After a two-week trial this past January, in February the court delivered its main order that allowed the town to more than double its previous capacity.
Other issues remained unsettled, however, including the amount of damages owed to Idarado in its countersuit against the town with which the court sided.
It that suit, Idarado alleged that after authorizing the town to enter its property to do repair work, the town undertook some unauthorized work and damaged the property in the process.
That portion of the case had to be heard separately and was scheduled to go to trial this October. In the meantime the town negotiated with Idarado and earlier this month the parties arrived at an agreement.
The voters authorized the financing needed to pay for the water treatment project by means of a $10 million bond approved in 2005, however the bonds were never been sold pending the final outcome of the lawsuit.
“My guess is that we’ll sell them in early 2010,” said Town Manager Frank Bell. “There is no urgency to sell them right now.”
Mayor Dispels Budget Rumor
A rumor that at least 50 percent of the Commission for Community Assistance, Arts and Special Events funding will remain in the town’s 2010 budget if a proposed sales tax increase to fund it fails at the ballot box this fall is untrue, Mayor Stu Fraser announced to the public during the Town of Telluride Council’s meeting on Tuesday.
The proposed six-tenths of one percent sales tax increase known as the CARE Tax – for Community support, Arts, Recreation and Events – would go to create a dedicated revenue stream to fund local nonprofits, special events and infrastructure improvements and is anticipated to generate roughly $650,000 annually for major programs currently paid out of the town’s General Fund and Capital Budgets, including the $325,000 in grants that the Commission for Community Assistance, Arts and Special Events disperses annually to the community’s nonprofit organizations.
“Nothing has been put in the budget,” he said, in an effort to dispel the rumor. “That is not reality.”
“We have no idea what will end up on CCAASE,” he continued.
Schools OK’d for Downtown
In a 6-0 vote for which Councilmember David Oyster was absent, council on Tuesday approved the second reading of an ordinance that allows for schools in the commercial and historic zone districts as a use permitted on review.
As defined by the state a school is any public, parochial or non-public school that provides a basic academic education in compliance with school attendance laws for students in grades one through 12. It does not include preschools or daycares.
As a Home Rule Municipality the town’s Municipal Code allows for private hotel and club liquor licenses around existing public schools, and allows a liquor license within 500 feet of a private or parochial school. However, it establishes no lesser setback for public schools, so the state’s 500-foot rule remains.
Because of the potential negative impacts a public school in the commercial core could have on retailers, restaurants, bars, and the town’s tax base as a result, the Planning and Zoning Commission is directed to deny an application for a public school if allowing it would prohibit the establishment or continued operation of an establishment that serves alcohol.