Saturday, May 23, 2009

Ouray real estate future encroachment isses

Council Ponders Permits for Use of Sidewalks

Written by Gus Jarvis

Posted by Erin Eddy

www.ourayland.com
www.ridgwayland.com



SIDEWALK USE – Town staff has been directed by the Ridgway Town Council to come up with permitting standards for the use of public sidewalks for patio seating. (Photo by Cecily Bryson)
slideshow Affects Businesses With Patio Seating for Patrons

RIDGWAY – A simple request to transfer a liquor license sparked a lengthy discussion of outdoor seating in public rights-of-way at the Ridgway Town Council Wednesday.

A number of businesses in town already have small patio tables on adjacent sidewalks, but the process for allowing such seating has largely gone unnoticed, until now. Council was asked to approve the transfer of a liquor license to Randy Gregory, who runs Randy’s Independence CafĂ©, and included in that request was the use of the sidewalk that runs parallel to Clinton Street.

Council granted the transfer request, but without the sidewalk provision – a situation they deemed needed further review, as the scenario will likely come before them again. Town Clerk Pam Kraft told council the owners of the Colorado Boy brewery, located on Clinton and Cora streets, will also soon be requesting the use of its adjacent sidewalks for patio seating.

At the center of Wednesday’s discussion was whether or not patio seating on the public right-of-way for restaurants and bars should be included in the actual licensing process or if it should be a part of a separate permitting process.

“I would be OK with it essentially being a permit,” Mayor Pat Willits said, adding that if the use includes the consumption of alcohol “it does deserve the opportunity for the public to comment.”

Most councilmembers and town staff agreed that a permitting process would be the best way to control individual situations, but left undecided how far the permitting process should reach. Should every business in town that has a table in the right-of-way be required to hold a permit? How does the consumption of alcohol change a particular permit? And is a measured encroachment onto a sidewalk allowable at a certain distance for all establishments?

According to the Ridgway Municipal Code, the use of sidewalks can be approved by town council as long as it does not obstruct or construct any other improvement or impede or obstruct normal pedestrian traffic. Furthermore, the code states: “Public and private uses of the public rights-of-way for location of equipment employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the Town must insure that the primary purpose of the right-of-way, passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible.” It goes on to state that a permit is not required for minor encroaching structures, such as tables and chairs, authorized by council approval.

Still, Town Attorney John Kappa said on Wednesday that a permit would help the town keep control of any encroachments.

“The business of encroaching upon and using rights-of-way is very difficult to treat consistently,” Kappa said.

Council agreed, at least informally, that businesses would need to apply for a special use permit to use sidewalks for business purposes. The details of those permits are to be worked out by town staff in the coming weeks.

“What we are asking is for a special use permit and for you guys to come back with the standards,” Willits told staff to close the discussion.

Thursday, May 14, 2009

Ouray Homerule

Home Rule gains election victory

Posted by Erin Eddy

www.ourayland.com
www.ridgwayland.com

Voters endorse Charter

Plaindealer staff report

Voters in Ouray approved converting municipal government structure to Home Rule on Tuesday by an overwhelming margin of 165-58.
"I regret not being in town for the election but am delighted with the results. The solid support is an indicator of the trust and confidence the community has in the team that put the Charter together. Thank you and congratulations to all of you," said Mayor Bob Risch.
City Administrator Patrick Rondinelli expressed thanks to everyone for their hard work, dedication, and support. Rondinelli noted that Ouray becomes the state’s 99th Home Rule municipality.
Tuesday’s voting tally was 91 in favor to 33 against in Ward 1, east of Main Street, and 74 to 25 in Ward 2, west of Main. Under the approved Home Rule Charter, council members will no longer be elected to represent a ward.
The May 5 election follows the process of establishing home rule in Ouray, which began last November when city voters approved a home rule ballot question by a margin of 392 ballots in favor to 235 against.
That referendum also determined the election of nine candidates to the Charter Commission: Pam Larson, who served as chairman, Matt Genuit, Mike Fedel, Rick Spaulding, Dee Williams, Betty Wolfe, Joe Kersen, Lora Slawitschka and Gary Hansen.
“This is truly a celebratory and historic day for the City of Ouray, its citizens, and the community as a whole,” said Genuit. “The most sincere gratitude and accolades to everyone who was a part of this process. I am proud to have contributed to it. Congratulations to the home rule municipality of Ouray.”
Home rule, in its simplest terms, allows the City of Ouray and its citizenship to self-govern and be free of state-enabled legislation.
The Charter sets forth the form of government under the direction of City Council and City Administrator. The administrator is accountable to the council and responsible for the effect and enforcement of any and all regular city business.
As it is now, the City Council will consist of five members, including the mayor, and will be elected at-large without term limits. All current ordinances, referendums, contracts and initiatives remain in effect.
Also as before, any changes in city tax rates must go to the vote of the citizens of Ouray and a vote will still be required even if TABOR is changed or overturned.
The Charter is made up of 12 articles: General Provisions; City Council; Council Procedures; Elections; Administration; Initiatives and Referendums; Municipal Court; Utilities, Franchises and City Property; Finance; Borrowing; Improvement Districts, Authorities, and Assessments; and Effective Date and Transitions Provisions. A copy is available at the city website (www.ci.ouray.co.us).
Ten years ago, Ouray voters declined a home rule measure, 191-154, on the 1998 ballot. In 2001, voters rejected home rule for Ouray County, 780-731. Ridgway converted to home rule in 1993. Other neighboring municipalities operating under Home Rule Charters include Montrose, Delta and Telluride.

Saturday, May 2, 2009

Ouray Real Estate Values

Written by: Beverly Corbell - Ouray County Watch

Posted by: Erin Eddy

County assessor offices make valuations of property every two years, Griffith said, and many property owners expected to see their property values going lower than they were in 2007.

But that’s not the reality, she said.

“The perception of property owners, especially those who have had their property on the market for a length of time, is that values are dropping,” Griffith said in a news release. “However, in general, that is not the case. The assessors’ values are not based on the number of sales but on the prices of the properties that have sold.”

Actual values of properties are determined “after careful analysis” of sales prior to June 30, 2008, and the value becomes the basis for property taxes, Griffith said.

“To derive the property tax, the actual value of the property is multiplied by the assessment rate,” she said. “This result is then multiplied by the total mil levy specific to each property.”

The data that revealed the Western Slope is “bucking the trend” nationally was the result of several weeks of collaboration to identify trends in valuations for the region, with a lot of help from Montrose County Assessor Brad Hughes and Ouray County Assessor Susie Mayfield, Griffith said. Also helping compile data were the county assessors from the counties of Moffatt, Routt, Rio Blanco, Garfield, Eagle, Mesa, Pitkin, Delta, Gunnison, San Miguel, San Juan, Montezuma, and La Plata.

The collaboration was a first for the 16 counties, Griffith said.

“We actually started working on the project in January, and this is the first time we all came together with a press release, but we all wanted to get this information out,” she said.

Just what the future holds as far as valuations are concerned is anybody’s guess, Mayfield said.

The next valuation period, in 2011, will depend on sales from January of this year through June of 2010, she said.

“It’s hard to say what 2011 will bring,” she said. “We haven’t gotten to the normal real estate market time – summertime – and it’s hard to say what the economy will do and what people will be able to pay for a home or land.”