MEMORANDUM TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: April 18, 2018 RE: April 26, 2018, Regular Board Meeting This memorandum shall serve as notice of the Regular Board of Directors Meeting of the Eagle River Water & Sanitation District: Thursday, April 26, 2018 11:30 a.m. Eagle River Water & Sanitation District Office Walter Kirch Room 846 Forest Road Vail, CO 81657 Cc: Board Materials via Email: ERWSD Managers Caroline Bradford, Independent Consultant Ken Marchetti, Marchetti & Weaver, PC Dan Clayton, Brown & Caldwell Virginia Egger, Town of Avon Amy Greer, Stan Bernstein & Associates, Inc. Jonathan Heroux, Piper Jaffray & Co Tambi Katieb, Land Planning Collaborative, Inc. Jim Lamont, Vail Homeowners Association Lee Leavenworth, Loyal E. Leavenworth, PC Holly Loff, Eagle River Watershed Council Melissa Macdonald Nelson, Independent Consultant Timm Paxson, Eagle River Watershed Council Cliff Thompson, IKS Consulting Bob Weaver, Leonard Rice Engineers BOARD OF DIRECTORS REGULAR MEETING April 26, 2018, 11:30 a.m. 1. Consultant/Guest Introduction 2. Public Comment• 3. Action Items 3.1. Meeting Minutes of March 22, 2018, Regular Meeting☼ 3.2. Inclusion Resolutions – Tug Birk☼ 3.2.1. 6 West in Edwards 3.2.2. Jack’s House (Edwards Medical Center, Lot 1) 3.3. West Vail Sewer Main Improvements – Jeff Schneider☼ 3.4. Resolution to Purchase Property – 703 Crazy Horse Circle, Edwards – James Wilkins☼ 3.5. Consent Agenda: Contract Log☼ 4. Strategy Items 4.1. Board member input 5. General Manager Report – Linn Brooks* 5.1. General Manager Information Items 5.2. Operations Report* 5.3. Engineering Report – Jason Cowles 5.4. Public Affairs Report – Diane Johnson* 5.4.1. Snowpack Update 5.5. Monthly Reports 5.5.1. Development Report* 5.5.2. Authority March Meeting Summary – draft* 5.5.3. District and Authority Committees* 6. General Counsel Report – Jim Collins† 6.1. HB 18-1181 Update 7. Water Counsel Report – Glenn Porzak ☼ Action Item Attachment * Informational Attachment † Confidential Attachment • Public comment of items not on the agenda is limited to three minutes per person on any particular subject for which public comment is accommodated, pursuant to § 18-9-108, C.R.S. 8. Executive Session pursuant to § 24-6-402(a)(b) and (e), C.R.S. 8.1. General Counsel Review of Matters in Negotiation – Jim Collins 8.1.1. Real Estate Update 8.2. Water Counsel Review of Matters in Negotiation – Glenn Porzak 8.2.1. Bolts Lake† 8.2.2. CRCA Matters† 9. Adjournment BOARD ACTION REQUEST TO: Eagle River Water and Sanitation District Board of Directors FROM: Tug Birk, Development Review Coordinator DATE: April 26, 2018 RE: Inclusion into District Boundaries for Wastewater Purposes Summary of Subject: This matter involves the inclusion of the 6 West Apartments Subdivision Lot 1 located at 32532 Hwy 6 for wastewater services. Discussion and Background: The District has been working with the developers of the 6 West Apartments Subdivision in Edwards since 2016. This property has never been included in the District Boundaries and is currently not receiving wastewater services. The District required the developer to petition for inclusion of the property into District Boundaries for Wastewater service. The property is included in the Edwards Metro District and will be served by UERWA. This property is currently being developed with 120 residential apartment units. Alternatives: Do not include the property in the District Boundaries. Legal Issues: The District follows the statutory inclusion process with legal counsel’s approved forms. Notice of this public hearing to consider the approval of this inclusion was published in the Eagle Valley Enterprise. Budget Implication: The Petitioner paid $1,000 to cover all administrative costs, in accordance with the terms of the Petition. Recommendation: We respectfully request that the Board approve the attached Certified Copy of Resolution, which includes the names and address of the owners and the legal description of the property, thereby including the 6 West Apartment Subdivision Lot 1 into the District boundaries for wastewater services. Suggested Resolution and Motion: To approve the Certified Copy of Resolution approving the inclusion of the 6 West Apartments Subdivision Lot 1 into the District boundaries, for wastewater services, as presented. Attached Supporting Documentation: Petition for Inclusion The Certified Copy of Resolution is attached. Map of the property Clean Water. Quality Life. ™ 846 Forest Road Vail, Colorado 81657 Tel (970) 476-7480 Fax (970) 476-4089 erwsd.org Inclusion into District Boundaries for Wastewater Purposes P a g e | 2 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE STATE OF COLORADO Civil Action No. 84CV472 IN THE MATTER OF ) EAGLE RIVER ) CERTIFIED COPY OF RESOLUTION WATER & SANITATION ) DISTRICT ) COMES NOW, Frederick Sackbauer, the President of the EAGLE RIVER WATER & SANITATION DISTRICT (District), and certifies that at a (regular or special) meeting of the Board of Directors of the District, held on April 26, 2018 at 11:30a.m. at the District Offices, 846 Forest Road, Vail, Eagle County, Colorado, the following resolution was adopted, to-wit: WHEREAS, Petitioner whose name is attached hereto as Exhibit A, have petitioned the District for the inclusion in said District for wastewater purposes of the land hereinafter described; and WHEREAS, Public Notice has been published in accordance with law, calling for a public hearing on the prayer of said Petition; and WHEREAS, the District is not required to enlarge or extend its facilities beyond those currently existing and all such enlargements or extensions are undertaken in the exercise of discretion as a governmental function in the interest of public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the District shall, and hereby does order the inclusion of the land described herein within the boundaries of the EAGLE RIVER WATER & SANITATION DISTRICT for wastewater purposes. The name and address of the owner and the description of said property is listed in Exhibit A, attached hereto and incorporated herein by this reference. EAGLE RIVER WATER & SANITATION DISTRICT President ATTEST: Secretary P:\15WSD\1admin\Board\Inclusn\2018\6 West\RESOLUTION.doc BOARD ACTION REQUEST TO: Eagle River Water and Sanitation District Board of Directors FROM: Tug Birk, Development Review Coordinator DATE: April 26, 2018 RE: Inclusion into District Boundaries for Wastewater Purposes Summary of Subject: This matter involves the inclusion of the Edwards Medical Center, Lot 1 property located at 332 Beard Creek Road for wastewater services. Discussion and Background: The Jack’s House Parcel was not included into the Districts Boundaries with the rest of the Edwards Medical Center Campus. This inclusion is a cleanup inclusion to include a property that is currently receiving wastewater services from the District. Alternatives: Do not include the property in the District Boundaries. Legal Issues: The District follows the statutory inclusion process with legal counsel’s approved forms. Notice of this public hearing to consider the approval of this inclusion was published in the Eagle Valley Enterprise. Budget Implication: None Recommendation: We respectfully request that the Board approve the attached Certified Copy of Resolution, which includes the names and address of the owners and the legal description of the property, thereby including the Edwards Medical Center, Lot 1 into the District boundaries for wastewater services. Suggested Resolution and Motion: To approve the Certified Copy of Resolution approving the inclusion of the Edwards Medical Center Lot 1, Jacks House into the District boundaries, for wastewater services, as presented. Attached Supporting Documentation: Petition for Inclusion The Certified Copy of Resolution is attached. Map of the Property Clean Water. Quality Life. ™ 846 Forest Road Vail, Colorado 81657 Tel (970) 476-7480 Fax (970) 476-4089 erwsd.org EXHIBIT A LEGAL DESCRIPTION OF INCLUSION PROPERTY Owner: Vail Clinic Inc. Name(s) Jack’s Place 332 Beard Creek Road Address Edwards, CO 81632 City, State Zip Legal Description: A parcel of land described as Edwards Medical Center, Lot 1. According to the plat recorded May 15, 2000 as NE ¼ of Section 5, Township 5 South, Range 82 West of the 6th P.M. County of Eagle, State of Colorado P:\15WSD\1ADMIN\BOARD\INCLUSN\2017\EDWARDS MEDICAL CENTER, LOT 1\PETITIONEXB.DOC IN THE DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE STATE OF COLORADO Civil Action No. 84CV472 IN THE MATTER OF ) EAGLE RIVER ) CERTIFIED COPY OF RESOLUTION WATER & SANITATION ) DISTRICT ) COMES NOW, Frederick Sackbauer, the President of the EAGLE RIVER WATER & SANITATION DISTRICT (District), and certifies that at a (regular or special) meeting of the Board of Directors of the District, held on April 26, 2018 at 11:30a.m. at the District Offices, 846 Forest Road, Vail, Eagle County, Colorado, the following resolution was adopted, to-wit: WHEREAS, Petitioner whose name is attached hereto as Exhibit A, have petitioned the District for the inclusion in said District for wastewater purposes of the land hereinafter described; and WHEREAS, Public Notice has been published in accordance with law, calling for a public hearing on the prayer of said Petition; and WHEREAS, the District is not required to enlarge or extend its facilities beyond those currently existing and all such enlargements or extensions are undertaken in the exercise of discretion as