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

Trustees discuss annexation and retail marijuana for April 3 mail-ballot

February 01, 2018 | Local News

By Rudy Hemmann

The Surveyor

A special meeting of the Berthoud Board of Trustees was called Tuesday evening in order for the board to consider ballot language for two resolutions which will appear as questions on the town’s municipal mail-ballot election to be held April 3, 2018.

The first of these is a question regarding whether the electors will allow the town to annex a property located north and west of the Heron Lakes Golf Course. An information sheet for the item states, “Heron Lakes Investments has approached the Town with a request to annex property located south of County Road 14 and immediately west of the existing Heron Lakes Golf Club

While staff believes there is merit to the request for annexation, Ordinance No. 1180 of the Town Board requires any new annexation west of County Road 19 be approved by the voters of the Town prior to being approved by the board. During the board of trustees regular meeting, held Jan. 23, 2018, the board suggested staff hold a special meeting to consider the request to place the referenced annexation on the ballot for the April 2018 election.

Should the matter be placed on the ballot, and subsequently approved by the voters, formal annexation proceedings will still need to occur prior to the annexation being finalized.

The property in question was purchased for the expressed purpose of gaining access to Lone Tree Reservoir.

Discussion concerning the resolution was aimed to find out precisely what uses would be allowed on the property once it was annexed. Town Administrator Christopher Kirk reminded the trustees that the item before the board was the question of whether the town would be allowed by the voters to annex the property. Discussions regarding uses of the property would have to wait until future meetings.

A motion approving a resolution to submit to the electors in the election to be held April 3, 2018, concerning whether the town of Berthoud shall be authorized to annex a parcel of land … which lies outside the 2012 growth-management area of the town was made, seconded and approved unanimously.

The second item was regarding the ballot language allowing retail marijuana businesses within the town limits. Mayor Steve Mulvihill chaffed at the language used in the draft of the ballot question presented by the town attorney. Specifically, Mulvihill stated his objection to the measure, as written, would allow changes to the retail sale of marijuana without voter approval. This oversight was remedied by the Town Attorney Greg Bell doing a quick rewrite of the draft to read:

“Shall the establishment and operation of retail marijuana sales by municipally licensed medical dispensaries be permitted in the Town of Berthoud, Colorado, subject to the fees and taxes heretofore approved by voters of the Town and subject to all requirements of the Colorado Retail Marijuana Code and regulations to be adopted by the Town Board of Trustees?”

A motion to approve this new draft was made, seconded and unanimously approved.



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