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TC Council Packet 11-23-2004STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD NOVEMBER 23, 2004, AT 3:30 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:30 PM - 4:00 PM 1) Council Committee Updates - Council members are assigned to several committees and update their progress. U.S. Forest Service Meeting regarding West Avon Parcel (Councilor Wolfe) Avon Comprehensive Plan Update (Mayor Pro Tern McDevitt) Water Update (Councilor D. Buckley) 4:00 PM - 4:10 PM 2) Organization of New Council (John Dunn) - review of the procedure for election of a mayor and mayor pro tem at the organizational meeting 4:10 PM - 4:30 PM 3) Presentation of History of Confluence Annexation & Development Agreements (Scott Wright & Jacquie Halburnt) - History of the annexation of the Confluence and the resulting development agreements with the Confluence, Lot C and Lot B. 4:30 PM - 5:OOPM 4) School Site at the Village at Avon (Karen Strakbein) - Discussion about the Town's position regarding the potential school sites for the Village at Avon. 5:00 PM - 5:30 PM 5) Staff Updates a. Avon Comprehensive Plan Update (Eric Heidemann) - an update of the process b. Update on Wildridge Public Meeting to be held on 11/18/04 to discuss traffic calming & pedestrian circulation & Wildridge park improvements (Norm Wood) Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: Patty McKenny, Town Clerk Estimated times are shown for informational purposes only, subject to change without notice. Comments from the public are welcome. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 19,2004: ? AVON MUNICIPAL BUILDING, MAIN LOBBY ? ALPINE BANK, MAIN LOBBY ? AVON RECREATION CENTER, MAIN LOBBY ? CITY MARKET, MAIN LOBBY FINANCIAL MATTERS November 23, 2004 1. YTD Building Revenue Report Actual vs Budget - October 2004 2. Detail-Real Estate Transfer Taxes - October 2004 3. Accomodations Tax Worksheet Actual vs Budget - September 2004 4. Sales Tax Worksheet Actual vs Budget - September 2004 ACCOUNTING PERIOD: 10/04 TOWN OF AVON REVENUE STATUS REPORT SELECTION CRITERIA: orgn.fund="10" and revledgr. account in ("52201","52203","52209","54201","59202","54203") FUND-10 GENERAL FUND ACCOUNT - - - - - TITLE - - - - - BUDGET 52201 52203 BUILDING PERMITS PLUMBING 150,000.00 52204 PERMITS MECHANICAL PERMITS 12,000.00 TOTAL LICENSES AND PERMITS 12,000.00 174,000.00 54201 59202 PLAN CHECK FEES SUBDIVISION REVIEW FEES 85,000.00 54203 TOTAL DESIGN REVIEW FEES 94,000.00 20,000 00 CHARGES FOR SERVICES . 199,000.00 TOTAL GENERAL FUND 373,000.00 TOTAL REPORT 373,000.00 PAGE 1 RECEIPTS PERIOD RECEIVABLES YEAR TO REVENUE DATE C To YTD/ U - D 1,275.50 69.08 .00 00 103,838.61 46,161.39 69.23 69.08 .00 12,644.65 12 651 71 -644.65 105.37 1,413.66 .00 , . 129 134 97 -651.71 105.43 , . 44,865.03 74.22 389.11 2,864.75 .00 00 110,187.56 -25,187.56 129.63 3,352.50 00 58,616.13 25 220 00 35,383.87 62.36 6,606.36 .00 , . 194 023.69 -5,220.00 126.10 , 4,976.31 97.50 8,020.02 .00 323,158.66 49,841.34 86.64 8,020.02 00 323,158.66 49,841.34 86.64 Town of Avon Real Estate Transfer Tax Calendar Year 2004 Purchaser Name Property Amount Received September Balance Forward $ 1,600,360.13 Title Comp Rockies Christie Lodge Timeshare 130.00 Holiday Christie Lodge Timeshare 5.22 Title Comp Rockies Christie Lodge Timeshare 139.95 Title Comp Rockies Christie Lodge Timeshare 130.00 Title Comp Rockies Christie Lodge Timeshare 90.00 Charles Williams Christie Lodge Timeshare 40.00 Holiday Christie Lodge Timeshare 40.00 1 st American Heritage Falcon Pointe Timeshare 100.00 1 st American Heritage Falcon Pointe Timeshare 20.00 Holiday Falcon Pointe Timeshare 5.93 Holiday Falcon Pointe Timeshare 4.00 Holiday Falcon Pointe Timeshare 34.00 JRA Services Lakeside Terrace B-203 49.90 Title Comp Rockies Lakeside Terrace 04-40 3,094.40 Title Comp Rockies Lakeside Terrace 04-41 894.70 Title Comp Rockies Lakeside Terrace 04-37 974.80 Title Comp Rockies Lakeside Terrace 04-36 3,619.00 Title Comp Rockies Lakeside Terrace 04-39 1,674.70 Title Comp Rockies Lakeside Terrace 04-35 184.90 Title Comp Rockies Lakeside Terrace 04-38 2,129.70 Title Comp Rockies Lakeside Terrace 04-43 184.90 Title Comp Rockies Lakeside Terrace 04-42 774.80 Title Comp Rockies Mtn. Vista 04-41 3,748.90 Title Comp Rockies Mtn. Vista 04-38 8,378.00 Title Comp Rockies Mtn. Vista 04-40 4,948.56 Title Comp Rockies Mtn. Vista 04-39 7,338.50 Intercity Capital Corp Mtn. Vista # 1206 Week 42 20.00 Title Comp Rockies Mtn. Vista 04-42 6,868.25 Scott & Diane Schmidt Season @ Avon 303 5,300.00 George Ecks & Patricia Higgins Season @ Avon 324 5,240.00 Randal Donahoo Season @ Avon 302 2,740.00 Robert Herbst Season @ Avon 217 4,100.00 Porfirio & Debra Dubon Season @ Avon 409 5,400.00 Leighton O'Dell & William Barnett Season @ Avon 207 5,000.00 Bruce Wilcox Bristol Pines # 19 2,200.00 Eric Lickteig Bristol Pines # 20 2,160.00 Kimberly McCorkell & Cody Chalfin Bristol Pines #4 2,100.00 Daniel Curran & Yvonne Otero Sunridge @ Avon C-107 2,760.00 Dawn Reyling Sonnen Halde Condo B-8 780.10 Paul & Mary Hammond Avon Lake Villas B-2 1,659.98 Donald Freedman Avon Center @ B.C. 306 4,900.00 Ronald Alex Benchmark Condo D-22 2,200.00 Y Town of Avon Real Estate Transfer Tax Calendar Year 2004 Purchaser Name Michelle Williams Jamie Lee & James Lee Carin Poeschel William & Judith Simpson BBG Holding Corporation Christopher Mayer & Joy Thomas Andrea Wilkerson Nicole White Philip & Bonnie Kohn Kim, Patrick & Patricia Dodson Elisabeth A. Sleeth Mary Kaye Tosti John Nelson Andrew Kaufman & Ann Sinton Anna Williams Erick & Laura Ciampa Harry Clancy Christopher Fisher Michael Current & Julie Fisher Cristine & Frederick Rumford Terry Luttrell Leslie Roubos Thomas Feiten & Kasey Ankney Property Amount Received Balas Townhomes H-303 Buck Creek Condo D-101 Buck Creek Condo A-201 310 W. Beaver Creek # B Lot 22 Blk 1 Benchmark @ B.C. Lakeview @ Benchmark B-4 Greenbriar Condo D-29 Avon Crossing 13204 Canyon Run B-102 Chapel Square B-221 Lodge @ Brookside 301 Lodge @ Brookside 108 Lot 12-A Blk 2 Eaglebend Lot 10-A Blk 2 2877 O'Neal Spur Rocking Horse Ridge II C-3 Draw Spur Townhomes 3 2485-A Old Trail Road Ridgeline Condo A-1 Ridgeline Condo B-4 Lot 73 Blk 1 Wildridge Lot 72- A Blk 4 Wildridge Lot 5 Blk 3 Wildridge Lot 46- A Bik 1 Wildridge Total October Revenue Total YTD Revenue Total 2004 Budget 100.00 2,800.00 6,240.00 7,000.00 25,366.00 1,300.00 1,280.00 1,430.00 8,440.00 8,300.00 3,500.00 3,700.00 10,840.00 17,000.00 5,560.00 3,000.00 7,980.00 1,860.00 2,100.00 11, 800.00 14,660.00 5,260.00 4,900.00 246,579.19 1,846,939.32 1,850,000.00 Variance, Favorable (Unfavorable) $ (3,060.68) TOWN OF AVON SALES TAX WORKSHEET Actual vs. Budget (Revised) (Includes In-Lieu-of Pymt W/O Garts, Pier One, and Office Depot) anuary February March April May June July August September October November December 1999 $ 384,939.69 397 ,323.16 474,933.06 302,864.19 265,405.35 395,755.68 395,954.38 366,648.94 364,432.54 295,541.62 320,335.28 564,813.35 2000 $ 359,721.88 397,291.59 457,053.94 337,087.43 286,191.36 398,869.89 415,978.51 400,447.52 375,400.90 320,796.00 329,170.99 607,777.58 Actual Collections 2001 $ 408,217.16 401,384.50 503,411.30 344,079.71 317,331.11 393,695.61 434,867.02 421,012.61 356,264.03 361,688.95 333,024.51 615,165.05 2002 $ 411,790.30 400,493.88 482'084.42 289,326.67 299,677.89 355,084.11 399,046.84 391,457.32 ,457.32 335,782.58 318,052.07 321,486.88 679,811.56 2003 $ 416,475.94 $ 436,108.60 493,056.54 311,212.23 292,634.62 363,268.64 337,933.65 345,842.34 329,048.03 307,335.55 291,050.42 650,822.07 2004 Budget 420,006.90 430,505.15 480,906.90 318,381.70 281,130.42 356,204.60 405,404.21 346,306.20 329,489.37 307,747.77 291,440.79 651,694.99 YTD Collections $ 420,006.90 $ 430,505.15 480,906.90 318,381.70 281,130.42 356,204.60 405,404.21 392,889.17 391,657.31 - - Variance ,582.97 62,167.94 - % of change from 2003 1.28% -1.28% -2.30% 2.30% -3.93% -1.94% 19.97% 13.03% ° 19.03 -100.00% -100.00% Total $ 4,528,947.24 $ 4,685,787.59 $ 4,890,141.56 $ 4,684,094.52 $ 4,574,788.63 $ 4,619,219.00 $ 3,477,086.36 $ 08,750.91 -100.00% 4.56% Monthly Collections for September $400,000.00 $390,000.00 $380,000.00 $370,000.00 $360,000.00 $350,000.00 $340,000.00 $330,000.00 i + $320,000.00 I $310,000.00 $300,000.00 L z ri $290,000.00 m 1999 2000 2001 2002 2003 2004 Year TOWN OF AVON ACCOMMODATIONS TAX WORKSHEET Actual vs. Budget Actual Collections 1999 2000 2001 2002 Budget YTD Collections /o o of change 2003 2004 2004 Variance from 2003 January February $ 41,102.99 $ 36 985 03 24,753.92 3 $ 35,913.75 $ 33,569.05 $ 33,098.93 $ 35,334.04 $ 49 606 71 $ Mardi , . 42 018 24 2,158.10 42,137.63 40,888.10 46,317.21 49,444.93 , . 52 217 57 14,272.67 49.87% April , . 11,609.15 42,385.82 10,166.11 55,435.56 12 152 0 56,372.30 71,438.85 76,262.98 , . 55,303.58 2,772.64 (20 959 40) 12.74% 0 2 May 6,117.50 5,712.27 , . 0 6 749 18 12 ,536.40 12,755.91 13,617.29 11,836.96 , . (1 780 33) - 2.59/0 7 2 June Jul 14,958.28 15 ,610.67 , . 15,630.07 8,424.93 13 301 20 4,077.14 1 5 50 4,352.46 8,380.80 , . 4,028.34 - . 0% 105.56% y August 21,120.57 21 ,769.19 22,567.70 , . 21,435.73 , 1.57 19 458 30 16,548.36 19,906.06 3,357.70 28.41% September 16,452.89 17,093.13 19,873.96 17,483.54 , . 15 787 15 20,772.28 22,059.52 1.287.24 13.37% October 10,300.61 12,810.60 13,059.89 13,041.26 , . 10 596 31 16,853.23 18,552.96 1.699.73 17.52% November 7,258.18 9,139.51 7,065.21 9,998.17 , . 9 602 87 11,311.86 14,405.20 3,093.34 35.95/0 December 7,889.97 25 606 29 10,233.40 7,592.38 10,582.27 , . 9,999.25 10,251.33 10,674.48 -100.00% , . 32,309.50 29,964.55 32,498.49 41,756.98 44,576.75 -100.00% Total $ 241,419.70 $ 234,142.22 $ 268,141.88 $ 270 131 44 $ 2 -100.00% , . 90,390.47 $ 310,000.00 $ 252,269.36 $ 7.771.93 In 1 got Monthly Collections for September $16,000 $14,000 - - _ $12,000 / . _ $10,000 $8,000 $6,000 I $4,000 $2,000 f' mmd 1999 2000 2001 2002 2003 2004 Year Memo To: Honorable Mayor and Town Council From: Councilor D. Buckley Thru: Patty McKenny, Town Clerk Date: November 18, 2004 Re: Attachment Summary: Debbie asked me to distribute this information to you for her discussion under Council Committee Updates. Porzak Browning & Bushong LLP Attorneys•at•Law 929 Pearl Street, Suite 300 Boulder, CO 80302 303 443-6800 Fax 303 443-6864 Vail Office: 846 Forest Road Vail, CO 81657 970477-5419 Fax 970477-5429 MEMORANDUM TO: Upper Eagle Regional Water Authority FROM: Glenn E. Porzak and Fritz Holleman DATE: November 16, 2004 RE: Colorado River Compact Call With a series of drought and below average water years, and dropping water levels in Lake Powell, there has recently been greater concern about the possibility of a "call" by California and the other Lower Basin States under the 1922 Colorado River Compact ("Compact"). This memorandum gives a short overview of the important provisions of the Compact and the 1948 Upper Colorado River Compact. It then identifies a list of the most important unresolved questions that a Compact call would raise. There are many such questions. John Leshy, Former Solicitor for the Department of the Interior, was recently quoted: If there is a compact call, we really are in no man's land .... If there can't be some sort of settlement patched together, we're looking at horrendous litigation. Attached at the end of this memorandum is a complete, updated list of the water rights controlled by the Authority. It is divided into three sections to show (1) the senior rights not subject to a Shoshone call, (2) rights that are junior to Shoshone, but still senior to the Compact, and (3) the rights that are junior to the Compact. This memorandum also sets out the historic consumptive use credits controlled by the Authority organized into these same three categories. As explained in greater detail below, the significance of the foregoing three categories is that rights senior to the effective date of the Shoshone right are the most reliable in the event of a Compact call. Rights senior to the effective date of the Compact, but junior to the Shoshone Power Plant, are potentially vulnerable to a Compact call to the extent such rights have historically been protected from the Shoshone call by the historic users pool of Green Mountain Reservoir (which is junior to the Compact). Finally, rights junior to both the Shoshone right and the Compact are obviously the most vulnerable in the event of a Compact call. Tm 1735 Y Overview of the 1922 Colorado River Compact. • Divides the Colorado River, including all tributaries, into an Upper and Lower Basin. The boundary between the two basins is in Lee Ferry, Arizona. • The Upper Basin states are Wyoming, Colorado, most of New Mexico and Utah, and that part of Arizona above Lee Ferry. • The Lower Basin states are Nevada, California, most of Arizona, and parts of Utah and New Mexico. • Article III(a) - - Allocation between the Upper and Lower Basins: "There is hereby apportioned... in perpetuity to the Upper Basin and to the Lower Basin... the exclusive beneficial consumptive use of 7,500,000 acre feet per annum ...." • Article III(b) - - Additional allocation to Lower Basin: "In addition to... paragraph (a) the Lower Basin is hereby given the right to increase its beneficial consumptive use... by one million acre feet per annum." • Article III(c) - - Obligation to Mexico: Provides that water for Mexico "shall be supplied first from the waters over an above... paragraphs (a) and (b); and if such surplus shall prove insufficient... the burden... shall be equally borne by the Upper Basin and the Lower Basin • Article III(d) - - Ten year rolling average: "The states of the Upper Division will not cause the flow... At Lee Ferry to be depleted below an aggregate of 75,000,000 acre feet for any period of ten consecutive years ...." • Article VIII - - Protection for rights senior to the effective date of the Compact: "Present perfected rights to the beneficial use of waters of the Colorado River system are unimpaired by this compact." The term "present perfected rights" in the Compact was defined in Arizona v. California, 376 U.S. 340 (1964), to mean rights existing as of June 25, 1929, and meeting the following definition: [A] water right acquired in accordance with state law, which right has been exercised by the actual diversion of a specific quantity of water that has been applied to a defined area of land or to definite municipal or industrial works, and in addition shall include water rights created by the reservation of mainstream water for the use of federal establishments under federal law whether or not the water has been applied to beneficial use. Tm 1735 2 Given this definition, all water rights actually applied to beneficial use before June 25, 1929, regardless of when actually adjudicated, should be protected against a direct Compact call.' Overview of the 1948 Upper Colorado River Basin Compact. Allocates consumptive use among the Upper Basin States. Provides Arizona with 50,000 acre feet of consumptive use per annum, with the remainder as follows: • 51.75% to Colorado • 23.00% to Utah • 14.00% to Wyoming • 11.25% to New Mexico • "Consumptive use" is defined as man-made depletions to the native (virgin) flow at Lee Ferry. Significant Compact Issues. • The conflict between Articles I11(a) and IJI(d) - which is controlling? Must the Upper Basin forgo a portion of the 7.5 million acre feet allocated in Article III(a) to deliver the 75 million acre feet allocated to the Lower Basin in any 10 year period as required by lII(d)? • The Compact commits the Upper Basin to deliver 7.5 million acre feet per year on a ten year average, but the Upper Basin has been delivering a surplus. Can the Upper Basin take credit for the surplus delivered on an average annual basis (approximately 8.23 million acre feet per year) since the Compact was ratified? • Would the United States Bureau of Reclamation first drain Blue Mesa and other federal reservoirs before requiring Colorado water users to stop diverting? • Some of the Upper Basin States such as Wyoming are much further away from using their full Upper Basin Compact entitlement. Will they be required or be willing to contribute more water to a Lower Basin Compact call so that Colorado water users are not shut down? • There is no written policy explaining how the Colorado State Engineer might attempt to meet a Compact call. The Division Engineer for Water Division No. 5 reports that the long standing assumption has been that enforcement would be on a strict priority basis, and that the State would simply start shutting down junior uses until the delivery obligation was met. There has, however, been some discussion by the State Department of Natural Resources on ' Note that without this express protection for "present perfected rights," delivery obligations could be imposed against rights senior to an interstate compact. Hinderlider v. La Plata River & Cherry Creek Ditch, 304 U.S. 92 (1938). Tm 1735 3 the feasibility of administering a Compact call by requiring each of Colorado's seven water divisions to supply a certain percentage of any state line delivery obligation. That effort is just getting started and appears a remote possibility at the current time. Water Rights List The three groupings of water rights in the charts and lists that follow are organized by priority relative to the Shoshone right and the effective date of the Compact. The reason for including the Shoshone right as a significant date has to do with the rebound call effect that a Compact call could cause, making more rights vulnerable to the Shoshone call. To understand this rebound call effect, the starting point is to recognize that if there is a Compact call, the most likely scenario is that the State Engineer would start by shutting down the most junior users until Colorado's share of the delivery obligation is met. Water rights with an appropriation date senior to the effective date of the Compact, June 25, 1929, could not be called out directly. These senior rights could, however, still be impacted in the event of a Compact call if junior to the effective administration date of the Shoshone call.' Under normal operations, most such rights are allowed to divert even when the Shoshone call is on the river because they are "Preferred Beneficiaries" under the operating policy for Green Mountain Reservoir. As such, these rights are augmented by releases from the Green Mountain power pool and can divert even when there is a Shoshone call on the river. A 1929 Compact call would be senior to the 1935 priority for Green Mountain Reservoir, impacting its ability to fill and supply this augmentation water, and thereby subjecting all Preferred Beneficiaries to the Shoshone call. Clearly, the most valuable rights controlled by the Authority are the rights senior to the effective administration date of the Shoshone call. Most such rights controlled by the Authority have been converted to annual historic consumptive use ("HCU") credits. The charts below approximate (1) the HCU credits that are senior to the Shoshone right (and therefore obviously senior to the 1929 Compact), (2) the credits that are senior to the Compact, but still junior to Shoshone, and therefore subject to a rebound call from Shoshone in the event of a Compact call, and (3) the credits that are junior to the effective 1929 date of the Compact, and the most vulnerable in the event of a Compact call. Attachment No. 1 to this memorandum is an updated master list of all of the Authority's water rights divided into these same three categories. Priority of HCU Credits. 1. Arrowhead Metropolitan District. The Arrowhead Metropolitan District owns 79 acre feet of previously quantified historic consumptive use credits. All of this water is attributable to the Terrell and Ford Ditch, Priority No. 'The priority date of the Shoshone right is January 7, 1902, but the adjudication date was December 9, 1907. There was an earlier adjudication in this same water district dated December 5, 1905. The administration number for most of the Shoshone right is 20427.18999. Tm 1735 4 6, 449, which has a 1921 priority date. Arrowhead has leased 35.1 acre feet of these HCU credits to the Authority. The priority of these HCU credits is as follows: Priority HCU-Arrowhead (in acre feet) HCU-Authority (in acre feet) Senior to Shoshone 0 0 Junior to Shoshone, but Senior to Compact 79 35.1 Junior to Compact 0 0 Despite the fact that the Arrowhead HCU credits fall into the middle priority class and are ostensibly junior to the Shoshone right, Arrowhead is also the beneficiary of important contract rights to more senior HCU credits.3 These contract rights give Arrowhead a significant interest in a number of more senior rights allocated to the Country Club of the Rockies ("CCR") by Water Rights Deed and Agreement dated May 11, 1995, among Vail/Arrowhead, Inc., CCR, and Arrowhead. The most important of these rights is the Terrell and Ford Ditch, Priority No. 151, which is senior to the Shoshone right. Arrowhead's contract rights provide that "in a time of shortage" Arrowhead's in- house municipal supply is the "paramount or primary need for water" and will be supplied before CCR can use this senior right for golf course irrigation a 3Arrowhead's contract rights are originally found in the Agreement Concerning Ownership and Utilization of Water Rights dated May 31, 1992, among Arrowhead at Vail, Country Club of the Rockies, Inc., and Arrowhead. These contract rights are recognized and preserved in the following subsequent agreements: A. Water Rights Deed and Agreement dated May 11, 1995, among Vail/Arrowhead, Inc., Country Club of the Rockies, Inc., and the Arrowhead Metropolitan District. B. Water Rights Deed and Agreement dated May 11, 1995, among Vail/Arrowhead, Inc., Country Club of the Rockies, Inc., the Arrowhead Metropolitan District, and the Smith Creek Metropolitan District. C. Agreement dated May 11, 1995, between Vail/Arrowhead, Inc. and the Arrowhead Metropolitan District. a The complete contract provision reads as follows: "[Arrowhead] requires water for municipal and domestic purposes, and between the parties hereto, this shall be considered the paramount or primary need for water in times of shortage. CCR requires water for golf course green, fairway, rough and incidental irrigation. [Vail/Arrowhead, Inc.] requires water for snowmaking purposes and incidental municipal and domestic uses in connection with the operation of mountain restaurants and the like. Between CCR and [Vail/Arrowhead, Inc.], there shall be no "priority" of utilization and shortage will be shared equally subject, however, to the primary or senior right of [Arrowhead] to secure its in-house municipal supply." Agreement Tm 1735 5 to A second contract provision gives Arrowhead the following additional protection in the event of a Compact call: The parties further recognize that, should the administration of the Colorado River be altered in that the water allocated to [Arrowhead] be subjected to administrative "call" and no longer be protected by replacement releases from Green Mountain Reservoir, [Arrowhead] shall have the right, upon written notification to [Vail/Arrowhead, Inc.] and CCR, to devote the senior-most priorities described in Exhibit A and 80CW397 as necessary to protect the municipal/domestic diversions of [Arrowhead]. Provided, however, that CCR shall have the right to continue utilizing the senior-most decrees on the condition that it pay to [Arrowhead] in a timely manner any increased costs attributable to [Arrowhead's] continued reliance upon the junior-most decrees described herein above. The most senior of the "senior-most priorities" referenced in this contract provision is the Terrell and Ford Priority No. 151 which, as mentioned above, is senior to the Shoshone call. The HCU for this right has been quantified at 197 acre feet. Given the foregoing contract provisions, Arrowhead can rely on the senior Priority No. 151 water right "in a time of shortage" generally, but more specifically can turn to this right in the event of a Compact call that might reduce the Green Mountain water otherwise available to augment Arrowhead's more junior Priority No. 449. These contract rights have been assigned to the Authority and should allow it to use the senior Priority No. 151 in the event that the 35.1 acre feet of Priority No. 449 leased to the Authority is called out. 2. Beaver Creek Metropolitan District. In contrast to the other member entities, the Beaver Creek Metropolitan District does not have previously quantified HCU credits. It does, however, have 2.5 cfs of senior direct flow rights decreed to the Townsend and Ben Nelson Ditches. These rights have been leased to the Authority. These rights have priority dates of 1888 and 1889, respectively, and are senior to the effective administration date of the Shoshone right. These rights give Beaver Creek a secure in-house municipal supply that is not subject to any downstream call. Beaver Creek also owns 6.37 cfs decreed for irrigation uses associated with the development. This water has also been leased to the Authority. Of this amount, 1.67 cfs is associated with the Townsend Ditch and has an 1888 priority date senior to both the Shoshone call and the Compact. The remaining 4.7 cfs is decreed to the Wiltshire Thomas Ditch and the 1 S` and 2"a Enlargements thereof. All of this water is senior to the effective date of the Compact, but junior to Shoshone. Concerning Ownership and Utilization of Water Rights dated May 31, 1992, among Arrowhead at Vail, Country Club of the Rockies, Inc., and Arrowhead Metropolitan District, paragraph 1. Tm 1735 6 A 3. Berry Creek Metropolitan District. The Berry Creek Metropolitan District owns 221.5 acre feet of previously quantified historic consumptive use credits. Berry Creek has leased 63.84% of this water to the Authority, for a total of 141.4 acre feet of HCU. The priority of these HCU credits is as follows: Priority HCU-Berry Creek (in acre feet) HCU-Authority (in acre feet) Senior to Shoshone 218 139.1 Junior to Shoshone, but Senior to Compact 3.5 2.3 Junior to Compact 0 0 4. Cordillera Metropolitan District. The Cordillera Metropolitan District recently conveyed 247.33 acre feet of previously quantified historic consumptive use credits to the Authority. This includes the 100 acre feet purchased from the Eagle Vail Metropolitan District. The priority of these historic consumptive use credits is as follows: Priority HCU- Cordillera/Authority (in acre feet) Senior to Shoshone 114.48 Junior to Shoshone, 124.35 but Senior to Compact Junior to Compact 8.5 5. Eagle-Vail Metropolitan District. The Eagle-Vail Metropolitan District at one time owned 824.4 acre feet of previously quantified historic consumptive use credit. Eagle-Vail leased 70.8273% of that amount to the Authority, for a total of 584 acre feet of HCU credit. Eagle-Vail subsequently sold 45 acre feet of its HCU credit to Edwards, and 100 acre feet to Cordillera, and now owns 679.4 acre feet. The priority of the remaining 679.4 acre feet of HCU credits is as follows: Tm 1735 7 Q Priority HCU-Eagle-Vail (in acre feet) HCU-Authority (in acre feet) Senior to Shoshone 0 0 Junior to Shoshone, but Senior to Compact 621.3 534 Junior to Compact 58.1 50 6. Edwards Metropolitan District. The Edwards Metropolitan District owns 264.5 acre feet of previously quantified historic consumptive use credits. Edwards has leased all of these HCU credits to the Authority. The priority of this 264.5 acre feet is as follows: Priority HCU-Edwards (in acre feet) HCU-Authority (in acre feet) Senior to Shoshone 123.6 123.6 Junior to Shoshone, but Senior to Compact 127.4 127.4 Junior to Compact 13.5 13.5 7. Smith Creek Metropolitan District. The Smith Creek Metropolitan District previously owned 68 acre feet of historic consumptive use credits associated with the Terrell and Ford Ditch, Priority No. 449, which has a 1921 priority date. Smith Creek conveyed 37 acre feet of these HCU credits to the Authority. Smith Creek also acquired from Vail Associates and conveyed to the Authority 6 acre feet of the senior Townsend Ditch water rights, with a priority date in 1888. The priority of the foregoing HCU credits is as follows: Priority HCU-Arrowhead (in acre feet) HCU-Authority (in acre feet) Senior to Shoshone 0 6 Junior to Shoshone, but Senior to Compact 31 37 Junior to Compact 0 0 Smith Creek is the beneficiary of the same contract rights to the more senior Terrell and Ford Ditch Priority No. 151 as described above for the Arrowhead Metropolitan District. These contract Tm t 735 a rights have been proportionally assigned to the Authority so that it may rely on the more senior Priority No. 151 when the Priority No. 449 water is not available. 8. Town of Avon. The Town of Avon owns 448 acre feet of previously quantified historic consumptive use credits. Avon has leased 77.7% of this amount to the Authority, for a total of 348 acre feet. The priority of these HCU credits is as follows: Priority HCU-Avon (in acre feet) HCU-Authority (in acre feet) Senior to Shoshone 345 268 Junior to Shoshone, but Senior to Compact 78 61 Junior to Compact 25 19 9. Brett Ditch. The Authority currently owns up to 93.461 acre feet of previously quantified historic consumptive use credits decreed to the Brett Ditch. All of these consumptive use credits are senior to the Shoshone rights. Tm 1735 9 \O Master Chart of HCU Total Owned (in acre feet) Leased/ Conveyed to UERWA UERWA Senior to Shoshone UERWA Junior to Shoshone, Senior to Compact UERWA Junior to Compact Arrowhead 79 35.1 0 35.1 0 Avon 448 348 268 61 19 Berry Creek 221.5 141.4 139.1 2.3 0 Brett Ditch 93.461 93.461 93.461 0 0 Cordillera 247.33 247.33 114.48 124.35 8.5 Eagle-Vail 679.4 584 0 534 50 Edwards 264.5 264.5 123.6 127.4 13.5 Smith Creek 74 43 6.0 37.0 0.0 TOTALS 1756.791 744.641 921.15 91.0 Water Storage Rights In addition to the water rights on the attached lists, the Authority has the right to water stored in the facilities described below. The Green Mountain and Wolford Reservoir water is junior to the effective date of the Compact. The water storage rights for the Homestake and Eagle Park Reservoirs are also junior to the effective date of the Compact. However, to the extent these facilities are augmented with senior water rights, they will not be subject to a Compact call. Green Mountain Reservoir - 220 acre feet pursuant to Contract No. 9-07-60-W0413 with the United States Bureau of Reclamation. The Authority also recently received an assignment from Cordillera of the following Green Mountain Reservoir rights: 73 acre feet pursuant to Contract No. 9-07-60-W0401, and 255 acre feet pursuant to Contract No. 90-07-60-W 1015. Homestake Reservoir - Stock in the Eagle Park Reservoir Company as follows: 125 shares of Class B Series 1 and 125 shares of Class B Series 2 entitling the Authority to 250 acre feet in Homestake Reservoir. Eagle Park Reservoir - 4,090 shares of Class A2 stock which entitles the Authority to 409 acre feet. 5Does not include Beaver Creek water rights and the contract rights held by Arrowhead and Smith Creek to HCU senior to the Compact. Tm 1735 10 • Wolford Mountain Reservoir/Ruedi Reservoir - 200 acre feet pursuant to Contract No. CW02020, December 31, 2002, assigned June 4, 2004 from Squaw Creek Metropolitan District. 10.8 acre feet pursuant to Contract No. CW03005, January 3, 2003, assigned April 3, 2003 from the Town of Avon. Tm 1735 11 TABLE 1: PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY SENIOR TO SHOSHONE D d ecree Structure Name 1 Owner Source 2 Amount, cfs 3 Amount Owned, cfs 4 Status 5) Adjudication Date 6 Appropriation Date 7 Original Use 8 Priority No. (9 Administration No. (10 Original Case No. 11) Howard-Winslow Ditch Brett Ditch _ Brett Ditch _ Metcalf Ditch Hurd Ditch Nottingham & Puder Ditch _ Terrell & Ford Ditch_ _ Ben Nelson Ditch Howard Winslow Ditch Laura A Hockett Ditch Berry Cr. Edwards Edwards _ Avon _ Avon _ Avon _ Arrowhead Beaver Cr. Berry Cr. C dill Berry Cr. Lake Cr. Lake Cr. Eagle R. Buck Cr. Eagle R. E le R. _G_rouseCr/EagieR Berry Cr. 3.20 3.000 3.000 6.000 2.000 10.000 6.640 3.300 3.60 0.50 18.564 of 6.000 2.000 2.500 0.000 2.500 3.60 A A A A A A A A A 12-17-1889 12-17-1889 12-17-1889 3-05-1901 3-05-1901 3-05-1901 3-05-1901 3-05-1901 3-05-1901 7-24-1884 4-01-1887 4-01-1887 4-01-1888 10-01-1888 4-02-1889 6-10-1889 6-20-1889 2-04-1890 1 I 1 1 1 _ 1 _ 1 1 1 26 53 53 146 147 148 151 153 157 12624.00000 13605.00000 13605.00000 16251.13971 16251.14154 16251.14337 16251.14406 16251.14416 16251.14645 CA294 CA294 CA294 CA385 CA385 CAM CA385 CA385 CA385 . Creamery Ditch Howard Ditch _ Howard Ditch Howard Ditch JM Dodd Ditch - Hyde & Beck Ent or era Edwards Berry Cr. Edwards Edwards Ed d Brush Creek East Lake Cr. Eat R. Eagle R. Ea le R. 3.6 7.300 3.08 3.080 3.080 0.5 1.64 of 0.76 4.94 of 13.5 of A M 3-05-1901 9-21-1893 5-05-1896 6-13-1898 6-13-1898 6-13-1898 1 1 1 _ 1 1 164 172 180 180 180 16251.15970 16927.00000 17696.00000 17696.00000 17696.00000 CA 385 CA385 CA385 CA385 CA385 . JM Dodd Ditch - H de & Beck Ent war s C dill Lake Cr. 3.900 42.12 of A 12-08-1903 5-01-1894 1 202 19509.16192 CA417 y . JM Dodd Ditch - H de & Beck Enl or era C dill Lake Creek 3.9 0.4566 A 12-8-1903 5-1-1894 1 202 19509.16192 CA 417 y . Townsend Ditch or era B C Lake Creek 3.9 1.03887 A 12-8-1903 5-1-1894 1 202 19509.16192 CA 417 Townsend Ditch eaver r. B C Beaver Cr. 1.670 1.670 A 12-05-1905 5-18-1888 1 204 20405.14018 CA438 eaver r. Beaver Cr. 2.500 2.500 A 12-05-1905 5-18-1888 1 204 20405.14018 CA438 Helton & Wiliamsen, P.C., 11/12/2004 Page 1 l.~ TABLE 2: PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY JUNIOR TO SHOSHONE AND SENIOR TO COLORADO RIVER COMPACT Decreed Structure Name 1) Owner Source (2) Amount, cfs 3 Amount Owned, cis 4 Status 5) Adjudication Date (6 Appropriation Date 7 Original Use 8 Priority No. (9) Administration No. 10) Original Case No. 11) Willow Cr. Ditch _ Dutton Ditch _ Grace Park Ditch Fleck Ditch Grace Park Ditch 1st Enl. June Creek Ditch _ Nottingham & Puder Ditch 1 st Eni. Nottingham & Puder Ditch 1st Eni. June Creek Ditch 1 st Enl. _ June Creek Ditch 1 st Enl. Graham No 1 Ditch Eagle Vail' Edwards Eagle-Vail' Eagle-Vail' Eagle-Vail' Berry Cr._ Avon _Avon Berry Cr. Berry Cr. Ea l V il' Stone Cr. Berry Cr. Eagle R. Beaver Cr. Eagle R. June Cr. Eagle R. Eagle R. June Cr. _ June Cr. 3.000 0.063 3.200 1.100 3.320 4.50 4.420 1.000 4.26 2.67 3.000 2.74 of 3.200 1.100 3.320 3.90 2.210 1.000 4.26 2.67 A A A A A A A A A C 7-26-1909 6-26-1908 10-25-1909 6-04-1907 10-03-1936 10-25-1909 10-03-1936 10-03-1936 10-03-1936 10-03-1936 6-11-1886 5-01-1888 7-01-1888 4-10-1889 7-01-1889 7-15-1889 4-02-1890 4-02-1890 6-15-1890 6-15-1890 1 1 1 1 1 1 1 1 1 I 276 269A 278 207 375 282 377 377 379 379 21707.13311 20973.14001 21756.14062 20972.14345 30894.14427 21756.14441 _ 30894.14702 30894.14702 30894.14776 30894.14776 CA430 CA487 CA527 CA446 CA963 CA526 CA963 CA963 CA963 CA963 . Graham No. 2 Ditch _ Eagle Ditch g e- a Eagle-Vail' Ea le-V il' _ Eagle Stone Cr r. 2.500 2.500 2.500 2.500 A A 7-26-1909 7-26-1909 12-15-1890 12-15-1890 1 1 277a 276a 21707.14959 21707.14959 CA519 CA519 Eagle Ditch 1st Ent g a Ea l V il' Eagle R. 2.500 2.500 A 7-26-1909 7-03-1896 _ 1 277 21707.16986 CA430 . Creamery Ditch 1st Eni g e- a Ed d Eagle R. E 7.524 7.524 A 10-03-1936 7-03-1897 1 382 30894.17351 CA963 . Howard Ditch 1st Enl. Howard Ditch 1st Enl war s Berry Cr. Ed d ast Lake Cr. Eagle R. 13.160 11.92 38.43 of 0 A A 10-03-1936 10-03-1936 5-05-1898 6-13-1899 1 1 385 385 30894.17657 30894.18061 CA983 CA963 . Howard Ditch 1 st Enl. _ JM Dodd Ditch 2nd Eni. Johnson & Howard Ditch war s Edwards Edwards B C Eagle R. -Eagle R. Lake Cr. 11.920 11.920 6.200 19.12 of 13.5 of 0 of A A Aband. 10-03-1936 10-03-1936 10-03-1936 6-13-1899 6-13-1899 5-01-1900 1 1 1 385 385 387 30894.18061 30894.18061 30894.18383 CA963 CA963 CA963 _ Hammer Ditch Smith and Pallister Ditch Nottingham & Puder Ditch (CAC No. 1 Nottingham & Puder Ditch (CAC No. 1) C.A.C. No. 1 Ditch eaver r. Beaver Cr. Cordillera Avon Avon Ea le-Vail' Beaver Cr. Beaver Cr. W. Lake Creek -Eagle R. Eagle R. W 3.000 1.600 1.6 1.280 1.000 2.625 1.600 0.458 1.280 _ 1.000 A A A A A 2-26-1910 1-12-1909 3-17-1919 10-03-1936 10-03-1936 5 14-1900 9-20-1900 7-10-1901 6-21-1902 6-21-1902 _ I 1 1 1 1 280 _ 274 340 393 393 21928.18396 21361.19164 24900.18818 30894.19164 30894.19164 CA536_ CA511 CA 706 CA963 CA963 Brett Ditch 2nd Enl. g Edwards hiskey Cr. L 2.130 2.130 A 10-03-1936 6-21-1902 1 393 30894.19164 CA963 Townsend Ditch 1 st Enl B C ake Cr. 2.450 A 10-03-1936 6-10-1904 1 394 30894.19884 CA963 . SB & AH Ditch Howard Winslow Ditch 1st Enl eaver r Beaver Cr. C B Beaver Cr. _ Beaver Cr. 3.844 6.000 3.844 2.625 A A 10-03-1936 9-08-1913 5-18-1905 6-15-1905 I 1 396 314 30894.20226 23219.20254 CA963 CA602 . Nottingham & Puder Ditch (CAC No. 2) C.A.C. No. 2 Ditch Howard Winslow Ditch 2nd Enl. Wiltshire-Thomas Ditch Hammer Ditch 1 st Enl r. erry Avon Eagle-Vail' Be Cr. Beaver Cr. B C Be Cr. Eagle R. Whiskey Cr. Berry Cr. Beaver Cr. 0.04 5.000 1.400 4.39 2.600 0.04 5.000 1.400 4.39 2.600 A A A A A 8-04-1907 10-03-1936 10-03-1936 10-03-1936 1-12-1909 6-30-1905 7-30-1905 7-304905 6-30-1906 10-29-1908 1 I I 1 1 252 399 399 401 275 20972.20269 30894.20299 30894.20299 30894.20634 21486.00000 CA446 CA963 CA963 CA963 CA511 . Wiltshire-Thomas Ditch 1 st Eni eaver r. B C Beaver Cr. 2.160 2.180 A 10-03-1936 8-01-1910 I 410 30894.22066 CA963 . eaver r. Beaver Cr. 1.200 1.200 A 11-08-1915 6-30-1910 1 331 23898.22095 CA654 Helton & Willamsen, P.C., 11/12/2004 Page 1 TABLE 2: PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY JUNIOR TO SHOSHONE AND SENIOR TO COLORADO RIVER COMPACT Structure Name 1 Owner Source 2 Decreed Amount, cfs 3 Amount Owned, cfs 4 Status 5 Adjudication Date 6 Appropriation Date 7 Original Use 8 Priority No. 9) Administration No. 10 Original Case No. 11 SB & AH Ditch 1 st Enl. Beaver Cr. Beaver Cr. 5.000 2.187 A 9-08-1913 10-17-1911 1 315 23219.22569 CA602 Metcalf Ditch 1st Ent. Avon _ Eagle R. 0.800 0.800 A 10-03-1936 4-01-1912 1 415 30894.22736 CA963 Metcalf Ditch 1st Eni. Avon Eagle R. 4.070 4.070 A 10-03-1936 4-01-1912 1 415 30894.22736 CA963 Wiltshire-Thomas Ditch 2nd Eni. Beaver Cr. Beaver Cr. 2.200 2.200 A 10-03-1936 10-29-1912 1 418 30894.22947 CA963 Johnson & Howard Ditch 1 st Enl. Avon Beaver Cr. 0.280 0.280 A 5-21-1920 5-20-1913 1 350 25672.23150 CA734 Johnson & Howard Ditch 2nd Eni. Avon Beaver Cr. 5.930 5.930 A 10-03-1936 5-20-1915 1 424 30894.23880 CA963 Graham Ditch, Second Eni. Cordillera Squaw Creek 1.0 1.0 A 6-26-1922 6-10-1916 1 354 26313.24267 CA 781 Graham No. 2 Ditch 1st Eni. Willow Cr. Ditch 1st Eni. Graham No. 1 Ditch 1st Eni. Eagle-Vail' Eagle-Vail' Eagle-Vail' Stone Cr. Stone Cr. Eagle R. 3.310 5.170 3.710 3.310 5.170 3.710 A A A 10-03-1936 10-03-1936 10-03-1936 6-01-1919 6-01-1919 12-15-1919 1 1 I _428 437 440 30894.25353 30894.25353 30894.25550 CA963 CA963 CA963 SB & AH Ditch 2nd Enl. Beaver Cr. Beaver Cr. 5.320 2.327 A 10-03-1936 10-17-1920 1 446 30894.25857 CA963 Terrell & Ford Ditch 1 st Enl. Mahone Ditch Arrowhead Eagle-Vail' Ea le R. Stone Cr. 10.910 2.760 147 of of cons. use credits 2.760 A A 10-03-1936 10-03-1936 6-10-1921 4-01-1927 1 1 449 469 30894.26093 30894.28214 CA963 CA963 'Ownership shared with Edwards and Cordillera. Helton & Wiliamsen, P.C., 11/12/2004 Page 2 TABLE 3: PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY JUNIOR TO COLORADO RIVER COMPACT D d ecree Structure Name Owner Source Amount, cfs Amount Owned, cfs Status Adjudication Date Appropriation Date Ori inal Use Priority No Administration N Original (1) (2) (3) (4) (5) (6) (7) g (8) . (9) o. (10) Case No. (11) Graham No. 1 Ditch 2nd Eni. - Eagle-Vail'_ Eagle R. 8.590 8.590 A 2-07-1956 5-15-1930 1 498 31983 29354 CAI 128 Nottingham Domestic PL Avon Buck Cr. 1.000 1.000 C 12-31-1973 9-01-1933 M,D . 44925 30559 W-2130 C.A.C. No. 3 Ditch Eagle Vail' ' Stone Cr. 0.250 0.250 A 1003-1938 11-24-1933 1 482 . 30894 30643 CA963 C.A.C. No. 3 Ditch Eagle-Vail Stone Cr. 6.150 6.150 A 10-03-1936 11-24-1933 1 482 . 30894 30643 CA963 Hammer Ditch 2nd Enl. Beaver Cr. Beaver Cr. 6.240 6.240 A 7-23-1958 7-31-1940 1 526 . 38753 33084 CA Nottingham & Puder P&PL . I 193 - Avon _ Eagle R. 13.580 4.235 A 7-23-1958 5-31-1941 1 527 38753 33388 CA1193 Metcalf Ditch 2nd Enl. Avon Eagle R. 9.130 9.130 A 7-23 1958 555-15-1942 I 528 . 38753 33737 CAI 193 Peterson Ditch - Edwards Eagle R. - 1.000 9.7 of A 2-07-1956 5-06-1946 _ 1 505 . 35189 00000 CA1128 Nottingham & Puder Ditch (GracePark) Avon Eagle R. 0.500 0.500 A 7-23-1958 - 4-30-1948 1 - 530 . 38753 35914 CAI 193 Grace Park Ditch 2nd Enl. - Eagle-Vail' Eagle R. 12.480 12.480 A 7-23-1958 4-30-1948 1 530 . - 38753 35914 CA1193 Townsend Ditch 2nd Enl_ Beaver Cr. Beaver Cr. 12.000 12.000 A 7-23-1958 5-31-1950 I . 38753 36675 CAI 193 Terrell & Ford Ditch 2nd Enl. Arrowhead Eagle R. 6.200 0.000 A 2-07-1956 5-31-1951 1 511 . 37040 00000 CAI 2 Johnson & Howard Ditch 3rd Enl A . 1 8 . von _ Beaver Cr. 2.800 2.800 A 7-23-1958 5-31-1952 1 535 38753 37406 C Eagle Ditch Nottin ham Eni E l V il' . AI 193 g . ag e- a Eagle R. 3.176 3.176 A 2-07-1956 6-01-1952 1 514 37407 00000 CAI 128 Hammer Ditch 3rd Ent. - Beaver Cr. Beaver Cr. 2.000 2.000 A 5-31-1972 12-01-1956 D,S . 42420 39051 CA1529 Johnson & Howard Ditch 4th Enl. Beaver Cr. Beaver Cr. 2.000 2.000 A 5-31-1972 12-01-1956 D,S . 42420 39051 CA1529 SB & AH Ditch 3rd Enl. Beaver Cr. Beaver Cr. 2.000 2.000 A 5-31-1972 12-01-1956 D'S . 42420 39051 CA1529 Townsend Ditch 3rd Enl.__ _ Beaver Cr. Beaver Cr. 2.000 2.000 A 5-31-1972 12-01-1956 D,S . 42420 39051 CA1529 Wiltshire-Thomas Ditch 3rd Eni. _ Beaver Cr. Beaver Cr. 2.000 2.000 A 5-31-1972 12-01-1956 D,S _ . 42420 39051 CA1529 Silver Spring No. 1 _ Edwards trib Eagle R. 0.044 0.044 A 12-31-1973 6-01-1965 M,D,S - . 44925 42155 W-1776 Silver Spring No. 2 Edwards trib Eagle R. 0.044 0.044 A 12-31-1973 6-01-1965 M,D,S - . 44925 42155 W-1777 Williams Ditch Edwards Eagle R. 0.500 0.500 C 12-31-1976 4-15-1968 M,D,C,N - . 46020 43204 W-3134 Williams Ditch Edwards Eagle R. 0.500 0.500 A 12-31-1976 4-15-1968 1 - . 46020 43204 W-3134 HA Nottingham & Sons W T & S Avon Beaver Cr. 3.000 1.000 A 12-31-1971 4-17-1971 M,D,1,0 . 44301.0000 W-327 Beaver Cr Municipal Diversion VAI Beaver Cr. 3.000 3.000 C 12-31-1971 11-26-1971 M,N,D,R 44524 00000 W-436 Townsend Municipal Pipeline VAI Beaver Cr. 3.000 _ 3.000 C 12-31-1971 11-26-1971 M,N,D,R . 44524 00000 W 437 Peterson Spring Edwards trib Eagle R. 0.750 0.750 C 12-31-1974 7-04-1972 M,D,S - . 45290 44745 W-2322A Eagle Pond Stone Cr Reservoir & Dit h Eagle-Vail Stone Cr. 5.19 ac-ft 5.19 ac-ft A 12-31-1976 8.18.1972 I,R,P . 46020.44790 W-3289 c Stone Cr Reservoir & Ditch _ Eagle-Vail Eagle-Vail Stone Cr. Ston C 3.000 1 3.000 A 12-31-1976 8-18-1972 1 46020.44790 VV-3289 _ Eagle-Vail Mun Water System Eagle-Vail e r. Stone Cr. & Eagle R 2.000 2 332 12.000 2 332 A C 12-31-1976 8-18-1972 R,P E 46020.44790 W-3289 . . . 12-31-1976 8 20-1972 M ,D,I,R,O 46020.44792 W-3289 Helton & Wtliamsen, P.C., 11/12/2004 Page 1 TABLE 3: PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY JUNIOR TO COLORADO RIVER COMPACT D d Structure Name (1) Eagle-Vail Mun Water System Owner E l V il Source (2) ecree Amount, cfs (3) Amount Owned, cfs (4) Status (5) Adjudication Date (6) Appropriation Date (7) Original Use (8) Priority No. (9) Administration No. (10) Original Case No. (11) Avon Metro Mun Water S stem ag e- a A Stone Cr. & Eagle R. 3.168 3.168 A 12-31-1976 8-20-1972 M,D,I,R,O 46020.44792 W-3289 y Avon Metro Mun Water S stem von A Eagle R. 1.000 1.000 C 12-31-1977 8-31-1974 M,D,1,0 46386.45533 W-3666 y South Forty Well South Forty Well von Edwards E Eagle R. Eagle R. alluv 4.000 0.648 4.000 0.848 A C 12-31-1977 12-31-1976 8-31-1974 6-15-1976 M,D,1,0 M,D,I,C,N - 46386.45533 46187.00000 W-3666 W-3136 Williams Reservoir - Benchmark Lake (Nottingham Lake) June Cr. Ranch Co. Well No. 1 June Cr. Ranch Co. Well No. 2 June Cr. Ranch Co. Well No. 2 June Cr. Ranch Co. Well No. 3- June Cr. Ranch Co. Well No. _4 June Cr. Ranch Co. Well No. 5 _ June Cr. Ranch Co. Well No. 6 June Cr. Ranch Co. Well No. 6 June Creek Reservoir _ Tract E Reservoir (Charolais Res dwards Edwards. Avon Berry Cr. Berry Cr. - Berry Cr. Berry Cr. Berry Cr. Berry Cr. Berry Cr. B erry Cr. __Berry Cr. B C Eagle R. alluv Eagle R. Eagle R. & Buck Cr Eagle R. alluv Eagle R. alluv Eagle R. alluv Eagle R. alluv -Eagle R. alluv Eagle R. alluv Eagle R. alluv _ Eagle R. alluv Berry,June,Ea le 0.022 8.0 of 168.349 a 0.111 0.379 0.735 0.223 0.223 0.223 0.535 0.579 45 of 0.022 8.0 ac-ft 168.349 of 0.111 0.379 0.735 0.223 0.223 0.223 0.535 0.579 22.8 of A C A C A C C C C A - C - A 12-31-1978 12-31-1976 12-31-1977 12-31-1978 12-31-1978 12-31-1978 12-31-1978 12-31-1978 12-31-1978 12-31-1978 _ 12-31-1978 _ 12-31-1978 6-15-1976 6-15-1976 6-01-1977 12-01-1978 12-01-1978 12-01-1978 12-01-1978 12-01-1978 12-01-1978 12-01-1978 1241-1978 12-01-1978 M,D,I,C,N M,D,I,C,N M,D,t,O M,D,I,R,P,O M,D,I,R,P,O M,D,I,R,P,O M,D,I,R,P,O M,D,I,R,P,O - M,D,I,R,P,O M,D,t,R,P,O - _ M,O,I,R,P,O M,D,I,R,P,O - - - 46187.00000 46187.00000 46538.00000 47086.00000 47086.00000 47086.00000 47086.00000 47086.00000 47086.00000 47086.00000 47086.00000 -47086.00000 W-3136 W-3135 W-3582 W-3999 W-3999 W-3999 W-3999 W-3999 - W-3999 W-3999-- _ W-3999 W-3999 Arrowhead Ea le R D&PL erry r. Berry,June,Eagle 15.5 of 0 A 12-31-1978 12-01-1978 R,A _ 47086.00000 W-3999 g . _ Arrowhead McCoy Cr_D_&PL Arrowhead Reservoir Creamery Ditch Homestead Res. Enl Homestead Reservoir Arrowhead Arrowhead Arrowhead Edwards Eagle R. McCoy Cr. McCoy Cr. _ E. Fk Lake Cr. 5.000 5.000 500 of 5.000 0.000 0.000 30 of 0.000 C C C C 12-31-1979 12-31-1979 12-31-1979 12-31-1981 12-28-1979 12-28-1979 12-28-1979 12-31-1979 M,D,I,F,R M,D,I,F,R M,D,I,F,R M,R,P,O - 47478.00000 47478.00000 47478.00000 47847.47841 79CW360 79CW360 79CW360 81CW265 Avon Metro Mun Water System 1st Enl Arrowhead Well No. 1 Arrowhead Well No. 2 Arrowhead Well No. 3_ _ Arrowhead Well No. 4 Edwards Village Well No. 1 Edwards Village Well No. 2 - Edwards Village Well No. 3 Edwards Ville Well No. 4 Edwards Village Well No. 5 Edwards -Avon Arrowhead Arrowhead Arrowhead Arrowhead Edwards Edwards Edwards Edwards Edwards E. Fk Lake Cr. Eagle R. Eagle R. alluv Eagle R. alluv Eagle R. alluv Eagle R. alluv Eagle R. alluv Eagle R. alluv Eagle R. alluv Eagle R. atiuv Eagle R. alluv 20 ac-ft 5.000 0.557 0.557 0.557 0.557 0.111 0.111 0.111 0.111 0.111 0.000 5.000 0.312 0.312 0.312 0.312 0.111 0.111 0.111 0.111 0.111 C C C __C C C C C C C C 12-31-1981 12-31-1980 12-31-1980 12-31-1980 12-31-1980 12-31-1980 12-31-1980 12-31-1980 12-31-1980 12-31-1980 12-31-1980 12-31-1979 3-04-1980 5-13-1980 5-13-1980 5-13-1980 5-13-1980 12-18-1980 12-18-1980 12-18-1980 12-18-1980 12-18 1980 M,R,O,P M,D,1,0 M,D,I,F,R M,D,I,F,R M,D,I,F,R M,D,I,F,R M,C,D,I,R,O M,C,D,I,R,O M,C,D,I,R,O M,C,D,I,R,O M,C,D,I,R,O - - - - - 47847.47481 47545.00000 47615.00000 47615.00000 47615.00000 47615.00000 47834.00000 47834.00000 47834.00000 47834.00000 47834.00000 81CW268 84CW225 80CW397 80CW397 80CW397 80CW397 80CW550 80CW550 80CW550 80CW550 80CW550 Helton & Wiliamsen, P.C., 1111212004 Page 2 TABLE 3: PERTINENT ASPECTS OF WATER RIGHTS ASSOCIATED WITH THE UPPER EAGLE RIVER WATER AUTHORITY JUNIOR TO COLORADO RIVER COMPACT D d ecree Structure Name (1) Edwards Village Well No 6 Owner Edwards Source 2) E l Amount, cfs (3) Amount Owned, ofs (4) Status (5 Adjudication Date (6) Appropriation Date 7) Original Use (8 pPrniornity Administration No. 10) Original Case No. (11) . Edwards Mun Diversion Pipeline Ed d e R. allw 0.111 0.111 C 12-31-1980 12-18-1980 M,C,D,I,R,O 47834.00000 80CW550 Edwards Village Pond No. 1 Edwards Village Pond No. 2 Edwards Village Pond No. 3 Edwards Village Pond No 4 war s Edwards Edwards Edwards Ed d Lake Cr. alluv Eagle R. Eagle R. _ Ea le R. 0.891 2.4 ac-ft 1.7 ac-ftf 0.7 ac-ft 0.891 1.8 ac-ft 1.2 ac-ft 0.5 ac-ft C C C C 12-31-1981 12-31-1981 12-31-1981 12-31-1981 2-10-1981 2-10-1981 2-10-1981 2-10-1981 - M,C,D,I,R,O M,C,N.D,I,R, M,C,N.D,I,R, M,C,N.D,I,R, - 47888.00000 47888.00000 47888.00000 47888.00000 81CW61 81CW61 81CW61 81CW61 . Edwards Village Pond No. 5 - Edwards Water Dist Well No 2 war s -Edwards Ed _ Eagle R. _ Eagle R. 0.7 ac-ft 0.5 ac-ft 0.5 ac-ft 0.4 ac-ft C C 12-31-1981 12-31-1981 - 10-1981 2-10-1981 M,C,N.D,I,R, M,C,N.D,I,R, - - 47888.00000 47888.00000 81CW61 81CW61 . Edwards Water Dist Well No 3 wards Ed Eagle R. alive E 0.440 0.440 C 12-31-1981 6 11-1981 M,D,I,C,N,O - 48009.00000 81CW161 . Squaw Cr. Rec. Reservoir 8 Squaw Cr. Rec. Reservoir 7 Squaw Cr. Rec. Reservoir 8 Cordillera Reservoir 1 Cordillera Reservoir 2 - Cordillera Reservoir 3 Cordillera Reservoir 4 Cordillera Reservoir 5 Cordillera Reservoir 6 SCR Diversion Pt. No. 1 Eagle River Div. Pt. 2 _ Eagle River Div Pt 3 wards Cordillera Cordillera Cordillera _ Cordillera Cordillera Cordillera Cordillera Cordillera Cordillera Cordillera - Cordillera _ agle R. allw Crib. of Squaw Cr. trib. of Squaw Cr. trib. of Squaw Cr. trib. of Squaw Cr. trib. of Squaw Cr. trib. of Squaw Cr. W. Lake Creek Squaw Creek 0.440 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 5.0 5.0 0.440 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 10 ac-ft 5.0 5.0 C C C C C C C C C C C C 12-31-1981 8-18-1987 8-18-1987 8-18-1987 7-22-1988 7-22-1988 7-22-1988 7-22-1988 7-22-1988 7-22-1988 10-11-1990 1-3 1992 8 11-1981 11-30-1985 _ 11-30-1985 11-30-1985 11-19 1987 11-19-1987 11-19-1987 11-19-1987 11-19-1987 11-19-1987_ 5-5-1989 4 28-1990 M,D,I,C,N,O ` ` - - - - - - 48009.00000 N/A _ N/A N/A N/A N/A N/A N/A N/A _ N/A N/A N/A_ 81CW761 86CW153 86CW153 86CW153 87CW309 87CW309 87CW309 87CW309 87CW309 87CW309 89CW218 91CW076 . . _ SCR Div. Pt. No. 7 _ Cordillera Cordillera Squaw Creek Squaw Creek 5.0 5.0 5.0 5.0 C C T3-1992 1-3-1992 4-26-1990 4-26-1990 - - N/A N/A 91CW076 91CW076 250 gpm Fenno Well Nos. 1 - 7 Cordillera trib. of Squaw Cr. 450 m 450 gpm Abs, 200 pm Cond 1-3-1992 426-1990 - N/A 1 91CW0771 'Ownership shared with Edwards and Cordillera. Helton & Wliamsen, P.C., 11/12/2004 ;0 Page 3 Attachment 7a A 171 ELY C.t1A11, A but we will watch it carefully,'' he said, Steele said quake activity at Rainier has increased over note mal levels in recent weeks. Five quakes greater than magnitude 2.0 were recorded Oct. 25-31, he said. But Mount Rainier calmed down Monday and has been 'blessedly quiet` smce, he said. Scientists are watching for continuing earthquakes new tlhe volcano's surface and a particu- lar type of seismic activity that STATE &"' ION Temb 0, lor shakes Mount Puuir by bin Van Bronktrorst ?Irrortiarnd Prra SY;ATIM - Mount Rainier 1 shook with a 3,2magnihtde earthquake under the volcanic crater, but scientists said Taes- day that the quake is not related to activity at Mount St Helens and does not signal an eruption soon. The small quake at 1123 a.m. Sunday was centered one mile below the surksce of Rainier's volcanic crater, said BID Steele, coordinator of the Pacific NorUr west Seismograph Network at the University of Washington. "Directly under the volcano, that's a significant size," We)e said. One other 8.2magnitude quake has been recorded at the mountain in the past 30 years, on Feb. 19, 2002, Sunday's quake occurred within a cluster of 17 to 18 shal- low temblors, most of which oo• cun-ed over several bows, he said. 'Z7iis doesn't mean there's an increased chance of entpdon, results fi- mn fluid moviTag through r+ocke. 'hose clues mAh' mud an eruption, Ste de said. "Mount Rainier has been q4 et for a long time and it would bake a lot of pounding away from magma (rooits way up toward the munj tit," lie said Mount Rainier, v4A& laas been volcanically active for ba tween a mr'lion and a half years, last erupted about 150 years ago and scientists say its Maly to erupt again at some point E*Pert: Western drought Anociatad Parr I)L-NVER -'A government climate remarchcr is predicting r Western drought could linger for &Everal more years and more frequent droughts are likely, "7t could continue for sever-ad more yew, and ies some) ibw we need to be aware 4" Grego- 17 McCabe of the U,S. Geologi- cal Survey said, '7 think people "Thus the scary part." should be on their guard.- Drought in the West often is linked to periods when the northern Atlantic Ocean is warmer, Than normA periods that tend to last nine to 23 years, McCabe said. 711e northern Atlantic switched into a warn. phsge nine years ago, wd it showy no sWns of fadiw, McCabe said Monday at the amiual meeting of tho SECTION • A may linger Geological Society of America, Colorado River flows at Lee's Ferry were lower between 2000 and 2004 than in any other five- year period since record keep. ing began in 1931, McCabe said. Ire's Ferry is near the Arizona- Utah litre downstrearrn from Glen Canyon barn, which canted Lake Powell. At the end of September, Lake Powell was at 38 percent capaei- ty and still falling. It hasn't been this low since 1974 w1m the lake was first fiIling. McCabe said tree ring studies Show the 2Ut11 century was unusualy wet in the upper Colorado River Ba. sin. "Maybe the 20ib cenhay was the anomaly and this drought isn't the anomaly," Mcc be sai& ot CONFIDENTIAL MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: ORGANIZATION OF NEW COUNCIL DATE: November 17, 2004 The purpose of this memorandum is to outline the procedure for election of a mayor and mayor pro tem at the organizational meeting on November 23. As you know, organization of the new council has been deferred from its usual time, within seven days after the election, to November 23. My interpretation of the Charter has for two elections now been that "seven (7) days after each municipal election" has to mean seven days after certification of election results. As appears from the meeting agenda, the organizational meeting will not occur until the evening, while a work session is scheduled in the afternoon. Until the new council is organized, Buz and Mac will remain in office as mayor and mayor pro tem. I anticipate that Buz will not be present, and Mac in that case should preside over the work session. By Section 4.3 of the Town's Charter, the mayor and mayor pro tem are elected by majority vote at the organizational meeting, after new council members have taken office. Therefore, after the new members are sworn, it will be necessary to elect a temporary chairman. The temporary chairman next will call for nominations for the office of mayor. If prior practice is followed and if more than one person is nominated, Patty will distribute ballots, which council members will mark and return to Patty. She will count them, and I will observe. If only one person is nominated, anyone can move to close nominations and cast a unanimous ballot for that person. The practice of secret balloting arguably may conflict with the Colorado Open Meetings Law, which requires that all meetings be open to the public. As a technical matter, a "secret" ballot may not qualify as "open." On the other hand, Section 5.5 of the Charter permits the council to adopt its own rules, which provides some flexibility. It is my recommendation that the traditional practice of secret balloting be followed. If a council member wishes to proceed by roll call, a motion to that effect would be in order. Once the mayor is elected, he or she will preside over the remainder of the organizational meeting. Again, nominations for mayor pro tem should be called for and ballots distributed if more than one person is nominated. The mayor pro tem is elected by majority vote of council members present. However, the mayor may vote only in case of a tie. I have suggested to Patty that, when she hands out the ballots, she not give one to the mayor. JWD:ipse Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directo Jacquie Halburnt, Asst. Town Manager Date: November 15, 2004 Re: Presentation of History of Confluence Annexation and Development Agreements Summa nr. On Tuesday, as a refresher for Council members, staff will have a PowerPoint presentation regarding the recent history of the annexation of the Confluence and the resulting development agreements with the Confluence, Lot C and Lot B. We will review the dual district structure and existing financing plan, the exactions as they exist today and the rebate provisions in both the original and amended development agreements. Town Manager Comments: Attachments: Flow Chart of Confluence History Confluence, Avon Station, and Mountain Vista Metro District Boundaries Development Standards from Confluence and Lot C PUD Revised Submittals Page 1 Confluence History Confluence Annexed Into Town - 8/25/98 Development Agreement -10/27/98 Confluence Lot C Lot B Vistana Buys Lot C -1999 Petition for Exclusion -1/17/00 Exactions and Regional Improvements: Pedestrian Overpass 15,000 Sq. Ft. Conference Center Affordable Housing $160K Fee for Fire Station Easement for "at grade" RR Crossing Water and Water Rights Construction & Maintenance of Mall Amendment 02/22100 Lot C Separated from Vail Resorts $1.5 Million Limit on RETT Rebate Must Build Hotel by 06/01/07 15 Yr Limit on 75% Sales Tax Rebate Beginning 6/1/06 Recreation Amenities Fee Added PUD Development Plan Formation of New District for Lot C - 5/17/00 Mountain Vista Metro IGA for Cost-Sharing 02/23/01 Avon Station Metro Confluence Metro 25 Mills for Improvements 20 Mills for Convention Center Rebate Agreement For Parking Improvements 75% Sales and Lodging Taxes On Room Rentals 50% 1 st Time RETT PUD Zoning Development Standards Property Rights Vested Service Plan -09/22/98 Dual District Structure Financinq Plan Confluence Metro I Avon Station Metro Service District Funding and Tax Base i i rn cc Al. ? v c in Na ?z I` 1 ~ CL 2? < CL a '? 1 W F. Qd 2 W ? r i a /?qq o 0 to N q r w J U co J - I `p 'J ?i ri :5-7 I ?I III ' V 1 ?P! U 1 i 1 `? ? ? I n ? IvI ? W t ? r I 7 SECTION TT: Zoning Review: Title 17 I DEVELOPMENT STANDARDS: Confluence PUD Revised Submittal No.3 October 27, 1998 A. Intention: This development is intended to complement the adjacent town center developments, future developments and expansions and to provide a variety of uses on the Confluence such as lodges, commercial establishments and offices in a predominantly pedestrian environment. 't'hese development standards are intended to provide a development which distinguishes this development from other areas within the Town. B. Allowed Uses: The following uses shall be permitted in this Confluence development and those designated with a ¦ shall also be allowed at plaza / ground level, those uses not designated with a ¦ shall not be permitted at plaza / ground level. Commercial uses designated with a O shall be permitted to a maximum of 40,000 SF GLFA: 1. ¦ O Retail Stores; 2. ¦ O Specialty Shops; 3. ¦ O Restaurants, excluding drive-through windows; 4. ¦ O Cocktail Lounges; 5. ¦ O Personal service shops; 6. 0 O Professional offices; 7. ¦ Hotels; 8. ¦ Lodges; 9. Apartments; 10. Condominiums; 11. ¦ Indoor recreation 12. ¦ O Financial Institutions; 13. Bed and breakfast lodge; 14. Time-share, interval ownership, and fractional fee ownership projects; 15. ¦ Intercept / day-skier parking; 16. ¦ O Entertainment Facilities 17. ¦ Additional uses determined to be similar to allowed uses in accordance with the intern of this zone district, to be approved by the zoning admuininistrator. C. Special Review Uses: 1. Public Transportation facilities; 2. Public parking facilities except for intercept / day-skier parking provided at initial development phase. 3. Theatres; 4. Conference / Convention Facilities; 5. Aboveground public utility installations; 6. Churches; 7. Drive-through windows. Confluence PUD Revised Submitta] Yo.3 October 27, 1998 Page 2 of 2 D. Development Standards: 1. Lot Area: 18.886 Acres [Not to be affected by future condominium and/or subdivision platting) 2. Building Height: No building or portion thereof may extend above a plane 10 feet below that projected horizontally fxOm the top of the Avon Center Building, and in no case shall any building be taller than 120 feet, measuring said height as defined in Title 17 of the Avon Municipal Code. Specific buildings will provide for appropriate view corridors from town core areas. 3. Building Setbacks: See Building Setback Diagram - Exhibit N (Revised I0/9/98) A. Riverfront: Seventy Five Fett [75'] from the mean annual high water mark. If the 100 year flood plain or identified wetlands exceed the 75' setback those exceptions will constitute the designated setback. B. Side [East]: Twenty Feet [20'] C. Rear [North]: Ten Feet [10'] Zero Feet [0'] for structures pertaining to transportation systems and / or buildings or pedestrian linkages. Non-habitable porte-cochere, low level roof structures covering open air pedestrian ways and awnings relating to commercial uses may encroach into setback. 4. Maximum Site Coverage: Seventy per cent [70%] 5. Maximum Density: 456 Dwelling Units which equates to 30 Dwelling Units per acre of buildable area. (3 hotel rooms or Accommodation Units = I Dwelling Unit) 6. Parking: A. Commercial: Five spaces per thousand square feet gross leasable floor area [GL1~A] applied to a full range of commercial uses [allowed in `Town Center' zoning such as retail, restaurant, and i or office] excluding parking requirements for incidental guest oriented commercial uses within hotels. B. Residential/Lodging: 1. Hotel: 1.0 parking space per room (Including parking requirements for incidental guest oriented commercial uses within hotel) 2. Timeshare / Interval Ownership Units: 0.6 parking spaces per bedroom. 3. Dwelling Unit: 2.0 parking spaces per unit up to two [2] bedrooms plus, 0.5 parking spaces per additional bedroom. 4. Deed Restricted Employee Housing: 0.5 parking spaces per bedroom C. No additional guest spaces shall be required. All surface and below grade parkin spaces shall be counted toward meeting these requirements. Lot C )PUD Revised Submittal October 27, 1998 SECTION H: Zoning Review: Title 17 I DEVELOPMENT STANDARDS: A. Intention: This development is intended to complement the surrounding town center developments, future developments and expansions and to provide a variety of uses on Lot C such as lodges, commercial establishments and offices in a predominantly pedestrian environment. These development standards are intended to provide a development which distinguishes this development from other zone districts within the Town. B. Allowed Uses: The following uses shall be permitted in this Lot C development and those designated with a ¦ shall also be allowed at plaza / ground level, those uses not designated with a ¦ shall not be permitted at plaza / ground level: 1. ¦ Retail Stores; 2. ¦ Specialty Shops; 3. ¦ Restaurants, excluding drive-through windows; 4. ¦ Cocktail Lounges; 5. ¦ Personal service shops; 6. ¦ Professional offices; 7. 4 Hotels; 8. ¦ Lodges; 9. Apartments; 10. Condominiums; 11. ¦ Indoor recreation and/or entertainment facilities; 12. ¦ Financial Institutions; 13. Bed and breakfast lodge; 14. Time-share, interval ownership, and fractional fee ownership projects; and, 15. ¦ Additional uses determined to be similar to allowed uses in accordance with the intent of this zone district, to be approved by the zoning administrator. C. Special Review Uses: 1. Public Transportation facilities; 2. Public parking facilities; 3. Theatres; 4. Conference / Convention Facilities; 5. Churches; 5. Aboveground public utility installations; and, 6. Drive-through windows. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk I%N1 Date: November 16, 2004 Re: Work Session - School Site at the Village at Avon Summary: Karen Strakbein, the Assistant Superintendent of Business Services with the Eagle County School District will address the Council with regards to a discussion about what the Town's position is regarding the potential school sites for the Village. A community meeting scheduled by the Eagle County Schools Board of Education will be held on November 17th. The local citizens have been invited to attend to discuss the location of the Village at Avon school site. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann - Community Development Date November 17, 2004 Re: Comprehensive Plan Update Summary: At the last Comprehensive Plan Steering Committee meeting on November 15th, members broke into small sub-committees to discuss several of the public comments they had received. At the end of the meeting, the committee had expressed some concern that the goals and policies needed further revisions. Because of this, the Committee felt that at least two more Steering Committee meetings were necessary prior to holding an Open House. Therefore, the next scheduled Steering Committee meeting will be held December 2nd, and the originally scheduled Open House (December 6t') has been postponed to a future date to be determined by the Committee. Town Manager Comments: Comprehensive Plan Update Page 1 of 1 November 23, 2004 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: November 17, 2004 Re: Wildridge Public Meeting - Traffic Calming & Pedestrian Circulation Wildridge Park Improvements Summary: A Public Meeting is scheduled from 5:30 PM to 7:30 PM, Thursday November 18 at the Wildridge Fire Station to present a summary of comments received at the previous October 14 Public Meeting. The intent of this meeting is to prioritize potential improvements related to both Traffic Calming & Pedestrian Circulation and Park Improvements. We will be presenting some suggested improvements that we believe will address some of the comments and concerns expressed in the previous meeting. We will also solicit ideas and suggestions that may also be viable in addressing the same. The feedback and information received at this meeting will be utilized to develop an improvement program using budgeted funds to address the expressed concerns and comments in the most effective manner possible. We will be prepared to present the recommended improvement program for both the Park and Traffic Calming & Pedestrian Circulation to the Council and Public at the January 25, 2005 Council meeting. Currently budgeted funds are: Wildridge Park Improvements and Playground $ 150,000 Wildridge Traffic Calming & Pedestrian Circulation $ 155,000 A Summary of Comments and Input received at the October 14 meeting is attached. Town Manager Comments: L\Engineering\CfP\Wildndge Park -Tract D\LO AdministrationAA Public Relations\Memo Council Update- I.Doc WILDRIDGE PUBLIC MEETING October 14, 2004 INPUT & COMMENT SUMMARY Wildridge Pocket Park No Pedestrian Access to Park Separate Infants & Older Kids Equipment (Example: Betty Ford Park) Trail from Draw Spur to Park Play Equipment Develop Lower Section with Equipment Seesaw & Adult Swings Small Climbing Walls - Part of Equipment Towers / Houses Separate Equipment by Age Sections Picnic Table Should have Shade Picnic Shelter Better Landscaping - More shade Trees Near Picnic Tables Horseshoe Pit Play Equipment Like Ford Park More Landscaping in Park More Trailhead Parking Better Signage for June Creek Trailhead Access Parking Park Equipment Equipment - Creative Things / Not so Ordinary, i.e. Climbing Wall Vacant Lot Just Sitting There / Dirt Just Dumped There - Needs Improvements Play Equipment on Upper Level Increase Parking Area at Trailheads Playground Equipment on Upper Level - Dog Park on Lower Level Development on Lower Level May Pose Safety Issues, i.e. Visibility Picnic Shelter in Lower Area More Convenient Entrance to Park from Parking Lot More Parks in Upper Wildridge L'Engineering\CIP\Wildridge Park- Tract D\1.0 Administration\14 Public Relations\Comments Summary-1 101404. Doe Traffic & Pedestrian Circulation Trail From Draw Spur to Park Trail System in Lower Wildridge Need Stroller Lane - Widened Lane No Speed Bumps Speeding is Large Issue Widen Road - Bike & Stroller Usage Wildridge Road Needs Walk/Pedestrian/Bikeway Educate Pedestrians, i.e. Walk Against Traffic Walk Dog on Ditch Side Streetscape Light at Intersection of Old Trail Road & Wildridge Road Sidewalks - Meaning Widened Roadways Use of Speed Bumps - Fire Station to Bear Trap Road Mini Roundabout for Speed Control More Police Enforcement Trail Access to Lower R/W or Parcels Bike Lane/Shoulder Section Up to the Park Prefer Wildridge Road Improvements Before Trail System Reduce Pedestrian Traffic Between Old Trail/ Bear Trap roads& Wildridge Road Walk Circle on Wildridge Road West to Wildridge Road East Hard or Soft Surface Paths Reflectors or Flashing Light on Wildridge Road Speed Limit Sign No Permanent Trail Between Lots From Draw Spur to Saddle Ridge Loop Signage - No Public Access Across Private Property Increase Width of Shoulders on Metcalf Road Trail System to Link Wildridge Road With Nottingham Road Signage for Trail system to Discourage Trespassing Through Private Property Sidewalks - Biking/Walking Mirror at Metcalf Road & Lot 18/19 Access is to Small Install Landscape Stairs From Saddle Ridge Loop to Access Trail on USFS Land Speed Bumps Please Trail System - Well Constructed & Control Weeds Widen Metcalf Road 4 Feet - Need Master Plan ]:AEngineering\CIP\Wildridge Park- Tract D\1.0 Administration\1.4 Public Relations\Comments Summary-1 101404.Doc 2 Maintenance Issues: Mutt Mitts in Neighborhood Fire Station Park - Wood Needs Treatment/Want Adult Swings May Cleanup Day Greatly Needed BI-Annual Cleanup Reflectors or Flashing Light at Speed Limit Sign on Wildridge Road Cleanup Corner of Wildridge Road & Bear Trap Road Mirror at Metcalf Road & Lot 18/19 Access is to Small Community Maintenance of Trails Better Landscaping - More shade Trees Near Picnic Tables Education & Enforcement: To Many Dogs Not on Leash Dog Catcher Not Present Dog Feces Present On Side of Road & Park Speeding is Large Issue Educate Pedestrians - Walk Against Traffic Walk Dog on Ditch Side More Police Enforcement Leash Law Not Enforced People Don't Attend to Dogs Dog Education Community Action / Homeowners Group May Cleanup Day Greatly Needed Neighborhood Get Togethers BI-Annual Cleanup Community Day Was Good Idea Increase Signage - No Public Access Across Private Property Signage for Trail System to Discourage Passing Through Private Property Community Maintenance of Trails Dog Feces Present On Side of Road & Park Establish Homeowners Group l:AEngineering\CIP\Wildridge Park -Tract D\1.0 Administration\1.4 Public Relations\Comments Summary-1 101404. Doc 3 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA NOVEMBER 23, 2004 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO 1. Opening Ceremonies a. Reading of the List of Newly Elected Council Members (Patty McKenny) b. Swearing in of Newly Elected Council Members (Judge Buck Allen) c. Council Members to Take Temporary Seating 2. Elect a Temporary Chairman 3. Call to Order / Roll Call 4. Elect Mayor and Mayor Pro Tern 5. Citizen Input 6. Resolutions a. Resolution 04-38, Series of 2004, Reappointing C.G. Allen, III as Municipal Judge (John Dunn) b. Resolution No. 04-44, Series of 2004, A Resolution in Appreciation of Albert D. Reynolds c. Resolution No. 04-45, Series of 2004, A Resolution in Appreciation of Michael Brown d. Resolution No. 04-46, Series of 2004, A Resolution in Appreciation of Peter Buckley 7. Ordinances a. Ordinance No. 04-20, Series of 2004, First Reading, An Ordinance Providing ofr the Amendment of Ordinance No. 98-6, Amending the Chateau St. Claire PUD Development Plan and Development Standards, Lot 1 and 2, Chateau St. Claire Subdivision, Town of Avon, Eagle County, Colorado (Eric Heidemann) - A proposal to the PUD to remove the 6 deed restricted housing units as required by Ordinance 98-6 to be replaced by 3 fractional ownership units. 8. New Business a. Appeal of Carwash Building Permit Extension, Steve Grow, Lot 30, Block 1, Benchmark at Beaver Creek Subdivision, 710 Nottingham Road 10. Other Business 11. Unfinished Business 12. Town Manager Report 13. Town Attorney Report 14. Mayor Report 15. Consent Agenda a. Minutes from November 9, 2004 Meeting 16. Adjournment Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: November 18, 2004 Re: Resolution reappointing Municipal Judge Buck Allen Summary: The Resolution appointing the Municipal Judge complies with the Avon Charter, Chapter 10 Section 2. - "The Council may reappoint the municipal judge for a subsequent term of office which expires on the date of the organizational meeting of the Council after the next general election." The Charter reads that the appointment by the Council is for a specified term of not less than two years. TOWN OF AVON, COLORADO RESOLUTION 04-38 SERIES OF 2004 A RESOLUTION REAPPOINTING C.G. ALLEN, III AS MUNICIPAL JUDGE WHEREAS, C.G. ("Buck") Allen, III was heretofore appointed Municipal Judge of the Town of Avon; and WHEREAS, the aforesaid C.G. Allen, III has served as judge to the satisfaction of the Town Council and it is the desire of the Council that he be reappointed. NOW, THEREFORE, BE IT RESOLVED that C.G. ("Buck") Allen, III is hereby reappointed to serve as Municipal Judge of the Town of Avon for a term expiring on the date of the organizational meeting of the Town Council after the general election to be held in 2006. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 23rd day of November 2004. Mayor ATTEST: Town Clerk Memo To: Honorable Mayor and Town Cou cil Thru: Larry Brooks, Town Manager From: Patty McKennY, Town Clerk Date: November 18, 2004 Re: Resolutions for Outgoing Members Summary: There are three resolutions in appreciation of outgoing Council members, Buz Reynolds, Michael Brown and Peter Buckley. TOWN OF AVON RESOLUTION NO. 04-44 SERIES OF 2004 A RESOLUTION IN APPRECIATION OF ALBERT D. (BUZ) REYNOLDS, JR. WHEREAS, Albert D. Reynolds, Jr. subscribed to the oath of the office in various positions for the Town of Avon; having served as Planning & Zoning Commission member from1983 until 1996, and then elected to serve as Council Member from 1996 until 2000 and then Mayor Pro Tern from 2000 until 2004 and finally Mayor of Avon until November 2004; and WHEREAS, Albert D. Reynolds, Jr. has abided by his oath and has served the Town well through his many hours attending work session, regular meetings, town functions, and special events over a period of 20 years; and WHEREAS, Albert D. Reynolds, Jr., was succeeded in the office on the 23rd day of November, 2004; and WHEREAS, Albert D. Reynolds, Jr.'s commitment to the Town is reflected by his participation in various boards and activities in the Vail Valley over the last 20 years, such as the Upper Eagle Regional Water Authority, valley wide soccer and ski programs, which are essential to the vitality of this community; and WHEREAS, Albert D. Reynolds, Jr. selflessly served the public in an elected position and will always be welcome in the Town of Avon; and WHEREAS, Albert D. Reynolds, Jr.'s presence and contributions to the Council and his input and direction provided on behalf of the citizens of Avon will be missed. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, as follows: 1. The sincere thanks of the Council and the residents of the Town of Avon are extended to Albert D. (Buz) Reynolds, Jr. for his many, many years of service to the Town of Avon. ADOPTED THIS 23rd DAY OF NOVEMBER 2004. TOWN COUNCIL, AVON, COLORADO Mayor ATTEST: Town Clerk TOWN OF AVON RESOLUTION NO. 04-45 SERIES OF 2004 A RESOLUTION IN APPRECIATION OF MICHAEL BROWN WHEREAS, Michael Brown subscribed to the oath of the office of Council Member of the Town of Avon June of 2003; and WHEREAS, Michael Brown has abided by his oath and has served the Town well through his many hours attending work session, regular meetings, town functions, and special events; and WHEREAS, Michael Brown, was succeeded in the office on the 23`d day of November, 2004; and WHEREAS, Michael Brown's commitment to the Town were reflected by his participation in various committees active in the Vail Valley, such as the Vail Valley Chamber & Tourism Bureau, Channel 5 Board of Directors, the Avon Library District, and WHEREAS, Michael Brown's presence and contributions to the Council and his input and direction provided on behalf of the citizens of Avon will be missed. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, as follows: 1. The sincere thanks of the Council and the residents of the Town of Avon are extended to Michael Brown for his years of service to the Town of Avon. ADOPTED THIS 23rd DAY OF NOVEMBER 2004. TOWN COUNCIL, AVON, COLORADO Mayor ATTEST: Town Clerk TOWN OF AVON RESOLUTION NO. 04-47 SERIES OF 2004 A RESOLUTION IN APPRECIATION OF PETER BUCKLEY WHEREAS, Peter Buckley subscribed to the oath of the office of Council Member of the Town of Avon in November 2000; and WHEREAS, Peter Buckley has abided by his oath and has served the Town well through his many hours attending work session, regular meetings, town functions, and special events; and WHEREAS, Peter Buckley, was succeeded in the office on the 23rd day of November, 2004; and WHEREAS, Peter Buckley's commitment to the Town were reflected by his participation in various sub committees of the Town of Avon, especially in the area of marketing; and WHEREAS, Peter Buckley's presence and contributions to the Council and his input and direction provided on behalf of the citizens of Avon will be missed. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, as follows: 1. The sincere thanks of the Council and the residents of the Town of Avon are extended to Peter Buckley for his years of service to the Town of Avon. ADOPTED THIS 23rd DAY OF NOVEMBER 2004. TOWN COUNCIL, AVON, COLORADO Mayor ATTEST: Town Clerk Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Director of Community Development Eric Heidemann, Senior Planner Date November 17, 2004 Re: First Reading of Ordinance 04-20, An Ordinance Amending Lot 1 and 2 Chateau St. Claire PUD Summary The applicant, Parkhill-lvins Architects, representing the owners of the Chateau St. Claire PUD (also known as the Gates on Beaver Creek) is proposing an amendment to the Chateau St. Claire PUD (Ordinance No. 98-6). The proposed amendments to the PUD includes the removal of the 6 deed restricted housing units as required by Ordinance 98-6 to be replaced by 3 fractional ownership units. Furthermore, the applicant agrees to enter into a development agreement with the Town which will include: (1) payment of an in-lieu fee (impact fee) of $100,000 to the Town of Avon's Affordable Housing Program; (2) establishment of a time share amenity fee; and (3) an agreement that should a certificate of occupancy not be issued by the second anniversary of the effective date (2006), the Town will retain a $60,000 cash deposit, the building permit shall be cancelled and no further development shall be permitted under existing approvals (i.e. all approvals will be null and void, including the PUD and the Design Review approvals). In the interest of continuing cooperation between the Town and the applicant, Planning & Zoning Commission recommended approval of the PUD amendment in Resolution 04-26. Consistent with the Planning and Zoning Commission recommendation, staff recommends approval of the PUD amendment of the Lot 1 and 2 Chateau St. Claire PUD with conditions as defined in Ordinance 04-20 and outlined below: 1. The PUD amendment is contingent upon a valid Development Agreement between CSC Land, LLC, and the Town of Avon being approved; 2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by three fractional ownership units; 3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing requirements prior to the issuance of Temporary Certificate of Occupancy; Memo to Town Council, November 23, 2004 Page 1 of 2 Ordinance 04-20, Lot 1 and 2, Chateau St. Claire PUD Amendment 4. Payment of a Time-Share Amenity Fee to offset additional costs for transportation and recreation; 5. Failure to obtain a Certificate of Occupancy within two years of the effective date of the Amending PUD Ordinance shall automatically terminate all permits and no further development shall be permitted under existing approvals. 6. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Recommendations Staff recommends approval of Ordinance 04-20 on first reading. Alternatives 1. Approve on First Reading 2. Table the application Proposed Motion "I move to approve on first reading Ordinance 04-20, approving an Amendment to the Lot 1 and 2 Chateau St. Claire PUD, Town of Avon, Eagle County, Colorado. " Town Manager Comments Attachments: A. Ordinance 04-20 B. Planning and Zoning Commission Staff Report C. Planning and Zoning Commission Resolution 04-26 Memo to Town Council, November 23, 2004 Ordinance 04-20, Lot 1 and 2, Chateau St. Claire PUD Amendment Page 2 of 2 TOWN OF AVON ORDINANCE NO. 04-20 SERIES OF 2004 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE 98-6, AMENDING THE CHATEAU ST. CLAIRE PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS, LOT 1 AND 2, CHATEAU ST. CLAIRE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, CSC Land, has filed an application to amend the existing Planned Unit Development ("PUD") and Development Standards for the proposed Chateau St. Claire development; and WHEREAS, the Town and the Owner have negotiated the terms and conditions of the Development Agreement for Lot 1 and 2, Chateau St. Claire Subdivision and ("Agreement"), which is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on November 16, 2004, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Development Plan amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 04-26; and E\Council\0rdinances\2004\0rd 04-20 Chateau St. Claire PUD Amend.doc 3 WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2004, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the PUD Plan is consistent with the goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Chateau St. Claire PUD Amendment is hereby approved, subject to the following: The PUD amendment is contingent upon a valid Development Agreement between CSC Land, LLC, and the Town of Avon being approved; 2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by three fractional ownership units; 3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing requirements prior to the issuance of Temporary Certificate of Occupancy; 4. Payment of a Time-Share Amenity Fee to offset additional costs for transportation and recreation; 5. Failure to obtain a Certificate of Occupancy within two years of the effective date of the Amending PUD Ordinance shall automatically terminate all permits and no further development shall be permitted under existing approvals. 6. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. F:ACouncil\Ordinances\2604\Ord 04-20 Chateau St. Claire PUD Amend.doc 4 INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of, 2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2004. Town of Avon, Colorado Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney F:ACouncil\Ordinances\2004\Ord 04-20 Chateau St. Claire PUD Aruend.doc e) Exhibit "A" to Ordinance 04-20 DEVELOPMENT AGREEMENT FOR THE GATES ON BEAVER CREEK (formerly Chateau St. Claire) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of , 2004 by and between CSC Land, LLC, a Colorado Limited Liability Company (as more specifically defined below, the "Owner") and the Town of Avon, a municipal corporation of the State of Colorado (the "Town"). RECITALS: A. Owner is a limited liability company, duly organized and in good standing under the laws of the State of Colorado. B. Owner owns a parcel of real property described as Lots 1 and 2, FINAL PLAT OF CHATEAU ST. CLAIR SUBDIVISION - PUD, according to the plat thereof filed June 18, 1987 in Book 729 at Page 742, Eagle County, Colorado (" the Property"). C. By Ordinance No. 98-6, Series of 1998, the PUD Development Plan and Development Standards for the Property were approved, subject to the condition that deed-restricted affordable housing or employee units be included in the development in an amount equal to ten percent of the hotel, residential or timeshare units. D. Building Permit No. C-BP-2002-17, reissued on March 5, 2004 ("the Building Permit"), contained the conditions that 1) a Deed Restriction and Employee Housing Agreement be submitted for approval prior to issuance of a certificate of occupancy and 2) a letter of credit in the amount of $60,000 be retained by the Town until such time as the site is restored to the Town's satisfaction or a certificate of occupancy is issued. E. Owner has deposited cash in the amount of $60,000, in lieu of a letter of credit, which deposit has been accepted and retained by the Town. F. The Town is now willing to delete the affordable housing condition from Ordinance No. 98-6, the PUD Development Plan and Development Standards and from the Building Permit, in exchange for Owner's agreement to certain exactions and other conditions, hereinafter set forth. G. The legislature of the State of Colorado adopted Sections 24-68-101, et seq. Colorado Revised Statutes (the "Vested Property Rights Statute") to provide for the establishment of vested property rights in order to ensure reasonable certainty, stability and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning; said Vested Property Rights Statute authorizes the Town to enter into development agreements with landowners providing for vesting of property development rights. H. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements with landowners and other qualified applicants providing for the vesting of property development rights. AGREEMENT NOW, THEREFORE, in consideration of the premises set forth above, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as follows: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS 1_1 Association. Timeshare ownership association formed to manage the timeshare ownership project located on the Property. 1.2 Effective Date. The effective date of the Town Council Ordinance amending Ordinance No. 98-6, Series of 1998. 1.3 Municipal Code. The Town's Municipal Code, as in effect from time to time. 1.4 PUD. Planned unit development or PUD, as such terms are defined and used in Section 17.20.110 of the Municipal Code. 1.5 Resubdivision Plat. A plat approved by the Town authorizing a resubdivision, condominium resubdivision, planned unit development resubdivision, or time- sharing subdivision consistent with Title 16 of the Municipal Code. 1.6 Certificate of Occupancy. Certification pursuant to the Town's building codes that the premises have been completed and comply with the provisions thereof. 1.7 Time-share owner. A person vested with legal title to a timeshare estate in accordance with Section 38-33-110, Colorado Revised Statutes. 2 S 1_8 Time-share unit. A unit, the title to which is divided into interval estates or time-span estates in accordance with Section 38-33-110, Colorado Revised Statutes. 1.9 Time-share Amenities Fee. A consensual fee intended to mitigate the impact of a time-share subdivision, including the cost of transportation and of recreational facilities. 1.10 Employee Housing Fee. A consensual fee intended to mitigate the impact of a condominium subdivision and associated facilities on employee housing needs. ARTICLE II WAIVER OF CONDITION The affordable housing condition contained in Ordinance No. 98-6, Series of 1998, and the Building Permit shall be deleted by the Town, by adoption of an amending ordinance, such amending ordinance to be effective upon occurrence of the Effective Date and Owner's compliance with the requirements of Article III hereof. ARTICLE III EXACTIONS The following exactions are intended to provide adequate facilities for the public benefit of the Town: 3.1 Timeshare Amenities Fee: Commencing as of the Effective Date and continuing in perpetuity, the Association is obligated to collect from each timeshare owner and remit to the Town a Timeshare Amenities Fee in the amount of $140.10 per fractional interest (defined as a 1 / 10th tenancy-in- common interest or timespan estate in a time-share unit). The Owner is exempt from the obligation for the Timeshare Amenities Fee until the first-time sale of a fractional interest. The provisions for the obligation for each timeshare owner to pay shall be a covenant running with the land and reflected accordingly on the Resubdivision Plat and Association covenants. Prior to the formation of the Association, the Owner shall be obligated to collect and remit any and all Timeshare Amenities Fees. The amount of the semi-annual payments will be calculated according to the following formula: Number of existing or newly deeded timeshare fractional interests per semiannual period (January-June, calculated as of June 1, and July-December calculated as of December 1), multiplied by the 3 q $140.10 fee (or as adjusted by CPI-U, as defined below), , divided by 2. The due dates for the semiannual payment are August 20 and February 20 for the previous semiannual calculation period. On January 1, 2006, and on the first day of each year thereafter, the amount of the fee shall be increased by the prior year average consumer price index for All Urban Consumers for the Denver-Boulder-Greeley metropolitan area as published semiannually and appearing in the January and July issues of the CPI Detailed Report published by the Bureau of Labor Statistics (the "CPI- U" It shall be the duty of the Association to keep and preserve such records as are necessary to determine the amount of fees due hereunder. Such records shall be preserved for a period of three years and shall be open for inspection by representatives of the Town during regular business hours. Prior to the formation of the Association, the Owner shall have the above-referenced obligation to keep and preserve such records. If a remittance to the Town is delinquent, or the remittance is less than the full amount due, the Town shall make a written demand of the amount due and deliver or mail the same to the office of the Association. The amount properly determined to be owing shall be from the due date of the remittance at the rate of one and one-half percent per month until paid. Prior to formation of the Association such written demand will be delivered to the Owner. 3.2 Employee Housing Impact Fee. Owner shall pay to the Town, on or before issuance of a certificate of occupancy, the sum of $100,000 in full satisfaction of the Employee Housing Fee and any other exaction intended to mitigate the impact of the Property and the timeshare ownership project on employee housing needs. ARTICLE IV TERM OF AGREEMENT 4.1 Term of Agreement. Owner and the Town agree that the term of this Agreement and the vested property rights established under this Agreement shall commence on the Effective Date and shall continue, unless sooner terminated pursuant to Article V hereof, until the second anniversary of the Effective Date. If a certificate of occupancy has not been issued by that date, this Agreement shall terminate, the Town shall be entitled to retain the cash deposit in the amount of $60,000, the Building Permit shall be cancelled and no further development shall be permitted under existing approvals. If a certificate of occupancy has been issued by that date, this Agreement shall 4 \a continue in effect until amended or terminated by mutual agreement of the parties. The foregoing notwithstanding, Owner shall maintain an active building permit pursuant to the current provisions of Title 15, Municipal Code, on a schedule that will result in issuance of a certificate of occupancy in accordance with the above provisions. Failure to maintain the permit and schedule will constitute a default under the provisions of this Agreement. 4.2 Return of Deposit. The cash deposit in the amount of $60,000 shall be returned to Owner at the time of issuance of a certificate of occupancy. ARTICLE V DEFAULTS AND REMEDIES 5.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement. 5.2 Default by Owner. A "breach" or "default" by Owner shall be defined as Owner's failure to fulfill or perform any material obligation of Owner contained in this Agreement. 5.3 Notices of Default. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver written notice to the defaulting party of such default, at the address specified in Section 6.8, and the defaulting party shall have thirty (30) days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured within such thirty (30) day period and the defaulting parry gives written notice to the non-defaulting party within such thirty (30) day period that it is actively and diligently pursuing such cure, the defaulting party shall have a reasonable period of time given the nature of the default following the end of such thirty (30) day period to cure such default, provided that such defaulting party is at all times within such additional time period actively and diligently pursuing such cure. 5.4 Remedies. (a) If any default under this Agreement is not cured as described above, the non- defaulting party shall have the right to enforce the defaulting parry's obligation hereunder by an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover damages. Each remedy provided for in this Agreement is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law, in equity or by statute. 5 (b) In the event of default by the Owner prior to issuance of a certificate of occupancy, which default is not cured as described above, this Agreement shall terminate, the Town shall be entitled to retain the cash deposit in the amount of $60,000, the Building Permit shall be cancelled and no further development shall be permitted under existing approvals ARTICLE VI MISCELLANEOUS 6.1 Applicable Law. Agreement shall be constructed and enforced in accordance with the laws of the State of Colorado and the relevant portions of the Municipal Code. 6.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Owner, and nothing contained in this Agreement shall be constructed as making Town and Owner joint venturers or partners. 6.3 Expenses. Owner shall reimburse to the Town the costs and expenses, including attorney's fees associated with the preparation of, implementation of and enforcement of the terms of this Agreement. 6.4 Waiver. No waiver of one or more of the terms of this Agreement shall constitute a waiver of other terms. Nor waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 6.5 Town Findings. The Town hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety, and general welfare of the Town. 6.6 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the party against whom they are being enforced under the facts and circumstances then pertaining. 6.7 Further Assurances. Each party shall execute and deliver to the other all such other further instructions and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges under this Agreement. 6.8 Notices. Any notice or communication required under this Agreement between the Town and Owner must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given 6 \V by registered or certified mail, the same shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated below as the party to whom notices are to be sent, or (ii) five days a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail, if personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided in this Section designate additional persons to whom notices or communications shall be given, and designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to that parties at their addresses set forth below: If to Town: Town of Avon Attn: Town Manager P.O. Box 975 Avon, Colorado 81620 If to Owner: CSC Land, LLC c/o Tim Barton 70 Benchmark Road, Suite 102 P.O. Box 5570 Avon, CO 81620 With Notice to:The Law Offices of Amber L. Severtson, P.C. Attention: Amber L. Severtson 16901 North Dallas Parkway, Suite 103 Addison, Texas 75001 6.9 "Owner" will initially refer to CSC Land, LLC, as well as any entity that subsequently acquires a fee simple interest of record in any portion of the Property as a transferee, grantee, assignee or successor of CSC Land, LLC. Notwithstanding the foregoing, the term "Owner" will not include (1) purchasers of condominium units, timeshare units, fractional interests or any other interest therein, or (2) holders of a security interest in the Property or a portion thereof. Following the Effective Date, upon formation of the Association, issuance of a certificate of occupancy, and payment of the Employee Housing Fee and all Timeshare Amenities Fees then due and payable, the Owner may assign all remaining obligations hereunder to the Association (which shall then be deemed to be the "Owner"). 6.10 Assignments. This Agreement shall be binding upon and except as otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal representatives of the parties hereto. Except as specifically set forth herein, Owner shall have the right to assign, delegate or transfer all or any portion of its interests, rights or obligations under this Agreement to third 7 parties acquiring an interest or estate in the Property, including, but not limited to, time-share owners, purchasers or long term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property. Provided that the Town's approval of the assignee or transferee is first obtained, an assumption or transfer providing for express assumption of any of Owner's obligations under this Agreement by its assignee or transferee shall relieve Owner of any further obligations under this Agreement with respect to the matter so assumed. The Town's approval of any such assignee or transferee shall not be unreasonably withheld or delayed. The Town approves of the assignment to and assumption by the Association of all of Owner's obligations under this Agreement following the Effective Date, upon formation of the Association, issuance of a certificate of occupancy, and payment of the Employee Housing Fee and all Timeshare Amenities Fees then due and payable, and the Owner shall be relieved of all liabilities and obligations hereunder upon recordation of such assignment and assumption. The Town's obligations hereunder may not be assigned or delegated without Owner's written consent, and any attempted assignment or delegation by the Town not in compliance herewith shall be null and void. 6.11 Counterparts. This Agreement shall be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 6.12 Amendments and Waivers. No amendment or waiver of any provision of this Agreement, nor consent to any departure here from, shall in any event be elective unless the same shall be in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. 6.13 No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended or will be construed to confer upon, or give to, any legal person other than the parties, any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the parties will be for the sole and exclusive benefit of the parties. Nothing in this Agreement is intended to interfere with the agreements of the parties with third parties. IN WITNESS WHEREOF, Owner and the Town have executed this Agreement as of the date first written above to take effect as of the Effective Date. TOWN OF AVON, a municipal corporation of the State of Colorado 8 ?4 BY: ATTEST Town Clerk APPROVED AS TO FORM: Town Attorney STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) Mayor Subscribed before me this day of , 2004, by as Mayor and Patty McKenny as Town Clerk of Town of Avon, a municipal corporation of the State of Colorado. My Commission Expires: Notary Public CSC LAND, LLC By: Managing Manager 9 \I-) STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) Subscribed before me this day of , 2004, by Tim Barton, as Managing Manager of CSC Land, LLC, a Colorado limited liability company. My Commission Expires: Notary Public 10 \?p Staff Report PUD Amendment AVON C O L O R A D O November 16, 2004 Planning & Zoning Commission meeting Report date November 10, 2004 Project type Amendment to Chateau St. Claire PUD, "Gates on Beaver Creek" Legal description Lot 1, Chateau St. Claire Subdivision Current zoning PUD Address 38374 Hwy 6 & 24 Introduction The applicant, Parkhill-lvins Architects, representing the owners of the Chateau St. Claire PUD (also known as the Gates on Beaver Creek) is proposing an amendment to the Chateau St. Claire PUD (Ordinance No. 98-6). The proposed amendments to the PUD includes the removal of the 6 deed restricted housing units as required by Ordinance 98-6 to be replaced by 3 fractional ownership units. Furthermore, the applicant agrees to enter into a development agreement with the Town which will include: (1) payment of an in-lieu fee (impact fee) of $100,000 to the Town of Avon's Affordable Housing Program; (2) establishment of a time share amenity fee; and (3) an agreement that should a certificate of occupancy not be issued by the second anniversary of the effective date (2006), the Town will retain a $60,000 cash deposit, the building permit shall be cancelled and no further development shall be permitted under existing approvals (i.e. all approvals will be null and void, including the PUD and the Design Review approvals). These amendment items will be effectuated by a development agreement entered into by the property owner and the Town of Avon. The development agreement is currently being reviewed by the Town Attorney and should be finalized prior to the Council's public hearing. This submittal is also being reviewed in conjunction with a minor modification application for some of the previously approved design features. Background & Discussion The PUD was originally approved September 1996 and later amended in June, 1998. The PUD currently consists of 31 fractional-fee units, 6 employee housing units, 17 whole ownership units, and a total of 4,127 sq. ft. GLFA of commercial space. The applicant is requesting removal of the 6 deed restricted housing units to be replaced by 3 fractional ownership units. The PUD currently contains a condition which states " Deed restricted affordable housing or employee units shall be included in the development in an amount equal to ten percent of the hotel, residential, or timeshare units." The deed restricted units are located on the west end of the first floor. If approved, the total number of units would be reduced from 54 to 49 units. The payment of an in-lieu fee of $100,000 to the Town of Avon Affordable Housing Program is expected to offset the proposed reduction of 6 deed restricted housing units. Based on the draft development agreement, the expectation is that the owner shall pay to the Town, on or before Town of Avon Community Development (970) 745-4030 Fax (970) 949-5749 \1 Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment November 16, 2004 Planning & Zoning Commission meeting Page 2 of 5 issuance of a certificate of occupancy. In addition, the applicant agrees to the establishment of a timeshare amenity fee. The amount of the fee and the fee schedule will be outlined in the development agreement Included in the proposed development agreement is a requirement that should a certificate of occupancy not be issued by the second anniversary of the effective date (2006), the Town will retain the $60,000 cash deposit, the building permit shall be cancelled and no further development shall be permitted under existing approvals (i.e. all approvals will be null and void, including the PUD and the Design Review approvals). Following is a detailed timeline for the activity that has taken place on the Chateau property: February 1996 - Chateau St. Claire LLC petitioned to the Town for annexation and PUD zoning and development plan approval. The proposed project was a 4-story building with 72,000 sq. ft. devoted to office, retail and restaurant. No residential use was included. September 24, 1996 - Council approved the Annexation (Ordinance 96-16) and PUD zoning and Development Plan (Ordinance 96-17) with the condition that the parcel be subdivided into two lots: a 2.42-acre development lot ("Lot 1") and a 3.38-acre Public Open Space lot ("lot 2"). Lot 2 is to be dedicated to the Town. July 1997 - Applicants received a building permit. This permit eventually lapsed due to a lack of progress. August 5, 1998 - Council approved a PUD Amendment (Ordinance 1998-6) allowing for 150 hotel rooms or 110 timeshare units with office, retail, restaurant and service commercial land- uses. The permitted uses were altered with this amendment, not the design of building. September 5, 2000 - Revised Final Design plan was submitted and approved for a 6-story, 118,000 sq. ft. building including 52 condominium units and a restaurant. The condominium units were proposed as a mix of interval ownership, fee simple ownership and employee housing. This revised design submittal is similar in height and massing to the original design approved in 1996. September 26, 2000 - Town issues a grading permit (X-EG2000-2) to clear debris and topsoil from the site. All work pertaining to this permit was completed October 12, 2000. August 2001 - Town issues a foundation, excavation, and retaining wall permit (X-EG2000-3) and retained a surety to ensure restoration of the site pending issuance of a complete building permit. June 2002 - Building permit (C-BP2001-4) is issued. Town expires building permit due to lack of construction activity on the site. The owner/developer is required by the Town to pay half of the building permit fee again to extend the building permit (allowed under the 1997 UBC). December 10, 2002 - The Town issues a new building permit (C-BP2002-17) with specific conditions for construction and development. ¦ Based on this revised permit, owner/developer was required to commence construction no later than May 10, 2003 and pay a recreational amenity fee in the amount of $58,808 Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 S Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment November 16, 2004 Planning & Zoning Commission meeting Page 3 of 5 and a school impact fee in the amount of $11,415.81 for a total of $70,223.81. The Town collected all fees. ¦ Renewal #1 (January 27, 2004): 180 days pending satisfactory funding in place. ¦ August 2004: Town Attorney determines funding in place ¦ August 11, 2004 :Inspection performed on shared and partial footing. Permit will expire in 180 days (February 7th, 2005) with no substantial resumption of activity. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The fundamental reason for having a Comprehensive Plan is to generally communicate where and how land uses may and will occur in the Town. The land use plan is based upon these goals and polices. Implementation is through annexation, subdivision and zoning regulations. This proposed PUD Amendment appears to comply with the following goals and polices of the Town Comprehensive Plan based upon the following: Policy A1.1 Development and redevelopment will be of a scale and intensity appropriate for the neighborhood in which it is located. The proposed Chateau St. Claire PUD amendment will not increase the land use intensity or overall density. In fact, the proposed amendment to the PUD represents a reduction in residential density from 52 units to 49 units. The proposed amendment has no bearing on the scale of the project, based on the prior approvals. Additionally, the net anticipated change in average daily trips (ADT) generated from the site is negligible, and may create a reduction in ADT. Policy C2.1 New development, annexations, and major redevelopment shall include or otherwise provide for affordable housing. The application proposes the removal of 6 deed restricted housing units to be replaced by 3 fractional ownership units. Although this amendment would eliminate all deed-restricted units, the owner has agreed to contribute $100,000 towards the Town's Affordable Housing Program. Policy C2.4 The Town will encourage and, to the extent practical, participate in development of affordable housing. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 1? Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment November 16, 2004 Planning & Zoning Commission meeting Page 4 of 5 The $100,000 contribution to the Town's Affordable Housing Program provides the Town with the flexibility to participate in the development of a broader affordable housing program. 2. Conformity and compliance with the overall design theme of the town, the sub-area design recommendations and design guidelines of the Town. The proposed amendment application has previously been evaluated for conformity to the design guidelines of the Town with the original adoption of the PUD. The proposed changes are internal to the project and will not affect the exterior design. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The proposal appears compatible with the immediate environment, neighborhood, and adjacent properties including the proposed conditions of approval. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The proposed uses appear to provide a compatible and efficient relationship with the surrounding uses and existing residences. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. The application does not appear to negatively affect a known geologic hazard. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The site plan and location of buildings and open space are responsive to natural features of the existing PUD. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The proposed amendment will not affect the anticipated circulation system, creating no change to the access. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The landscaping has been reviewed through the design process when the PUD was originally adopted. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. The phasing plan submitted has been reviewed through the design process when the PUD was originally adopted. 10. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 ,,a Lot 1, Chateau St. Claire Subdivision, "Gates on Beaver Creek" PUD Amendment November 16, 2004 Planning & Zoning Commission meeting Page 5 of 5 The proposed amendment appears to comply with capacities originally contemplated in the first PUD approval. Staff Recommendation Staff recommends approval of Resolution 04-26 as presented with conditions. Recommended Motion "I move to approve Resolution 04-26, recommending to the Town Council to approve the amendment to Chateau St. Claire PUD (Ordinance No. 98-6), Town of Avon, Eagle County, Colorado, as more specifically described in the application dated November 2, 2004 with the following conditions: " 1. Condition #3 from Ordinance 98-6 is deleted upon the approval of the PUD amendment and execution of a development agreement by Town Council. 2. Should a certificate of occupancy not be issued by the second anniversary of the effective date (2006), the Town will retain a $60,000 cash deposit, the building permit shall be cancelled and no further development shall be permitted under existing approvals. If you have any questions regarding this project or any planning matter, please call me at 748- 4000, or stop by the Community Development Department. Respectfully submitted, ric Heidemann Report Attachments: A. Ordinance 98-6 Amendment of PUD (amending ordinance 98-17) B. First Floor Plan Set with 3 interval units. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-26 A RESOLUTION AMENDING THE CHATEAU ST. CLAIRE PUD TO ELIMINATE CONDITION 3 OF ORDINANCE 98-6 WHICH STATES "DEED RESTRICTED AFFORDABLE HOUSING OR EMPLOYEE UNITS SHALL BE INCLUDED IN THE DEVELOPMENT IN AN AMOUNT EQUAL TO 10 PERCENT OF THE HOTEL, RESIDENTIAL, OR TIMESHARE UNITS" AS MORE SPECIFICALLY DESCRIBED IN THE APPLICATION DATED NOVEMBER 1, 2004. WHEREAS, CSC Land, has filed an application to amend the existing Planned Unit Development ("PUD") and Development Standards for the proposed Chateau St. Claire development; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning and Zoning Commission of the Town of Avon were provided as required by law; and W HEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on November 16, 2004 at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Development Plan amendment; and WHEREAS, following such public hearing, the Planning and Zoning Commission forwarded its recommendation for approval on the PUD amendment application to the Town Council of the Town of Avon through Resolution 04-26; and NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends approval to the Town Council for the Chateau St. Claire PUD Amendment dated November , 2004 with the following conditions: F:APlanning & Zoning Commission\Resolutions\2004\Res 04-26 Chateau St. Claire amendment.doc Ia- 1. The PUD amendment is contingent upon a valid Development Agreement between CSC Land, LLC, and the Town of Avon being approved; 2. Eliminate requirement #3 (Ordinance 98-6) for employee housing to be replaced by three fractional ownership units; 3. Payment of a $100,000 fee to the Town of Avon to mitigate Employee Housing requirements prior to the issuance of Temporary Certificate of Occupancy; 4. Payment of a Time-Share Amenity Fee to offset additional costs for transportation and recreation; 5. Failure to obtain a Certificate of Occupancy within two years of the effective date of the Amending PUD Ordinance shall automatically terminate all permits and no further development shall be permitted under existing approvals. 6. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 16th DAY OF NOVEMBER, 2004 Signed: Date: 016 /6 Chris Evans, Chair Attest: Date: %/ 1(o d y Terry Smith, S retary F:APlanning & Zoning Commission\Resolutions\2004\Res 04-26 Chateau St. Claire amendment.doe a? TOWN OF AVON ORDINANCE NO. 98 - 6 SERIES OF 1998 k: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE 96-17, AMENDING THE CHATEAU ST. CLAIRE PUD DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS, LOTS 1 AND 2, CHATEAU ST. CLAIRE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Chateau St. Claire LLC, has filed an application to amend the existing PUD Development Plan and Development Standards for the proposed Chateau St. Claire development; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law, and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed amendment; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded reports and recommendations on the proposed amendment to the Town Council of the Town of Avon; and t WHEREAS, after notices provided by law, this Council held a public hearing on { the 9th day of June 1998 at which time the public was given an opportunity to 7 express their opinions regarding the proposed amendment; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. That the hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. The amended PUD Development Plan and Development Standards are consistent with the Town's Comprehensive Plan. 3. That the proposed uses are compatible with the surrounding area and uses. a 4. Adequate facilities are available to serve development for the project's type and scope. , a \'NTSERVERTILE SERVERWOtINCIL`,ARDINAN019W"-6ch.w.WiaNm+mmW.d. -1 t NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the amendment to the Chateau St. Claire PUD to amend the PUD Development Plan and Development Standards is hereby approved and shall be developed in conformance with the PUD Development Plan attached to this ordinance as Exhibit A and is subject to the following conditions: I . An access easement shall be dedicated prior to issuance of building permit to facilitate shared access between the Chateau St. Claire property and the Folson Tract. 2. Dogs shall not be permitted on the property. 3. Deed restricted affordable housing or employee units shall he included in the development in an amount equal to ten percent of the hotel, residential or timeshare units. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 26 day of May , 1998, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 9 thday or unf998, at 5:30 PM in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council Jack Fawcett, Mayor ATTEST: L, ? o 1 A Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this 9th day of June 1998, Town of Avon, Colorado Town Council Jack Fawcett, Mayor A ST: Melanie Dyck, Aef 'ing Town Kris Nash, Town Clerk APPROVED AS TO FORM: '?NTSERVEWFILE SERVER?COL'WIL[ORDINAW(,]')98v98-kha,c...k1---ddM - 11 • Memo To: Honorable Mayor and Town Council Thin: Larry Brooks, Town Manager From: Tambi Katieb, Community Development Director Norman Wood, Town Engineer Date: November 17, 2004 Re: Appeal of Carwash Building Permit Expiration Background: C O L O R A D O Steve Grow is appealing the expiration of his building permit to construct the Avon Carwash. In correspondence sent to Mr. Grow on October 28, he was advised that per the Avon Municipal Code his permit shall expire on December 10, 2004. Though the Council, acting as the Building Board of Appeals, cannot entertain an appeal of life-safety items required by the building codes, it may entertain an appeal of an administrative provision such as the expiration of a building permit. The original building permit C-BP2003-8 was issued on June 10, 2003. On December 4, 2003, the applicant was granted a 180-day extension of the building permit until June 10, 2004. The applicant was informed that the permit could not be extended again by the Department. The last inspection of this permit was conducted on June 10, 2004 as a site preparation inspection in order to extend the permit for another 180 days. In issuing approval of the temporary surface-grading permit through Resolution 04-19 on June 8, 2004, the applicant was allowed an alternative grading method provided that they submitted revised plans and security deposit of $250,000 prior to availing themselves of this option. The applicant did not follow through with the terms of the temporary grading easement, instead choosing to construct according to plans prepared by their engineer and submitted as part of the building permit. The terms of the building permit and the applicable site excavation plans required slope protection (shot-crete) after a certain amount of excavation on site, and the project was stopped at the point where slope protection was needed. No activity has occurred on site since that time. The correspondence sent to Mr. Grow regarding the expiration of his permit is attached to this memo for reference. His request for appeal, dated November 12, 2004 is also attached to this memo. Avon Carwash Appeal to Town Council November 23, 2004 Regular Council Meeting History: Approvals from Planning and Zoning Commission (P&Z) and Town Council were as follows: • September 4, 2001: Variance for front yard setback approved by P&Z. • September 18, 2001: Special Review Use for Carwash approved by P&Z. ¦ February 26, 2002: Temporary grading easement approved for drainage on Tract B by Town Council/ ¦ March 29, 2002: Sketch Design Approved by P&Z. ¦ May 7, 2002: Final Design Approved by P&Z. ¦ June 10, 2003: Building Permit C-BP200308 issued by Community Development. ¦ December 4, 2003: Building Permit extending another 180 days at request of applicant. ¦ June 10, 2004: Expiration of building permit avoided through site preparation inspection conducted on same day. ¦ Permit will expire on December 10, 2004 without substantial (final footing) inspection approved. No further extension permissible under Administrative provisions of Building Code. Town Manager Comments: Exhibits: A- October 28, 2004 Letter to Steve Grow regarding permit expiration. B- November 12, 2004 Letter from Steve Grow requesting appeal to Town Council. Avon Carwash Appeal to Town Council November 23, 2004 Regular Council Meeting VIA CERTIFIED MAIL 7003 2260 0002 8929 0995 October 28, 2004 Mr. Steve Grow 8 Manette Road Morristown, NJ 07960 RE: Lot 30, Block 1, Benchmark at Beaver Creek Subdivision 710 Nottingham Road / Building Permit Expiration Dear Mr. Grow: This letter is to inform you that your building permit for the carwash is scheduled to expire on December 10, 2004. At that time, all approvals associated with this project will also lapse and void, including the special review use, variance, sketch and final design, and temporary grading easement. Your last inspection was June 10, 2004, and per the requirements of the building permit and the Avon Municipal Code, Chapter 15: 105.5 Expiration. "Every permit issued shall expire and become invalid... if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced." "Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 day period. No permit shall be extended more than once." This permit has already received one extension on December 4, 2003 as allowed by the code. I have no authority to authorize another extension under the Building Code. Likewise, you have failed to meet the terms of your building permit conditions related to site excavation and slope protection or exercise the terms of the Temporary Surface Grading Easement approved by Town Council on June 8, 2004 through Resolution 04-19 (attached). You may only appeal the expiration of your building permit and associated approvals to Town Council (acting as the Board of Appeals) at the last regular Council meeting November 23 2004 prior to your project expiration date. Your written request must be received no later than November 15, 2004 for consideration on that agenda should you choose to appeal. Please contact me if you have any questions at 970.748.4002. Kind Regards, Tambi Katieb, AICP Director of Community Development 3 Att: Resolution 04-19 Cc: Town Manager / Town Council Town Attorney / Town Engineer / Chief Building Official File C-BP2002-8 F:ACorrespondenceAExternal\Building\Code InterpretationT30 BI BMBC CarwashExpires2004.doc 4 1V/ V1/ VV 16:4/ rA.3 VYJ5JUdJZ2 STEVE GROW Q01 Steven M. Grow 8 Manette Rd. Morristown, NJ 07960-6344 973-539-8322 Fax: 973-539-8322 Mobile: 973-216-8312 E-Mail: steyengrow@optonline.net VIA FAX: 970-949-749 Via E-Mall: tkatiebRavon.oIg November 12, 2004 Town Council Town of Avon PO Box 975 Avon, CO 81620 Re: Request for Extension of Building Permit, Block 1, Lot 30, Benchmark at Beavercreek Dear Honorable Mayor and Town Council: In as much as my building permit for the above captioned property expires on December 10, 2004, 1 would to appeal to Town Council for a six-month extension. As many of you are aware, the timing of permits and approvals has been an issue with this project. For the benefit of the new members of the Council and as a possible reminder for the current members, I would like to summarize by way of background information, the process that occurred for the issuance of the variance and building permit on May 3, 2003 and the building permit extension granted on December 4, 2003. i The timing issues actually began on February 3, 2003, with a letter from Ruth Borne to Charles Acevedo of JMP Architects, in which Ruth outlines in the opening sentence "all outstanding items that require resolution prior to issuance of the building permit..." Upon receipt of the letter of February 3Id , we immedlately began to address all the outstanding Issues as she outlined and subsequently submitted responses for staff review. After a conversation with my architect and staff regarding the submissions, we received a letter from Ruth Borne, dated April 24, 2003, in which Ruth again indicated that this letter i "outlined the following comments to finalize aR the outstanding items..." In my letter of April 29, 2003 to Ruth, I indicated my total surprise that additional items 05 10/01/05 11:11 FAX 9115391322 STEVE GROW 0102 'r E Page 2, Con't The Honorable Mayor and Town Council November 12, 2004 appeared on her letter of April 24`n (approximately 2'/ months later) that were not initially addressed in her final requirements letter of February Td. I indicated that the most serious issue was meeting item #4 in a timely manner, which was an engineering design issue. I indicated that we Immediately made the appropriate calls to all the parties involved in this issue, including Norm Wood. Based upon Peter Monroe's conversation (my structural engineer) with Nona Wood, and Norm's indication that soil nailing and a permanent easement would satisfy the Town's requirements, we went ahead and authorized an engineering specialist in this area to design the appropriate solution and submit the required plans. In as much as this was going to be a $180,000 solution, I had a number of conversations with Ruth Borne regarding the proposed permanent easement and her opinion as to the subsequent approval of it by Council. In as much as the Town land in the easement area had no significant future land development potential for the Town, Ruth assured me that approval by Council would not be a problem and be only a procedural issue. Norm was of a similar view as to the future value of the land to the Town. Having met all other conditions, the building permit was issued on May 3, 2003, subject to the approval of the construction detail requested for the north structural wall. Based upon the anticipated approval of this solution and the approval of the permanent easement as was discussed, we totally re-designed the structural plans of the project to take advantage of the new solution, as opposed to using the original design which utilized the rear structural building wall as the retaining wall to support the proposed soil cuts in the land. At the Town Council meeting November 11, 2003, after direct testimony from Staff, Nome Wood, and Larry Brooks, regarding their envisioning no future need or use for the land within the proposed permanent easement area, Council denied the permanent easement, and at the same time denied the solution we and staff in good faith had been working on for the past six months in order to meet Town requirements- This denial was in-spite of the fact that direct testimony was given by knowledgeable and long-time experienced staff members who said there was no real value of the land In as much as the permanent soil nails were as much as 20 feet below grade and there are tower electrical lines adjacent to the property. Needless to say, much to everyone's shock and dismay, including staff, our permanent easement solution was not approved. On December 9t', we appealed the decision, but to no avail, in spite of repeated testimony from staff that the land in question was not needed by the Town. With approximately only one month left before our building permit expired, and not expecting this outcome, nor having enough time to develop an a{temate solution to the issue, I had no alternative but to request a six month extension for the issuance of a building permit. . 10/01/05 18:47 FAX 9735398322 STEVE GROW Q03 Page 3, Con't The Honorable Mayor and Town Council November 12, 2004 On December 15, 2003, William Gray informed me that we had been approved for a six-month extension. Unfortunately, we now had to design another solution Again, after many meetings with staff and review of alternative proposals, we designed what we all thought was a reasonable solution- a permanent easement drainage solution. On May 11, 2004, at the Council Meeting, the permanent easement was proposed. In spite of a memo from Norm Wood to The Mayor and Town Council, dated May 6, 2004, indicating his support for the permanent easement with all the advantages to the Town if approved, unfortunately after much discussion, we were denied. We appealed the decision. On May 2e, Town Council reversed their decision and finally approved the temporary grading and drainage easement subject to certain conditions, based upon the fairness of our original request and the fact that we were requesting what had been granted to others in the past. That was the good news- the bad news was that we only had until June 10th in order to activate our building permit and finalize all the open items before access to the site and commencement of work was granted. On June 9, 2004, we received a letter from Norm Wood authorizing us access to the site for the purpose of site layout and preparation for construction. Fortunately, we were able to satisfy all the Town's concerns and requirements and an initial site preparation inspection was conducted and approved prior to commencing work. We immediately began to excavate the site upon approval. The other relevant issues that occurred during this entire unexpected lengthy approval process was that our time frame for starting the project was dramatically changed and key construction costs of concrete and steel rose dramatically (as much as 40%) during this delay, and the question of timely availability of materials was as much a concern. Because we structurally re-designed the building anticipating the prior permanent easement solution being approved, we again had to structurally re-design the building taking into consideration the most recent easement solution presented and ultimately approved by Council_ In as much as we had to re-design the structural portion of the project for the third time, we immediately began another value engineering study to determine the alternatives to our revised structural designs, not only to determine current costs, but also to determine the availability and timing of delivery of materials, taking into consideration the construction window based upon potential winter conditions. Unfortunately, because of our specific needs for long and large width spans of structural steel, standard lengths and sizes that might be available on relatively short notice, is not an option for us, but must be fabricated, which requires lead times past our building envelope time frame. Additionally, because of the complex foundation design and the need for extensive amounts of concrete throughout and the need to tie into the structural steel, we are not willing to take a chance with unexpected winter weather conditions. 10/01/05 18:47 FAX 9735398322 STEVE GROW IN4 Page 4, Con't The Honorable Mayor and Town Council November 12, 2004 For this reason and a number of other considerations, we have decided not to commence the project until the spring. There is no doubt that the long unexpected delays in the approval process starting early in 2003 has caused the unfortunate delay in the project. In as much as our building permit expires December 10, 2004, we respectfully request a six-month extension of our building permit in order to allow us to move forward with the project. Your cooperation is greatly appreciated. jSi ly, teven M. Grow Cc: John Perkins, JMP Architects TownCouncilBuildingPernnitF_xtension 12-10-04 Iq MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 9, 2004 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:45 PM. A roll call was taken and Council members present were Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes and Ron Wolfe. Mac McDevitt was absent. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community Development Director Tambi Katieb, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs and Public Works / Transit Director Bob Reed as well as members of the press and public. Citizen Input Avon Business Association member and business owner of Beaver Liquors Michelle Courtney informed the council that the quarterly business meeting for the ABA would be held November 10th at 5:30 pm at Fiesta Jalisco and all are invited to attend. Ordinances Finance Director Scott Wright presented Ordinance No. 04-18, Series Of 2004, Second Reading, An Ordinance Authorizing The Issuance Of Town Of Avon, Colorado, General Obligation Refunding Bonds, Series 2004 And Related Supplemental "B" Interest Coupons; Providing The Form, Terms And Conditions Of The Bonds And The Supplemental "B" Interest Coupons, The Manner And Terms Of Issuance, The Manner Of Execution, The Method Of Payment And The Security Therefore; Providing Certain Covenants And Other Details And Making Other Provisions Concerning The Bonds; Ratifying Action Previously Taken And Appertaining Thereto; And Repealing All Ordinances In Conflict Herewith. He presented David Bell with Hanifen Imhoff, the bond-underwriting firm, to answer questions and summarize the transaction. Some discussion ensued about interest rates, the out of pocket costs of the deal, and the public offering statement. Mayor Reynolds opened the public hearing, no comments were made and the public hearing was closed. Councilor D. Buckley moved to approved Ordinance No. 04-18, Series Of 2004, An Ordinance Authorizing The Issuance Of Town Of Avon, Colorado, General Obligation Refunding Bonds, Series 2004 And Related Supplemental "B" Interest Coupons, etc. Councilor Brown seconded the motion and it passed unanimously by those members present (McDevitt absent). Community Development Director Tambi Katieb presented Ordinance No. 04-19, Series of 2004, on Second Reading An Ordinance Amending Title 15, Municipal Code of the Town of Avon, as it relates to Outdoor Lighting Standards. He noted that Council heard the first reading of the Ordinance on May 25, 2004 and again in June and the first meeting in October. He noted that Council Identified the need for increased outdoor lighting regulations at earlier meetings, and this proposed ordinance will address the issues of lighting because of the significant growth and building activity the Town has and continues to experience. He explained the revisions made in this version of the Ordinance before them such as: ? Revise opening statement of Intent and Purpose to include Recital B and the purpose of preventing unnecessary upward lighting. ? Delete the sign lighting restriction entirely. ? Delete the restriction to flashing lights on residential properties, however retaining the time restriction for residential properties only. ? Clarify the partially shielded and clear-glass fixture exemptions. Instead of defining partially shielded, the performance language of a non-compliant fixture was reorganized and clarified. ? Clarify the example lighting diagrams with "yes and "no". ? Add "trees" to the up-lighting provision to clarify the performance requirement. Katieb noted that any further changes suggested tonight would be incorporated into the Ordinance. Councilors Wolfe and Sipes began with some comments including the following regarding the need for some clarification in the violations section, strike the time period for allowing holiday lights, the need for further up lighting clarification, etc. Some discussion ensued about several topics as follows, 1) Clarification of the lighting plan section to not include a plan on single family & duplex applications 2) Clarification in the "violations" section by including "for any single fixture" 3) Removal of the timeframe for the holiday lighting 4) Clarification to include additional performance standards to 15.30.040 #6 5) The possible need to include an appeals process in the violations section 6) How to educate the community regarding this legislation and enforce the ordinance Town Attorney John Dunn noted that this ordinance would be a part of the building code & that does contain already an appeal process. He indicated that once a complaint is received, it is handled in Municipal Court. Mayor Reynolds opened the public hearing and the following people commented. Stuart Borne, Drew Dodd, Janine Glennon, Michelle Courtney. Some of their concerns included: ? Enforcement of the ordinance, how does the town expect to enforce this ordinance? Some discussion ensued about the role of Community Development with enforcement. ? What is the cost benefit of this ordinance? ? Several people requested an increase in the time allowed for implementation, especially the larger residential projects ? Where do interior lights fit into this picture? (It was noted that Vista Restaurant's interior lights of the restaurant are not part of this discussion and that those lights are acceptable according to this ordinance). ? How does the town expect to measure whether or not the lighting has been decreased by the passage of this legislation? It was noted that the Town does have such a tool for measuring light. Several people mentioned that initially they were against this legislation, but had changed their minds to agree with the overall intent of the ordinance. Some final comments were made by Council regarding the timeframe to allow for the implementation of the ordinance. Councilor Sipes moved to approve on second reading Ordinance No. 04-19, Series of 2004, on Second Reading An Ordinance Amending Title 15, Municipal Code of the Town of Avon, as it relates to Outdoor Lighting Standards with amendments to the following sections: • 15.30.020 - add definition of holiday (seasonal) lighting ¦ 15.30.020 - switch captions on the diagrams so it appears on the correct image ¦ 15.30.040 - C) strike times from holiday lighting ¦ 15.30.040 - C), #6, clarify this section per Ron Wolfe's suggestions. Councilor Wolfe seconded the motion and asked that revisions be included to the following sections: 15.30.050 - clarify paragraph so that single family & duplex applications are exempt from submitting lighting plans if the lighting fixtures and locations are reviewed under the Design Review Guidelines (language as submitted by Councilor Sipes) Regular Council Meeting Page 2 of 4 November 9, 2004 ¦ 15.30.060 - Violations - language clarified to include "for any single fixture" Councilor Sipes accepted revisions as suggested by Councilor Wolfe. The motion passed with a four to one roll call vote (P. Buckley - nay; McDevitt absent). Resolutions Finance Director Scott Wright presented the following budget related resolutions: a. Resolution No. 04-40, Series of 2004, A Resolution Amend the 2004 Town of Avon Budget b. Resolution No. 04-41, Series of 2004, A Resolution to Amend the 2004 Town of Avon Capital Projects Fund Budget c. Resolution No. 04-42, Series of 2004, A Resolution to Adopt the 2005 Town of Avon Budget d. Resolution No. 04-43, Series of 2004, A Resolution to Accept the Proposed Town of Avon Long Range Capital Program And Simultaneously Adopt the Year 2005 Capital Projects Fund Budget He summarized some of the highlights including fund balances, revenues and expenditures of certain departments and funds. He noted that two other resolutions would follow in December related to approving the mill levy. Councilor P. Buckley moved to adopt Resolution Nos. 04-40, 04-41, 04-42, and 04-43. Councilor Wolfe seconded the motion and it passed unanimously by those members present (McDevitt absent). New Business Councilor Wolfe read the Veteran's Day Proclamation for the Town of Avon. Town Attorney Report Town Attorney John Dunn presented an update to the Lot 61 litigation noting that it appears a settlement is close. He cited some of the details of what he knew at this time, although he indicated that the Town would not be privy to all of the final details. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Councilor D. Buckley moved to adopt the consent agenda; Councilor Brown seconded the motion and it passed unanimously. a. Approval of the October 26, 2004 Council Meeting Minutes b. Eagle County Regional Transportation Authority Service Agreement c. Resolution No. 04-46, Series of 2004, Resolution approving the Amended Final Plat, The Village at Avon, Filing 1, Town of Avon, Eagle County, Colorado Farewell Comments of Outgoing Council Members Outgoing members Councilor Brown and Mayor Reynolds made some comments about their tenure as public servants and thanked both Council and staff for the time working with them. Mayor Reynolds noted it would be difficult since he has been with the Town of Avon for 21 years. Both congratulated new members coming in. Assistant Town Manager Jacquie Halburnt made some comments to the outgoing members and gave each a gift as a token of the Town's appreciation for their years of service. Town Manager Larry Brooks also noted his appreciation for the years of service both Reynolds & Brown have served. Regular Council Meeting Page 3 of 4 November 9, 2004 There being no further business to come before the Council, the meeting adjourned at 7:10 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting November 9, 2004 Page 4 of 4