYES:  ROLLCALL  CARRIED Trustee Rice Trustee Rowe  Cobb, Hylton-Hinga, Rice, Rowe, Swisher  MOTION NO. 05:  MOVE TO APPROVE RESOLUTION NO. 31 APPROVING A NOTICE OF AWARD TO  S&SUNLIMITED FOR THE 2024 STREETS PAVING PROJECT.  RESULTS MOVER: SECONDER: AYES:  ROLLCALL  CARRIED Trustee Rice Trustee Swisher  Cobb, Hylton-Hinga, Rice, Rowe, Swisher  BOARD OFT TRUSTEES OF THET TOWN OFE BUENA VISTA  Page7of10 April9, 2024  Regular Meeting    Water Service Agreement with Alpine West Development  Should the Board of Trustees approve the adoption of Resolution No. 32, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE EXTRATERRITORIAL WATER SERVICE AGREEMENT WITH STACKHAUS, LLC." Benson reviewed that on March 26, 2024, the Board of Trustees had a lengthy discussion about the proposed Extraterritorial Water Agreement with Alpine West. After many clarifying questions, an acknowledgment that a plan for when or why the Town would be willing to accept water augmentation certificates from the Upper Arkansas Water Conservancy District (UAWCD) for any specific development, and providing direction for some changes to the agreement to ensure the project will substantially maintain its proposed plan for growth. Benson stated that the proposed Agreement includes the following four changes.  1. In Section 1.c.ii, reference to an 8" water main being installed was replaced with, "A water main line through the Property in a size required to serve the Property as 2. In Section 6, the following was added to the end of the section, The obligation of the Town to provide water service to the Property as set forth herein is conditional upon the Property being developed in a manner that is substantially consistent with the development plans approved by Chaffee County dated November 8, 2022, ("County Approved Plan"). Owner's obligation to provide affordable housing as set forth in the County Approved Plan shall be deemed satisfied upon Owner's conveyance of title to the affordable portion of the property described in the County Approved Plan, free and clear of all monetary liens and encumbrances, to the Chaffee County Housing Authority. Failure of Owner to make such conveyance to the Chaffee Housing Authority before the earlier of (i) June 1, 2029, or (ii) the date Town water: service is requested to be provided to any portion of the Property shall constitute a material 3. Additionally, a Whereas clause was added to accentuate that the allure of the project was affordability, WHEREAS, the Town has determined that Owner's plan to develop the Property will bring substantial public benefits anticipated from the sub-market trate housing elements included ini the Property and therefore the Board oft Trustees desires to serve the proposed development of the Property with the Town's water distribution 4. Aclause was added to! Section 8 about thet timing of the purchase, in bold: "Owner shall, upon execution of this Agreement, and upon receipt of final project approvals from Chaffee County and upon the recording of final plat, pay the Town all costs to obtain from the Upper Arkansas Water Conservancy District ("UAWCD") the amount of  determined by the Town in its sole discretion."  breach oft this Agreement".  system.  augmentation water." BOARD OF1 TRUSTEES OF1 THE TOWNO OFE BUENAVISTA  Page 8of10 April9,2024  Regular Meeting    Trustee Rowe moved, and Trustee Swisher seconded the motion to adopt Resolution No. 32, approving the Extraterritorial Water Service Agreement with Stackhaus LLC. Trustee Rice requested that the development plan approved by Chaffee County dated November 2, 2022 (County Approved Plan) referenced in Section 6. b. bei included as Exhibit B  int the agreement. MOTION NO. 06:  Trustee Rowe and Trustee Swisher agreed to the amendment.  MOVE TO ADOPT RESOLUTION NO. 32 APPROVING THE EXTRATERRITORIAL WATER SERVICE  AGREEMENT WITH STACKHAUS, LLC., AS AMENDED.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Swisher  Cobb, Hylton-Hinga, Rice, Rowe, Swisher  STAFF REPORTS  Police Chief-H Highlights of the report in the packet were reviewed, and Morgan responded Planning Director- Highlights of the report in the packet were reviewed, and Benson Public Works Director - Highlights of the report in the packet were reviewed, and Williams  to the Trustee's comments and questions.  responded to the Trustee's comments and questions. responded to the Trustee's comments and questions.  TRUSTEE INTERACTION MOTION NO. 07:  Trustees reported on or commented about recent and upcoming events, activities, and topics. MOVE TO PROVIDE A LETTER OF SUPPORT TO THE CENTER OF EXCELLENCE TO ALIGN HEALTH AND SOCIAL CARE ON BEHALF OF CHAFFEE COUNTY'S AGE-STRONG COALITION.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Cobb  Cobb, Hylton-Hinga, Rice, Swisher, Rowe  BOARD OFT TRUSTEES OF THET TOWN OFE BUENA VISTA  Pages 9of1 10 April9,2 2024  Regular Meeting    Mayor Fay presented Trustee Cobb and Trustee Hylton-Hinga with plaques in appreciation for their service and dedication to the Town. The Mayor, Trustees, and Staff expressed their gratitude to Trustee Cobb and Trustee Hylton-Hinga for their commitment and diligent contributions as members of the Board of Trustees and to the community. Trustees Cobb and Mayor Fayreviewed the League ofWomen Voters, and Colorado Mountain College is sponsoring the Together We Stand, The Chaffee County Project. The project is a county-wide reading ofThe Bill of Obligations, The Ten Habits of Good Citizens. The goal is for community members and government entities to take the pledge and/or adopt a resolution committing to the goals and values of The Bill of Obligations. A book was provided to each of the Trustees. Trustee Rowe expressed his concerns about how the Topside Business Park discussion transpired. Trustee Rowe felt the Trustees did not! have the option to discuss the multiple facets of the projects as a Board and that the applications interjected too much. Trustee Rice echoed  Hyllton-Hinga shared their appreciation for their colleagues and staff.  Trustee Rowe's concerns. MOTION NO. 08: ADJOURNED AT 9:30 PM.  THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Rice  Cobb, Hylton-Hinga, Rice, Swisher, Rowe  Respectfully: submitted:  Skt Libby Fay, Mayor  OLOB  pah Paula Barnett, Town Clerk  *SEAL* DE ATED  BOARD OFT TRUSTEES OF THE TOWNO OFE BUENA VISTA  Page 10of1 10 April 9, 2024  Regular Meeting