18 HE TOWH F 1 MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES 8UENA VISTA REGULAR MEETING CO Tuesday, May 13, 2025 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 - Planning and Public Works Departments Mayor Libby Fay, Trustees Maggie Huyck, Andrew Rice, Micha Rosenoer, Devin Rowe, Chris Sturm, and Cindie Swisher, Town Administrator Brian Berger, Senior Policy Advisor & Project Advocate Joel Benson, Planning Director Marika Kopp, Public Works Director Shawn Williams, and Town Clerk Paula Barnett. Planning Director Marika Kopp presented the Trustees with an overview of the Off-Street Parking, including the following topics. Existing parking requirements The pros and cons of parking requirements Parking alternatives The cost of surface parking spaces (generally cost $5,000.00 to $10,000.00 per space) Bicycle parking Cash-in-Lieu for required parking spaces The Trustees discussed purchasing land for public parking and increasing the Cash in Lieu for required parking spaces. Town Administrator Brian Berger stated that the Staff would request the Planning & Zoning Commission to review the Cash-in-lieu fees for required parking spaces and then share their insights with Trustees. The Trustees stated they would like a future work session to discuss parking issues and requirements. Public Works Director Shawn Williams reviewed the April Public Works Staff report with the Trustees, which included the following topics. April water production Updates on the water treatment plant expansion project Town of Buena Vista 2025 Drinking Water Quality Report Updates on Administrative and Engineering projects Development and Construction projects Street Department activities BOARD OF TRUSTEES OF THE TOWN OF BUENA' VISTA Page 1 of 11 Regular Meeting May 13, 2025 Parks Department projects Fleet Maintenance and Operations Building Maintenance and Custodial updates Arbor Day Celebration = May 17, 2025 2025 Clean-Up Days - May 16 and May 17 An in-person/virtual regular meeting ofthe Board of Trustees was called to order by Mayor Libby Fay at 7:04 PM, Tuesday, May 13, 2025, 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 Title Status Libby Fay Mayor Present Maggie Huyck Trustee Present Andrew Rice Trustee Present Micha Rosenoer Trustee Present Devin Rowe Trustee Present Chris Sturm Trustee Present Cindie Swisher Trustee Present Town Staff Present: Town Administrator Brian Berger Town Attorney Jeff Parker via Zoom Public Works Director Shawn Williams Planning Director Marika Kopp Town Clerk Paula Barnett Senior Policy Advisor & Project Advocate Joel Benson PLEDGE OF ALLEGIANCE Mayor Fay led the Pledge of Allegiance. PROCLAMATION Mayor Fay read the proclamation declaring May as Lyme and Other Tick-Borne Diseases/Conditions Awareness Month. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 2 of 11 Regular Meeting May 13, 2025 AGENDA ADOPTION MOTION NO. 01: MOVE TO APPROVE THE AGENDA. RESULTS CARRIED MOVER Trustee Huyck SECONDER: Trustee Swisher AYES: Huyck, Rice, Rowe, Rosenoer, Sturm, Swisher 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 $25,000.00 require the Consent Agenda to be approved by a Roll Call vote) A. Minutes 1. Board of Trustees Regular Meeting April 22, 2025 2. Beautification Advisory Board = April 3, 2025 3. Recreation Advisory Board = April 16, 2025 4. Historic Preservation Commission = April 2, 2025 5. Planning & Zoning Commission - April 16, 2025 B. Police Chief Report C. Planning Director Report D. Public Works Director Report E. Town Clerk Report F. Adoption of Resolution No. 32, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING STEVE ALLENDER AS AN ALTERNATE MEMBER OF THE TRAILS ADVISORY BOARD." G. Adoption of Resolution No. 33, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE RENEWAL OF THE RETAIL MARIJUANA STORE LICENSE FOR ASCEND II, LLC." H. Adoption of Resolution No. 34, Series 2025, entitled, "AI RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE RENEWAL OF THE MEDICAL MARIJUANA STORE LICENSE FOR ASCEND II, LLC." I. Adoption of Resolution No. 35, Series 2025, entitled, "AI RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, RATIFYING THE APRIL 22, 2025 BOARD OF TRUSTEE APPROVAL OF A FIRST AMENDMENT TO THE PUBLIC IMPROVEMENTS AGREEMENT BETWEEN THE TOWN AND 500 N. COLORADO AVE. LLC FOR THE BOULDERS SUBDIVISION. # BOARD OF TRUSTEES OF THE TOWN OF BUENA' VISTA Page 3 of11 Regular Meeting May 13, 2025 Trustee Rowe requested the following correction to the April 22, 2025, Board of Trustees minutes: Motion No. 06 change from "Carried" to "Failed". MOTION NO. 02: MOVE TO APPROVE THE CONSENT AGENDA AS AMENDED. RESULTS CARRIED MOVER Trustee Rowe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher PUBLIC COMMENT Randy Crane, 423 Princeton Avenue, Buena Vista, owner of Comfurt Gas, located at 655 Greeg Drive, Buena Vista, shared his concerns with the Board's proposed consideration of the Electric Preferred Amendment to the Building Code. Crane stated if adopted, it would remove the diversity of having alternate energy sources and may be an example of governmental overreach by eliminating people's energy choices. Pat McCarty, 425 Yale Avenue, Buena Vista, an employee of Comfurt Gas and Chaffee County Economic Development Corporation (EDC) member, invited the Trustees to contact him if they have questions about propane use. Carle Linke, 32790 Columbia Ranch Road, Buena Vista, and owner of five properties in town, stated she does not support the Electric Preferred Amendment to the Building Code, which, in her opinion, is a ploy for control and increased revenue for electric companies and limits what homeowners can do with their property. Greg Perry, 27436 County Road 371, Buena Vista, stated that he is a local builder and feels the Electric Preferred Amendment to the Building Code is unwise and unnecessary. Perry noted that recent updates to the building code address electric requirements and allow property owners to make their own choices and decisions, as well as alternate sources for heat. Matt Nykiel, 903 J Street, Salida, stated that he fully supports Electric Preferred and that the municipalities must work together to support the building codes adopted and enforced by the Chaffee County Building Department. Nykiel requested the Trustees to adopt a resolution for the Electric Preferred Amendment, which will provide incentives for electric homes, meet future county and state requirements, and continue to provide property owners with heating alternatives. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 4 of 11 Regular Meeting May 13, 2025 Lisa Martin, 12350 County Road 195, Salida (via Zoom), spoke on behalf of Chaffee County Public Health and the Chaffee Story Time program, which is an intergenerational program to create public art displays in Buena Vista, Salida, and Poncha Springs. Public Hearing - Hotel & Restaurant Liquor License = Ada Potato LLC Town Clerk Paula Barnett reviewed with the Board that on February 11, 2025, business owners Karly and Robert Ramsdell applied for a Hotel & Restaurant Liquor License for Ada Restaurant, located at 420 W. Main Street. The property owners are remodeling the structure, and an opening date has not been determined. The appropriate fees have been paid, the application was scheduled for a public hearing on May 13, 2025, the required notices have been published and posted, and proof of possession of the premises has been provided. A background check was submitted for Karly Ramsdell, and satisfactory results were received from the Colorado Bureau of Investigation and the Federal Bureau of Investigation. Due to the ownership percentages, Robert Ramsdell is not required to complete a background check. A Needs & Desires Petition of the neighborhood was circulated and included with the application. The area with a radius of one mile from the proposed or currently licensed premises has been deemed the neighborhood. The Town Clerk reviewed the petition, and it was determined three of the signers do not reside within a one-mile radius ofthe proposed licensed premises. A second petition was provided to the applicant to circulate and obtain additional signatures and was returned by the applicant with five additional signatures meeting the requirement. Police Chief Dean Morgan, Planning Director Marika Kopp, Code Enforcement Officer Grant Bryans, and Chaffee County Fire Protection District Chief Kira Jones have given their approval for the license. Chaffee County Consumer Protection Specialist Stefanie Nelson stated that a retail food establishment license is required before opening. Barnett stated the Board is being asked to consider a motion to approve conditionally, approve with amendments, or deny the application for a Hotel & Restaurant Liquor License for Ada Potato, LLC dba Ada Restaurant, located at 420 W. Main Street, pending receipt of a certificate of occupancy from the Town of Buena Vista Planning & Zoning Department and the Chaffee County Building Department, and acquiring retail food establishment license. Karly Ramsdell, owner oft the business, and Susan Ramsdell, owner of the building, shared that Ada will offer an elevated dining experience, with reservations only, and will seat 401 to 50 people. Servers will be required to complete Safe Serve or TIPS training, and noise levels will be low due to the restaurant being in a residential area. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 5 of 11 Regular Meeting May 13, 2025 Mayor Fay asked if the outside lighting would impact neighbors, and Susan Rumsdell stated the restaurant sign would be on the front of the building facing south, and the lighting would be downcast and shielded. Trustee Rowe asked if outside music would impact the neighbors, and Karly Rumsdell stated there would be no music on the patio areas. Trustee Huyck commented on the limited space for parking and possible interference with bike lanes. Susan Rumsdell stated they have met the Municipal Code parking requirements and plan to install signs related to parking. Mayor Fay opened the hearing for public comment, and no comments were received. MOTION NO. 03: MOVE TO CONDITIONALLY APPROVE A HOTEL & RESTAURANT LIQUOR LICENSE FOR ADA POTATO, LLC, PENDING THE RECEIPT OF A CERTIFICATE OF OCCUPANCY FROM THE TOWN OF BUENA VISTA PLANNING & ZONING DEPARTMENT AND THE CHAFFEE COUNTY BUILDING DEPARTMENT AND ACQUIRING A RETAIL FOOD ESTABLISHMENT LICENSE. RESULTS CARRIED MOVER Trustee Sturm SECONDER: Trustee. Rosenoer: AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Public Hearing Change of Location of Liquor License - Dragon Sushi LLC Barnett reviewed that on May 28, 2024, the Trustees approved the Hotel & Restaurant Liquor License for Dragon Sushi Bar LLC dba Dragon Sushi Bar at 328 Charles Street, owner Sara Hernandez. On April 10, 2025, Ms. Hernandez submitted a Permit Application and Report of Changes form for a Change Location Permit. If approved, the permit allows the location tied to the Hotel & Restaurant liquor license to change from 328 Charles Street to 710 Highway 24 North. Ms. Hernandez is also submitting a change to the Trade Name from doing business as Dragon Sushi Bar to Latinos Restaurant and Dragon Sushi Bar. The Board of Trustees has no authority to grant or deny the change in Trade Name. The application was set for a public hearing before the Board of Trustees on May 13, 2025, and was noticed in the Chaffee County Times and posted on the property. The application has been deemed incomplete as of the deadline for compiling packet material. Staff requests that the Trustees consider a motion to continue the public hearing to June 10, 2025. Trustee Rosenor left the room at 7:48 PM. Mayor Fay opened the hearing for public comment, and no comments were received. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 60 of 11 Regular Meeting May 13, 2025 MOTION NO. 04: MOVE TO CONTINUE THE PUBLIC HEARING TO JUNE 10, 2025. RESULTS CARRIED MOVER Trustee Rice SECONDER: Trustee: Hyuck AYES: Huyck, Rice, Rowe, Sturm, Swisher Trustee Rosenor joined the meeting via Zoom at 7:50 PM. Upper Arkansas Water Conservancy District (UAWCD) 101 Upper Arkansas Water Conservancy District General Manager and Chief Executive Officer Greg Felt and Water Resource Specialist & Project Implementation Manager Gracy Goodwin provided the Trustees with an overview of UAWCD. Goodwin and Felt briefly discussed the following topics. Types of water law What makes the Arkansas River Basin Unique UAWCD District and Augmentation map How the UAWCD is funded Supply and Demand Augmentation Integrated Water Management Cottonwood Lake Dam and Spillway Trout Creek Park Alluvial Storage Chaffee County Groundwater Study Upper Arkansas Water Conservancy District = Memorandum of Understanding Should the Board of Trustees approve the adoption of Resolution No. 36, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING A NONBINDNG MEMORANDUM OF UNDERSTANDING REGARDING THE TOWN OF BUENA VISTA'S PURCHASE OF AUGMENTATION CERTIFICATES FROM THE UPPER ARKANSAS WATER CONSERVANCY DISTRICT IN CONNECTION WITH REQUESTS FOR WATER SERVICE BY THIRD PARTIES FROM BUENA VISTA." Senior Policy Advisor and Project Advocate Joel Benson reviewed that UAWCD and the Town have been working on a nonbinding Memorandum of Understanding regarding the Town's purchase of augmentation certificates from the Upper Arkansas Water Conservancy District in connection with requests for water services for a proposed development. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 7 of 11 Regular Meeting May 13, 2025 MOTION NO. 05: MOVE TO ADOPT RESOLUTION NO. 36, APPROVING A NONBINDING MEMORANDUM OF UNDERSTANDING REGARDING THE TOWN OF BUENA VISTA'S PURCHASE OF AUGMENTATION CERTIFICATES FROM THE UPPER ARKANSAS WATER CONSERVANCY DISTRICT IN CONNECTION WITH REQUESTS FOR WATER SERVICE BY THIRD PARTIES FROM BUENA VISTA. RESULTS CARRIED MOVER Trustee: Sturm SECONDER: Trustee Rice AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Electric Preferred Continued Discussion with Sangre de Cristo Electric Association and Atmos Energy Town Administrator Brian Berger provided the Trustees with information on previous discussions and received comments from residents and builders who supported and opposed the Electric Preferred Amendment to the Building Code. Per the direction of the Trustees, Berger coordinated with Atmos Energy Public Affairs Manager Briston Jones and Sangre de Cristo Electric Association (SDCEA) Chief Executive Officer Gary Kelly to meet with the Board to discuss their views on the impacts, benefits, and/or concerns of the Electric Preferred Amendments to the Building Code. Gary Kelly could not attend, and Chief Financial Officer Sara Crites and Business Development Manager Mike Allen presented on his behalf. Jones reviewed the Atmos Fueling Our Energy Future PowerPoint presentation with the Trustees. Crites stated that at SDCEA, they are committed to serving the best interests of the 14,000 members they proudly represent across five counties in central Colorado. Recognizing the diversity of perspectives on the current proposal and consumer-member needs, they believe it is most appropriate to maintain a neutral position. If the proposal is implemented, they are fully prepared to meet increased demands on the system and ensure dependable service to all members in the future. Their primary role remains unchanged, to provide safe, reliable, and cost-conscious electric service to power the lives of its members. The Trustees had a lengthy discussion that included the cost of electricity, heat pumps, greenhouse gas emissions, and the environmental footprint. Mayor Fay asked if the Electric Preferred Amendment to the Building Code is adopted, if a homeowner replaces windows or remodels a kitchen, would the entire house have to comply with the Electric Preferred codes? Berger stated he would research the question and provide follow-up information. Trustee Huyck asked if the county had adopted the Electric Preferred Code. Berger responded that they had not and are waiting for the municipalities to show support in adopting the code, and the State has not implemented any recent changes. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 8 of 11 Regular Meeting May 13, 2025 Berger stated that a resolution related to the Electric Preferred Amendment to the Building Code will be on a future agenda, allowing for further discussion and additional public comment. The Board took a break at 9:35 and reconvened at 9:45. Quiet Title Case - 107 Cottonwood Town Attorney Jeff Parker reviewed that Abrams Family Ventures, LLC, owns the property on the corner of Centennial Plaza and Cedar Street. The owner has filed a quiet title action to obtain an order from the court regarding ownership of a parcel of property that was omitted from the legal description of deeds for the property since 1960. A portion of the parcel consists of the vacated right of way of Centennial Plaza, previously known as Park Place. To ensure a proper judgment in a quit title, all parties who may have an interest in the property must be named as a defendant. Because the Town once owned Park Place and vacated a portion of the street in 1959, it was identified as a defendant. Parker stated he has reviewed the documents and believes that the Town has no interest in the vacated 10 feet of Park Place, and recommends filing a disclaimer in the case. MOTION NO. 06: MOVE TO APPROVE THE TOWN ATTORNEY FILE A DISCLAIMER STATING THE TOWN HAS NO INTEREST IN THE VACATED 10 FEET OF 107 COTTONWOOD, FORMERLY KNOWN AS PARK PLACE. RESULTS CARRIED MOVER Trustee Rowe SECONDER: Trustee Rice AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher INFORMATION ONLY Letter of Support = Ice Rink for Chaffee County MOTION NO. 07: MOVE TO APPROVE MAYOR FAY SIGN THE LETTER OF SUPPORT FOR THE CHAFFEE COUNTY ICE RINK. RESULTS CARRIED MOVER Trustee: Rowe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rowe, Rosenoer, Sturm, Swisher BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 9 of 11 Regular Meeting May 13, 2025 TRUSTEE INTERACTION Trustees reported on or commented about recent and upcoming events, activities, and topics. Trustee Rosenoer stated the Board of Trustees has limited options to create affordable housing in the community and requested a work session to revisit the Short-Term Rental policy and to place a moratorium on issuing short-term rental licenses until the policy is revisited. Trustee Rowe stated he does not think lowering the caps on short-term rentals will benefit affordable housing. Trustee Swisher stated the short-term rental policy is a living document and would also like a work session on the topic. Trustee Rice noted that short-term rentals are also addressed in the proposed Comp Plan and should be considered. Berger will include the topic on a future agenda. EXECUTIVE SESSION 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 C.R.S. S 24-6-402(4)(e), concerning the potential acquisition of water rights. MOTION NO. 08: MOVE TO GO INTO EXECUTIVE SESSION TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOP A STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCT NEGOTIATORS, PERSUANT TO C.R.S. $ 24-6-402/4)(e), CONCERNING THE POTENTIAL ACQUISITION OF LAND AND WATER RIGHTS. RESULTS: CARRIED MOVER Trustee owe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher The Board went into Executive Session at 10:10 PM. Present for the Executive Session were Mayor Libby Fay, Trustees Maggie Huyck, Andrew Rice, Micha Rosenoer, Devin Rowe, Chris Sturm, Cindie Swisher, Senior Policy Advisor & Project Advocate Joel Benson, Planning Director Marika Kopp, Town Attorney Jeff Parker via Zoom, and Town Administrator Brian Berger. The Board came out of the Executive Session at 10:37 PM. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 10 of 11 Regular Meeting May 13, 2025 MOTION NO. 09: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE ADJOURNED AT 10:38 PM. RESULTS CARRIED MOVER Trustee Rowe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Respectfully submitted: h44, K Libby Fay, May ae A Paula Barnett, Town Clerk S2 FALV CT. 6 BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 11 of 11 Regular Meeting May 13, 2025