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Minturn Town Council September 20, 2017
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Agenda
MEETING OF THE MINTURN TOWN COUNCIL
Minturn Town Center, 302 Pine Street
Minturn, CO 81645 • (970) 827-5645
Wednesday September 20, 2017
Work Session – 5:00pm
Regular Session – 6:30pm
When addressing the Council, please state your name and your address for the record prior to providing your
comments. Please address the Council as a whole through the Mayor. All supporting documents are available for
public review in the Town Offices – located at 302 Pine Street, Minturn CO 81645 – during regular business hours
between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
Work Session – 5:00pm
• Ballot Question 1A Review – Metteer
• Goal Setting discussion – Metteer
Regular Session – 6:30pm
1. Call to Order
• Roll Call
• Pledge of Allegiance
2. Approval of Agenda
• Items to be Pulled or Added
3. Approval of Minutes
• September 6, 2017
MAYOR – Matt Scherr
MAYOR PRO TEM – Earle Bidez
COUNCIL MEMBERS:
Terry Armistead
Sidney Harrington
Kristina Krone
Sage Pierson
John Widerman
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Minturn Town Council September 20, 2017
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4. Public comments on items, which are NOT on the agenda (5-minute time limit per
person)
5. Special Presentations
• Committee Reports
• Council Comments
6. Liquor Authority
• Minturn Community Fund request for consideration of a Special Event Permit
Event Date September 29, 2017; 801 Cemetery Rd.; Jeff Armistead Event
Manager – Brunvand
• Shop & Hop #12 renewal a 3.2% Beer Off Premises Liquor license; 401 Main
St.; Terry Marcum, Owner/Manager – Brunvand
__________________________
7. Discussion/Action Item: Consideration of Ordinance 09 – 2017 (First Reading) an
Ordinance vacating a portion of Eagle Street Right of Way located at 102 Main St –
Hawkinson
8. Discussion/Action Item: 100 Block Parking Review – Hawkinson/Metteer
9. Town Planner (5min)
• Annexation - Title work on town properties: Planner, Engineer & Attorney
working on project
• Begin zoning maps & Chapter 16 code re-write
• Completion of 5 administrative subdivision plats: Planner, Engineer, Attorney
• Three Land Use Design Reviews
• Battle Mtn Committee – Diagrams
• Parking Plan Diagrams
• Colorado Dept of Oil & Gas Remediation Report
• CDOT Highway 24 Right of Ways support
• Speed Limits on Highway 24: CDOT, Deputy Kusack, Planning Dept.
10. Town Manager (5min)
11. Assistant Town Manager (5min)
• Staff Report
PUBLIC HEARINGS, DISCUSSION, AND ACTION ITEMS
FUTURE AGENDA ITEMS
COUNCIL AND STAFF REPORTS
FUTURE AGENDA ITEMS
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Minturn Town Council September 20, 2017
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12. Executive Session – An Executive Session for the purpose of determining positions
relative to matters that may be subject to negotiations, receive legal advice on the
topic, and instructing negotiators under C.R.S. Section 24-6-402(4)(e) – Battle
Mountain Resort
13. Next Meeting – October 4, 2017
• Council motion to formally accept the FY2018 Preliminary Budget – Brunvand
• Special Presentation: Dylan Roberts, Candidate for Colorado State House-10/4/17
14. Future Meetings:
• Work Session on housing – Hawkinson
• Snow plow & mag chloride debriefing
• Holy Cross power line update
• Special Presentation: Cady Dawson, ECO Transit Study-10/18/17
15. Set Future Meeting Dates
a) Council Meetings:
• October 4, 2017
• October 18, 2017
• November 1, 2017
16. Other Dates:
17. Adjournment
18. Reconvene in Worksession
• Goal Setting discussion – Metteer
FUTURE AGENDA ITEMS
EXECUTIVE SESSION
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WORK SESSION ITEM COVER SHEET
AGENDA TITLE: Ballot Question 1A
MEETING DATE: Sept 20, 2017
PRESENTER: Metteer / Scherr
BACKGROUND:
During the most recent Mayors/Managers meeting the County provided an update of ballot question 1A. Additional information is included in the packet for your review. Mayor Scherr would like feedback from Council regarding the level of interest in supporting this ballot question by resolution and if Council would like to see such a resolution on an upcoming agenda.
CORE ISSUES:
Asking for guidance regarding the addition of this topic to a future agenda.
STAFF RECOMMENDATION/MOTION: Provide direction
Town Council Mayor – Matt Scherr
Mayor Pro Tem – Earle Bidez Terry Armistead
Sidney Harrington Kristina Krone Sage Pierson
John Widerman
Michelle Metteer Asst Town Manager
P.O. Box 309 302 Pine St Minturn, CO 81645
www.gominturn.com
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Ballot Issue 1A
Eagle County has a historical and persistent problem of having no facilities or county funding for mental health or substance abuse issues - something that affects one in four people in a given year.
This means Eagle County residents must travel to Grand Junction or Denver to receive facility-based care.
The growth of the marijuana industry has created an opportunity to help resolve these funding and treatment challenges.
The county will be asking voters this November if they are willing to approve sales and excise taxes on the sale and production of marijuana. At present there is no county tax on recreational marijuana transactions. Medical marijuana will not be subject to this tax, nor will personal or private grows not intended for retail sales.
The $1.2 million from the tax is specifically earmarked for mental health and substance abuse services in integrated behavioral health facilities both in Edwards and Basalt. The funds will not be used to build facilities, rather they will to be used to operate mental health walk-in clinics, respite care, crisis stabilization and social detox units.
In Edwards, the integrated walk-in clinic, respite care beds, crisis stabilization and social detox units will be co-located within the Mountain Family Health Centers future facility.
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In the Basalt area, in addition to partnering with Mountain Family Health Centers, we will work with Aspen Valley Hospital, Mind Springs Health, Pitkin County and other partners serving the Roaring Fork Valley to address gaps in the existing mental health system in that region.
Expenditure of the anticipated $1.2 million will be spent following the guidance of a community advisory board consisting of experts in behavioral health services.
If and when there are additional funds exceeding the $1.2 million in future years, they will be used to address community needs as identified at that time.
If marijuana sales and production track with existing county sales tax revenue, approximately 60 percent of the taxes generated will be derived from visitors to Eagle County.
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About Ballot Issue 1A Fact Resource Sheet
Background:
Key Facts and Talking Points:
Background:
Recreational Marijuana Sale and Excise Tax, Eagle County Ballot 2017
We anticipate placing a proposal for taxing both recreational sales and the growing of recreational marijuana before voters in November
The proposal will not not tax medical marijuana or personal/private grows that are not intended for retail sales.
The expected 2.5% retail tax will be applied to all recreational sales dispensaries in Eagle County and a 2.5% excise tax on all recreational marijuana grown in Eagle County.
The marijuana industry in Eagle County supports this tax and wants the money to be used for activities that will have a positive impact on the community and address current needs.
It is estimated that this tax will generate near $1 million the first year and it is expected to increase as the marijuana industry grows and increases plant counts.
The first $1.2 million of revenue generated from this tax each year, will be used to support mental health programs. These dollars will only be spent following a recommendation from a community advisory board consisting of those with an expertise in behavioral health services; Any excess will be reinvested into the community.
Below is a list of key points and resources for all partners to use in the coming weeks.
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Key Facts:
Source: National Alliance on Mental Illness Adults
● 1 in 4 adults experience a mental health or addiction crisis in a given year● 18% of adults live with anxiety disorders● 60% with a mental illness don’t receive treatment
Children● 20% of 13-18 yr olds live with a mental health condition● 50% of all lifetime cases of mental illness begin by age 14● 75% before age 24● 37% students with mental health conditions dropout of high school- highest rate of any
disability group.● 50% of youth ages 8-15 don’t receive treatment
Mental Health in Eagle County
● The societal stigma attached to mental illness is so pervasive that people with mentalillness wait an average of 10 years to seek treatment.
○ For the many of people the exposure to any treatment or care for a mental healthillness is in prison.
○ The options available in Eagle County■ send individuals experiencing a mental health or substance abuse crisis to
the ER;■ transported either to Frisco or Grand Junction.■ Call Mindsprings for a mobile response. From there, the person may be
sent to an ER, Frisco or Grand Junction detox, or psych hospital in GrandJunction or in Denver.
● First responder ranks here become diluted when transporting individuals with mentalhealth issues out of county.
● No county dollars are now allocated to mental health treatment or mental health illnessprevention in Eagle County.
● Although there are several counseling centers and multiple private practice counselorsproviding outpatient therapy for substance abuse and addiction in Eagle County, very fewof them accept Medicare, Medicaid, have a sliding-scale fee structure, or provide charity
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care (Source: Keystone Policy Center - Bridging the Divide: Addressing Colorado’s Substance Use Disorder Needs, February 2017):
● Our children who should be getting more mental health services in schools now have less. Free counseling services are no longer provided.
● Mountain Family Health Centers in Edwards, Basalt and Avon (school-based health center) provide integrated medical and behavioral health care services to more than 6,500 low-income individuals and families, however MFHC is not currently positioned to provide crisis, substance abuse, or psychiatric services.
Suicide in mountain towns Eagle County, 2017:
● We have had 9-10 individuals commit suicide this year (as of July), and about to exceed the record for previous recent recorded years.
● State average, 19.4 per 100,000,(2014). Eagle County has reached this average and it's only Sept (mountain communities tend to have high rates). For contrast, Denver County was 15.2 per 100,00 in 2015. Source: Eagle County Coroner
Source: Healthy Kids Colorado Survey - Eagle County results (2015) Grades 9-12:
● Felt sad or hopeless for 2 weeks or more: 23.9% ● Seriously considered attempting suicide: 15.1% ● Made a suicide plan: 12.9% ● Attempted suicide: 7.9%
Grades 7 & 8: There is more concern with 7th and 8th graders because every single indicator has continued to move in a negative direction from 2011.
● Felt sad or hopeless for 2 weeks or more: 24.6% → up from 18.8% in 2011
● Seriously considered attempting suicide: 16.8% → up from 8.7% in 2011
● Made a suicide plan: 12.6% → increased from 4.8% in 2011
● Attempted suicide: 6.5% → increased from 5% in 2011
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FAQs on Eagle County's Marijuana tax
What is being proposed?
A- Eagle County is seeking approval by voters in November for sales and excisetaxes on the sale of recreational marijuana products.At present the county does not tax these products. The money will largely be usedfor creating mental health and substance abuse programs and staffing facilities.
Will medical marijuana be taxed?
A-No. Only recreational marijuana and marijuana products that will be sold will besubject to the taxes. Medical marijuana products will not be part of this tax.
How much money will the new taxes raise?
A-It is estimate the taxes will generate between $1 million and $2 million once theyreach the phased in tax rate of 5 percent. How much will be contingent on growth ofthe local marijuana business. It is anticipated it may take several years to reach thisthreshold.
How much of the money will be dedicated to mental health and substance abuse?
A-The county is dedicating $1.2 million per year to mental health and substanceabuse following the guidance of a community advisory board consisting of expertsin behavioral health services.
In Edwards an integrated walk-in clinic, respite care beds, crisis stabilization and social detox units will be co-located within the Mountain Family Health Centers future facility.
What will be done in the Roaring Fork Valley area? A-In the Basalt area in addition to partnering with Mountain Family Health Centerswe will work with Aspen Valley Hospital, Mind Springs Health, Pitkin County andother partners serving the Roaring Fork Valley to address gaps in the existingmental health system in that region.
What will the county do with the money it raises in excess of the $1.2 million?
A-If and when there are additional funds exceeding the $1.2 million they will beused to benefit community services, based on community needs and guidance fromthe commissioners on how best to utilize those funds.
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How to help Vote for Mental Health-It's easy!
• Be a leader in your neighborhood and talk with your neighbors and friends andencourage them to vote
• Put up and distribute yard signs in your neighborhood and elsewhere demonstratingyour support
• Distribute campaign door hangers
• Be a local organizer in your area of the Eagle and Roaring Fork River valleys
• Write postcards to your friends and neighbors soliciting their support- We will supplypostcards and postage.
• Reach out through social media
• Make phone calls
• Write a letter to the editor of the Vail Daily or the Post Independent
• Donate- it cost money to advertise and mail things. Mail checks to: Vote For MentalHealth, 2001 Crazy Horse Cir. Edwards, CO 81632
• Ask members of your church to become involved
• Attend events and distribute information: HOA meetings, Chamber of Commerce,Rotary, Business groups
• Help register people to vote: it's online:http://www.eaglecounty.us/Clerk/Voting_and_Elections/Voter_Registration/
• VOTE! Ballots will be mailed Oct. 16 and the election results will be tabulated Nov. 7
Email: [email protected] or call 970-376-2562
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ALL COUNCIL MEMBERS PLEASE COME TO THE WORK SESSION AT 5:00 PM WITH YOUR TOP 5 PRIORITIES/GOALS FOR THE TOWN.
9/20 Work Session | Council Process and Goal Setting
1. Review the current process2. Determine process sufficiency and recommended changes3. Review goals/priorities from 2016 Council Retreat (included)4. Review achievements and shortfalls5. Revise goals/priorities as determined by Council6. Review relationship to budget
Draft Process for Council review and feedback:
Purposeo Establish goals & priorities (& timeline) from current council to provide continual
guidance for staff Goal-Setting Session
o post-election, once all seats are filled Review previous goals & priorities and status of all Offer other possibilities Decide as council new goals/priorities Determine review schedule
o April of non-election year (though we may decide a work session is fine if we areregularly reviewing goals)
Review/Reviseo Every three months at work session
State of Minturn?o Annually Feb/March?
Michelle Metteer, CMC Asst. Town Manager
P.O. Box 309 302 Pine Street Minturn, CO 81645
970-827-5645 [email protected]
www.gominturn.com www.minturn.org
Town Council Mayor – Matt Scherr
Mayor Pro Tem – Earle Bidez Council Members: Terry Armistead
Sidney Harrington Kristina Krone Sage Pierson
John Widerman
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Minturn Town Council September 6, 2017
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Official Minutes
MEETING OF THE MINTURN TOWN COUNCIL
Minturn Town Center, 302 Pine Street
Minturn, CO 81645 • (970) 827-5645
Wednesday September 6, 2017
Work Session – 5:30pm
Regular Session – 6:30pm
These minutes are formally submitted to the Town of Minturn Town Council for approval as the official written
record of the proceedings at the identified Council Meeting. Additionally, all Council meetings are tape-recorded
and are available to the public for listening at the Town Center Offices from 8:30am – 2:00 pm, Monday through
Friday, by contacting the Town Clerk at 970/827-5645 302 Pine St. Minturn, CO 81645.
Work Session – 5:30pm
• Variance Site Visit: 1012 Main St – Hawkinson
**Meet at Town Hall and carpool to site
Regular Session – 6:30pm
1. Call to Order
Mayor Matt Scherr called the meeting to order at 6:35pm
• Roll Call
Those present included: Mayor Matt Scherr, Town Council members Kristina Krone, Terry
Armistead, Sage Pierson, and John Widerman. Note: Earle Bidez and Sidney Harrington were
excused absent.
MAYOR – Matt Scherr
MAYOR PRO TEM – Earle Bidez
COUNCIL MEMBERS:
Terry Armistead
Sidney Harrington
Kristina Krone
Sage Pierson
John Widerman
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Minturn Town Council September 6, 2017
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Staff present: Assistant Town Manager/Econ Dev Michelle Metteer, Town Planner Janet
Hawkinson, Town Attorney Michael Sawyer, and Town Treasurer/Clerk Jay Brunvand
• Pledge of Allegiance
2. Approval of Agenda
• Items to be Pulled or Added
Motion by Terry A., second by Sage P., to approve the agenda as amended. Motion passed 5-0.
Note: Earle Bidez and Sidney Harrington were excused absent.
3. Approval of Minutes
• August 16, 2017
Changes:OU JOHN WILL ADVISE
Motion by John W., second by Sage P., to approve the Minutes of August 16, 2017 as amended.
Motion passed 5-0. Note: Earle Bidez and Sidney Harrington were excused absent.
4. Public comments on items, which are NOT on the agenda (5-minute time limit per
person)
5. Special Presentations
• Vail Valley Partnership – Erik Williams – Metteer
Mr. Erik Williams provided an update on the Partnership’s efforts launch of the
CareerWiseapprenticeship initiative designed to positively address our community workforce
needs. This program is offered through the public schools and provides a variety of options,
including continuing to a 4-year school, entering the workforce, or seeking specialized training.
Sage P. asked regarding how this might affect the students’ formal education. It is a part of their
school education. They work two days during the school year, and all summer. She spoke highly
of the program.
Kristina K. asked is this through all the schools or just the public high schools. It is only offered
in the public high schools, but it is planned to be available to VVSA and the Christian School.
• Committee Reports
John W. updated on the Climate Action group and how the plan is being formulated. The costs to
the Town are being developed but initially they are reasonably low. He noted grants will be
available on an economical as need basis.
John W. updated on the Eagle Mine committee. The letter approved at the last council meeting
was submitted. Information can be found on the Town website.
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Minturn Town Council September 6, 2017
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John W. updated on the Partners in Energy program. The plan is being developed with Xcel and
will be Minturn branded.
Matt S. and Michelle M. updated on the EDAC Committee programs such as the Live in Minturn
concern series. This live entertainment series will be held at the various restaurants in town
during the off season.
• Council Comments
John W. reminded of the ECO Transit survey that is being circulated. He also said ECO Transit
will be at a future Council meeting to update on what might be happening for the winter
schedule.
6. Discussion/Action Item: Consideration of Resolution 18 – Series 2017 a
Resolution authorizing the Town of Minturn to join the Compact of Colorado
Communities – Metteer
John W. updated on the compact. He stated it is a local level for the state-wide program. John W.
stated the town will have access to a pool of grant money and educational tools in an effort to
allow staff and council members to specialized training and input. John W. outlined the various
costs and trainings associated with the Compact which will providing training and tech support
to member communities in developing and delivering community improvement programs
Matt S. felt the program was very worthwhile but felt the fee might be steep for a very small
town such as Minturn. John W. felt although the initial fee is $800 he felt it would be worth the
value. The request is to commit and implement now but it would be a 2018 budget item.
Mr. Michael Cacioppo, Business Brief’s newspaper, asked if we would be obligating taxpayer
money to a mandate that can only make a difference by being a large organization or
municipality? He questioned if this would truly and positively affect the taxpayers of Minturn;
what are the costs to the community by adopting this program. John W. replied the costs thus far
have been zero, but future costs could be mitigated with grants.
John W. stated he felt the item should be tabled until such time as he can go back to the
commission with the questions asked and return with answers.
Motion by Terry A., second by Sage P., to table until such time as cost questions could be
addressed with the organization Resolution 18 – Series 2017 a Resolution authorizing the Town
of Minturn to join the Compact of Colorado Communities as presented. Motion passed 4-1 (John
W. Nay). Note: Earle Bidez and Sidney Harrington were excused absent.
7. Discussion/Action Item: Consideration of Resolution 19 - Series 2017 A
Variance application at 1012 Main St. – Hawkinson
PUBLIC HEARINGS, DISCUSSION, AND ACTION ITEMS
FUTURE AGENDA ITEMS
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Minturn Town Council September 6, 2017
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Janet H. presented for the Town. This has been approved by the Planning Commission
addressing the design review and the Variance application. Janet H. reviewed the Variance
Application requirements and stated it does comply with the Municipal Code and qualifies
for the variance.
Janet H. stated the design and the Variance meet the standards of the code and was approved
unanimously by the Planning Commission with the condition that the building permit is not
to be issued to the applicant until the Amended Final Plat vacating the lot line and Parcel C is
recorded with the Eagle County Clerk and Recorders office.
Mr. Brian Sipes, Sipes Architects, spoke for the applicant. He outlined the project and noted
due to the narrowness of the lot between the road and the building envelop, they are affected
by the total imperviousness on the lot creates a hardship and thus the requirement for the
variance.
Matt S. noted although it was a complete presentation, Council is only to consider the
Variance Application and the merits thereof.
Mr. Garth Koellhoffer, owner of 1010 Main, spoke against the application. He felt that the
driveway was too long, too steep (greater than 8%), did not conform to emergency access,
and would require a specific variance alone to address those concerns. He felt many items
were overlooked.
Matt S. reminded that some items are approved at staff and Planning Commission such as the
abandonment of the lot line, and are not part of this variance application consideration.
Ms. Rachel Sererdahl, 1012 Main St owner, spoke in favor of the application.
Terry A. asked about the grade of the driveway. Janet H. stated the driveway is limited by
existing conditions (nonconforming use), based on the size of the improvements the owner is
not required to mitigate all other nonconforming uses including the driveway grade. Further,
due to the grade change from the street, to mitigate the driveway would render the lot
unbuildable.
Motion by Terry A., second by Kristina K., to approve Resolution 19 - Series 2017 A Variance
application at 1012 Main St. as presented. Motion passed 4-1 (Note: Sage P. voted Nay). Note:
Earle Bidez and Sidney Harrington were excused absent.
• Condition: A building permit is not to be issued to the applicant until the
Amended Final Plat vacating the lot line and Parcel C is recorded with the
Eagle County Clerk and Recorders office
8. Discussion/Action Item: Consideration of Resolution 20 – Series 2017 A
Resolution authorizing the Mayor to sign a Memo of Understanding with Darin
L. Tucholke regarding the North Minturn State Land Board Parcel - Metteer
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Minturn Town Council September 6, 2017
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Michelle M. noted this was discussed by Willy P. at the previous meeting. She referred questions
to Michael S. as he was familiar with it. Michael S. stated this property owner desires to annex
the property into the town and will allow the town an easement for a bike path. Michelle M.
confirmed that Eagle Trails is aware of the option and supports the MOU and it is one of their
potential trail alinement options that have been presented. Matt’s concern was that he wanted to
ensure that if possible we could access Eco Trails funding.
Discussion ensued as to the uses of State Land Board land vs private ownership uses. Michael S.
stated private ownership seems to be a better fit in consideration of the constraints of the land
and that it is not currently used.
Matt S. asked if this could be held back in order to get input from Eco Trails; Michael S. stated
the land owner is under time constraints to move forward with this.
Public Comment was opened.
No comments.
Public Comment was closed.
Motion by Sage P., second by Terry A., to approve Resolution 20 – Series 2017 A Resolution
authorizing the Mayor to sign a Memo of Understanding with Darin L. Tucholke regarding the
North Minturn State Land Board Parcel as presented. Motion passed 5-0. Note: Earle Bidez and
Sidney Harrington were excused absent.
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9. Liquor Authority
• Gail Crowder, DBA Minturn Mile Liquors Annual Renewal of a liquor store
License; 341 Main St.; Gail Crowder, Owner – Brunvand
Jay B. outlined the renewal, noted it had been reviewed by the Town Attorney and the
Sheriff/Minturn Police Dept, and noted Staff is recommending approval.
Public hearing opened.
No public comment.
Public Hearing closed.
Motion by John W., second by Kristina K., to approve the Gail Crowder, DBA Minturn Mile
Liquors Annual Renewal of a liquor store License; 341 Main St.; Gail Crowder, Owner as
presented. Motion passed 5-0. Note: Earle Bidez and Sidney Harrington were excused absent.
• Deutschman Family LLC DBA Kirby Cosmo’s BBQ Bar renewal of a Hotel and
Restaurant Liquor license; 401 Main St.; Mark Tamberino, Owner/Manager –
Brunvand
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Minturn Town Council September 6, 2017
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Jay B. outlined the renewal, noted it had been reviewed by the Town Attorney and the
Sheriff/Minturn Police Dept, and noted Staff is recommending approval.
Public hearing opened.
No public comment.
Public Hearing closed.
Motion by Sage P., second by Terry A., to approve Deutschman Family LLC DBA Kirby
Cosmo’s BBQ Bar renewal of a Hotel and Restaurant Liquor license; 401 Main St.; Mark
Tamberino, Owner/Manager as presented. Motion passed 5-0. Note: Earle Bidez and Sidney
Harrington were excused absent.
10. Additional Council Comment
Sage P. stated she had had questions regarding painting street lines on Harrison at the Shop N
Hop.
Sage P. requested council to give staff direction regarding a memo she distributed. the following
items. After a lengthy discussion direction from Council was to address the concerns at the next
Worksession as a goal setting time. Staff was to prepare and be ready to discuss the discussion
points included in the memo among other materials.
11. Town Planner (5min)
Janet H. updated the council on near future projects such as rewrite of chapter 16 and the zoning
character areas, the Boneyard Park.
12. Town Manager (5min)
13. Assistant Town Manager (5min)
• Assistant Manager’s Report
Short Term Rentals (STR) – Ord 4 – Series 2017
The staff continues to work on short term rental properties in the effort to bring everyone into
compliance by October 1, 2017 (the extended deadline date). Notification letters were sent out
to all current short term rental business license holders notifying them of the updates to the
regulations. Second notice letters went out the week of August 28th notifying STR owners of the
deadline extension and subsequent enforcement to begin immediately following the extended
deadline date.
100-Block Parking
COUNCIL AND STAFF REPORTS
FUTURE AGENDA ITEMS
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Minturn Town Council September 6, 2017
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Staff is obtaining feedback from local business owners, property owners and residents regarding
the 100-Block parking. A full report is expected by the September 20th Council meeting,
however preliminary feedback has been included for review.
Nonconforming Structures Program
The Economic Development Advisory Committee has submitted the draft paperwork for a
possible assistance program in helping property owners remove nonconforming structures that
present a life safety issue to the surrounding neighborhood. This is in the review phase at staff
level. More information to follow.
Live! In Minturn
Our first night of Live! In Minturn was held Aug 31st at Monkshood Cellars. We had a positive
turnout and are now looking into the option of adding more dates/locations to the schedule.
Conditional Use Permitting Audit
Staff is currently conducting an audit of all conditional use permits (CUP). This is a time-
consuming process as CUPs were only approved within the Minutes of a Council meeting before
2009 and not easily obtainable. It’s important to note that all activity on the UPRR property is by
the CUP process only.
Economic Development Advisory Committee – Use Tax Review
A question and answer session was held during the most recent EDAC meeting in an effort to
better understand the process of a Use tax and how growth can pay for growth. Considerations
discussed were the ability to limit the tax to construction materials, exempting the first $10,000
of every project – primary goal is to not effect locals doing smaller projects.
Note: this would take an election as it is a tax issue which must be approved in advance by the
citizens.
Game Creek Trail Maintenance Volunteers Needed
Our next trail maintenance session will be Tuesday, September 12th from 5-7:00 pm. Please
consider volunteering for this fun and important project to keep our local trails in shape! Contact
[email protected] or call 970-827-5645 to sign up.
Little Beach Park Upper lot Improvements to start
Public Works is preparing to conduct maintenance work in the upper parking lot at Little Beach
Park. Road millings are being placed and compacted to eliminate many of the rain-filled
potholes, etc. Please look out for equipment and park in the lower lot if using the area facilities.
Minturn Mini Mile Update
The Vail Recreation District held the first ever event on the new Mini Mile trail. The event was a
success thanks to over 2000 volunteer hours by the Vail Valley Mountain Bike Association to
get the trail ready. HUGE thanks to this amazing organization for their commitment to Minturn!
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Minturn Town Council September 6, 2017
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Minturn Market
Last date for the Minturn Market is Sept 9th! A huge thanks to everyone for making this such a
great summer season.
Partners in Energy Update
We continue to move forward with the Xcel Partners in Energy program. Jeff Armistead has
kindly volunteered to create a Minturn logo for our part of the program. The second strategic
planning work session is scheduled for Sept 26th. Additionally, below is a breakout from Kim
Langmaid of the different programs, who runs each and associated goals:
Overview of Three Climate Action Entities working with local governments in the Eagle Valley.
● Climate Action Plan for the Eagle County Community—If forming a collaborative
structure to continue the momentum, recommendations and goals set forth in the Plan
developed during 2016 by 30 stakeholders from throughout Eagle County. The Climate
Action Collaborative of the Eagle County Community would provide a coordinated
county-wide climate action approach, overall project management to support
stakeholder/members, a coordinated and professional education and outreach campaign to
engage the Eagle County community in reducing GHG emissions, and other direct
technical services as determined by the stakeholders/members.
www.walkingmountains.org/cap
● Compact for Colorado Communities/ACCO (Association of Climate Change Officers) –
This initiative was established by the Mayor of Aspen in May 2017 to get local
governments from throughout Colorado to commit to GHG reductions. The Compact
work has been contracted to ACCO who will provide online and in-person training
modules to local government staff and elected officials throughout Colorado.
www.accoonline.org and www.compactofcoloradocommunities.org
● CC4CA (Colorado Communities for Climate Action) - a coalition of local governments
advocating for state and federal policies. Organized by the nonprofit Rocky Mountain
Climate Organization.
www.cc4ca.org
Note: There may be other national level nonprofits such as Protect our Winters (POW),
and the Climate Reality Project’s “I am Pro Snow” campaign, that have approached local
governments to sign on to their national level policy proposals. And there could be other
entities that emerge to fill other niches related to climate action.
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Minturn Town Council September 6, 2017
Page 9 of 10
DOWNTOWN PARKING FOLLOW-UP
SEPTEMBER 1, 2017
NAME BUSINESS IMPROVEMENTS HELPING SUPPORT 2-HOUR PARKING
YES NO YES NO
Kristen Tarrin Minturn Realty X X
Kristin Kohl 100 Block Resident X X
Rob Rollins Colorado Mattress X X
Andy Kaufman Minturn Saloon X
Larry Stone The Scarab X X
Stephen Porter Nicky’s Quickie X X
Kim Borne Up Your Ally X X
Joe Honessey Minturn Country Club X X
Heather Holy Toledo X X
Kyle Foster Mountain Pedaler X X
Tom Eagle Valley Music & Comics
X X
Lynn Teach Gemini Gardens X X
Dave Budniakiewicz Minturn Anglers X X
Eric Creagon Magustos X
Joyce (Shelley) Bellm
100 Block Resident X X
Jean Flaherty 100 Block Resident X X
Sage Pierson Sticky Fingers Café X X
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14. Town Attorney
15. Executive Session – An Executive Session for the purpose of determining positions
relative to matters that may be subject to negotiations, receive legal advice on the
topic, and instructing negotiators under C.R.S. Section 24-6-402(4)(e) – Battle
Mountain Resort
Michael S. stated no Executive Session was needed.
Officer Phil Cusic updated that Halloween is coming and stated there will be no parking on the
west side of Main St.
EXECUTIVE SESSION
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Minturn Town Council September 6, 2017
Page 10 of 10
16. Next Meeting – September 20, 2017
• Discussion/Action: Lot 1 Eagle Street – Town of Minturn and Minturn Realty
9/20/17 – Hawkinson
• Worksession on strategic planning/goal setting
17. Future Meetings:
• Work Session on housing – Hawkinson
• Snow plow & mag chloride debriefing
• Holy Cross power line update
• Special Presentation: Dylan Roberts, Candidate for Colorado State House-10/4/17
• Special Presentation: Cady Dawson, ECO Transit Study-10/18/17
• Consideration of Resolution 18 – Series 2017 a Resolution authorizing the
Town of Minturn to join the Compact of Colorado Communities – Metteer
(tabled to a date uncertain to allow time for further background research)
•
18. Set Future Meeting Dates
a) Council Meetings:
• September 20, 2017
• October 4, 2017
• October 18, 2017
19. Other Dates:
• Minturn Market: Saturdays 9am-3pm
• Labor Day – Office Closed September 4
20. Adjournment
Motion by John W., second by Terry A., to adjourn at 9:24 pm. Motion passed 5-0. Note: Earle
Bidez and Sidney Harrington were excused absent
__________________________________
Matt Scherr, Mayor
ATTEST:
__________________________________
Jay Brunvand, Town Clerk
FUTURE AGENDA ITEMS
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PLANNING DIRECTOR REPORT - 9/20/2017
VACATION OF PUBLIC RIGHT OF WAY PETITION
Petition from: Town of Minturn and Minturn Realty Inc.
Notice is hereby given that the Town of Minturn has received a Petition from Eagle River Properties LLC to Partially Vacate Parcel B, portion of Eagle Street right-of-way vacated by the town to be mergewd into lots 1-3, Block C, Booco’s addition to the town of Minturn (100 s.f.). Parcel A, a portion of lots 1-3 dedicated to the town of Minturn to be merged into the Eagle Street right-of-way (66 s.f.)
Notice is hereby given that the Petition to Partially Vacate as shown in the Land Survey Plat, lots 1-3, Block C, is schedule for a public hearing of the Minturn Town Council, September 20, 2017 at 6:30 pm at the Minturn Town Hall located at 302 Pine Street.
History:
During the 100 block construction project from 2014-2016, new surveys revealed that multiple
property boundaries do not meet the ‘real life’ boundaries of existing buildings and right of
ways. The properties boundaries are a reflection of the historic nature and construction of the
area beginning in 1904. Many buildings and public sidewalks are located on other properties.
This petition is to clean up portions of boundaries with real time and real property, to create
clean title work and property boundaries in relation to existing buildings and roads.
Planning Commission Hearing – June 28, 2017 at 6:30 pm – Town Hall
A public meeting of the Minturn Planning Commission, June 28, 2017 at 6:30 pm at the Minturn Town Hall located at 302 Pine Street. The Planning Commission’s recommendation to the Council is as follows:
‘To approve the Vacation of Public Right of Way as depicted on map exhibit of application.’
Council Action:
It is the action of the Council at this hearing to approve or deny the petition for vacation of
public right of way as depicted on the map exhibit.
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TOWN OF MINTURN, COLORADO ORDINANCE NO. 09 – SERIES 2017
AN ORDINANCE OF THE TOWN OF MINTURN, COLORADO VACATING A PORTION OF EAGLE STREET RIGHT OF WAY OCCUPIED BY A PRIVATELY-OWNED COMMERCIAL STRUCTURE LOCATED AT 101 MAIN STREET.
WHEREAS, the Town of Minturn (the “Town”) is a home-rule municipality organized pursuant to Article XX of the Colorado Constitution and with the authority of the Minturn Home Rule Charter; and
WHEREAS, the Town is authorized by Sections 31-15-702 and 43-2-303, C.R.S., Title to vacate all or any portion of municipal rights-of-way by ordinance; and
WHEREAS, on June 1,1977, Minturn Realty Inc. acquired the property located at 101 Main Street and identified as Eagle County Assessor’s Parcel No. 2103-263-07-010 by warranty deed bearing the property description on the attached Exhibit A, incorporated herein by this reference; and
WHEREAS, Minturn Realty, Inc. parcel and the physical structure located thereon encompass and overlay a portion of the Eagle Street Right-of-Way as depicted on the attached Exhibit B, incorporated herein by this reference; and
WHEREAS, on September 20, 2017, the Town and Minturn Realty, Inc entered into a stipulation under which the Town agreed to vacate that portion of the Eagle Street Right-of-Way encompassing and overlaying the legal description of the Eagle River Properties, LLC parcel; and
WHEREAS, the Minturn Town Council finds and declares that it is necessary and proper to vacate that portion of the Eagle Street Right-of-Way encompassing and overlaying the Minturn Realty parcel; and
WHEREAS, the portion of the Eagle Street Right-of-Way hereby vacated is entirely within the corporate limits of the Town, does not comprise a boundary line between two counties or between the Town and another municipality, and has not been used by the Town as a public street, park, or for any other governmental purpose; and
WHEREAS, by vacating the relevant portion of Eagle Street Right-of-Way, property interest in the Town will better reflect historical uses and current “as-built” conditions, and a potential title encumbrance on the property located at 101 Main Street will be removed; and
WHEREAS, on June 28, 2017, the Town of Minturn Planning Commission voted unanimously to recommend that the Town Council approve the vacation contemplated herein.
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NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MINTURN, COLORADO:
SECTION 1. The foregoing recitals are incorporated herein as if set forth in full.
SECTION 2. The Town of Minturn hereby vacates all right, title, and interest to that portion of the Eagle Street Right-of-Way depicted on Exhibit A, all interest in the same to revert to the parcel located at 101 Main Street.
SECTION 3. The foregoing vacation is subject to any and all utilities easements, previously constructed and currently in place, whether above or below ground.
SECTION 4. The Town of Minturn shall execute and record a quitclaim deed to Minturn Realty Inc. for the property described on the attached Exhibit A, incorporated herein by this reference.
SECTION 5. There are no other interested parties for which quitclaim deeds are required to be recorded in compliance with the provisions of Section 17-9-10 of the Minturn Municipal Code.
SECTION 6. If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof.
INTRODUCED, READ BY TITLE, APPROVED ON THE FIRST READING AND ORDERED PUBLISHED BY TITLE ONLY AND POSTED IN FULL ON THE OFFICIAL TOWN WEB SITE THE 20TH DAY OF SEPTEMBER 2017. A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF MINTURN, COLORADO ON THE 4TH DAY OF OCTOBER, 2017 AT 6:30p.m. AT THE MINTURN TOWN HALL 302 PINE STREET, MINTURN COLORADO 81645.
TOWN OF MINTURN, COLORADO
Matt Scherr, Mayor
ATTEST:
By: Jay Brunvand, Town Clerk
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THE TOWN OF MINTURN, COLORADO, ORDAINS THIS ORDINANCE ENACTED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY AND POSTED IN FULL ON THE OFFICIAL TOWN WEB SITE THIS 4TH DAY OF OCTOBER, 2017.
TOWN OF MINTURN, COLORADO
Matt Scherr, Mayor ATTEST:
By: Jay Brunvand, Town
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Petition for Partial Vacation Right-of-Way
Applicants:
Town of Minturn, Colorado 302 Pine Street P.O. Box 309 Minturn, CO 81645
Phone: (970) 827-5645 Fax: (970) 827-5545 Email: Willy Powell, Town Manager
Signature
Minturn Realty Inc. 109 William Street P.O. Box 109 Minturn, CO 81645
Phone: Fax: Email: Kristen Tarrin
Signature
Presubmittal Date: Presubmittal Planner:
Parcel ID Number: Eagle Street Right-of-way adjacent to Minturn Realty Parcel # 210326307010
Intersection: Main Street and Eagle Street
Legal Description: Exhibit A, attached
Project Description: Applicant, Town of Minturn, seeks the partial vacation of the Eagle Street Right-of-way overlapping a portion of the Angler’s Building owned by co-applicant, Minturn Realty Inc., consistent with Exhibit B, attached. There are no adjacent or abutting land owners whose interests may be adversely affected.
LAND DEVELOPMENT APPICATION TOWN OF MINTURN PLANNING AND ZONING DEPARTMENT P.O. Box 309 302 Pine Street Minturn, Colorado 81645-0309 Phone: 970-827-5645 Fax: 970-827-4262 Email: [email protected]
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Existing Planned
Zoning: Old Town (ROW) Old Town Commercial
Land Use: Right-of-way occupied by commercial building.
Total Acres: 100 square feet +
F.A.R./Density: N/A
Project Name N/A
Related Case #s: N/A
TOWN CODE
Vacation of Public Easements and Rights-of-Way
• Sec. 17-9-10. - Procedure.
The methods and procedures to effect any and all road and easement vacations shall be in compliancewith, and subject to, Section 43-2-301, et seq., C.R.S.
(Prior code 17-10-1)
• Sec. 17-9-20. - Applicability.
(a)As used herein, the terms road and easement shall be deemed to include any and all parcels upon which there has been legally sufficient acceptance of dedication by the public or its authorized agents, representatives or officials.
(b) The applicants for any road or easement vacation shall present a petition requesting such vacation to the Town, which petition shall have been signed by the owners of all abutting property whose means of legal ingress and egress would be affected by such vacation. The petition shall set forth adequate reasons for such vacation, together with the names, mailing and legal addresses of all abutting or adjacent landowners, or other landowners whose interests might be adversely affected by or who may be interested in such vacation. The petition shall be accompanied by a map adequately showing the road or easement sought to be vacated, as well as the property of all landowners described above. The petition, together with the map, shall be submitted to the Town in triplicate and shall be accompanied by the appropriate fee.
(c) Upon receipt of the petition, the Town shall set the matter for discussion at a regular meeting of the Planning Commission, at least one (1) month thereafter, to allow for referrals as indicated below.
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(d) The Town shall refer a copy of the petition, together with the map, to affected governmental agencies, as well as public and private utility concerns, for review and written comment, to be returned within thirty (30) days. Such comments shall be advisory only.
(e) The Town shall cause to be given notice by certified mail, return receipt requested, to all landowners referred to in Subsection (b) above, stating: (1)
That a petition for vacation has been submitted to the Town; (2)
A description of the road or easement sought to be vacated; (3)
Briefly, the reasons for the submittal; and (4)
The date, time and place of the meeting referred to in Subsection (c) above. (f)
The Planning Commission at its meeting shall consider the merits of the petition to vacate, as well as the comments of interested members of the public, and shall, within a reasonable time afterward, make and submit its written recommendation thereupon to the Town Council.
(g) Thereafter, the Town Clerk shall cause to be given public notice by one (1) publication in a legal newspaper not less than thirty (30) days prior to the hearing before the Town. The public notice shall state: (1)
The road or easement sought to be vacated; (2)
The recommendation of the Planning Commission; and (3)
The date, time and place of the hearing before the Town. (h)
At its hearing, the Town Council shall consider the merits of the petition to vacate, together with the recommendation of the Planning Commission, as well as all other material the Town may deem pertinent, including the comments of interested members of the public, and may either approve or disapprove the petition to vacate.
(i) No approved vacation of any road or easement shall be effective unless the following condition has been met within a reasonable time following approval by the Town of any petition to vacate: Quit claim deeds have been duly recorded in the office of the County Clerk and Recorder which cumulatively relinquish all rights, claims and interests that all interested parties, including public and private utility companies, may have in the road or easement to be vacated.
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Discussion
For potentially as much as a century a corner of the Angler’s Building has been located within the Eagle Street Right-of-way. As part of the Main Street entryway improvements, the Town discovered that certain sidewalk, landscaping and utilities were located on a triangle of land owned by Minturn Realty. This application seeks to vacate that portion of Eagle Street occupied by the Angler’s Building. By way of separate agreement, Minturn Realty will deed the triangle of property (where sidewalk, landscaping and utilities are located) along Main Street to Minturn. Access to no properties will be impacted by this Right-of-way vacation. The property to be conveyed to Minturn Realty has not been publicly used because it has been occupied by a private building.
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Exhibit A Quit Claim Deed from Town of Minturn to Minturn Realty, Inc.
(Eagle Street ROW to be vacated in favor of Lot 1)
A portion of Lot 1, Eagle Street of Booco's Addition to the Town of Minturn according to the plat thereof recorded at Book 18, page 1 in the office of the Clerk and Recorder, County of Eagle, State of Colorado, with all bearings hereon based on a bearing of N23˚26'55”W between a found illegible 2” brass Cap at the southwest corner of Lot 18, Block C, Booco's Addition to the Town of Minturn and a found iron pipe on a retaining wall that bears N29˚26'21”E 8.76 feet from the northeast corner of Lot 4, Block A of The Mackedon & Rathburns Subdivision of the Town of Minturn.
Beginning at point on the northerly line of lot 1 from which the northerly corner of lot 1 bears N74˚38'38”W 16.95 feet; thence departing the northerly boundary of lot 1 N71˚42'45”E 17.32 feet; thence S18˚29'08”E 11.55 feet to a point on the northerly line of lot 1; thence N74˚38'38”W along the northerly line of Lot 1 20.85 feet to the point of beginning.
Said parcel of land contains 100 square feet more or less.
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Town of Minturn RFP - Welded Steel Turntable302 Pine Street - Minturn, CO
Design:Planning Department970-827-5645 [email protected]
Landscape Plans for Corner Property10-25-2016
Eagle Street
Highway 24
Existing Property Boundary -
to be negotiated with landtrade with town
existing landscape
Anglers Building
New Property Boundary
3’ foot concrete path - colored to match side-walk with extended patio on town property
(cover existing concrete)
boulders to retaindirt to grade
existing utlities
Landscape Materials:
6 - 5 gallon red twip dogwood shrubs15 - 1 gallon blue stem grasstopsoil to bring up grade with new sidewalk
small patio
shrubs
new sidewalk
add topsoil to raise grade -6” below sidewalk
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AGENDA ITEM COVER SHEET
AGENDA TITLE: 100 Block Parking
MEETING DATE: Sept 20, 2017
PRESENTER: Hawkinson/Metteer
BACKGROUND:
Parking on the 100 Block has been in the “review” phase. Multiple improvements have been implemented since winter of 2017 for the downtown area. Staff will review the progress to date, provide an outline and draft parking map with inventory.
Provide progress update, review draft map and seek Council feedback.
CORE ISSUES:
STAFF RECOMMENDATION/MOTION: Council to provide feedback for draft modifications.
Town Council Mayor – Matt Scherr
Mayor Pro Tem – Earle Bidez Terry Armistead
Sidney Harrington Kristina Krone Sage Pierson
John Widerman
Michelle Metteer Asst Town Manager
P.O. Box 309 302 Pine St Minturn, CO 81645
www.gominturn.com
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SEPTEMBER 20, 2017 STAFF UPDATE
Lease Lot Update________________________________ _______________________________ Upon approval of Resolution 13-2017, leases at the “lease lot” started being approved and administered at the staff level. As initially indicated, staff would provide periodic updates to this process. Jay Brunvand, Town Treasurer has included the first progress report with this staff update.
Nonconforming Structures Program_________ ___________________________________ The Economic Development Advisory Committee has submitted the draft paperwork for a
possible assistance program in helping property owners remove nonconforming structures
that present a life safety issue to the surrounding neighborhood. The draft program has
been included in the staff report for your review. For this program to move forward,
funding will need to be approved at budget season.
Live! In Minturn_______________________________ _____________ _____ Jenny Lowe, Court Clerk has updated the Live! In Minturn schedule with the addition of two Thursdays; Sept 28th at the Minturn Saloon and October 5th at Kirby Cosmos.
Conditional Use Permitting Audit__________________________________________________ Audit results…ack! After initial review, staff has determined the CUP process is in need of organizing, improving process and documentation as well as consistent enforcement. This task is considered a significant undertaking that is currently not possible without eliminating other tasks from staff’s current workload. This directly effects the day to day operations on the railroad property. Staff recommends Council to consider where this fits in the list of priorities and provide direction as needed.
EDAC – Minturn Business Alliance Quarterly Meeting__________________________________ The Economic Development Advisory Committee has scheduled the third quarter Minturn Business Alliance meeting to take place Monday, September 25th from 5:00 – 7:00 pm at Backcountry Wings in conjunction with Mondays with the Mayor. These meetings follow the Economic Development Strategic Plan which strives to facilitate communication between Minturn business owners, Council, Planning Commission and staff. We hope all Council members will consider attending.
ROW & TE Acquisitions | 2019 Main Street Pedestrian Planning Update___________________ Willy Powell has coordinated with HRD, Inc. for right of way and temporary easement acquisitions in anticipation of the upcoming 2019 south Minturn sidewalks project. Letters to
Michelle Metteer, CMC Asst. Town Manager
P.O. Box 309 302 Pine Street Minturn, CO 81645
970-827-5645 [email protected]
www.gominturn.com www.minturn.org
Town Council Mayor – Matt Scherr
Mayor Pro Tem – Earle Bidez Council Members: Terry Armistead
Sidney Harrington Kristina Krone Sage Pierson
John Widerman
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residents notifying them of this process, along with contact information will be sent out in the next few weeks. In addition, acquisition process information will be added to the project webpage guiding impacted residents and businesses through the process. Little Beach Park Improvements ___________________________________________________ Public Works has been making necessary repairs at Little Beach Park. In addition, equipment, stage and amphitheater are being repainted. Plans to review the stage for improvements will take place the spring of 2018 with the Town, Minturn Community Fund and Select Surfaces reviewing potential surface options and funding. Parking Ticket Collections_________________________________________________________ Staff is preparing for the winter season snow removal/parking enforcement. As a reminder, last winter/spring, Council approved an increase in parking ticket fees in order to deter violators of the snow removal parking plan. Parking tickets are now $50, up from $21 and those in violation will be sent to collections if the fee goes unpaid. To date, Jenny Lowe, Court Clerk has recouped over $800 in previously unpaid parking ticket fees from 2016. This winter will be the first full season the increased fees will be in place. Short Term Rentals (STR) – Ord 4 – Series 2017_______________________________________ The staff continues to work on short term rental properties in the effort to bring everyone into compliance by October 1, 2017 (the extended deadline date). Notification letters were sent out to all current short term rental business license holders notifying them of the updates to the regulations. Second notice letters went out the week of August 28th notifying STR owners of the deadline extension and subsequent enforcement to begin immediately following the extended deadline date. VSSA Student Service Day at Bellm Bridge___________________________________________ Janet Hawkinson, Planner and Charlene Whitney, VSSA School Counselor coordinated the VSSA Student Service Day here in Minturn. A group of students spent the afternoon re-painting Bellm Bridge – and it looks great! Special thanks to Minturn Public Works for prepping the bridge, power washing and scraping, before the students arrived. The students finished with the painting early so then went and picked up trash from Cemetery Bridge to the United Concrete plant. They also worked on the Mini Mile trail and removed trash from Maloit Park to the Boneyard. Minturn is looking good. Check it out! (Photos by Janet Hawkinson)
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Broadband Ballot Question____________________________________________________ Minturn will have a ballot question on the Nov 7, 2017 election regarding broadband service and local municipalities’ ability to regulate improving broadband capabilities. Included with this staff report is a 2-page handout created by the town of Avon reviewing the ballot questions and answering common questions pertaining to the topic.
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NONCONFORMING STRUCTURE CONDEMNATION PROGRAM This is a voluntary program for property owners in need of assistance in removing nonconforming structures which present a health and/or life safety issue. PROCESS:
1. Property owner voluntarily requests an inspection of the nonconforming structure by the Building Inspector.
2. If applicable, Building Inspector condemns the structure. 3. Property owner to have structure removed and disposed. 4. Minturn to cost-share for the removal and disposal of nonconforming structure. 5. Town of Minturn to lien the property for the amount of removal and disposal costs. 6. Town of Minturn recovers costs at time of property sale.
Town of Minturn PO Box 309 302 Pine St
Minturn, CO 81645 Office: 970-827-5645
Emergency: 911 Non-Emergency: 970-479-2201
www.minturn.org
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November 7, 2017
MINTURN BALLOT
QUESTION Exemption from SB 152 Voters residing in Minturn will be asked the following ballot question:
WITHOUT INCREASING TAXES,
SHALL THE TOWN OF MINTURN
HAVE THE AUTHORITY TO
PROVIDE, FACILITATE, PARTNER
OR COORDINATE WITH SERVICE
PROVIDERS FOR THE PROVISION
OF, "ADVANCED (HIGH-SPEED
INTERNET) SERVICE," "CABLE
TELEVISION SERVICE," AND
"TELECOMMUNICATION SERVICE,"
EITHER DIRECTLY, INDIRECTLY, OR
BY CONTRACT, TO RESIDENTIAL,
COMMERCIAL, NONPROFIT,
GOVERNMENT OR OTHER
"SUBSCRIBERS" AND TO
ACQUIRE, OPERATE AND
MAINTAIN ANY FACILITY FOR THE
PURPOSE OF PROVIDING SUCH
SERVICES, AND THEREBY
RESTORING LOCAL AUTHORITY
AND FLEXIBILITY THAT WAS
RESTRICTED BY TITLE 29,
ARTICLE 27, PART 1 OF THE
COLORADO REVISED STATUTES?
This ballot item is:
If voters approve this ballot item, Minturn would be exempted from a state law that otherwise purports to limit local governments from improving broadband capabilities. With this excmption, the Town would be permitted to establish business partnerships with private companies to increase access to highspeed boradband internet, opt to provide this service itself, or develop a combined strategy to benefit residents and business users.
This ballot item is not: This ballot item would not prevent any private business, including existing broadband providers, from initiating or continuing to provide these services. Avon has no plans to create a public broadband utility. Passage of this measure would allow the town to explore a variety of options to make assets available to serve the broadband needs of residents, students and businesses.
What is fiber-optic broadband?
Fiber-optic broadband cable can run underground or in the air on existing poles. Pulses of light allow very reliable connections and can quickly carry large amounts of data over long distances. Fiber-optic cable is a dedicated internet connection and is not shared with cable services. Fiber-optic network speeds are typically 100 megabits to 10 gigabits per
second, compared to 20 to 100 megabits per second for a typical cable internet connection, or 3 megabits per second or less for traditional copper phone service.
Are other Colorado cities exempt from SB 152? Voters in many Colorado towns, cities, a n d c o u n t i e s h a v e e x e m p t e d themselves from SB 152, passing measures that affirm their local choice to decide how broadband services develop in these communities.
Exemptions have been approved in:
-Aspen- Bayfield- Breckenridge- Cripple Creek- Durango- Green MountainFalls- Ignacio- Mancos- Palisade- Silt- Superior- Victor-Archuleta County- El Paso County- La Plata County- Montrose County
-Arvada-Basalt-Black Hawk-Carbondale-Dolores-Golden
-Hudson-Lafayette-New Castle-Parachute-Silverton-Telluride-Woodland Park-Dolores County-Garfield County-Larimer County-Montezuma Coun: - Teller County
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Tell me more about Colorado Senate Bill 152 ... Colorado Senate Bill 05-152 (SB 152) is a measure passed by the Colorado Legislature in 2005. Its intent was to limit governments from competing with the private sector. Among other provisions, it requires local governments to secure voter approval before entering into the broadband partnerships or business. Without such approval, the law limits the ability of Colorado local governments to provide a wide spectrum of services, including:
• free Internet service in city librarie�s, parks and community centers;• leveraging government infrastructure and partnering with private businesses to provide
· affordable and high-speed lnternE�t service throughout the entire community;• direct provision of broadband services by municipal governments where needed.
How would an exemption from SB 152 benefit Minturn? A voter-approved exemption from SB ·152 would restore local independence and ability to evaluate all possibilities for next-generation broadband services in Minturn.
An exemption supports local choice and options, allowing citizens to make the best decisions based on the needs of our own community, writhout raising taxes.
When is the election and how can I vote? The election is November 7th
. Ballots will be mailed out from the Eagle County Clerk & Recorder on October 17th
. This is a mail-in ballot only. The deadline to return a voted ballot is November 7, 2017; by 7:00 p.m. Ballots may be mailed or dropped off at the Avon Center or other locations in Eagle County. The ballot is posted on the Eagle County Clerk & Recorder's webpage, www.eaglecounty.us/ clerk/, under "Upcoming Elections."
Register to vote online at www.govotecolorado.com. If you are currently registered in Colorado, you may also make changes online.
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