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Board of Trustees - Agendas & Minutes (Packets below)

Regular Meeting

Buena Vista, CO · May 14, 2024

AgendaMinutes

Minutes

MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES REGULAR MEETING Tuesday, May 14, 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 – Tax Increment Financing (TIF) Mayor Libby Fay, Trustees Maggie Huyck, Gina Lucrezi, Andrew Rice, Micha Rosenoer, Devin Rowe, and Cindie Swisher attended the work session. Also present were Town Administrator Brian Berger, Town Attorney Kathryn Sellars, and Town Clerk Paula Barnett. Downtown Colorado, Inc. (DCI) Executive Director Kat Correll, Angela Hygh, Land Use and Public Finance Attorney, with Brownstein Hyatt Farber Schreck, Troy Bernberg, Public Finance Investment Banker, Northland Public Finance, and Rick Harmann, Economic Development Manager, City of Canon City provided the Board with information about Tax Increment Financing (TIF). Kat Correll stated that Downtown Colorado Inc. has existed since 1982 and is committed to building prosperous, equitable, creative, and welcoming downtowns. They provide five core services to organizations and individuals engaged in downtown and commercial district development. • Advisory services • Educational Events • Advocacy and Information • Business Improvement District (BID), Downtown Development Authority (DDA), and Urban Renewal Authority (URA) formation and training assistance • Colorado Challenge Program Angela Hygh reviewed Tax Increment Financing (TIF), a financing mechanism that helps communities encourage developers and the private sector to invest and develop around a community vision. Downtown Colorado Inc. provides education, best practices, and network connections to Colorado municipalities to foster public-private partnerships. Downtown Development Authorities (DDA) are created to deter blight in the central business district, utilize TIF, and access mill levy funds. Areas of work are outlined in the Plan of Development, and there is one defined DDA area in the central business district. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 1 of 7 Regular Meeting May 14, 2024 Hygh stated that Urban Renewal Authorities (URA) are created to remediate blight, can use TIF, cover the entire municipality, and may have multiple urban renewal plan areas. Generally, it must be within municipal boundaries but may include contiguous unincorporated areas, with the county's consent. Hygh stated that tax increment financing is not a new tax and is used when extraordinary public improvement requirements are needed. It does not increase tax rates on existing property owners or require other property owners inside or outside the plan area to contribute to the activity. The increment captures the additional value created by private investment to put back into the activity, which results in growth paying its way for Improvements. Troy Bernberg stated that TIF is not magic. It can add incentives to projects with a financing gap. Less TIF is less effective, and other incentives are often needed. Developer agreements are necessary to decrease risks. Bernberg outlined the TIF process and timeline, which include the following processes. • Complete a Conditions Study • Consider vision and assets • Establish communication • Form Urban Renewal Authority by ordinance • Establish bylaws • Identify Urban Renewal Plan Area • Negotiate agreements • Adopt the Urban Renewal Authority Plan • Wait for TIF Rick Harmann gave a brief overview of how the City of Canon City Urban Renewal Authority operates and the projects they are working to accomplish utilizing TIF. The Board of Trustees, Correll, Hygh, Bernberg, and Harmann briefly discussed the several facets of TIF. The Board thanked Correll, Hygh, Bernberg, and Harmann for the informative presentation. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 2 of 7 Regular Meeting May 14, 2024 An in-person/virtual regular meeting of the Board of Trustees was called to order by Mayor Libby Fay at 7:10 PM, Tuesday, May 14, 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 Title Status Libby Fay Mayor Present Maggie Huyck Trustee Present Gina Lucrezi Trustee Present Andrew Rice Trustee Present Micha Rosenoer Trustee Present Devin Rowe Trustee Present Cindie Swisher Trustee Present Town Staff Present: Town Administrator Brian Berger Town Attorney Kathryn Sellers via Zoom Code Enforcement Officer Grant Bryans Town Clerk Paula Barnett Public Works Director Shawn Williams via Zoom 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 Seft Hoffman. PROCLAMATION Mayor Fay read the proclamation declaring May 2024 as Lyme and Other Tick-Borne Diseases – Conditions Awareness Month. AGENDA ADOPTION MOTION NO. 01: MOVE TO APPROVE THE AGENDA. RESULTS CARRIED MOVER Trustee Lucrezi SECONDER: Trustee Rice AYES: Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 3 of 7 Regular Meeting May 14, 2024 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 23, 2024 2. Tree Advisory Board – March 7, 2024 3. Water Advisory Board – March 21, 2024 4. Recreation Advisory Board – March 20, 2024 5. Beautification Advisory Board – March 7, 2024 6. Beautification Advisory Board – April 4, 2024 7. Planning & Zoning Commission – April 17, 2024 B. Adoption of Resolution No. 39, Series 2024, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, AFFIRMING THOSE PERSONS WHO ARE AUTHORIZED TO SIGN ON TOWN BANK ACCOUNTS.” C. Adoption of Resolution No. 40, Series 2024, entitled, “A 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.” D. Adoption of Resolution No. 41, Series 2024, 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.” E. Adoption of Resolution No. 42, Series 2024, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING GREGORY LYLES AS AN ALTERNATE MEMBER OF THE AIRPORT ADVISORY BOARD.” F. Adoption of Resolution No. 43, Series 2024, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING LIBBY FAY TO THE CHAFFEE COUNTY MULTIJURISDICTIONAL HOUSING AUTHORITY.” G. Police Chief Report H. Planning Director Report I. Public Works Director Report Trustee Lucrezi stated, in reference to Planning Director Joel Benson’s report, that she would like to be on the Comprehensive Plan advisory committee. Trustee Huyck and Trustee Swisher stated they also would like to be on the advisory committee. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 4 of 7 Regular Meeting May 14, 2024 MOTION NO. 02: MOVE TO APPROVE THE CONSENT AGENDA. RESULTS CARRIED MOVER: Trustee Rowe SECONDER: Trustee Swisher AYES: Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher PUBLIC COMMENT No Public Comments were received. PRESENTATIONS Visionary Broadband Introduction and Update Visionary Broadband Vice President Brian Shepherd and Aristata Communications Chief Executive Officer Carlin Walsh reviewed with the Board that Aristata Communications has been acquired by Visionary Broadband. The acquisition will ensure a reliable high-speed internet service, retain dedicated and talented employees who will ensure high-quality internet services, and continue the company’s longstanding commitment to the values of the communities they serve. BUSINESS ITEMS Municipal Code Change Should the Board of Trustees approve the adoption of Ordinance No. 09, Series 2024, entitled, “AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTION 3.1.4 OF ARTICLE 16.03 OF CHAPTER 16 OF THE BUENA VISTA MUNICIPAL CODE TO ADD THE SCREENED STORAGE OF FINISHED MANUFACTURED PRODUCTS AS A SPECIAL USE IN THE I-1 ZONE DISTRICT.” Code Enforcement Officer Grant Bryans reviewed the proposed municipal code changes that would allow manufacturing businesses in the Industrial (I) Zone a place to store their goods after they are constructed but before delivery. If a factory were to obtain another vacant lot on which to store its product, it would not comply with the town’s code. Currently, the code allows building materials and storage as a use-by-right in nonresidential districts but does not allow the storage of manufactured goods. Bryans stated that the proposed change to Chapter 16, section 3.1.4 of the Municipal Code would allow the screened storage of finished manufactured industrial products finished at manufacturing facilities located in the Town of Buena Vista through a Special Use Permit. Screening and fencing standards outlined in Section 4.4.6 shall apply subject to modification as a part of the final approved Special Use Permit. Bryans said this policy allows the Planning and Zoning Commission to look at each case individually and make recommendations that apply to the use and impact that each manufacturer would have. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 5 of 7 Regular Meeting May 14, 2024 Trustee Rice asked Bryans for an example of this use. Bryans stated that Fading West uses the lot behind the factory to store the completed housing units (boxes). Town Administrator Brian Berger pointed out that one example of this is that some of the boxes stored on the property next to Fading West are for the Carbonate Street Project. All the boxes for the project have been built, but there is no space on site to store them while the infrastructure is being completed so they are being stored next to the factory until delivery can be made. MOTION NO. 03: MOVE TO ADOPT ORDINANCE NO. 09 AMENDING SECTION 3.1.4 OF ARTICLE 16.03 OF CHAPTER 16 OF THE BUENA VISTA MUNICIPAL CODE TO ADD THE SCREENED STORAGE OF FINISHED MANUFACTURED PRODUCTS AS A SPECIAL USE IN THE I-1 ZONE DISTRICT.” RESULTS CARRIED MOVER: Trustee Rosenoer SECONDER: Trustee Huyck AYES: Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher Code Enforcement Officer Bryans left the meeting at 7:56 pm. Board of Trustees Training Department of Local Affairs (DOLA) South Central Regional Manager Randi Snead provided an overview of DOLA and information on the roles and responsibilities of the Board of Trustees. TRUSTEE INTERACTION Trustees reported on or commented about recent and upcoming events, activities, and topics. Trustee Rowe shared an Upper Arkansas Area Council of Governments (UAACOG) handout with the Board. Berger stated Chaffee Housing Authority (CHA) Director Ashley Kappel had submitted her resignation. Berger will be involved in a transition committee that will help identify an interim director and next steps for CHA. MOTION NO. 04: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE ADJOURNED AT 9:12 PM. RESULTS CARRIED MOVER: Trustee Rice SECONDER: Trustee Huyck AYES: Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 6 of 7 Regular Meeting May 14, 2024

Agenda

AGENDA FOR THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO May 14, 2024 Work Session at 6:00 PM – Tax Increment Financing (TIF) (The Board will not make decisions during the Work Session) Regular Meeting at 7:00 PM The Board of Trustee meetings are held at the Community Center and are open to the public. Staff and the Public are encouraged to attend the meeting virtually. 715 E. Main Street, Buena Vista, Colorado To attend the meeting virtually or to participate in Public Comment and/or Public Hearings, you must connect to the video conference. Conferencing Access Information: https://us02web.zoom.us/j/81138570285 Password: 070320 Listen via phone at 1-719-359-4580 Meeting ID: 811 3857 0285 Password: 070320 THE BOARD OF TRUSTEES MAY TAKE ACTION ON ANY OF THE FOLLOWING AGENDA ITEMS AS PRESENTED OR MODIFIED PRIOR TO OR DURING THE MEETING, AND ITEMS NECESSARY TO EFFECTUATE THE AGENDA ITEMS I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. OATH OF OFFICE – Police Officer Seth Hoffman V. PROCLAMATION – Tick-Borne Diseases VI. AGENDA ADOPTION The Board approves the agenda at the start of the meeting, including modifications. VII. 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 23, 2024 2. Tree Advisory Board – March 7, 2024 3. Water Advisory Board – March 21, 2024 4. Recreation Advisory Board – March 20, 2024 5. Beautification Advisory Board – March 7, 2024 This Agenda may be Amended Posted at Buena Vista Town Hall, Post Office and www.buenavistaco.gov on Friday, May, 10, 2024 6. Beautification Advisory Board – April 4, 2024 7. Planning & Zoning Commission – April 17, 2024 B. Adoption of Resolution No. 39, Series 2024, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, AFFIRMING THOSE PERSONS WHO ARE AUTHORIZED TO SIGN ON TOWN BANK ACCOUNTS.” C. Adoption of Resolution No. 40, Series 2024, entitled, “A 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.” D. Adoption of Resolution No. 41, Series 2024, 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.” E. Adoption of Resolution No. 42, Series 2024, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING GREGORY LYLES AS AN ALTERNATE MEMBER OF THE AIRPORT ADVISORY BOARD.” F. Adoption of Resolution No. 43, Series 2024, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING LIBBY FAY TO THE CHAFFEE COUNTY MULTIJURISDICTIONAL HOUSING AUTHORITY.” G. Police Chief Report H. Planning Director Report I. Public Works Director Report VIII. PUBLIC COMMENT Citizen participation where the public can sign up prior to the start of the meeting to speak during public comment. Three minutes for matters not on the agenda or for agenda items not scheduled for Public Hearing. Enter your name, address, and subject to be discussed in the Zoom Chat box, or when Mayor Fay asks for Public Comment, click the raise hand button in the webinar control panel, or by phone press *9, and the meeting host will prompt you to unmute when it is your turn to speak. Or you may email the information to bvclerk@buenavistaco.gov. Neither Town Board nor Town staff should be expected to respond to matters raised in the Public Comment segment of Board meetings. Nevertheless, Board members will always retain the right to ask questions of the speaker and respond then or later to remarks made by any citizen. Comments made in the Zoom Chatbox will not be discussed or included in the minutes. IX. PRESENTATIONS A. Visionary Broadband Introduction and Update Brian Shepherd will provide an introduction to Visionary Broadband and an update on their recent acquisition of Aristata Communications. (Estimated time – 15 minutes) X. BUSINESS ITEMS A. Municipal Code Change Should the Board of Trustees approve the adoption of Ordinance No. 09, Series 2024, entitled, “AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTION 3.1.4 OF ARTICLE 16.03 OF CHAPTER 16 OF THE BUENA VISTA MUNICIPAL CODE TO ADD THE SCREENED STORAGE OF FINISHED MANUFACTURED PRODUCTS AS A SPECIAL USE IN THE I-1 ZONE DISTRICT.” Code Enforcement Officer Grant Bryans will review proposed municipal code changes with the Board of Trustees related to screened storage of finished manufactured products. (Estimated time – 15 minutes) This Agenda may be Amended Posted at Buena Vista Town Hall, Post Office and www.buenavistaco.gov on Friday, May, 10, 2024 B. Board of Trustees Training Department of Local Affairs (DOLA) South Central Regional Manager Randi Snead will provide information on the roles and responsibilities of the Board of Trustees. (Estimated time – 60 minutes) XI. TRUSTEE/STAFF INTERACTION The Board discusses items with staff and staff can bring up matters not on the agenda. XII. ADJOURNMENT This Agenda may be Amended Posted at Buena Vista Town Hall, Post Office and www.buenavistaco.gov on Friday, May, 10, 2024

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