18> 79 THE TOVN OF MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES 8UENA VISTA REGULAR MEETING CO Tuesday, May 27, 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 = Chaffee County Fire Protection District and Buena Vista Police Department Mayor Libby Fay, Trustees Maggie Huyck, Andrew Rice, Micha Rosenoer, Devin Rowe, Chris Sturm, and Cindie Swisher, Town Administrator Brian Berger, Chaffee County Fire Protection District Fire Chief Kira Jones, Police Chief Dean Morgan, Town Treasurer Phillip Puckett, Planning Director Marika Kopp, and Town Clerk Paula Barnett. Chaffee County Fire Protection District Fire Chief Kira Jones reviewed the First and Second Quarter Recap Report with the Trustees. Jones shared that the fire outlook for the summer is unknown at this time and that Chaffee Sheriff Andy Rohrich is very proactive in setting and enforcing fire restrictions in the county. Jones stated that the Chaffee County Fire Protection District abides by the fire restrictions set by Sheriff Rohrich, which would also apply to the Town of Buena Vista. Jones stated that the Department is not currently engaging in rescue, search, and water recovery at the River Park and is working on the Department's Three-Year Plan. Jones and the Trustees discussed various topics, including water suppression systems, fire hydrants on the west side oft the highway, testing of fire hydrants, and ensuring the town and county have adequate service coverage when the Department is supporting events at The Meadows. Police Chief Dean Morgan reviewed the Buena Vista Police Chief PowerPoint included in the Board of Trustees Packet. Chief Morgan stated that the department's most significant challenges are obtaining and retaining officers, having the lowest salaries in the county for law enforcement officers, and housing for staff. Chief Morgan and the Trustees discussed various law enforcement and safety topics for officers, community members, and visitors. BOARD OF TRUSTEES OF THE TOWN OF BUENA' VISTA Page 1 of 11 Regular Meeting May 27, 2025 An in-person/Virtual regular meeting of the Board of Trustees was called to order by Mayor Libby Fay at 7:05 PM, Tuesday, May 27, 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 Town Treasurer Phillip Puckett Planning Director Marika Kopp Airport Manager Jack Wyles Recreation Director Shane Basford Town Clerk Paula Barnett Senior Policy Advisory & Project Advocate Joel Benson PLEDGE OF ALLEGIANCE Mayor Fay led the Pledge of Allegiance. OATH OF OFFICE Town Clerk Paula Barnett administered the Oath of Office to Police Officer Brandon Lankford. 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 BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 2 of1 11 Regular Meeting May 27, 2025 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. Tree Advisory Board = April 3, 2025 3. Airport Advisory Board - March 18, 2025 4. Airport Advisory Board - April 15, 2025 B. Town Administrator C. Town Treasurer D. Airport Manager E. Recreation Director MOTION NO. 02: MOVE TO APPROVE THE CONSENT AGENDA. RESULTS CARRIED MOVER Trustee Swisher SECONDER: Trustee Rowe AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher PUBLIC COMMENT Mary Therese Anstey, 819 S. Gunnison, Buena Vista, Chairperson of the Historic Preservation Commission (HPC), shared with the Trustees that May is Historic Preservation Month. Anstey stated HPC hosts a community coloring contest and requested the Trustees to judge the 19 coloring pictures. Orion Lane, 428 Reynolds Avenue, representative for Reach AirMed, an entity providing emergency air coverage to municipalities across the state, is aware that the Town is utilizing a third-party vendor and would like to present information to the Board and Staff about their services. Lane stated that 38% of Chaffee County residents are members of Reaach AirMed. 2024 Audit Report Jim Hinkle, representing Hinkle & Company PC, stated that the 2024 audit had been completed and that the 2024 financial statements had received an unmodified opinion. An unmodified opinion is the highest level of assurance attainable in an audit, indicating that the financial statements present an accurate and fair view of the Town's finances in conformity with generally accepted accounting principles. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 3 of 11 Regular Meeting May 27, 2025 Hinkle complimented Town Treasurer Phillip Puckett and his accounting staff fori their excellent work and prioritizing balancing and closing the monthly reports. MOTION NO. 03: MOVE TO ACCEPT THE 2024 FINANCIAL STATEMENTS AND AUDIT REPORT AS PRESENTED. RESULTS CARRIED MOVER Trustee: Rowe SECONDER: Trustee. Sturm AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Trustee Rosenoer left the room at 7:15 PM and attended the meeting via Zoom. Central Colorado Regional Airport Should the Board of Trustees approve the adoption of Resolution No. 37, Series 2025, entitled, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING GRANT AGREEMENTS FROM BOTH THE FEDERAL AVIATION ADMINISTRATION AIRPORT INFRASTRUCTURE GRANT, AND COLORADO DIVISION OF AERONAUTIC - DISCRETIONARY AVIATION GRANT, FOR THE 2025 NORTH APRON REHABILITATION AND EXPANSION PROJECT - CONSTRUCTION PHASE, (the PROJECT). Should the Board of Trustees approve the adoption of Resolution No. 38, Series 2025, entitled, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE AGREEMENT FOR PROFESSIONAL SERVICES PROVIDED BY DIBBLE ENGINEERING INC., AND THE CONSTRUCTION CONTRACT WITH PYRAMID CONSTRUCTION, INC., FOR 2025 NORTH APRON REHABILITATION AND EXPANSION PROJECT CONSTRUCTION PHASE, (THE "PROJECT"). Airport Manager Jack Wyles reviewed that Staff is requesting the Board to consider approving the Federal Aviation Administration and Colorado Division of AeronauticDscretionany Aviation Grants and the Agreements for Professional Services with Dibble Engineering Inc. and Pyramid Coonstruction, Inc. for the 2025 North Apron Rehabilitation and Expansion Project Construction Phase. MOTION NO. 04: MOVE TO ADOPT RESOLUTION NO. 37 APPROVING GRANT AGREEMENTS FROM BOTH THE FEDERAL AVIATION ADMINISTRATION AIRPORT INFRASTRUCTURE GRANT, AND COLORADO DIVISION OF AERONAUTIC - DISCRETIONARY AVIATION GRANT, FOR THE 2025 NORTH APRON REHABILITATION AND EXPANSION PROJECT - CONSTRUCTION PHASE, (the PROJECT). BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 4 of 11 Regular Meeting May 27, 2025 RESULTS: CARRIED MOVER Trustee Rowe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Wyles stated there is a minor discrepancy in the Budget Impact summary, and there will be a budget shortage of approximately $9,500.00 due to the allocated costs, grant funding, and the Town's matching funds. Mario Maraccini, Airport Development Senior Project Engineer with Dibble Engineering, stated they will work with the FAA to cover the shortfall and strive to ensure the project stays within the budget and save money wherever possible. MOTION NO. 05: MOVE TO ADOPT RESOLUTION NO. 38 APPROVING THE AGREEMENT FOR PROFESSIONAL SERVICES PROVIDED BY DIBBLE ENGINEERING INC., AND THE CONSTRUCTION CONTRACT WITH PYRAMID CONSTRUCTION, INC., FOR 2025 NORTH APRON REHABILITATION AND EXPANSION PROJECT CONSTRUCTION PHASE, (THE "PROJECT"). RESULTS CARRIED MOVER: Trustee: Swisher SECONDER: Trustee: Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Trustee Rosenoer rejoined the meeting in person at 7:44 PM. Pocket Wave 2.0 Remodel Contractor Agreement Should the Board of Trustees approve the adoption of Resolution No. 39, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING A CONSTRUCTION CONTRACT WITH LOWRY CONTRACTING FOR THE POCKET WAVE REMODEL PROJECT. Recreation Director Shane Basford reviewed The Pocket Wave in the Buena Vista Whitewater Park, which was built in 2014 and experiences enormous recreational use in the spring and summer months no longer functions as originally designed. Extreme overcrowding at adjacent river features has created diminishing experiences and increased safety concerns. The new plans included in the Construction Contract with Lowry Contracting call for a complete remodel of the Pocket Wave that will take place in the Fall of 2025. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 5 of 11 Regular Meeting May 27, 2025 Basford provided an overview of the project from May 2022 to date. Since the summer of 2024, Staff has been working with REP and Lowry to finalize the design and update the agreement for the Pocket Wave 2.0. The revised contract is $176,866, and the project is fully funded in the 2025 Adopted Budget. Basford stated that the community continues fundraising to support this project and the Buena Vista Whitewater Park improvements. MOTION NO. 06: MOVE TO ADOPT RESOLUTION NO. 39 APPROVING A CONSTRUCTION CONTRACT WITH LOWRY CONTRACTING FOR THE POCKET WAVE REMODEL PROJECT. RESULTS CARRIED MOVER Trustee: Sturm SECONDER: Trustee Rosenoer AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Special Event Vendor Permits "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA DELETING SECTION 6-30 OF CHAPTER 6, AMENDING SECTION 11-121 OF CHAPTER 11, AND AMENDING SECTION 16.03.3.4.4(A) OF THE TOWN OF BUENA VISTA MUNICIPAL CODE CONCERNING SPECIAL EVENTS AND TEMPORARY VENDOR PERMITS. Basford reviewed that in the past, a temporary town business license was issued to out-of- town vendors at special events to enable them to sell goods within town limits. Colorado Senate Bill 22-032 required changes in how the Town issued and charged for business licenses, including the temporary town business license for special events, creating a gray area for special event vendors. To add further confusion to this issue, the Unified Development Code, Article 16.03, Section 3.4.4.C, defines and regulates temporary vendors in town who are not associated with a special event, such as food trucks. Staff met in early 2025 to strategize how to proceed, and the decision was made to create a new permit for event vendors completely separate from business licenses and temporary vendors. Vendors at a special event on Town property will pay a fee and submit their business information to obtain a special event vendor permit, which allows them to vend on Town property. The temporary town business license fee was $15, and Staff recommended the same fee for the Special Event Vendor Permit and permits coordinated through the Event Organizer for each event. To implement the Special Event Vendor Permit, Staff proposes to remove all the outdated code language around special event business licenses in Section 6-30 of Chapter 6 of the Code and to clarify Section 16.03.3.4.4(A) to separate event vendors from temporary vendors. The language to define Special Event Vendor Permit is included in Ordinance No. 5 and will update Chapter 11, Article VII oft the Municipal Code, Special Events in Public Places. The 2025 Fee Schedule must also be amended to implement the Special Event Vendor Permit process. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 6 of 11 Regular Meeting May 27, 2025 MOTION NO. 07: MOVE TO ADOPT ORDINANCE NO. 05 DELETING SECTION 6-30 OF CHAPTER 6, AMENDING SECTION 11-121 OF CHAPTER 11, AND AMENDING SECTION 16.03.3.4.4(A) OF THE TOWN OF BUENA VISTA MUNICIPAL CODE CONCERNING SPECIAL EVENTS AND TEMPORARY VENDOR PERMITS. RESULTS CARRIED MOVER Trustee, Rosenoer SECONDER: Trustee Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher 2025 Fee Schedule Updates Should the Board of Trustees approve the adoption of Resolution No. 40, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, AMENDING THE TOWN OF BUENA VISTA FEE SCHEDULE TO ADD FEES RELATED TO VENDORS AT SPECIAL EVENTS AND UPDATE PARKING CASH IN LIEU FEES." Planning Director Marika Kopp reviewed the proposed fee change is a follow-up to the parking cash-in-lieu fee discussion at the Work Session on May 13, 2025. Kopp reviewed the recent parking fee-in-lieu requests, which had varied outcomes depending on the scale and context oft the proposed developments. The public library expansion project successfully sought and was approved for a fee-in-lieu of three parking spaces, recognizing the public benefit of the facility. The Northside market-rate residential development requested a fee-in-lieu for 30 parking spaces, and the Cedar Street condominium proposal sought relief for 12 spaces, and the Board denied the requests. Had all three requests been approved under the current fee structure of $1,200 per space, the total amount collected would have equaled $54,000, which is insufficient to cover the actual costs of providing equivalent parking infrastructure. The current fee is significantly below the actual expenses incurred for land acquisition, design, materials, installation, and ongoing maintenance of parking facilities. It does not adequately offset the financial burden on the municipality or support sustainable development practices. Staff recommends increasing the parking cash-in-lieu fee from $1,200 to $12,000 to accurately reflect the cost of providing parking infrastructure. Based on conversations with the Planning and Zoning Commission, Staff will continue to explore options for a sliding scale where the more spaces requested will result in a higher fee per space. Given the timeline between the Planning & Zoning Commission meeting and the Board of Trustees meeting, the Commission agreed that a flat increase to $12,000 is an appropriate first step. Currently, no applications request parking cash-in-lieu, and the Planning Department is defining protocols for parking cash-in-lieu requests. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 7 of 11 Regular Meeting May 27, 2025 Trustee Rowe asked when the increased fee would go into effect, and Town Administrator Brian Berger stated that upon adopting Resolution No. 40, the 2025 Fee Schedule would be amended, and the new fee would go into effect. Trustee Rice thanked Kopp for her efforts to expedite the implementation of the increased fee. MOTION NO. 08: MOVE TO ADOPT RESOLUTION NO. 40 AMENDING THE TOWN OF BUENA VISTA FEE SCHEDULE TO ADD FEES RELATED TO VENDORS AT SPECIAL EVENTS AND UPDATE PARKING CASH IN LIEU FEES. RESULTS CARRIED MOVER Trustee Rowe SECONDER: Trustee: Rosenoer AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Public Hearing - Rezone and Special Use Permit = 27959 County Road 319 Should the Board of Trustees approve the adoption of Ordinance No. 06, Series 2025, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA REZONING CERTAIN PROPERTY KNOWN AS LOT A-4, COLORADO CENTER PLANNED UNIT DEVELOPMENT FROM PLANNED UNIT DEVELOPMENT (PUD) TO LIGHT INDUSTRIAL (1-1) AND AMENDING THE OFFICIAL ZONING MAP." Mayor Fay opened the Public Hearing, and Kopp reviewed Brent Wall, President of Peaks Precast, applied for a Rezone from the existing Planned Unit Development (PUD) zone to the Industrial (I-1) zone and a Special Use Permit for 27959 County Road 319. The Planning and Zoning Commission reviewed the application and conditionally approved a Special Use Permit request allowing concrete manufacturing on the condition of the final approval of the rezoning by the Board of Trustees. The applicant proposes that the property and existing building be utilized as a precast concrete manufacturing facility if approved. Kopp reviewed the history of the Colorado Center PUD and that in March of 2023, all property owners, except this property, agreed to be rezoned to I-1. Kopp outlined the requirements Mr. Wall must complete and is working on bringing the property into compliance to issue a certificate of occupancy. Kopp stated that the Staff and the Planning & Zoning Commission recommended that the Trustees approve the rezoning request. Mayor Fay said that the Town calculates how much water will be used for residential projects and asked if a calculation has been made to determine how much water the facility will utilize. Senior Policy Advisory & Project Advocate Joel Benson stated that water use would be determined when the building permit is submitted, and the fixture count and water used will be evaluated. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 8 of 11 Regular Meeting May 27, 2025 Trustee Rosenoer asked if there are concerns about increased heavy transport truck traffic on the road, impacts on road infrastructure, and if improvements are required to handle the increased traffic volume. Kopp stated that the applicant would answer the question about the number oft trucks per day. Upon initial review, access improvements are required for the lot, and street improvements will be reviewed during the building permit review process to determine if street improvements are needed. Brent Wall, owner of Peaks Precast, shared that the location and building will be utilized to manufacture precast concrete elements for residential and commercial new construction builds. Operations will be consistent with the industrial nature of neighboring businesses. The concrete manufacturing will occur inside the building, the exterior yard will be utilized for temporary screened storage, and the property will not be open to the public or have a retail element. Precast concrete is a construction material poured into a cast/mold, cured in a factory-controlled environment, then transported to the construction site, ready for installation. The business will operate year-round and employ four to six employees in the first year, with expectations for ten employees in the second year. Peaks Precast will be purchasing cement from ACA, and anticipated truck traffic includes one to two daily concrete deliveries and one to two flatbed trucks departing to deliver products. Mayor Fay opened the Public Hearing for public comment, and no comments were received, and the public hearing was closed. MOTION NO. 09: MOVE TO ADOPT ORDINANCE NO.06 REZONING CERTAIN PROPERTY KNOWN AS LOT A-4, COLORADO CENTER PLANNED UNIT DEVELOPMENT FROM PLANNED UNIT DEVELOPMENT PUD)TOLIGHT INDUSTRIAL (1-1) AND AMENDING THE OFFICIAL ZONING MAP. RESULTS CARRIED MOVER Trustee Rice SECONDER: Trustee Rowe AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Sunset Vista Phase 5 Development Improvement Agreement 8:41 PM Should the Board of Trustees approve the adoption of Resolution No. 41, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING A PHASED DEVELOPMENT IMPROVEMENT AGREEMENT WITH PARAGON BUSINESS VENTURES, LLC FOR THE PROPERTY KNOWN AS SUNSET VISTA SUBDIVISION FILING NO. 4, BUENA VISTA, COLORADO." Kopp reviewed Paragon Ventures, LLC. is requesting the approval of a Phased Development Improvements Agreement for the installation of improvements such as water, sanitation, BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 9 of 11 Regular Meeting May 27, 2025 utilities, roads, concrete, and drainage infrastructure for Phase 5 of the Sunset Vista Subdivision that will support new construction of this phase portion of the residential subdivision. The agreement will be supported by a letter of credit, and the Town can collect those funds if the publici improvements are not implemented. Kopp stated that the Staff is recommending approval ofthe Phased Development Improvement Agreement. Trustee Rice stated he has concerns that there are no sidewalks in Sunset Vista along vacant lots, resulting in pedestrians having to walk off the sidewalk, into the street, and back onto the sidewalk when and where there are sidewalks. Kopp stated that the Master Development Agreement of this neighborhood requires that sidewalks be installed as the building permits are approved, not when the streets are installed. Kopp noted that is not the preferred approach and, in the future, will be working with Town Administrator Berger and Town Attorney Parker to redefine the installation of sidewalk requirements in the Master Development Agreements. Trustee Rice commented that he understands that the Town is locked into the Master Development Agreement with Paragon Business Ventures and the Sunset Vista Subdivision and will be voting no as a matter of principle. MOTION NO. 10: MOVE TO ADOPT RESOLUTION NO. 41 APPROVING A PHASED DEVELOPMENT IMPROVEMENT AGREEMENT WITH PARAGON BUSINESS VENTURES, LLC FOR THE PROPERTY KNOWN AS SUNSET VISTA SUBDIVISION FILING NO. 4, BUENA VISTA, COLORADO. RESULTS CARRIED MOVER Trustee. Sturm SECONDER: Trustee. Swisher AYES: Huyck, Rosenoer, Rowe, Sturm, Swisher NYES: Rice Due to illness, Town Attorney Parker left the meeting at 8:47 PM. Comp Plan Draft Release Gabby Voller, Senior Associate Community Planning, Community and Recreation Planner Noelle Gignoux (via Zoom), and Michal Yermin (via Zoom) with SE Group presented an overview of the Draft Comp Plan to the Trustees. Trustee Rosenoer left the room at 9:12 PM and joined the meeting via Zoom. The Trustees, Staff, Voller, Gignoux, and Yermin had a lengthy review and discussion of the draft Comp Plan. Voller stated there will be a month-long public comment and engagement process and the opportunity for the Mayor, Trustees, Staff, and residents to review and recommend changes, and the target adoption date is June or July of this year. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 10 of 11 Regular Meeting May 27, 2025 Trustee Rosenoer rejoined the room at 9:36 PM. TRUSTEE INTERACTION Trustees reported on or commented about recent and upcoming events, activities, and topics. Mayor Fay shared that all residents and visitors must be cautious about preventing wildfires. Mayor Fay requested additional Emergency Preparedness Training for the Board and Staff by Chaffee County Emergency Manager Rich Atkins. Trustee Swisher shared that in the past five years, she has had two family members who had to utilize Reach Air Med, and ift they did not have the service, it would have cost $65,000.00 per trip. Trustee Swisher would like the Town to provide the benefit to Staff. Puckett stated that the benefit is offered to employees from another vendor that services Colorado and areas outside the state. Kopp introduced the Planning Department's newest employee, Planner 1 Carly Croft. MOTION NO. 11: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE ADJOURNED AT 10:10 PM. RESULTS CARRIED MOVER Trustee Rowe SECONDER: Trustee Rosenoer AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Respectfully submitted: %M,1 Libby Fay, Mayor - R - - 0 Paula Barnett, Town Clerk $ a *SEAL* - 1 WE - BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 11 of 11 Regular Meeting May 27, 2025