TC Minutes 01-08-2013TOWN OF AVON, COLORADO n jj O
MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 8, 2013 H V
MEETING BEGINS AT 5:30 PM �
AVON TOWN HALL, ONE LAKE STREET
1) CALL TO ORDER AND ROLL CALL
Mayor Carroll called the meeting to order at 5:30 PM. A roll call was taken and Council members Present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present
were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk Patty
McKenny, Finance Director Scott Wright, Town Engineer Justin Hildreth, Community Relations Officer Jaime
Walker, as well as other staff members and the public.
2) APPROVAL OF AGENDA
Mayor Carroll added one item to the agenda as follows:
✓ Update under 6e) on the "Eagle County Regional Collaboration Group ".
3) PUBLIC COMMENT
Jake Wolf requested a moment of silence to think about those involved in the Sandy Hook Connecticut
school incident.
4) WORK SESSION
a) Review and Discussion of the Town of Avon Analysis of Water Rights, Future Water Use, and Related
Water Issues Report - Presentation by Glenn Porzak, Water Counsel for the Upper Eagle Regional
Water Authority/ Eagle River Water and Sanitation District and Linn Brooks, General Manager, Eagle
River Water and Sanitation District
Present: Glenn Porzak, Porzak, Browning and Bushong LLC, Tom Leonhardt, Arrowhead Metropolitan
District, Diane Johnson, Communication & Public Affairs Manager, and Linn Brooks, General Manager, Eagle
River Water & Sanitation District.
Mr. Porzak presented slideshow that addressed the following topics:
✓ ERW &SD water service Area
✓ U ERWA : showed water service area — includes six seats on the board
✓ Minturn has its own stand alone water system
✓ Reviewed District & Authority Facts
✓ Reviewed Augmentation Sources
✓ Review of the Reservoir Locations
✓ Executive Summary of Avon's Water Rights
It was noted that the group wanted to present basic water education to the town council and the parties
would continue to dialogue about issues of concern.
5) ACTION ITEMS
a) ORDINANCE
i) First Reading of Ordinance No. 13-01 an Ordinance Accepting the West Avon and Village Parcels in
the Eagle Valley Land Exchange; Granting Easements to Holy Cross Energy; Granting a
Conservation Easement on the West Avon Parcel to Eagle Valley Land Trust; Approving an
Intergovernmental Agreement with Eagle County; and Approving an Intergovernmental
Agreement with Eagle County and Berry Creek Metropolitan District
Eric Heil, Town Attorney, presented the ordinance and numerous documents associated with the Eagle
Valley Land Exchange. He noted that Avon's approval of the ordinance was required in order to implement
in full the Eagle Valley Land Exchange transactions. It was noted that an Exchange Agreement was executed
by State of Colorado, Board of Land Commissioners, the Upper Eagle Regional Water Authority, Eagle
TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 8, 2013 AVON
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
County and the US Forest Service on November g, 2012. He highlighted the various documents that are part
of the transaction identified below:
➢ US Patents
➢ Easements to Holy Cross Energy
➢ Conservation Easement
➢ Management Plan
➢ IGA for Future Conservation Easement on Village Parcel
➢ IGA for Maintenance of West Avon Parcel
Toby Sprunk, Executive Director Open Space Advisory Committee, noted the landmark accomplishment of
the land trade, speaking to all the parties dedicated efforts involved in finalizing the documents. He noted
the recent approval from Eagle County Planning Commission that approved some additional land
transactions between Minturn and the State. Kara Heide, Eagle Valley Land Trust, was present to discuss the
transactions and applauded Ron Wolfe for his efforts on the matter. She commended the community for
participating in the process and setting forth such a goal. She thanked all those involved. It was noted that
a supermajority would be required for approval in light of the term of more than ten years on the
agreement.
Mayor Pro Tern Goulding moved to approve on first reading on Ordinance No. 13 -01, an Ordinance Accepting
the West Avon and Village Parcels in the Eagle Valley Land Exchange; Granting Easements to Holy Cross
Energy; Granting a Conservation Easement on the West Avon Parcel to Eagle Valley Land Trust; Approving an
Intergovernmental Agreement with Eagle County; and Approving an Intergovernmental Agreement with
Eagle County and Berry Creek Metropolitan District with the following conditions to be addressed:
• Language that would address the fact that the final US Patents form were not finalized, but would allow
the town to move forward with approval from the attorney and manager
• Language that would address reconciliation between the Deed of Conservation Easement and the final
US Patents forms
• Allow for revisions to the Management Plan addressing minor improvements to be able to practically
administer the plan, and allowing for future revisions to the plan to be done administratively as needed.
Councilor Evans seconded the motion and it passed unanimously. It was noted that the public hearing would
be held on January 22, 2013 on second reading.
b) CONSENTAGENDA
There was confirmation from the Town Attorney that it would be acceptable for the current council
members to approve the minutes from prior meetings even though not in attendance as the minutes are just
a record of that which happened at the meeting.
i) Resolution No. 13 -01, Series of 2013, Resolution approving the Locations for Posting the Notices
of Public Meetings
ii) Minutes from November 27, 2012
iii) Minutes from December 11, 2012
It was noted that the elementary school location would be allowed as communicated by Councilor Wolf.
Again there was consensus to discuss the matter more fully at a future meeting. Councilor Evans moved to
approve the Consent Agenda that included removing Alpine Bank as one of the locations for posting public
notices. Mayor Goulding seconded the motion and it passed unanimously.
TOWN OF AVON, COLORADO
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MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 8, 2013
MEETING BEGINS AT 5:30 PM
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AVON TOWN HALL, ONE LAKE STREET
6) WORK SESSION -CONTINUED
a) Village at Avon Settlement Implementation —Update
Eric Heil, Town Attorney, presented the update on this matter addressing some of the following topics:
Upper Eagle Regional Water Authority Meeting update
1. Noted who has executed documents, PNB Parribas Bank and TCMD; Traer Creek had not yet executed
the documents
z. Funds from TCMD have been released to complete design documents by end of February
3. Town council must still review some of the following documents:
✓ Amendments to service plans
✓ Covenant Declarations for the retail sales fee
✓ Add on Retail Sales Fee Collection Agreement
✓ Final form of conveyance dots
Mayor Carroll requested that a list of documents to review and approve to implement the settlement be
updated and provided. Some discussion occurred on the timing for completion of the settlement; it was
difficult to anticipate the ending date.
b) Official Conduct and Conduct of Meetings - Review and Discussion of Law regarding Meetings and
the Conduct of Elected and Appointed Officials
Eric Heil, Town Attorney, reviewed the memo included in council's packet that addressed a number of State
and Town laws regarding meetings and conduct of elected and appointed officials. Specific topics addressed
included the following:
✓ Conflicts of interest
✓ Colorado Open Meeting Law
✓ Colorado Open Records Act
✓ Executive Session
✓ Legislative vs. Quasi - Judicial actions
c) Responsibilities in Reviewing and Acting on Land Use Applications: Process & Ex Parte
Communication
Eric Heil, Town Attorney, noted that some of the highlights were already addressed with the discussion
earlier.
d) Town Council and Mayor Retreat: Review Retreat Agenda
Rich Carroll, Mayor, presented the information and agenda to the retreat which will take place on January
14th at the Walking Mountain Science Center starting at 8 AM. Some discussion ensued about how to raise
specific topics for consideration; it was determined that session z would allow for consideration of many
topics that help describe the vision for the town.
e) Regional Committee Meeting Updates: Councilors and Mayor
i) Confirm Council Committee Appointments
Mayor Carroll noted that the list was discussed and assignments made, but recommended that a review of
the list be made in a few months. It was suggested that follow up be provided after councilors attended
their meetings. It was noted to add ECO Trails to the list with the Mayor attending the meetings.
ii) Eagle Air Alliance
Mayor Rich Carroll presented this update noting some of the proposed flight changes in to Eagle Airport.
iii) Eagle County Regional Collaboration Meeting
TOWN OF AVON, COLORADO
MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 8, 2013
AVON
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
Mayor Rich Carroll presented an update on his attendance at this meeting and noted some topics that
received some interest for regional cooperation, i.e. transit coordination.
iv) Upper Eagle Regional Water Authority Meeting
Councilor Todd Goulding presented an update on some of his recent meetings serving in his new board role
on the Authority. There was some discussion about the need to develop some policy with regard to long
range planning for water rights and development for the Town.
7) MAYOR REPORT
Mayor Carroll encouraged members to forward any agenda items to him. And Council was comfortable with
the new format.
a) Future Agenda Items
b) Obtain Council Feedback on New Council Meeting Agenda Format
There being no further business to come before the Council, the regular meeting adjourned at 8:20 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf