TC Minutes 10-24-2002MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCIL
HELD OCTOBER 24, 2002
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Judy Yoder called the meeting to order at 8:00 AM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt, Brian Sipes and
Mayor Pro Tem. Buz Reynolds present. Also present were Town Manager Bill Efting, Assistant
Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Town
Engineer Norm Wood. Others present included Gary Greer, with Sherman & Howard and
Avon's water attorney, via telephone, Shane Bohart and Rick Johnson, Traer Creek Metro
District representatives, Glenn Porzak, attorney for Upper Eagle River Water Authority
(UERWA), Matt Zalaznick, Vail Daily.
New Business
The Village (at Avon) Water Lease & Water Sublease
Town Attorney John Dunn explained the current situation with the proposed water agreements
between Traer Creek Metro District and the Town of Avon. The Special Meeting was called to
discuss the agreements and vote on whether or not to enter into them Agreement with Traer
Creek Metro District. Currently, Traer Creek will lease its Water rights to the town, then the
town will sublease those water rights to UERWA.
The major issues discussed by those present included:
a. if there is adequate water rights to service the project.
b. if there is an adequate amount of water storage.
C. if there are appropriate storage locations.
Attorney John Dunn outlined two potential issues for the. Town:
a. The contractual obligation of the Town to agree to lease and sublease the water rights and
if the Town is acting in accordance with the other executed contracts.
b. Whether or not there is enough water for the project. The Town's water advisors indicate
the plan provides for sufficient amounts of water to service the project.
Glen Porzak, attorney for UERWA, does not think the plan includes enough water and does not
agree with the locations of the storage facilities, i.e. Eagle Park. As well he stated that all
agreements in place are subject to rules and regulations of the UERWA and they are currently in
violation of some language which conveys water rights to Avon. He indicated that the Authority
will deny these agreements.
Rick Johnson provided some historical information as to how the agreements were entered into
and how the calculations were made regarding the amount of water required. Water attorney
Gary Greer noted that there is more water identified in the augmentation plan than is required for
the project. Dunn noted that the Town did not cut the original deal, which was negotiated by
Eagle-Vail Metro District. The Water Authority will make the final determination as to whether
or not there are enough water rights to service the project
Both Dunn and Greer recommended Council accept the lease tendered in light of previous
agreements that have been signed. The Town has already entered into such agreements, which
have obligated them to move forward with these agreement as well.
Councilor Reynolds moved to authorize the Mayor 'to sign the water lease and water sublease
agreements on behalf of the Town. Councilor D. Buckley seconded the motion.
Councilor McDevitt recommended that it would be prudent for the Town to continue to review
the 2002 language.
Mayor Yoder asked for those in favor of the motion. Those in favor are as follows: Brown, D.
Buckley, P. Buckley, McDevitt, Sipes and those opposed: Reynolds. The motion passed with a
four-to-one vote.'
There being no further business to come before the Council, a motion was made to adjourn. The
meeting adjourned at 9 AM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Judy Yoder
Special Council Meeting Page 2 of 2
October 24, 2002