Briefs Mt. Crested Butte

Town’s wildlife ordinances proving effective
Town manager Joe Fitzpatrick told the council Tuesday, July 2 there have been a few bears wandering around town, but because of the town’s wildlife ordinance, and people’s adherence to it, there have been noticeably few wildlife encounters this season.
“We definitely still have some bears drifting through town, but they aren’t used to having garbage so they move on,” Fitzpatrick said. “[The ordinance] has been enforced, and is being enforced. It’s been successful, and that’s for the benefit of the bears as well as the public.”

Future could be bright on the Fourth of July, but not as loud
Councilman Tom Steuer asked Fitzpatrick if, after two consecutive years being forced to cancel the Fourth of July fireworks display because of wildfire concerns, the town had considered something less incendiary to celebrate the holiday, like a laser-light show.
A laser-light show is an option the town had considered several years ago, but had turned down at the time. “We weren’t quite sure what we would be getting and really rushed into finding it,” Fitzpatrick said. “We would have to do a little better search.”
He also reminded the council that they’ve already paid for a fireworks display for a second consecutive year and offered to schedule the show if they could agree on a worthy event.

Council grants extension of Promontory preliminary plan
The Mt. Crested Butte Town Council voted to allow another two-year extension of the Preliminary Plan for The Promontory, an approved and undeveloped subdivision north of the North Village in town.
The town first approved the Preliminary Plan for the subdivision in 2007, then granted two,  two-year extensions in 2009 and 2011. Two years is the maximum extension allowed for a Preliminary Plan and Crested Butte Mountain Resort director of planning and sustainability John Sale attended a Town Council meeting Tuesday, June 4 to ask for another two years.
“In the past, it was basically because of market conditions and I think that still continues,” Sale said. “That parcel is on the market and that is another reason we would like to have a two-year extension. [It] would make it more attractive to have some sort of entitlement attached to the property.”
The council agreed and granted the two-year extension.

Council quiet on Prospect homeowners’ offer
In a draft resolution, the Prospect Reserve District No. 2, representing the Prospect homeowners and led by a group of them, asked the town to approve an additional 3 mill levy on Prospect property taxes to pay for legal counsel independent of its parent district, Reserve District No. 1.
Town attorney Kathleen Fogo explained that the town had joined Reserve District No. 1 as a plaintiff in a February lawsuit that asks Gunnison District Court to declare the same 3 mill levy, which is currently being assessed, invalid.
“This suit is very much just getting started,” Fogo said. “A complaint was filed, there were counterclaims … so they’re still sorting out who belongs where and who has what claims. The town’s position is very simple and that is to hopefully have the court declare the additional 3 mill levy invalid as a violation of the Consolidated Service Agreement that was a condition of the town’s approval [of the subdivision] … They want the town to retroactively approve the tax.”
The draft resolution contains 25 “whereas” clauses that are used to justify the resolution, detailing the case for the 3 mill levy. By comparison, the draft ordinance related to the town’s leash law has six “whereas” clauses. Despite the thorough rationale, Fogo recommended the council do nothing and they complied.
The town and Reserve Metro District No. 1 filed a motion for partial summary judgment on Friday, June 28 asking the court to make its determination as to whether the mill levy is valid or not with the facts that have been presented. “That’s where the town’s part of the lawsuit sits right now,” she said. “The rest is so much of a cluster, I can’t even explain it … I think no action is the best course of action.”