Board of Trustees - Agendas & Minutes (Packets below)

MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES REGULAR MEETING Tuesday, March 25, 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 Tributary Development presentation on the Carbonate Street Project / Midland Apartments Mayor Libby Fay, Trustees Maggie Huyck, Andrew Rice, Devin Rowe, and Cindie Swisher, were in attendance for the presentation from Jack Jones, Bleecker Seaman, and Scott Simmons with Tributary Development. Also present were Town Administrator Brian Berger, Senior Policy Advisor & Project Advocate Joel Benson, Planning Director Marika Kopp, and Deputy Town Clerk Ed Barkowski. Scott Simmons outlined a presentation on the Carbonate Street project, covering its history, funding, references to affordable housing, and future plans. Bleecker Seaman explained that he, Simmons, and Jack Jones had previously worked at Fading West before leaving to form Tributary. He clarified that Tributary is the project's development manager, Fading West is its builder, and Carbonate Street Apartments LLC is its owner. The latter is composed of several investment groups and individuals, including Seaman himself. Simmons provided an overview of project milestones from 2016 to the present, such as the rezoning to "high-density residential," the adoption of ordinances and resolutions, public engagement efforts, and multiple meetings with the Board of Trustees. He stated that the Midland Apartments largely serves “middle income” earners within the 80–120% Area Median Income (AMI) bracket. Jack Jones pointed out that the project’s original vision included an economic development space alongside apartments and a childcare facility, though that component was ultimately eliminated. Simmons added that the childcare facility was relocated to its own parcel, simplifying the Town’s ownership of its land and building. Seaman reviewed the loans and equity partners that financed the $18 million project, also identifying $3,000,000in grants and $400,000 in American Rescue Plan Act (ARPA) funds, secured through the efforts of Town staff and Tributary. Several external expenses were also noted, including municipal fees and a development fee of just over 3% to Tributary. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 1 of 9 Regular Meeting March 25, 2025 Jones explained that while affordable housing can be a relative concept for individuals, the Department of Housing and Urban Development (HUD) defines it as housing costing less than 30% of a household's gross income. He noted that the finance gap between construction costs and affordable rent revenue widens as rents decrease, necessitating subsidies to support developments aimed at lower-income households. Jones observed that while federal programs like the Low-Income Housing Tax Credits (LIHTC) support low-AMI projects, developments such as the Midland Apartments depend on state and alternative funding sources. Seaman further stressed that state funding for affordable housing is highly competitive, contending that when municipalities contribute funds and waive tap fees, the state is more likely to allocate grants to stretch dollars further. The Trustees discussed the project’s originally proposed affordability, the Town’s land contribution in exchange for the childcare facility, and how the project’s intended goals and hurdles may have been misunderstood—resulting in unmet expectations over time. Trustee Rice reported that AMI is a statistical mechanism used by Washington that doesn’t relate well to the realities of life and the cost of living in Chaffee County. Trustee Rowe added that residents are frustrated and having to move away because they can’t afford to stay. An in-person/virtual regular meeting of the Board of Trustees was called to order by Mayor Libby Fay at 7:16 PM, Tuesday, March 25, 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 Absent Devin Rowe Trustee Present Chris Sturm Trustee Absent Cindie Swisher Trustee Present via Zoom Town Staff Present: Town Administrator Brian Berger Town Attorney Kathryn Sellars via Zoom Planning Director Marika Kopp Deputy Town Clerk Ed Barkowski Senior Policy Advisor & Project Advocate Joel Benson BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 2 of 9 Regular Meeting March 25, 2025 PLEDGE OF ALLEGIANCE Mayor Fay led the pledge of allegiance. AGENDA ADOPTION MOTION NO. 01: MOVE TO APPROVE THE AGENDA. RESULTS CARRIED MOVER Trustee Huyck SECONDER: Trustee Rice AYES: Huyck, Rice, Rowe, 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 – March 11, 2025 2. Tree Advisory Board Meeting – February 6, 2025 3. Water Advisory Board Meeting – February 20, 2025 4. Historic Preservation Commission Meeting – February 5, 2025 5. Beautification Advisory Board Meeting – March 6, 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 Huyck SECONDER: Trustee Rowe AYES: Huyck, Rice, Rowe, Swisher PUBLIC COMMENT Paul Andrews, 27999 CR 301, asserted that affordable housing hinges on Town's cooperation with developers and its significant capital contributions to projects, beyond fee waivers, in order to demonstrate commitment when applying for state grant money. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 3 of 9 Regular Meeting March 25, 2025 BUSINESS ITEMS Special Event Temporary Sign Policy Town staff requests that the Board provide feedback, guidance, and/or approval on a policy that focuses on setting limitations on the number of event temporary sign locations one special event can utilize at a time to 3 out of the 6 temporary sign spaces. Special Events Coordinator Annie Carlson reviewed a new policy on Event Temporary signs, written to inform Buena Vista’s municipal code. She noted that Town currently manages and rents six of these sign locations, and no codified rules or regulations yet exist on their use. MOTION NO. 03: MOVE TO APPROVE THE EVENT TEMPORARY SIGN POLICY SETTING LIMITATIONS ON THE NUMBER OF EVENT TEMPORARY SIGN LOCATIONS ONE SPECIAL EVENT CAN UTILIZE AT A TIME TO 3 OUT OF THE 6 TEMPORARY SIGN SPACES RESULTS CARRIED MOVER Trustee Rowe SECONDER: Trustee Swisher AYES: Huyck, Rice, Rowe, Swisher Carbonate Steet Right of Way/Alley Should the Board of Trustees approve the adoption of Ordinance No. 03, Series, 2025, entitled, "AN ORDINANCE OF THE TOWN OF BUENA VISTA, COLORADO, VACATING A PORTION OF THE ARIZONA STREET RIGHT-OF-WAY LOCATED IN THE BLOCK 65 MINOR SUBDIVISION, TOWN OF BUENA VISTA, COLORADO." Planning Director Marika Kopp reviewed the major site plan approved in late 2023 for the Midland Apartments reflecting a rear alley width of 27.5 feet as physically monumented in the area. Once project construction began, it was realized that the platted right-of-way was 22.68 feet wide. To memorialize matching the physically monumented alley width with the platted width the proposal through this vacation is to reduce the right-of-way on Arizona Street, adjacent to Block 65, by 5 feet and in turn increase the alley width by 5 feet. MOTION NO. 04: MOVE TO APPROVE ORDINANCE NO. 03 VACATING A PORTION OF THE ARIZONA STREET RIGHT-OF-WAY LOCATED IN THE BLOCK 65 MINOR SUBDIVISION, TOWN OF BUENA VISTA, COLORADO. RESULTS CARRIED MOVER Trustee Rice SECONDER: Trustee Huyck AYES: Huyck, Rice, Rowe, Swisher BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 4 of 9 Regular Meeting March 25, 2025 Carbonate Street PIA Amendment Request Should the Board of Trustees approve the adoption of Resolution No. 21, Series 2025, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CARBONATE STREET APARTMENTS, LLC." Planning Director Marika Kopp reviewed a request for a second amendment to a development agreement for the Carbonate Street Apartments, which also acts as a Public Improvement Agreement. The requested amendments would modify the agreement as follows: • An updated construction completion date of May 16, 2025 • Improvements including plantings, irrigation and fencing shall not be required for certificate of occupancy, but shall be installed by June 30, 2025 • Asphalt paving and striping shall not be required for certificate of occupancy but shall be installed by June 30, 2025. • Prior to certificate of occupancy, accessible parking spaces shall be installed and paved with concrete and roads will be graded with compacted road base to meet grade at the curb and gutter Trustee Rice questioned what happens if milestones are not met. Town Administrator Brian Berger stated that dates make for difficult triggers with such agreements, suggesting permits, Certificates of Occupancy, and plat recordations to be more tangibly functional. Scott Simmons added that Buena Vista currently lacks a Temporary Certificate of Occupancy (TCO) option for developers to pursue for such occasions. MOTION NO. 05: MOVE TO APPROVE RESOLUTION NO. 21, SERIES 2025, APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CARBONATE STREET APARTMENTS, LLC. RESULTS CARRIED MOVER Trustee Huyck SECONDER: Trustee Rowe AYES: Huyck, Rice, Rowe, Swisher Public Hearing - Water Allocation Policy Should the Board of Trustees approve the adoption of Resolution No. 22, Series 2025, entitled, “A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING AMENDMENTS TO THE TOWN OF BUENA VISTA WATER ALLOCATION POLICY." BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 5 of 9 Regular Meeting March 25, 2025 Mayor Fay opened the Public Hearing at 7:36 Senior Project Advisor and Policy Advocate Joel Benson reviewed the Town of Buena Vista’s Water Allocation Policy (WAP) with the Board, noting that it was officially established in 2023 to align with community goals and needs. He stated the policy aims to determine whether there are sufficient water rights to serve proposed development, to ensure that remaining water rights are tapped for purposes that strengthen the community, its workforce, families, institutions, and businesses, and to establish a framework that Town Staff and Trustees can follow and update. Benson relayed that the review is an annual process taking place every March, and that new water supplies are being added. He identified the proposed changes, which include updating category quantities to account for new water and adding language that links any minimum or maximum usage in a category to the subdivision standards outlined in the Municipal Code. Joseph Teipel commented that the Board’s decision to allocate more water to economic development shows a desire for more activity out of that category. He highlighted that the Board pursuing and taking steps to create an Urban Renewal Authority would be an important tool to help facilitate and encourage more economic development. With no further public comment, Mayor Fay closed the Public Hearing at 7:49pm MOTION NO. 06: MOVE TO APPROVE RESOLUTION NO. 22, APPROVING AMENDMENTS TO THE TOWN OF BUENA VISTA WATER ALLOCATION POLICY RESULTS CARRIED MOVER Trustee Rice SECONDER: Trustee Swisher AYES: Huyck, Rice, Rowe, Swisher Colorado Parks & Wildlife Land Swap Should the Board of Trustees approve the adoption of Resolution No. 23, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING A PROPERTY EXCHANGE AGREEMENT WITH THE STATE OF COLORADO." Benson provided history on a proposed land swap between the Town of Buena Vista and Colorado Parks and Wildlife (CPW), noting the conversation began in 2021 when Town purchased the northern parcel in question. The CPW property in the exchange borders Buena Vista to the south, includes water rights, and has potential for future housing projects and BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 6 of 9 Regular Meeting March 25, 2025 access roads. The State Capital Development Committee will consider the agreement, following a letter of support from the Chaffee County Commissioners. MOTION NO. 07: MOVE TO APPROVE RESOLUTION NO. 23, APPROVING A PROPERTY EXCHANGE AGREEMENT WITH THE STATE OF COLORADO. RESULTS ROLL CALL CARRIED MOVER Trustee Rowe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rowe, Swisher TRUSTEE / STAFF INTERACTION The Board discusses items with staff and staff can bring up matters not on the agenda. Trustee Rice advocated for a more locally relevant approach to affordable housing than solely relying on AMI to dictate rent rates, suggesting future discussions consider broader factors. Trustee Rowe credited word-of-mouth as the only way to find affordable rentals in Buena Vista and posed questions on raising minimum wage. Trustee Huyck responded that nearly all local employers pay above the state’s legal minimum. Trustee Swisher acknowledged the importance of livable wages and the inverse challenge for small businesses to afford them. The Trustees further discussed affordable housing, examples of developers claiming to offer solutions, and Town’s role in contributing resources to such endeavors. Trustee Swisher and Rice cautioned against waiving fees and sponsoring projects, especially in situations of burdening the whole to benefit the few, referring to tax dollar implications. Planning Director Marika Kopp announced that, following a meeting with FEMA, she learned that Buena Vista’s flood plan maps won’t be updated for another three years. Kopp also reported setbacks with a rezoning application for the Homestead neighborhood, noting alternatives exist for the applicant but the resulting zoned density may be lower than hoped. INFORMATION ONLY / REQUESTS FOR LETTERS OF SUPPORT Hazard Mitigation Plan Update Town Administrator Brian Berger reviewed a letter of support for updating the Chaffee County Hazard Mitigation Plan, a process required by the federal government every 5 years. This is in anticipation of a completed plan in 2027. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 7 of 9 Regular Meeting March 25, 2025 MOTION NO. 08: MOVE TO APPROVE THE MAYOR TO SIGN THE LETTER OF COMMITMENT TO UPDATE THE CHAFFEE COUNTY HAZARD MITIGATION PLAN. RESULTS CARRIED MOVER Trustee Huyck SECONDER: Trustee Rowe AYES: Huyck, Rice, Rowe, Swisher Letter of Support for HRRMC’s DOLA Grant Application Berger introduced a requested letter of support for the Heart of the Rockies Regional Medical Center (HRRMC) in applying for a Department of Local Affairs (DOLA) grant to bring permanent PET Scan services to the hospital. MOTION NO. 09: MOVE TO APPROVE THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR HRRMC. RESULTS CARRIED MOVER Trustee Huyck SECONDER: Trustee Rice AYES: Huyck, Rice, Rowe, Swisher Berger praised staff for their headway on the many large capital projects currently in progress, naming examples including the Comprehensive Plan, the CPW Land Swap, Water Policy Update, and new Water Treatment Plant. He also noted plans for the Board of Trustees Planning Session at the new County Emergency Services building, to be followed by a driving tour of infrastructure and development projects happening in town Benson reviewed some of the downsides of municipalities issuing Temporary Certificate of Occupancy (TCOs) and how they increase risks of project abandonment. He also spoke on use case differences between Public Improvement Agreements (PIAs) and COs. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 8 of 9 Regular Meeting March 25, 2025