HomeMy WebLinkAboutPACKET Town Board Study Session 2024-10-22
October 22, 2024
5:00 p.m. – 6:45 p.m.
Board Room
4:45 p.m. Dinner
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Public comment is not typically heard at Study Sessions, but may be allowed by the Mayor with agreement of a
majority of the Board.
This study session will be streamed live and available at www.estes.org/videos
5:00 p.m. Rodeo Update.
(Rooftop Rodeo Coordinator Schonholtz)
5:25 p.m. Water 102 – System Condition.
(Superintendent Fredricks & Manager Wesley)
5:55 p.m. Arborist Licensing.
(Supervisor Berg)
6:20 p.m. Massage Therapist Licensing.
(Town Attorney Kramer & Town Clerk Williamson)
6:35 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:40 p.m. Comments & Questions.
6:45 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:30 p.m.
AGENDA
TOWN BOARD
STUDY SESSION
Events & Visitor Services Report
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Robert Hinkle, Events & Visitor Services Director
Date: October 22, 2024
RE: Rooftop Rodeo 2024 Update
Purpose of Study Session Item:
Update on the 2024 Rooftop Rodeo.
Town Board Direction Requested:
Informational and no direction needed.
Present Situation:
The Town of Estes Park took full responsibility of producing the Rooftop Rodeo in
August of 2022 after Estes Park Western Heritage, Inc. dissolved their organization.
Cindy Schonholtz was hired as the Rooftop Rodeo Coordinator in January of 2023. The
Rooftop Rodeo is a PRCA Rodeo with six performances held annually at the beginning
of July.
Proposal:
No proposal at this time.
Advantages:
-Paid Attendance of over 10,000
-Positive economic impact for the Town
Disadvantages:
-None
Finance/Resource Impact:
No additional Budget impact.
Level of Public Interest
Low Public Interest
Attachments:
1. 2024 Rooftop Rodeo Report Presentation
WHAT A YEAR!
✓3 Sold out performances
✓Great weather
✓New ticketing system
worked very well
✓Great crowds for the
Behind the Chutes Tour
✓Total tickets sold:
10, 545
ATTACHMENT 1
FINANCE
2024 Revenue: $360,321
2024 Expense: $347,257
2022 2023 2024
Admissions: $219,131 $237,726 $243,046
Cash Sponsorships $67,000 $71,550 $73,000
SPONSORS
✓Record sponsorship revenue of
$73,000
✓Production, ticket office and all
teams worked well to support
sponsors
✓Several new sponsors including
Estes Park Aerial Tram, Lasso
Whisky, Air Force Special
Warfare and Crocker Ranch
COMPETITION
✓Rodeo was aired nightly on
Cowboy Channel, Cowgirl
Channel or Livestreamed on
Cowboy Channel Plus
✓Fans were treated to an excellent
competition
✓Bull Riding was very exciting as
there were no 8 second rides
until the final performance when
Trevor Reiste rode his bull to win
over $18,000
PARADE
✓New route this year due to downtown construction
✓Staging was easier – spectator friendly, plenty of parking
✓More than 50 entries – a great variety
✓Excellent promotion for Rooftop Rodeo and Town of Estes
Park
CONTRACT PERSONELL
✓We are very proud of the
contract personnel that help
make the Rooftop Rodeo so
professional.
✓We were thrilled to have
Justin Rumford back in the
barrel as our 2024 Rodeo
Clown – the crowd interaction
was amazing.
✓Announcer Andy Seiler once
again showed why he is the
best in the business –
accurate, entertaining and
professional!
VENDORS, CONCESSIONS
AND ENTERTAINMENT
The midway and concessions were reconfigured making the area more open, shorter lines and a wider variety of vendors.
Fantastic entertainment on Friday and Saturday nights kept the crowd around. Rooftop Rodeo Merchandise was a hit! The
Saloon had an expanded offering of beverages and a beer vendor on the midway – very successful!
COMMUNITY
✓More than $110,000 was
raised for the Estes Park
Health Foundation through
the Mrs. Rooftop Program.
✓More than $10,000 was raised
through the Pass The Boot
program benefitting these
organizations:
▪Estes Park Health
Foundation
▪Justin Cowboy Crisis Fund
▪EVICS Family Resource Center
▪Estes Valley Crisis Advocates
▪American Legion Post 119
▪Flinch Forward
VOLUNTEERS
✓110 Volunteers
✓Team leaders helped
coordinate efforts. Teams
include security, royalty,
arena, production and more.
✓Volunteers met monthly
starting in February.
✓The second year of the new
structure was successful and
the volunteers enjoyed the
experience!
✓Volunteers absolutely hit it out
of the park in every way!
ROYALTY
Our Royalty Program had a great year! We had 3 contestants for Queen, One for
Attendant, 4 for Princess and Two Wranglers.
Congratulations to 2025 Attendant Lily Finch and 2025 Rooftop Rodeo Queen Shar
Huggins.
ROOFTOP ROYALTY
AROUND TOWN
Kid’s Stock Horse Rodeo in Bond Park Visit to Estes Park Aerial Tram
2025 ROOFTOP RODEO
July 5 – 10, 2025
LOOKING FORWARD TO 2025
➢Continue to focus on non-profit and community
involvement.
➢Restructure rodeo prize money to attract more contestants.
➢Add Women’s Breakaway Roping.
➢Expand Merchandise.
➢Larger big screen.
➢Continue to build on our strong volunteer team.
➢Expand marketing efforts.
Town Board Study Session
Condition and Performance of the Water System
October 22, 2024
The Mission of the Town of Estes Park
is to provide high-quality, reliable
services for the benefit of our residents,
guests and employees, while being
good stewards of public resources and
our natural setting.
1
2
Agenda
▪Summary of Previous Study Session
▪State of Our Water System
−Supply and Treatment
−Distribution
−Compliance
Previous Study Session
Water 101
3
4
Overall Water Division Structure
Administration – Budget, prioritize, and manage; public liaison;
Town leadership representative
Water Quality Lab –Sample/test water, regulatory and consumer
reporting
Supply and Treatment –O&M at 2 water treatment plants,
regulatory compliance
Distribution –O&M of pipeline system, storage and delivery,
regulatory compliance, development support
Capital Projects –RFPs, contracts and management of general
contractors, grant and loan financial reporting
Our Water System Statistics
▪Regulated as population of >17,000
▪Over 8,300 service connections per CDPHE
▪125+ miles of water mains and 831 fire
hydrants
▪9 storage tanks, 3.4 MG, serving 8 pressure
zones
▪7 MGD combined treatment capacity
▪Water quality laboratory performing >12,000
tests per year
5
6
Water Quality/Laboratory
▪Two full‐time laboratory personnel
▪Our main lab is EPA‐accredited for
TOC and microbiology
▪Over 12,000 tests per year for our
system and adjacent systems
▪Point of contact with regulatory
agencies
▪Public notice and annual consumer
confidence reporting
▪Tracks future regulatory requirements
Source Water Availability
Raw Water Supply
▪BOR/CB‐T Replacement Water: 500 acre‐feet
▪Colorado Big Thompson (CB‐T): 608 acre‐feet, firm
▪Windy Gap: 300 acre‐feet
▪Glacier Creek: 4 cubic feet per second
7
8
Water Treatment
Glacier Creek WTP
▪Built in 1972 then upgraded
▪3 MGD (1 MG storage)
▪Only Treats Glacier Creek water
Marys Lake WTP
▪Upgraded in 2011
▪4 MGD (1 MG storage)
▪Only Treats C‐BT water
Spring Summer
FallWinter
Water Distribution and Storage
Residential, commercial, bulk water,
construction, and fire protection service
▪Hydrant flushing, valve exercising, and
cross‐connection control programs
▪25‐30 miles of our pipes are shallow, older
galvanized or cast iron, small‐diameter
▪Tree‐like system with higher than “typical”
pressures (up to 275 psi)
▪Low winter demand results in increased
water age
9
10
State of the Water System
Master Planning Process
Condition of Water Assets
Process
Electrical
I&CStructural
Overall
Condition
Review asset
Interview staff
Assess O&M
Combine scores
Validate results
Condition Score
11
12
Criticality of Water Assets
Criticality considers the
consequences of
failure: when the asset
does not perform or
fails.
Criticality
Score
Regulatory
compliance
No. of
customers
impacted
Duration of
impact
Public and
Staff Safety
Effect on
other Assets
Environmental
Impact
Risk Assessment
Very Poor
(4-5)
Poor
(3-4)
Fair
(2-3)
Good
(1-2)
Very Good
(0-1)
Very Low Impact
(0-1)
Low Impact
(1-2)
Moderate Impact
(2-3)
High Impact
(3-4)
Very High Impact
(4-5)
Condition
Cr
i
t
i
c
a
l
i
t
y
Risk assessment considers the condition and the criticality of that asset (impact if it fails). Redundancy can improve
the criticality or condition score, which reduces the risk of failure.
13
14
Treatment
Successes
▪Continuous improvements:
GCWTP raw water valve ‐auto close on power failure
Improved chemical handling at Crystal Storage
GC Clearwell meter upgraded to current technology
Chlorine gas shutoff system‐Halogen valve
Challenges
▪Aged infrastructure: GCWTP >50 years, MLWTP 13 years
▪Regulations – continuously becoming more stringent
▪Staff juggle between treatment methods, each plant has
its own personality
▪Source water vulnerabilities require seasonal operation
between plants
COMPLIANT WATER
Treatment
Statistics
▪Finished Water Delivered in 2024:
Fully compliant155 days of operation278 Million GallonsMarys Lake WTP
Fully compliant140 days of operation147 Million GallonsGlacier Creek WTP
Projected 2024 Total
15
16
Condition Assessment –Treatment (AE2S)
Very Poor
(4-5)
Poor
(3-4)
Fair
(2-3)
Good
(1-2)
Very Good
(0-1)
Very Low Impact
(0-1)
Low Impact
(1-2)
Moderate Impact
(2-3)
High Impact
(3-4)
Very High Impact
(4-5)
Condition
Cr
i
t
i
c
a
l
i
t
y
Marys Lake WTP Glacier Creek WTP
(2.2. 3.8)
(2.8. 4.2)
Risk assessment considers the condition using three areas (structural, process, and electrical/instrumentation) and
the criticality of that asset (impact if it fails). For a plant-wide assessment, assets are combined to an overall score.
Examples of Interim Improvements To Reduce Risk
Improvements to Reduce RiskPlant
•Expand/upgrade pre‐
treatment/separate coagulant &
PAC feed points
•Install new house water system
•Additional source of supply
•Separate East and West storage
tanks and install baffles
•Improve pre‐screen wash
•Upgrade grounding and electrical
systems, add UPS
Marys Lake
•Rehabilitate filters, upgrade
backwash process (VFD,
analyzers..)
•Convert seasonal winter CT to
year‐round compliance point
(relocate connection for YMCA &
NPS)
•Rehabilitate waste pond
•Coat/seal clear well
•Upgrade grounding and electrical
systems, add UPS
•Replace chlorine gas system with
sodium hypochlorite
Glacier Creek
17
18
Water Distribution and Storage
Successes
▪Service line material inventory completed
▪O&M activities – flushing and valve exercising
▪In‐house tank rehabilitation
▪Rapid customer service for mainline repairs
Challenges
▪Condition Assessment –aged assets
▪Regulatory outlook (DBPs, LCRR/I, others)
▪Old, small diameter pipes = reactive maintenance
▪Zones 2 and 3 have a storage deficit
▪“Tree‐like” system, limited looping
Condition Assessment – Distribution (Water Division/AE2S)
Risk assessment considers the condition using three areas (structural, process, and electrical/instrumentation) and the
criticality of that asset (impact if it fails).
Very PoorPoorFairGoodVery Good
Very Low Impact
Low Impact
Moderate Impact
High Impact
Very High Impact
Condition
Cr
i
t
i
c
a
l
i
t
y
Strong PS
& PRV
Riverside PRV
Fall River
PS & PRV
Kiowa PS
Thunder Mnt PS
19
20
Condition Assessment ‐Distribution
▪Pipes, hydrants and isolation valves
−Approximately 25% of the system is cast iron or galvanized
−A large portion of the system is smaller than 6”
Add a picture of pipe
condition – CI or GALV
pipe – interior or exterior
Condition Assessment –Storage Tanks (Town and AE2S)
RecommendationsFindings/Discussion
Condition
Rating*Tank Name
Replace capacity. If not, recoat interior and
exterior.
Coatings past useful life. Tank installed in
1965 and beyond its useful lifeDCastle Mnt. –
0.4MG
Replace tank with 1.5 MG of storage for pressure
zone.
Tank installed in 1940 is nearing end of
useful life, not enough storage for zone 2CBig Thompson
–0.2MG
Recoat interior, coat exterior roof, repair leaksNo roof vent, exterior of roof needs coating,
heavy scaling of interior shellDFall River –
125k
Coat roof exterior, repair spalling, recoat roof
vent, replace overflow stem supports
Poor condition roof coating/spalling, poor
condition vent, interior shell spallingC-Glacier Creek
–1 MG
Monitor tank, consider coating interior, increase
storage availabilitySmall capacity tankCKiowa Ridge –
60k
Coated ext. tank roof – Completed 2024Minor cosmetic cracks in exterior roofing,
one more significant crackCMacGregor –
300k
Capital project – isolate east and west sides,
interior gate maintenance
Adequate condition, can’t isolate E and W
sides for maintenanceCMarys Lake –
1 MG
Rehabilitated tank in 2023 with interior lining,
additional roof work in 2024
Severe interior structural damage, no roof
ventD-Thunder Mnt
– 125k
NOTE: Tank is being replaced with 0.180 MG tank (Prospect Mountain project)Prospect Mnt.
*A=like new (0.5), B (1.5) C=average/functional (2.5), D (3.5) F=failing (4.5)
21
22
Condition Assessment –Storage Tanks
Capital Projects
Challenges
▪Extensive needs with limited funding sources
▪Community‐wide construction fatigue
▪Contractors to bid the work
Successes
▪Completed: (w/Distribution) ‐Elkhorn waterline, duty house
remodel, GCWTP raw water valve, water station relocation
▪Reclamation Neighborhood (w/Public Works), Prospect
Mountain improvements
▪Carriage Hills & Spruce Knob: $1M DOLA grant, $2.5M BIL
principal forgiveness
23
24
Discussion
25
PUBLIC WORKS Report
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, Public Works Director
Date: October 22, 2024
RE: Arborist Licensing for Tree Services Providers in Estes Park
Purpose of Study Session Item:
Share the information obtained from private tree service providers regarding the
concept of requiring tree service providers to present proof of insurance and certification
as an Arborist by the International Society of Arboriculture (ISA), prior to receiving a
business license to perform work in the Town limits.
Town Board Direction Requested:
Does the Town Board want staff to prepare an amendment to Chapter 5.20 of the Estes
Park Municipal Code to require tree service providers to present their ISA Arborist
certification and proof of insurance, prior to receiving a business license to perform this
work in the Town limits?
Present Situation:
•As stated on the Town’s website: A business license is required for each
business, occupation, or profession within the Town of Estes Park which consists
of selling goods, wares, merchandise or services, the performing or rendering of
service for charge, the leasing, renting or furnishing of accommodation units, and
the carrying on or engaging in any non-residential business. Each business
conducted at a separate location, regardless of ownership, shall obtain and
maintain a separate business license.
•The existing municipal code has only limited content pertaining to tree care (see
the attached Chapter 8.05 - Beetle-Infested trees). Tree service providers are
currently allowed to obtain a Town business license without providing any
documentation of knowledge or qualifications.
•In most of the Front Range communities, tree service workers are required to
provide proof of insurance, ISA Certification, marked vehicles, and some version
of written or field test when applying for a business license.
•Proof of insurance is not currently required to obtain a Town business license.
• At the July 23, 2024 Town Board Study Session, the TB asked PW staff to poll existing
tree service providers regarding the potential impacts of requiring tree service providers
to present proof of insurance and certification as an Arborist by the International Society
of Arboriculture (ISA), prior to receiving a business license to perform work in the Town
limits.
Proposal:
Prepare a future ordinance for Town Board consideration that would require tree service
providers to have the ISA Certified Arborist designation and proof of insurance to obtain
a business license to work within Town limits.
Advantages:
• Obtaining an ISA Certified Arborist credential requires three years of full-time
experience in arboriculture and the ability to pass the certification exam. This
process ensures that one acquires the necessary knowledge and experience to
take care of trees safely and properly.
• There are many native and nonnative pests that can kill a tree in Estes Park.
Tree service providers should know how to properly diagnose how a tree died
and how to handle its wood material, to help ensure that other trees do not
become infected.
• When local tree service providers were asked about their certification status
(Attachment 1), a common theme of their responses was frustration with
unqualified, under-qualified, or uninsured companies coming to town and
providing poor service to the community. Requiring the ISA Certification and
proof of insurance could alleviate this issue.
Disadvantages:
• Requiring this qualification would require staff time from the Town Clerk’s office,
Code Enforcement, and the Town Arborist.
• Enforcement of this requirement would be a challenge, and likely occur on a
complaint-only basis.
• A one or two-year grace period should be extended to providers to allow
sufficient time for completion of their ISA certification process.
Finance/Resource Impact:
Unknown.
Level of Public Interest
Low.
Attachments:
1. 2024 Arborist Questions & Answers
2. ISA Code of Ethics
3. EPMC Chapter 8.05 Beetle-Infested Trees
4. Resource Link: Fort Collins Municipal Code, Chapter 27 – Vegetation
5. Resource Link: ISA Verification Tool
2024 Arborist Questions & Answers
1.Do you currently have any ISA Certified Arborists on staff?
a.If yes: How many, and what are those certifications (Tree Climber, Aerial
Life Specialist, Master Arborist, etc.)?
b.If no: Have you ever thought of obtaining your arborist certification?
•No.
•Yes : 1 ISA Certified Arborist, 1ISA Certified Tree Climber.
•None, but we have a lot of other certifications: chainsaw safety, fire
mitigation, and what about years of experience?
2.The Town Board is considering the possibility of requiring an ISA Certification to
obtain a Town business license to perform tree work within the Town’s limits. This
is standard practice in all other Front Range communities. What are your
thoughts on this becoming a Town of Estes Park requirement?
•We have ISA Certs, insurance, and workers compensation. Most other
companies don’t and can offer work at a lesser price.
•Tough question. Been in the industry for 20 years and have learned
through experience.
•There are so many other certifications out there; why just ISA?
3.What are some of the difficulties with obtaining ISA Certification?
•Nothing, really. If the goal is safety, there are a lot of different certifications
out there, 30-40. Experience is more important.
•No problem. Learned a lot from the study guide that I wouldn’t have
gained elsewhere.
•ISA has a monopoly on the certification around here. It is better than no
system at all.
4.What are some on the benefits of having ISA Certification?
•Knowledge about diseases like tree rot, root health, and overall tree
health.
•A good bar for clients to know where you are at. A standard for safety
education.
5.If certification were to become a Town of Estes Park requirement, how long would
you need to obtain your ISA Certification?
•Give a winter to study.
•A winter season.
ATTACHMENT 1
ISA CODE OF ETHICS
AND
AGREEMENT AND RELEASE AUTHORIZATION
The International Society of Arboriculture, Inc. (ISA) is a voluntary, non-profit, professional
association. ISA certifies qualified practitioners in the field of arboriculture, who have
met the professional knowledge standards established by ISA.
Regardless of any other professional affiliation, this ISA Code of Ethics applies to those
individuals seeking ISA certification (candidates), and all individuals certified by the ISA
as (credential holders). The ISA Code of Ethics establishes appropriate and
enforceable professional conduct standards, and explains the minimal ethical behavior
requirements for credential holders and candidates. The ISA Code of Ethics also serves
as a professional resource for arborists, as well as for those served by credential holders
and candidates, with respect to such standards and requirements.
I.Responsibilities to ISA, the profession and the public.
A. Compliance with all organizational rules, policies and legal requirements.
Credential Holders and candidates must:
1.Comply with all applicable laws, regulations, policies and ethical
standards governing professional practice of arboriculture.
2.Comply with all accepted professional standards related to
arboriculture practice, including national practice standards and
policies.
3.Provide accurate, complete, and truthful representations concerning
all certification and renewal information.
4.Maintain the security of ISA examination information and materials,
including the prevention of unauthorized disclosures of test
information.
5.Cooperate with ISA concerning ethics matters and the collection of
information related to an ethics matter.
6.Report to ISA, in a timely manner, their personal conduct that may
violate any provision of the ISA Code of Ethics or the Ethics Case
Procedures.
7.Refrain from behavior or conduct that is clearly in violation of
professional, ethical, or legal standards related to occupational
services and/or activities.
ATTACHMENT 2
II. Responsibilities to clients, employers, employees, and the public.
A. Responsibilities concerning the performance of professional services.
Credential holders and candidates must:
1. Deliver safe and competent services with objective and
independent professional judgment in decision-making.
2. Recognize the limitations of their professional ability and provide
services only when qualified. The credential holder/candidate is
responsible for determining the limits of his/her own professional
abilities based on qualifications, education, knowledge, skills,
practice experience, and other relevant considerations.
3. Make a reasonable effort to provide appropriate professional
referrals when unable to provide competent professional
assistance.
4. Maintain and respect the confidentiality of sensitive information
obtained in the course of professional activities unless: the
information is reasonably understood to pertain to unlawful activity;
a court or governmental agency lawfully directs the release of the
information; the client or the employer expressly authorizes the
release of specific information; or, the failure to release such
information would likely result in death or serious physical harm to
employees and/or the public.
5. Properly use professional credentials, and provide truthful and
accurate representations concerning education, experience,
competency and the performance of services.
6. Provide truthful and accurate representations to the public in
advertising, public statements, and other representations, and in
the preparation of estimates concerning costs, services and
expected results.
7. Recognize and respect the intellectual property rights of others and
act in an accurate, complete, and truthful manner, including
activities related to professional work and research.
B. Responsibilities concerning conflicts of interest and appearances of
impropriety. Credential holder and candidates must:
1. Disclose to clients or employers significant circumstances that
could be construed as a potential or real conflict of interest or an
appearance of impropriety.
2. Avoid conduct that could cause a conflict of interest with a
client, employer, employee, or the public.
3. Assure that a conflict of interest does not compromise legitimate
interests of a client, employer, employee, or the public and does
not influence or interfere with professional judgments.
4. Refrain from offering or accepting significant payments, gifts or
other forms of compensation or benefits in order to secure work or
that are intended to influence professional judgment.
C. Responsibilities concerning public health and safety. Credential holders and
candidates must:
1. Follow appropriate health and safety procedures, in the course of
performing professional activities, to protect clients, employers,
employees, and the public from conditions where injury and/or
other harm are reasonably foreseeable.
2. Inform appropriate government representatives or agencies
when aware of an activity or circumstance that may cause an
unsafe condition or violate legal requirements.
(1)
(2)
(3)
(a)
(b)
(c)
(d)
(a)
(b)
(1)
(2)
(3)
(a)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(g)
(1)
(2)
(3)
Chapter 8.05 - Beetle-Infested Trees
8.05.010 - Definitions.
In this Chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:
Destruction means cutting and chipping an infested tree; or other method of disposing of an infested tree approved by the Director.
Director means the Public Works Director of the Town or his or her designated agent(s).
Douglas fir beetle means the species Dendroctonus pseudotsugae.
Infested tree means (i) a tree, alive or dead, which is infested with the mountain pine beetle, spruce ips beetle and/or Douglas fir beetle; and (ii) any species or variety of tree that is dead or
substantially dead, and all deadwood to which the bark is still attached which, because of their condition, may serve as a breeding place for the mountain pine beetle, spruce ips beetle and/or
Douglas fir beetle.
Mountain pine beetle means the species Dendroctonus ponderosae.
Occupant means any person in physical possession of any lot, tract or parcel of real property located within the corporate limits of the Town who is not the owner of such property. For the
purposes of this Chapter, occupant does not include the owner of an easement or right-of-way across property.
Owner or landowner means any person who owns any lot, tract or parcel of real property located within the corporate limits of the Town.
Person means an individual, association, partnership, corporation or other legal entity.
Property means any lot, tract or parcel of real property located within the corporate limits of the Town.
Spruce ips beetle means the species Ips hunter and Ips pilifrons.
(Ord. 08-08 §1, 2008)
8.05.020 - Duty of landowner and occupant to permit inspection.
An owner or occupant, whose property may have located on it one (1) or more infested tree(s), shall allow the Director to enter such property for the purpose of immediate inspection of the trees
located upon such property when at least one (1) of the following events has occurred:
The owner or occupant has requested the inspection;
A neighboring landowner or occupant has reported a suspected infested tree and requested an inspection; or
The Director has made a visual observation from a public right-of-way or area and has reason to believe that infested tree or trees exist on the property of the owner or occupant.
(Ord. 08-08 §1, 2008)
8.05.030 - Inspection for infested trees.
Subject to the requirements and limitations of this Section, the Director shall have the right to enter upon any property, whether public or private, during reasonable hours for the
purpose of inspecting for the existence of an infested tree when at least one (1) of the three (3) events described in Section 8.05.020 has occurred. However, no agent or employee of the
Town shall enter upon any property to inspect for an infested tree without the permission of the owner or occupant or without an inspection warrant issued pursuant to this Section.
If verbal permission to inspect the property is not obtained from the affected owner or occupant, the Town shall send written notice to the landowner and any occupant of the property
advising that the Director desires to inspect the property for an infested tree. The notice shall be sent by certified mail. The notice may be sent to the landowner at the address to which
tax notices are sent according to the records of the County Treasurer and to the occupant at the property address. Alternatively, the Director may personally serve such notice upon the
affected owner or occupant. Where possible, inspections shall be scheduled and conducted with the concurrence of the owner or occupant.
If permission to enter upon and inspect the property is not obtained within ten (10) days after the notice described in Subsection (b) of this Section has been received, or within ten (10)
days of date of service if the notice is personally served, the Director may request that an inspection warrant be issued by the Municipal Court. The Municipal Court Judge shall issue an
inspection warrant upon presentation by the Director of an affidavit satisfying the requirements of Rule 241(b)(2) of the Colorado Municipal Court Rules of Procedure. The Municipal Court
Judge may issue an area-wide inspection warrant pursuant to this Section unless otherwise prohibited by law.
In case of an emergency involving imminent danger to public health, safety or welfare, the Director may enter the property to conduct an emergency inspection without a warrant and
without complying with the requirements of this Section.
(Ord. 08-08 §1, 2008)
8.05.040 - Notice of infestation and removal.
If the Director determines that property contains one (1) or more infested trees, the Director shall notify the owner and any occupant of the property. Such notice shall be given either by
certified mail or personal delivery.
The notice shall:
Advise the owner and occupant that the property contains one (1) or more infested trees;
Advise the owner and occupant of Town-approved methods for the removal and destruction of infested trees; and
Advise the owner and occupant that all infested trees must be removed within ten (10) days following receipt of the notice, or that an acceptable plan and schedule for removal of
the infested trees must be submitted to the Director within such ten-day period.
(Ord. 08-08 §1, 2008)
8.05.050 - Abatement order.
In the event the owner fails to comply with the Director's notice as described in Section 8.05.040 by removing the infested trees or submitting an acceptable schedule for such removal
within the applicable ten-day period, the Town has the authority to provide for and complete the removal by obtaining and acting on an abatement order.
Upon the expiration of the period of notice, or at any time thereafter, if the required action has not taken place, the Town may apply to the Municipal Court for an abatement order.
An application for an abatement order shall be accompanied by an affidavit affirming that:
The Director has determined that the subject property has one (1) or more infested trees;
The Director has complied with the notice requirements of Section 8.05.040; and
The owner has failed to remove the infested trees, has failed to submit an acceptable plan for removal of the infested trees within the required time or has failed to remove the
infested trees pursuant to the accepted plan.
The Town shall give notice to the owner and any occupant of the property of its application for an abatement order either by certified mail or by personal service of the notice.
The notice of application for an abatement order shall include a copy of the Town's application and its affidavit in support thereof, as well as the date, time and place at which the Town
will appear before the Municipal Court to request entry of the abatement order.
At the stated time, date and place, the Municipal Court Judge shall review the Town's application for an abatement order, the affidavit and any statement of the Town offered in support
thereof, as well as any statement and evidence presented by the owner or occupant, if present.
The Municipal Court Judge shall issue an abatement order if:
The subject property has one (1) or more infested trees;
The Director has complied with the notice requirements of Section 8.05.040; and
The owner has failed to remove the infested trees, has failed to submit an acceptable plan and schedule for removal of the infested trees within the required time or has failed to
remove the infested trees pursuant to the accepted plan.
ATTACHMENT 3
(h)
(i)
(j)
(k)
(a)
(b)
(c)
An owner is responsible under this Chapter for any infested trees permitted to remain on the owner's property after the Director has given notice of a violation pursuant to Section
8.05.040.
In case of an emergency involving imminent danger to public health, safety or welfare, the Town may authorize immediate removal of any infested tree without notice or an abatement
order.
The Town may pursue the remedies set forth in this Section with or without filing a complaint in the Municipal Court, at the Town's sole discretion.
The owner shall be assessed twice the whole cost of removal of the infested trees from the property, including administrative fees incurred by the Town. If all of the costs and charges
incurred by the Town are not paid within thirty (30) days of the date of the assessment, the unpaid costs shall be certified to the County Treasurer for collection in the same manner as
real property taxes.
(Ord. 08-08 §1, 2008)
8.05.060 - Unlawful acts.
It shall be unlawful and a violation of this Code for any owner to fail or refuse to remove all infested trees from his or her property within the time period provided for in a notice of
violation sent by the Director pursuant to Section 8.05.040 of this Chapter.
It shall be unlawful and a violation of this Code for any owner or occupant to deny the Director access to the property owned or occupied by the owner or occupant if the Director
presents an inspection warrant issued pursuant to this Chapter.
It shall be unlawful and a violation of this Code for any person to expose for sale, offer for sale, transfer, give away or offer to give away any infested tree anywhere within the Town.
(Ord. 08-08 §1, 2008)
8.05.070 - Applicability.
The provisions of this Chapter shall apply to all public and private lands within the corporate limits of the Town.
(Ord. 08-08 §1, 2008)
TOWN BOARD STUDY SESSION
October 22, 2024
Massage Therapist Licensing
No packet material was provided for this
item.
November 12, 2024
•Utility Rates for Service Areas Outside of
Town
•Annexation Overview
•Hosted Short-Term Rentals
•Purchasing: Project Delivery Tools
November 26, 2024
•Paid Parking Season Overview and
Future Funding for the Bighorn Parking
Structure
December 10, 2024
•VEP Dark Skies Initiative
•Multimodal Transportation and Transit
Development Plans
•Liquor License Process
January 28, 2025
•Scoping Project for Capacity
Improvements on the Big Thompson River
and Fall River
Items Approved – Unscheduled:
•Parking Enforcement Ordinance Updates
•Curb and Gutter Philosophy
•Stanley Park Master Plan Implementation
Items for Town Board Consideration:
•None
Future Town Board Study Session Agenda Items
October 22, 2024