TRE TOVW_OF BUENA VISTA co  MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES  REGULAR MEETING Tuesday, February 13, 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.  Work Session at 6:00 PM- = Water Allocation Policy  Mayor Libby Fay, Trustees Sue Cobb, Gina Lucrezi, Peter Hylton-Hinga, Andrew Rice, Devin Rowe, and Cindie Swisher via Zoom attended the work session. Also present were Town Administrator Brian Berger, Town Treasurer Phillip Puckett, Planning Director. Joel Benson, Planning Director. Joel Benson reviewed with the Trustees that when the Water Allocation Policy was adopted in 2023, it established criteria/triggers for reviewing and amending or updating the policy including the acquisition of new usable water rights and annually in the month of March. With the recent agreement with Upper Arkansas Water Conservancy District (UAWCD) to purchase 50 Acre Feet (50AF) of augmentation water, in addition to the annual review, Staff feels it is appropriate to meet with the Board to discuss the proposed changes and receive input before the public hearing to adopt the revised Water Allocation Policy on  Public Works Director Shawn Williams, and Town Clerk Paula Barnett.  March 12, 2024.  The proposed changes include the following. Adjust categories to include the new 50AF  Potential re-allocation given current status and upcoming final plans  Several changed to text for clarification, plus language regarding the 50AF (i.e., 2024 allocation for the first 5AF and an ongoing plan as the remainder is brought online) Include the first 5AF in 2024 and set a plan for the next 20 acre-feet (assumes 5AF per Assumes 25-acre feet be used for emergency use and project water to replace Since this will be emergency water, rename the 'Emergency" bucket to "Non-Infill  The proposed changes related tot the 50AF are:  year for five years)  Colorado River/Project Water over time SFD/ADU" for smaller projects  BOARD OF1 TRUSTEES OFT THE TOWNO OF BUENAVISTA  Page 1of11 February 13, 2024  Regular Meeting    The proposed allocations of the 50AF are: 2024: add 5AF (35 SFE's) to General Multi Family/Rental, and 151 to General  2025: add 5 SFES to Infill, Economic Development,A Affordability/Work Force Housing, 2026 through 2028: add! 5S SFES to Non-Infill, Economic Development, Affordability/Work Force Housing, Multi Family/Rental, and 15 SFES to General  The major textual changes are:  Remove circular language from the description of priorities to explicitly reference the Clarify the process for updates and amendments to the Water Allocation Policy Benson reviewed the current status of SFES by categories and two separate proposals allocating SFES. The Board and Staff reviewed and discussed the two proposals and agreed to  flow of recommendations  Add language for Non-Infill instead of Emergency categories  proceed with the "Alternate Proposal."  Alternate Proposal Alternative Plan would be to rearrange buckets now. Econ Afford MF Gen Public/ Emer Dev Work Rental 26.4 75 60 65 108.5 73.5 14 47.3  Option :A majors subdivisiony willl have Final soona andj plans tou use 36A Affordable and 61 General. Proposal 2024 Keep category Remove Keep 2024 Keep 2024 Keep 2024 Add35 Keep 2024 infill'SFDI "non-  Infill  NP Convertto ADU  Yearl-35sfe 75.2 Remove Carbonate category! Option? 2: Pull: 20 SFE from MFI Rentala and 15 from Afford now, plus add 35t to General Wei may soon need to consider nexts steps withl Bray- Allen: and cooperative water arrangements  NoC Change: Since 25AF will: act as Emergency, Change Emergencyt to non-I Infill SFD/ ADU  The Board agreed that they would like to keep "Emergency" as a separate category with a caveat that it is water storage. The Board and Staff discussed the proposed allocations and risks of developments and businesses depleting allocations ini the future, triggers that require the policy to be reviewed, and preventions for a developer to request allocations to be  adjusted.  BOARD OF TRUSTEES OFT THE TOWNO OF BUENA VISTA  Page 2of11 February 13, 2024  Regular Meeting    Trustee Swisher asked if the Town could put a cap on high water users, i.e., distilleries and breweries. Benson states that would be al legal question requiring a change toi the municipal code. The Board agreed to have Staff and Legal explore placing caps on high water users. Benson reviewed the draft oft the 2024 Water Allocation Policy, which willl be published for  three weeks before thep public hearing scheduled for March 12, 2024.  An in-person/virtual regular meeting of the Board of Trustees was called to order by Mayor Libby Fay at 7:00 PM, Tuesday, February 13, 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 Present Present Present Present via Zoom  Town Staff Present: Town Administrator Brian Berger Town Attorney Jeff Parker via Zoom Public Works Director Shawn Williams Town Clerk Paula Barnett PLEDGE OF ALLEGIANCE Mayor Fay led the pledge of allegiance. AGENDA ADOPTION  Town Treasurer Phillip Puckett Planning Director Joel Benson Police Chief Dean Morgan via Zoom  Town Administrator Brian Berger stated that the update from Chaffee Housing Authority  Director Ashley Kappel will be rescheduled due to illness.  BOARD OF TRUSTEES OF1 THE TOWN OFE BUENAN VISTA  Page 3 of11 February 13, 2024  Regular Meeting    MOTION NO. 01:  MOVE TO APPROVE THE AGENDA. AS AMENDED.  RESULTS MOVER SECONDER: AYES:  CARRIED Trustee Rice Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  CONSENT AGENDA  Approval of matters that are routine in nature that require review and/or approval, ie., minutes and reports. (Professional. Service. Agreements [PSA] that exceed. $25,000.00 require the Consent  Agenda to be approved by a Roll Call vote).  A. Minutes  1. Board of Trustees Regular Meeting - January 23, 2024 2. Airport Advisory Board - November 14, 2023 3. Planning & Zoning Commission - December 6, 2023  MOTION NO. 02:  MOVE TO APPROVE THE CONSENT AGENDA.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Swisher Trustee Lucrezi  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  PUBLIC COMMENT  Norma Cady, 9985 Hwy 24, Buena Vista, updated the Trustees on the status of the Ukraine Thomas Brown, 230E Brookdale, Buena Vista, stated that hei is a member oft the Planning & Zoning Commission, the Chaffee County Transportation Board, and a candidate for Town Trustees, and the comments he is making are not related to any of the Boards he serves on and being a candidate. Brown stated the current Town of Buena Vista Transportation Master Plan is twenty years old and needs tol be updated to reflect current statistics and trends. Brown recommended the Trustees work with the Planning & Zoning Commission and Public Works Staff to update the  Bench. Cady stated the bench should be installed in the next few weeks.  Transportation Plan. PRESENTATIONS Carbonate Street Update  Special Project Joseph Teipel updated the Board on the Carbonate Street Project. Teipel stated that the production of the boxes has been completed, and building permits from the Town  BOARD OF TRUSTEES OF THET TOWNO OF BUENA VISTA  Page 4of11 February: 13,2 2024  Regular Meeting    have been issued and are being reviewed withi the county. Fading West conducted a naming Teipel stated the Town had issued the building permits for the childcare core and shell, and the County is reviewing them. Staff is drafting a Request for Proposals to seek a childcare operator, and the current construction budget for the core and shell is $1.185 million. Teipel stated the tentative date for the groundbreaking ceremony to kick off Phase One oft the project is April 1, 2024. Teipel said the Carbonate Street project would not meet the July 2024 occupancy date, and currently, they are projecting occupancy to occur in the first quarter of 2025. An amended development agreement will be presented to the Board for approval at a  survey, and the official name is Midland Apartments, aka The Midland.  future meeting. BUSINESS ITEMS Three-Mile Plan  Should the Board of Trustees approve the adoption of Resolution No. 17,S Series 2014, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR" THE TOWN OF BUENA VISTA, COLORADO, Planning Director. Joel Benson reviewed State statute requires the Board ofTrustees to adopt a new Three-Mile Plan annually. The Board of Trustees last approved the Three-Mile Plan on September 27, 2022. Benson stated the Planning and Zoning Commission reviewed the proposed Three-Mill Plan in December of 2023, but due to the quantity of agenda items for Board consideration, it was delayed being presented to the Board of Trustees. Benson reviewed the minor changes from the 2022 Three-Mile Plan, which include the following:  ADOPTING AN UPDATED THREE-MILE PLAN."  Area 1 has Cottonwood Irrigating Ditch running through it, which is not accurate Area 9 has been highlighted to include open space and water supply for the Department of Corrections, which matches long-running planning efforts References to the proposed Rodeo Grounds Master Plan reflect an adopted plan Names of Areas added to the legend in Areas of Desired Growth (per the Planning & Amap of the Sourcewater Protection Plan has been added (per the Planning & Zoning  Zoning Commission) Commission) Other editorial changes  Benson stated after the revised Comprehensive Plan is adopted, updates to the Three-Mile  Plan will be required.  BOARD OF TRUSTEES OF THE TOWNO OF BUENA VISTA  Page5 5of11 February: 13, 2024  Regular Meeting    Trustee Lucrezi expressed her concerns with Section Area 4 of the draft, which designates the east side of County Road 313 along the river to be designed for high-density development. Trustee Lucrezi requested that the east side of County Road 313 be low-to-medium density to protect the ecosystem and wildlife. The Board agreed for Staff to make that amendment to the  Three-Mile Plan. MOTION NO. 03: COUNTY ROAD 313.  MOVE TO APPROVE RESOLUTION NO. 17, ADOPTING THE 2023 THREE-MILE PLAN WITH THE FOLLOWING AMENDMENT TO AREA 4: LOW-TO-MEDIUMI DENSITY HOUSING EAST OF  RESULTS MOVER: SECONDER: AYES:  CARRIED! Trustee Lucrezi Trustee Rowe,  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Public Hearing- Amendments to the Unified Development Code  Should the Board of Trustees approve the adoption of Ordinance No. 02, Series 2024, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CERTAIN SUBSECTIONS OF SECTION 16.04 CONCERNING PARKING REQUIREMENTS AND STANDARDS FOR ACCEPTANCE OF PAYMENTS OF CASH IN LIEU FOR PARKING  REQUIREMENTS.  Should the Board of Trustees approve the adoption of Ordinance No. 03, Series 2024, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CHAPTER 11, ARTICLE VI, SECTION 6-5, AND CERTAIN SECTIONS OF ARTICLE 16.03 OF THE BUENA VISTA MUNICIPAL CODE, CONCERNING USE OF PUBLIC PLACES, TO CREATE LICENSING PROCESS FOR ENCROACHMENTS ON PUBLIC PROPERTY, AND CLARIFYING  TERMINOLOGY.  Should the Board of Trustees approve the adoption of Ordinance No. 04, Series 2024, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTIONS OF THE BUENA VISTA MUNICIPAL CODE CONCERNING SUBMITTAL  REQUIREMENTS.  Mayor Fay opened the Public Hearing at 7:40 PM.  Benson reviewed the proposed code changes are a result of questions arising through a review ofthe Unified Development Code, and if adopted, they will increase efficiency and clarity. The ordinances were presented to the Planning and Zoning Commission at a publicly noticed  BOARD OFT TRUSTEES OF THE TOWNO OF BUENA VISTA  Page 6of1 11 February: 13, 2024  Regular Meeting    hearing on. January 17, 2024. The Planning and Zoning Commission recommended approval of the three ordinances with one amendment to ordinance No. 04, which has been included. Benson stated Ordinance No. 02 adds a cash in lieu for parking option outside of MU-MS, east oft the highway in the old town plat, which allows fori flexibility with parking requirements if there is a demonstrated associated economic benefit to the Town and the community in terms of year-round employment opportunities, expansion of affordable housing, or diversification of! housing stock or commercial enterprises. It allows the Board to determine that cash-in-lieu is not available as an alternative if the required parking, or a portion ofi it, can be made available to serve the development. It also clarifies that while minimum parking is required east oft the highway ini the Old Town (reference map dated 1905), additional parking may be Benson reviewed Ordinance No. 03, which would add a process for encroachment permits. These are referenced in the code, although there has not been an established process in the past, SO applicants do not know what to do, and there has been inconsistency due to staff Benson stated that Ordinance No. 04 removes the requirement oft the number of paper copies of plans being submitted and adds the requirement of an electronic copy. The reviewis typically completed electronically and redlines are made to the PDF version. A paper copy is Mayor Fay opened the hearing for Public Comment, and no comments were received. MOVE TO ADOPT ORDINANCE NO. 02 AMENDING SUBSECTIONS OF SECTION 16.04 CONCERNING PARKING REQUIREMENTS AND: STANDARDS FOR ACCEPTANCE OF PAYMENTS  required based on the parking table already within the code.  changes.  used for some reviews, for which one copy will suffice.  MOTION NO. 04:  OF CASH IN LIEU FOR PARKING REQUIREMENTS.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  MOTION NO. 05:  MOVE TO ADOPT ORDINANCE NO. 03, AMENDING SECTIONS OF THE MUNICIPAL CODE CONCERNING THE USE OF PUBLIC PLACES TO CREATE LICENSING PROCESS FOR ENCROACHMENTS ON PUBLIC PROPERTY AND CLARIFYING TERMINOLOGY.  BOARD OF1 TRUSTEES OF THE TOWNO OF BUENA VISTA  Page 7of11 February: 13, 2024  Regular Meeting    RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Hylton-Hinga  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  MOTION NO. 06:  MOVE TO ADOPT ORDINANCE NO. 04, AMENDING SECTIONS OF THE MUNICIPAL CODE  CONCERNING SUBMITTAL REQUIREMENTS.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rice Trustee. Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Amendments to the Marijuana and Liquor Municipal Code  Should the Board of Trustees approve the adoption of Ordinance No. 05, 2024, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING ARTICLESIAND IV OF CHAPTER 6 OF THE BUENA VISTA MUNICIPAL CODE REVISING THE MARIJUANA LICENSING PROCESS AND PROVIDING FOR' THE ISSUANCE RETAIL ESTABLISHMENT PERMITS RELATED TO THE SALE OF ALCOHOL."  Town Clerk Paula Barnett reviewed the Board is being asked to consider the adoption of Ordinance No. 05, amending Articles land IV of Chapter 6 of the Municipal Code, revising the Marijuana Licensing process, and providing the Town Clerk to approve and issue Retail Barnett reviewed that ini the November 3, 2020, General Election, the Town of Buena Vista voters approved the sale ofretail marijuana and collecting an additional sales tax of 5% on retail marijuana and products. The Board of Trustees adopted an ordinance related to medical and retail marijuana businesses and license requirements, and the Town Clerk Staff developed procedures to comply with the ordinance by developing the Phase One and Phase Two With the issuance of the two retail marijuana licenses and lessons learned during the application acceptance, appeals, and issuance processes, Staff and Legal recommend several amendments to the code toi improve the process should a license become available. Changes include combining the Phase One and Phase Two application processes, eliminating the lot drawing process, and the applicant must own or lease the proposed licensed premises when the application is submitted. Applications would be received for 60 days. At the end oft the 60 days, the Town Clerk will randomly select an application for  Establishment Liquor Permits.  application requirements and lot drawing process.  BOARD OF TRUSTEES OFT THE TOWN OFE BUENA VISTA  Pages 8of11 February 13, 2024  Regular Meeting    review and follow the requirements outlined in the ordinance to ensure the application is complete. Ift the application is complete, the Town Clerk will set al Public Hearing for the Board ofTrustees to consider approving, approving with condition, or denying the license. Barnett reviewed in 2023, House Bill 23-1061, related to Retail Establish Liquor Permits, was passed into law. The Bill expands the existing art gallery permit to allow almost all other types of retail establishments to serve complimentary alcoholic beverages at their place of business Currently, when a Retail Establishment Liquor Permit application is received, a public hearing iss scheduled and noticed, and the Board of Trustees approves or denies the application. The proposed amendment would allow the Town Clerk to review and issue retail establishment permits to retail businesses as defined in C.R.S. 44-3-424. Allowing the Town Clerk to approve the license would expedite the issuance of Retail Establishment Liquor Permits, similar to Mayor Fay requested two amendments to the title of the Ordinance. Insert "of" after the word issuance and replace "sale of alcohol" with "service of alcohol." The Board agreed to the  for up to 24 days a year.  liquor license renewals, Special Event permits, and temporary permits.  amendments. MOTION NO. 07:  MOVE TO ADOPT ORDINANCE NO. 05 AMENDING SECTIONS OF THE MUNICIPAL CODE REVISING THE MARIJUANA LICENSING PROCESS AND PROVIDING FOR THE ISSUANCE OF RETAIL ESTABLISHMENT PERMITS RELATED' TO THE SERVICE OF ALCOHOL AS AMENDED.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Cobb Trustee Swisher  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Board of Trustees Compensation  Mayor Fay reviewed with the Trustees that ifa change to the Mayor and Trustee's compensation is approved, it would apply to the incoming trustees elected on April 2, 2024. The increase for Mayor and Trustees Swisher and Lucrezi's positions would go into effect for Town Treasurer Phillip Puckett stated the current Board of Trustees could not approve an increase in salary for themselves and reviewed the historical compensation for elected officials from 1978 to the present. Elected officials who came on the Board after March of 2022 receive the following: Mayor: $450.00 per month, Trustees: $350.00 per month. Puckett reviewed the  thei incoming elected officials in 2026.  BOARD OFT TRUSTEES OF THE1 TOWNO OFE BUENA VISTA  Pages 9of11 February 13, 2024  Regular Meeting    compensation rates for the City of Salida, Poncha Springs, Leadville, Crested Butte, Fruita, and Winter Park with the Board. Puckett stated the 2024 Budget is based on the existing monthly compensation amounts ($350.00 and $450.00). Ift the Board changes these amounts, a budget adjustment will be required with the Ordinance. Puckett stated that, at this time, a budget adjustment would result in a deficit in the budget. Sales tax revenues may be higher than the projected numbers, or the additional expense must be taken from a different line item. Trustee Rice stated that the average salary for comparables is $533.00 monthly. Trustee Hylton-Hinga noted that items were cut during the 2024 Budget cycle due toi insufficient funds and is not comfortable with the Board approving an increase in compensation for themselves at this time. Trustee Lucrezi agreed with Trustee Hylton-Hinga and feels it would be best to discuss increasing compensation during the 2025 budget cycle. Trustee Rice stated he wants to avoid amending the budget to give themselves a raise and suggested approving an increase The Board discussed and agreed to increase the Mayor's compensation to $700.00 monthly and Trustees to $500.00 monthly, effective January 1, 2025. If approved, the Trustees elected in April of 2024 would be compensated $350.00 a month through 2024 and, beginning January  that would go into effect in. January 2025.  1, 2025, be paid $500.00 per month.  MOTION NO. 08:  MOVE TO DIRECT STAFF TO DRAFT AN ORDINANCE INCREASING THE TRUSTEE'S COMPENSATION TO $500.00 PER MONTH AND THE MAYOR TO $700.00 PER MONTH, WITH  AN EFFECTIVE DATE OF. JANUARY 1, 2025.  RESULTS MOVER SECONDER: AYES:  CARRIED Trustee Swisher Trustee Lucrezi  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  STAFF REPORTS  Police Chief- - Highlights oft the report in the packet were reviewed, and Morgan responded Planning Director Highlights of the report in the packet were reviewed, and Benson Trustee Lucrezi suggested that candidates interested in serving on the Planning & Zoning Commission complete the application and give a five-minute presentation to the Board of Trustees before being appointed tot the Commission. Benson will explore the suggestion.  to the Trustee's comments and questions.  responded to the Trustee's comments and questions.  BOARD OFT TRUSTEES OF THE TOWN OFE BUENA' VISTA  Page 10of11 February 13, 2024  Regular Meeting    Public Works Director. Highlights of the report in the packet were reviewed, and Williams  responded to the Trustee's comments and questions.  TRUSTEE INTERACTION EXECUTIVE SESSION  Trustees reported on or commented about recent and upcoming events, activities, and topics. An executive session to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to  CRS.524-6-4024/e, concerning the Topside Annexation.  MOTION NO. 09:  MOVE TO GO INTO EXECUTIVE SESSION.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher.  The Board took a 10-minute break.  The Board went into Executive Session at 9:14 PM. Present fort the Executive Session were Mayor Libbyl Fay, Trustees Sue Cobb, PeterH Hylton-Hinga, Gina Lucrezi, Andrew Rice, Devin Rowe, Cindie Swisher, Town Administrator Brian Berger, Town Attorney Jeff Parker, Planning Director Joel Benson, Town Treasurer Phillip Puckett, and Public Works Director Shawn Williams.  The Board left the Executive Session at 10:37 PM.  MOTION NO. 10: ADJOURNED AT10:38 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, Lucrezi, Rice, Rowe, Swisher  Respectfully: submitted: 1 Paula Barnett, Town Clerk BOARD OF TRUSTEES OF THE TOWNO OFE BUENAN VISTA Regular Meeting  Libby Mayor.e L  VISTA cot. WE ED  Page 11of11 February: 13,2 2024  *SEAL*  TED