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TC Minutes 01-22-2013TOWN OF AVON, COLORADO AVON MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 201j AVON TOWN HALL, ONE LAKE STREET 1) CALL TO ORDER AND ROLL CALL Mayor Rich 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, Buz Reynolds and Jake Wolf. Todd Goulding was absent. 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, Recreation Director Meryl Jacobs, Community Relations Officer Jaime Walker, as well as other staff members and the public. 2) APPROVAL OF AGENDA THERE WERE NO CHANGES TO THE AGENDA. j) PUBLIC COMMENT THERE WAS NO PUBLIC COMMENT 4) ACTION ITEMS a) CONSENTAGENDA i) Minutes from January 8, 2012 ii) 2012 Audit Engagement Letter with McMahan and Associates (Scott Wright, Finance Director) iii) Amended Fireworks Contract for the Fire & Ice Fireworks Display to be held on February 17, 2013 (Meryl Jacobs, Recreation Director) There was some discussion about the 2012 Audit Engagement Letter that addressed costs of overall audit, cost of the single audit, number of years the vendor has performed the audit, and the quote of the original audit. Councilor Evans moved to approve the consent agenda; Councilor Wolf seconded the motion and it passed unanimously by those present (Goulding absent). b) ORDINANCES i) Public Hearing Second Reading on Ordinance No. 13 -01, Series of 2013, 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) Mayor Carroll presented this Resolution and noted that the IGA required five votes for approval. Town Attorney Eric Heil reviewed the ordinance noting the several changes to the documents that were outlined in the memo to the Council, briefly as follows: Ord. No. 13 -01, Section 2 as it pertained to the finalization of the form of the Patents for the West Avon Parcel and Village Forest Service Parcel. It was noted that language was included to allow the Mayor, Town Manager & Town Attorney to review and approve the final form of the Patent. Ord. No. 13 -01, Section 4 as it pertained to the final form of the Deed of Conservation Easement in terms of reconciling the legal description and the list of title exceptions in Exhibit D based upon the final form of the Patent(s). Ord. No. 13 -01, Section 5 as it pertained to the language added to define, authorize and clarify that amendments to the Management Plan may be administratively approved by Town Manager without Council action or passage of a subsequent ordinance provided that any such amendments are consistent with the Avon Comprehensive Plan and any adopted trails plan Avon Council Meeting 13.01.22. Minutes Page 1 of 4 �, TOWN OF AVON, COLORADO AVON MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 2013 AVON TOWN HALL, ONE LAKE STREET Deed of Conservation Easement: Section 4 Management Plan as it pertained to revised language added to identify the grantor and grantee of the management plan. Deed of Conservation Easement, Section 5.a. as it pertained to language added to clarify that the existing stairs are existing improvements as well as to reference the Baseline Report which provides a more detailed inventory of all existing improvements. There were further discussions about the Deed of Conservation Easement, Section 5k Recreational Trails: A revision to the Section 5.k. to add a reference to the 10 foot wide paved trail depicted on Res. No. 11 -12 was discussed with EVLT since the last council meeting. Proposed language was provided in the memo. Kara Heide, Executive Director, Eagle Valley Land Trust and Toby Sprunk, Eagle County Open Space Director, both addressed the council. Some of the discussion highlights included: ➢ Request that the town include this trail in the language ➢ A cost sharing agreement with USFS — detailed document that shows the existing trails ➢ The conservation easement was written to protect, habitat and migratory corridors, endangered plants, ecological benefits, ➢ The Impacts of 10 foot wide trail that would mirror june creek road is quite impactful to the ecology ➢ Allowing for 6 foot wide trails non paved trail ➢ Requests a 6 foot wide trail as a compromise to the 10 foot wide road ➢ Language provides for vehicles in that area for maintenance ➢ Question about whether or not the land trust has the veto power; the language does support a partnership; language does include that trails are permitted ➢ The language in the agreement should protect Avon's rights to do what is in its best interest. ➢ The legend on the map indicates that 10 foot would be the preferred language Mayor Carroll opened the public hearing and the following public was heard: ✓ Phil Struve: supported the current language that would protect the town's right to build a trail at a 10 foot width Mayor Carroll closed the public hearing. There was consensus in keeping the language so that there is an ability to build something, a road or path at any width. Councilor Evans moved to approve Ordinance No. 13- o1, Series of 2013, 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. Councilor Dantas seconded the motion and it passed unanimously by those present (Goulding absent). Kara Heide acknowledged the Town Council for all of their support with the project and gave appreciation to all the partnerships involved on the land exchange; she also commended the Town Attorney Eric Heil on his talents and thanked him for his solution oriented approach to drafting many of the documents. a) VILLAGE AT AVON SETTLEMENT IMPLEMENTATION (Eric Heil, Town Attorney) i) Update on Settlement Implementation Eric Heil, Town Attorney reviewed the memo which outlined the status of a number of settlement implementation documents. A number of documents were executed today as noted. More documents would be presented at the February 26th meeting. Avon Council Meeting 13.01.22. Minutes Page 2 of 4 TOWN OF AVON, COLORADO /7V O N MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 201j ■ ■ ■' a AVON TOWN HALL, ONE LAKE STREET i) Public Hearing on Resolution No. 13 -02, Series of 2013, Approving Amendments to Traer Creek Metropolitan District Service Plan ii) Public Hearing on Resolution No. 13 -03, Series of 2013, Approving Amendments to The Village Metropolitan District Service Plan Eric Heil, Town Attorney presented the Village (at Avon) Service Plan Amendments for Traer Creek Metropolitan District and Village Metropolitan District. He noted that these amendments to the plans are required in order to comply with the recently approved revised Development Agreement. It was suggested to continue the public hearing until February 26th so that staff could complete an "administrative review report of both plans. Mary Jo Dougherty, McGeady Sisnersos, representing the TCMD and VMD, was present to answer questions. There was some discussion about the financial information included in the draft plans, with some attention given to Exhibit F. Mayor Carroll opened the public hearing for Resolution No. 13 -02, Resolution Approving Amendment to the Traer Creek Metro District; no comments were made, and the hearing was closed. Councilor Reynolds moved to continue the public hearing and action on Resolution No. 13-02 until February 26th; Councilor Evans seconded the motion and it passed unanimously (Goulding absent). Mayor Carroll opened the public hearing for Resolution No. 13 -03, Resolution Approving Amendment to the Village Metro District; no comments were made, and the hearing was closed. Mayor Carroll moved to continue the public hearing and action on Resolution No. 13 -03 until February 26th.; Councilor Evans seconded the motion and it passed unanimously (Goulding absent). 2) WORK SESSION a) Harry A. Nottingham Park Lake Liner Project - Update on improvements, State Engineer's review, schedule and costs Justin Hildreth, Town Engineer, presented the agenda item addressing the Lake liner project noting that the State Engineer would be conducting a review of the dam because the area around the dam had changed so significantly, i.e. new development and elementary school. The timeframe would likely take 45 to 6o days; with a date to fill the lake by July. He also reviewed the scope of the project as outlined in the council memo, which in the liner replacement, irrigation system intake system improvements, regrade the SE corner of the lake to be 4.5 ft deep for a safer skating area, improvement of the beach are on N side of lake, erosion control improvements for lake intakes, sediment removal in the water quality pond, sediment removal in the lake as budget allows. Projected budget numbers would hopefully be provided at the next meeting. It was noted that the bid process should not close before knowing the information from the state. There was some further discussion about use of the park by the local Walking Mountain School, as well as the need to understand state implications by February 12th meeting. b) Financial Report on Year -to -Date Revenue Collections —Report Only (Kelly Huitt, Budget Analyst) c) Letter from Mayor Pro Tern Goulding regarding "Disclosure of Conflict of Interest" for serving on several Boards in Eagle County (Information only) d) Mayor and Council Committee Updates i) ECO Meeting (Councilor Reynolds) Councilor Reynolds provided an update on information about the ECO board meeting. Some input was provided about the updates to the ECO Trails and TOA CIP project on Highway 6. An update on this topic would be provided at a future date. Avon Council Meeting 13.01.22. Minutes Page 3 of 4 TOWN OF AVON, COLORADO AV o N MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY, JANUARY 22, 2013 AVON TOWN HALL, ONE LAKE STREET i) Vail Valley Mountain Bike Association (Mayor Carroll) Mayor Carroll provided updates on some trails updates from a January loth ECO trails meeting as well as the Vail Valley Mountain Bike Association Update. He noted that there will be an effort to help build awareness of all these groups and what the mission is for each of them. ii) 2015 Environment Committee Update (Mayor Carroll) Mayor Carroll presented an update on this meeting held last week noting that their mission will be to create innovation and collaboration with the event to be environmentally aware and protective; more to come later as to how the group will interface with the entire event. iii) Eagle Air Alliance Meeting Update (Mayor Carroll) Mayor Carroll noted that Eagle County would be giving United Airlines access for the Houston flight to eagle this summer, however funding is still needed for this flight. He also noted that the budget numbers that all groups have pledged is a budgeted number and not an estimated pledge anymore. 2) MAYOR REPORT a) Future Agenda Items Lot 61 is on the next agenda. b) Town Council Retreat Follow Up Mayor Carroll noted that a report would be prepared to capture the results of the council retreat discussion for presenting at the February 12th meeting. There being no further business to come before the Council, the regular meeting adjourned at 7:05 PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Todd Goulding Albert "Buz" Reynolds Jake Wolf Avon Council Meeting 13.01.22. Minutes Page 4 of 4