Berthoud Weekly Surveyor | Covering all the angles in the Garden Spot

No puppy mill sales and cash in lieu charges for water to increase

June 28, 2019 | Local News

By Rudy Hemmann

The Surveyor

Berthoud is one of the few communities in Colorado to ban the sale of dogs and cats which have been raised in inhumane conditions. It was reported elsewhere that Berthoud was the only community in Colorado to have passed such an ordinance, but that distinction goes to Fountain, Colorado, Their Ordinance 6.04.100 sounds to be a similar ordinance to the one passed by the trustees Tuesday evening. El Paso County and the City of Colorado Springs also have ordinances on the books regulating the roadside sale of dogs.

During a brief discussion the trustees revisited the question of whether to be all inclusive regarding animals other than dogs and cats to be protected by the ordinance. Kirk outlined some of the difficulties in getting the ordinance to include more animals.

A motion in support of an ordinance to prohibit pet shops from selling, bartering, auctioning or otherwise disposing of animals born or raised in inhumane commercial breeding facilities and to promote the adoption of rescue animals was made, seconded and passed unanimously.

Once the vote was finished the board was treated to a round of spontaneous applause from the nearly filled council chamber.

The amount that the town will charge developers for water in residential developments increased by $4,000 Tuesday evening. The charge per Single Family Equivalent (SFE) will increase from $12,500 to $16,500, and since the ordinance was voted on, and passed, as an emergency ordinance it goes into effect immediately. (SFE is a commonly used measure of residential water usage.)

According to a staff memorandum regarding the issue, “At the Board of Trustees meeting on June 11, 2019, The Board directed Staff to amend the Town’s Water Dedication Ordinance to address several issues as soon as possible. Staff was directed to avoid any additional amendments until a study session can be held to discuss theTown’s water dedication policies in depth.”

Three issues which Paul Zilis, the town’s water attorney, stated at the June 11, 2019, meeting required immediate attention are listed below:

Set a new price for cash in lieu of water dedication at $16,500 per SFE. Accept water rights dedications for potable purposes to allow the Town to accept water rights, which are deliverable to Berthoud Reservoir or the Berthoud water treatment plant for of water dedication. Delete the difference in the price for cash in lieu of water dedication between developments and individual building permits.

It is Staff’s recommendation that the Town adopt the attached ordinance amending OrdinanceNo. 1209, “An ordinance of the Town of Berthoud concerning water rights dedication requirements and adopting new water rights dedication requirements.”

During discussion Town Administrator Chris Kirk argued for a delay of up to 60 days before adopting the new ordinance. His reasoning was that developers would be surprised to find the cost for a SFE of water had gone up literally overnight, and that the cost of a Single Family residence would probably increase by $4,000.

In addition Kirk mentioned developers were not happy with the town’s water requirements for water usage for open space, which most of the development community considers to be onerous.

However, the members of the board were more focused on the potential monies which would be lost during those 60 days.

Following lengthy discussion, a motion in favor of Ordinance 1270 “An ordinance amending Ordinance 1209, an ordinance of the Town of Berthoud, concerning water rights dedication requirements and adopting new water rights dedication requirements, was made, seconded and passed on a unanimous 6 to 0 vote.

Town Engineer Stephanie Brothers brought the Phase I bid report before the board. She indicated town staff received bids for this project on June 19.

Town staff reviewed bids for completeness and accuracy for all firms submitting a bid. The project also includes storm water improvements that are part of the Town’s responsibility for the Berthoud Parkway widening.

The three lowest completed bids were from: Gerrard Excavating ($ 978,194.00), DeFalco Construction ($ 1,036,815.00) and Sage Design Build ($1,402,128.00)

Brothers recommended the low bidder, Gerrard Excavating, for the project. She stated not only was Gerrard the low bidder, but they are easy to work with and the company recently finished a similar project near Marrianna Butte. Brothers stated the project will be funded through the Park Development Fund and the Stormwater Capital fund.

A motion authorizing the town administrator to award phase I of the Berthoud Reservoir project to Gerrard Excavating was made, seconded and passed unanimously.

In other action the trustees considered the first reading for amendments to the towns weed and brush municipal code.  

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