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Minturn project in limbo

Lawsuits are tying up money for town improvements

Published February 26, 2009 at 8:05 p.m.

John Martinez, a resident since 1969 of the town of Red Cliff near Minturn, makes his way to the post office in February 2008.

John Martinez, a resident since 1969 of the town of Red Cliff near Minturn, makes his way to the post office in February 2008.

When the village of Minturn gave initial approval last February to a real estate project worth $1 billion, some residents worried it could bring too much change overnight.

But a full year later, the former railroad town is still waiting for the development company to submit a final plan for its Battle Mountain complex. And a pot of money earmarked for badly needed infrastructure improvements is stuck in limbo.

"The timelines have been delayed," acknowledged Gary Suiter, Minturn interim town manager. "The money's tied up right now because of lawsuits."

One legal battle questions whether the development company holds the title to all the Battle Mountain mining claims - a patchwork of property expected to someday include a private ski area and luxury homes. Another takes aim at the town's process for approving the project.

As long as the lawsuits remain unresolved, Suiter said the town can't spend the initial $11.6 million developers contributed to an escrow account for town improvements such as a recreation center and other needs.

That argument irks Frank Lorenti, a resident who tried to overturn the Minturn Town Council's approval by forcing a townwide vote on it last May.

"Some of the people who voted (to uphold the town council's decision) are upset now because none of the money is being spent to improve Minturn," Lorenti said.

Lorenti noted that one of the lawsuits has been going on for years and didn't hold up the town's Battle Mountain approval. He has been pushing town officials to release the funds the developers agreed to provide.

"If they are really going to build here, they should give us the money," he said.

In the meantime, town officials have been talking about raising taxes to pay for needed improvements, Lorenti said.

For its part, the development company has moved forward with some aspects of the project - in particular, the environmental work needed to clean up a Superfund site on its property above Minturn.

The company, owned by Florida developer Bobby Ginn, has also been meeting with federal wildlife officials about a plan for mitigating the project's impact on the lynx population.

"We're not treading water," said Bill Weber, senior vice president of Ginn Development. "We're doing the dog paddle. We're probably going a little bit slower, but we're not stopped."

Weber said the company sees no urgent need to obtain final approval for its project "due to winter weather" that would prevent it from breaking ground anyway.

Its plan calls for building 1,700 homes and a golf course, in addition to the private ski area.

Weber acknowledged the impact of the economic fallout.

"Anyone who tells you the economy doesn't affect them, maybe you better ask them again," Weber said.

Ginn has already received Minturn's preliminary approval to annex his 4,300 acres into the town. But regulations require that he also get a final stamp of approval for the project.

The developer sought the annexation to take advantage of zoning rules that will allow him to have many more homes than he would have been able to build under more restrictive Eagle County regulations.

In exchange for the town council's unanimous approval, Ginn agreed to invest in Minturn and clean up contaminated land at the Eagle Mine Superfund site.

The deal involved about $180 million for infrastructure improvements, an amount that dwarfed Minturn's annual budget of about $1.5 million.

kelleyj@RockyMountainNews.com or 303-954-5068

Development plans

Florida developer Bobby Ginn received preliminary approval a year ago for plans to build a resort community on mining claims he bought south of Minturn, an old railroad town between Vail and Beaver Creek. The town still awaits Ginn's submission of a final development plan that entails:

* A private ski area served by gondolas and eight chairlifts on top of Battle Mountain

* A golf course

* 1,700 luxury homes, both single-family and condos; some will be near the ski slopes and others near the golf course

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