Rico Town Board approves first reading of dog ordinance

At the regular Rico Town Board meeting held on Oct. 17, under Board of Trustees Report, Mayor David Kunz mentioned the employees’ evaluation is coming up before the end of the year. Gary Reid volunteered to do the evaluation and David Kunz.

Under Old Business, Dick Lanning reported that he applied for a grant with the Rico Center regarding the speed control device.

Mr. Lanning asked about the work plan and he was told it was removed from the agenda until next month.

Under New Business, Rico Master Plan: Recreation, Dick Lanning suggested having some type of recreation in the Master Plan. Town Attorney Susan Baker suggested to Mr. Lanning that he starts with the Planning Commission. The Planning Commission will be amending the Rico Land Use Code in the spring and that would be a good time to talk about recreation also.

Public Hearing: New Fence for Property at 110 S. Glasgow Avenue Located in Rico Historic Commercial Zone District. Town Manager Mike England said that the Morris family is requesting a review concerning their previously approved proposed fence located on their property at 110 S. Glasgow Ave. As required by the Rico Land Use Code-Section 243.11. The Board of Trustees shall review all proposed structures, alteration of structures and located within the Historic Commercial Zone District. The Morris family is proposing to build a new fence as described in the detailed drawing that is enclosed with this request. The RLUC fence requirements for the Historic Commercial Zone District under Section 243.6 states “fences shall be constructed using rough cut or milled wood, natural stone, brick, wrought iron and any combination of these materials”. The Morris family proposal is requesting clarification on whether wrought iron and rebar is considered the same type of material and if it would be acceptable to the town board. The Morrises would like to use rebar as described in the detailed proposal. With no further discussion, the Town Board approved the Morris’ request.

The Consideration of 1st Reading for Ordinance No. 2012-1, Dog Ordinance was presented for approval. Town Attorney Susan Baker pointed out the changes that were made by the Board from the August meeting. Dick Lanning suggested adding age- 65 or older. The Town Board approved the 1st Reading for Ordinance No. 2012-1 as amended.

The Consideration of 1st Reading for Ordinance No. 2012-2, Adopting the Year 2013 Town Budget, Appropriating Sums of Money and Setting and Certifying Town Mill Levies. Town Manager Michael England reviewed the budget with the Town Board. The Town Board approved the 1st Reading for Ordinance No. 2012-2 as presented.

The Consideration of 1st Reading for Ordinance No. 2012-3, Amending the 2011 Budget to Reflect Additional Revenues and Expenditures. With no discussion, Town Board approved the 1st Reading for Ordinance No. 2012-3 as presented.

Discussion regarding Trees Located in Towns Right-of-Way. As requested by the Board of Trustees, Town Attorney Susan Baker researched issues regarding the maintenance of trees in the public right-of-way and submitted an ordinance from Denver. Interestingly cities such as Denver have ordinance that requires the adjacent property owner to manage trees including pruning. The City of Denver requires a property owner to specifically obtain a tree removal permit to remove problem trees located in the public right-of-way. This permit provides checks and balances to tree removal, allowing for the removal of trees which are hazardous, while at the same time preventing the arbitrary removal of trees where it is not needed.

For now or unless the Board determines that it wishes to enact similar measures, Ms. Baker suggested that the Town merely establish a protocol to ask property owners to come before the Town Board or Town Manager to seek approval before removing hazardous trees in the public right-of-way. This protocol could also apply to the substantial pruning of trees, as opposed to only minimal pruning, which should not require Town approval. After some discussion the Town Board suggested to keep it informal and an ordinance is not necessary. The Town Staff was directed to handle the situation with Kay Crane in regards to the tree.