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 Café, 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.”

Saturday, April 25, 2009

Ouray Real Estate up for bid

County puts surplus land up for bidding

Written By Patrick Davarn

Posted by: Erin Eddy

www.ourayland.com
www.ridgwayland.com

County commissioners are in the process of offering for sale, to the highest bidder, several parcels of land in Ouray.
The Board of County Commissioners adopted a resolution Monday that declares Lots 3-5, and Lots 20-22, both within Block 1 near and above the intersection of Highway 550 and County Road 361 as surplus. The property will be offered for sale in accordance with the county policy.
County Administrator Connie Hunt described access to the parcels as Òvery verticalÓ and at present of no practical use to the county. Consideration of selling it began when adjacent property owner Bob Smith approached the BOCC last month and asked about a right-of-way easement or if he could buy the property.
HuntÕs follow-up report to the BOCC included a suggestion of declaring the property as surplus as it has Òno efficient or appropriate useÓ and that it not be sold for less than fair market value. An appraiser will be hired and Hunt said the buyer, if any bid is accepted, will reimburse the county for that cost.
During last monthÕs discussion, Commissioner Keith Meinert suggested that the land be put up for bid. On Monday he repeated his assertion that it is not being done specifically for one interested party.
ÒWe are not catering to one individual,Ó said Meinert. ÒAll we are saying is this property is surplus, it doesnÕt fit any county purposes and we are willing to dispose of it.Ó
Meinert said if the county agrees to accept a bid on the property, any development of the parcels must conform with City of Ouray regulations.
Hunt said at the BOCCÕs April 13 meeting that any proceeds from the sale, should the county accept a bid, will be deposited and held in a separate account. She suggested that any such funds be used in the future for capital projects or to have matching funds required for most grants.
BOCC Chairman Heidi Albritton said she liked the idea of a separate account, not placing any such revenues in the General Fund. ÒI suggest we have a discussion on how to earmark these kinds of funds, especially for use in improving our (county) facilities,Ó she said.
Commissioner Lynn Padgett agreed. ÒDay-to-day operations should not be funded by the sale of our assets.Ó
Smith informed county officials that he owns six lots next to those owned by the county and two lots owned by Tom and Cynthia Vallejos, with whom he is seeking access. In a letter to the BOCC he said their intention is to gain access to their land from a site near the Colorado Department of Transportation facility along CR 361.

Friday, April 17, 2009

Ouray Affordable Real Estate

Regional Housing Authority Moves Ahead With Plan
by Gus JarvisApr 15, 2009 | 40 views | 0 | 0 | | Short-Term Solutions Include Home Rehabilitation and Weatherization

OURAY – While there is little question of the need for affordable housing in Ouray County, the actual number of units required to catch up with the region’s current growth, and projected growth, is a moving target. Combine that with the recession and streamlined budgets of local governments and the process of solving the region’s housing problems has been no easy task for the 10-member Regional Housing Authority.

Still, the group of elected and appointed officials from the City of Ouray, Town of Ridgway and Ouray County is three-quarters of the way finished with a housing plan.

Ridgway Town Planner Jen Coates, who sits on the housing authority board, told the Ouray Board of County Commissioners on Monday that even if affordable housing units cannot be funded immediately because of tightened budgets, the housing authority still intends to create an effective and realistic housing plan for the region.

The authority, with the help of consultant Melanie Rees, has been formulating its plan with data from the 2008-completed housing needs assessment. According to that assessment, there is currently a need for 149 units of affordable housing to catch up with current demands. By 2015, the region will need close to 200. The assessment also states that 75 percent of employees who work within Ridgway live outside Ouray County and that housing costs have increased 10 percent a year with real employee wages increasing at a rate of 2.1 percent a year.

With the understanding that those numbers may have changed from the time the assessment was completed in 2008, the housing authority decided to reassess them in formulating the plan.

“In light of the current economy and changes, we thought it would be a good idea to check in to make sure we end up with a realistic and effective plan that we can feel comfortable putting into action,” Coates told the commissioners. She did not go into details on how those housing needs may have changed, but said the housing action plan and final report will be completed by the end of May.

“We know what the need is,” she said, adding that the question the group now faces is “how do we put a plan into place.”

Coates said that the final report will be made up of six components. It will address the 2008 needs assessment as well as the reevaluation and modification of those numbers to coincide with current conditions. The group also looked at housing trends in Ouray County, like second home ownership and the mix of housing types and income targets.

Other components of the plan call for the authority to create housing goals and objectives that outline the actual housing numbers targeted and to decide on priority strategies to solve the housing problem.

“This is, in part, where we are at right now,” Coates said. “What are our catch-up strategies and what are our keep-up strategies? Frankly, the keep-up strategies are easy. The catch-up strategies require funding. We are excited about keep-up but catch-up is going to be tricky.”

For example, Coates said municipalities can enact certain regulations for future developments that would include a certain percentage of affordable housing. These regulations, like inclusionary zoning, once in place, will be the “keep-up” as the region grows.

To play “catch-up” with the region’s housing needs, money is the main factor.

In the short-term, Coates said, one strategy is to look at the existing housing stock and then lower housing costs through house rehabilitation and weatherization programs.

“There is funding out there for those that don’t require a significant amount of cash,” she said. For example, the Youth Corps recently performed energy audits on 25 homes in Ouray County, and in so doing provided energy efficient light bulbs, handed out exterior and interior laundry lines, and installed energy efficient thermostats. The audits were funded through the Governor’s Energy Office and created by Grand Junction-based Housing Resources. Such programs can be used in this belt-tightening economy to lower housing costs and will be a part of the housing authority’s final plan.

Coates said another portion of the plan will outline the methods of implementation, while the final piece of the plan deals with its administration, or the “who is going to do it and what is it going to look like.”

After hearing from Coates, the commissioners generally agreed that the group is moving in the right direction and that collaboration between the City of Ouray, the Town of Ridgway and Ouray County to addrress housing needs remains a priority.

The final housing action plan is scheduled for presentation on May 27 at the Ouray Community Center.

Saturday, April 11, 2009

Geothermal in Ouray

Written by: Beverly Corbell

Posted by: Erin Eddy

www.ourayland.com
www.ridgwayland.com

OURAY — The Ouray City Council took measures at its Monday meeting that will have direct effects on the Ouray Hot Springs Pool: bring more hot water in and keep cold water out.

The council awarded an engineering contract at the meeting to study replacing the Skyrocket Creek diversion, which washed away in 2006, and “in a major flood event” could potentially flood out the pool, said city manager Patrick Rondinelli. The contract was awarded to McMillan Engineering of Ridgway.

A second engineering contract was given to Monadock Mineral Services of Ouray to determine work needed to replace the hot water line from Box Canyon that feeds the Ouray pool.

The current line leaks, Rondinelli said, losing water and heat along the way. The section of line to be replaced runs from Box Canyon to Third Avenue and Oak streets, he said.

“Where the source is, are significant holes in the line from scree debris, and with the river channel, it undercuts the line and (the line) is actually hanging in the air,” he said. “We’re in jeopardy of closing that line, which would have significant impact on the pool.”

Not only will the hot water line be replaced, but other sources of hot water from the many geothermal springs around Ouray will be located, not only for the pool but to increase the likelihood of producing geothermal energy.

Monadock will partner with West Water Engineering to complete the study, Rondinelli said.

“We are really excited to move forward, and in the best-case scenario we hope to have the engineering done by mid-summer and start construction this fall during low river season,” he said. “We still have to go out and get funding for construction and it will probably be next year before the real work is done.”

The Skyrocket diversion project will protect both the pool and U.S. Highway 550 from potential flood damage in case of a major flood event like the flood of 1929. That event “flooded the power plant, took the railroad section house and almost got the depot. Bridges and roads vanished and the Hot Springs Pool filled with mud, rock and debris…,” according to A Brief History of Ouray by historian Doris Gregory.

The Skyrocket diversion has not been replaced since it washed away in 2006, Rondinelli said, and the channel of the creek still wants to run north – to the pool.

“If we do have a significant event, there is nothing to stop it from coming back to its historical drainage, especially if it became plugged,” he said. “Everything would go toward the pool, and we’re just lucky that it hasn’t happened.”

Funding for both engineering studies comes from a $60,000 grant from the state Department of Local Affairs and $40,000 in matching funds from the city, Rondinelli said.

Both projects are vital to Ouray, Rondinelli said. Flooding from Skyrocket Creek could damage the pool in a major flood, he said, and could wash away sections of U.S. Highway 550, the major evacuation route from Ouray to the north.

Keeping the city-owned hot springs pool hot is important because the pool attracts visitors and contributes about $1 million annually to the city’s parks system, Rondinelli said.

“It’s a major tourist attraction, one of the many assets we have along with the beauty of the terrain, the Jeep trails and hiking trails, restaurants and shops, and obviously is a major draw that helps bring people here,” he said.

Saturday, March 21, 2009

Ouray Real Estate Land Use Mining Claims

March 20, 2009
Posted by: Erin Eddy
Written by: Christopher Pike

www.ourayland.com
www.ridgwayland.com

RIDGWAY – A proposed code that determines how and where a home can be built on mining claims is now in the hands of the Ouray County Planning Commission.

The document, "Historic Mining Claims District Overlay," was written by County Attorney Mark Deganhart and delivered Tuesday to planning commissioners and County Planner Mark Castrodale.

If passed, the final version will be incorporated into the Land Use Code.

The Board of County Commissioners opened its March 17 work session by explaining the vision, goals and objectives of the proposed code. Included in the draft's "purpose and intent" is a commitment to preserve the right of underground mining while accommodating residential home construction on mine land parcels. Moreover, the county seeks to "conserve and protect the natural environment and its resources while also recognizing private property rights associated with parcels in the Mining District."

The BOCC stressed there will be limited public services and facilities available to such properties due to extreme alpine terrain, geohazards and harsh climate. In some cases access by emergency vehicle may not be possible.

Provisions in the draft code include limiting road and driveway improvements and maintenance; preserving historic structures and public access to trails; restricting a home and accessory structure as well as septic and other utility systems to the site's activity envelope; and setting guidelines as to design, visual impact, lighting, fire mitigation and small-scale renewable energy systems.

"This addresses upgrading (mine land development) to something beyond what it was historically allowed," said County Commissioner Lynn Padgett.

A committee comprised of representatives from the county, U.S. Forest Service and area recreational groups is developing a map of historic trails and roads. Establishing where these routes cross existing mining claims may affect where homes can be built. "It's a huge can of worms and we're not trying to have the planning commission address that," said BOCC Chairman Heidi Albritton.

P&Z Chairman Ted Collin said, "We have a lot of questions, not many answers. But private property rights are paramount to our western civilization."

The OCPC will hold four work sessions on proposed mine land regulations with a public hearing May 19. The addition to the LUC should be adopted before July 26, the end of a six-month building moratorium on mining claims.