Berthoud Town Board 3/12/24

For more information (including members in attendance) see the full notes document here.*

View the meeting agenda.

A video recording of the meeting is available here.

From the Town website – “The Town of Berthoud is governed by a seven-member Board. The Mayor and Trustees are the policy makers elected to represent the community and to concentrate on policy issues that are responsive to the needs and wishes of the community. The Town of Berthoud is committed to transparent, collegial, ethical local government, and has adopted the "Town of Berthoud Code of Conduct for Elected Officials, Boards and Commissions" to provide guidance assisting Public Servants in the performance of their duties in a manner which serves the public interest and honors public trust.”

Key Points

Public Comments

Leslie, a resident of Berthoud, explained, in her opinion, 2 “eyesores” off Mountain Ave. She asked when the board was going to do something about these.

Len and Amber referred to tonight’s Executive Session topic without going into detail. The pair of residents asked the board to put themselves in their shoes, and how they would want to be treated. The couple said they were wronged about a year ago. The town official at that time was terminated, however, no repairs have been done. They’ve hired a lawyer, an engineer, and a leak expert, and feel forced into legal action.

Ordinance No. 1334 – General Code Amendments regarding Sign Code was unanimously approved. The Director of Community Development, Anne Johnson, reviewed proposed changes to 4 sections of the town’s Sign Code.

1. Definitions – technical corrections to wording of types of signs.
2. Zoning – move the Mountain Ave. sign regulations to the new Sign Code.
3. Terminology – change “construction site” signs to “site signs”.
4. Sign Code – repeal and replace the current code for signage to clarify, replace, adjust verbiage, and add graphics.

Sidewalk signs and banners were the main topics of change. The Town Board agreed that the “A” wood frame sandwich shop signs are the most acceptable. Electronic or plastic frame signs were less desirable.

Banner signs for special events should be kept at 60’ or less, and left hanging for only 15 days at a time. Resident complaints have been about signs/banners still hanging long after the event has passed.

Ordinance No. 1335 – General Code Amendments regarding Innovation District/1^st Street Corridor was unanimously approved. Plan design guidelines for improving the 1st Street Corridor were approved in April of 2023. This amendment includes these new features:

1. Designated boundaries starting at 1^st Street and Mountain, west to Hwy 287.
2. Applicable standards for parking and signage under the new sign code.
3. Identifies which land use codes the design plans fall under.

Oil and Gas regulations were introduced by Oil & Gas Attorney Mike Foote. There was no action taken at tonight’s meeting.

The Town Board wants to update the Municipal Codes regulating oil and gas development within Berthoud’s city limits to lessen impacts on public health, safety, welfare, the environment, and wildlife. The full presentation and board discussion can be viewed on YouTube:

There have been 6 meetings addressing a proposed oil and gas development since June 28, 2022. Oil & Gas Attorney Foote reviewed the application process, protective regulations, and industry feedback he’s received. In a memo to the Mayor, Board, and other town leaders, The American Petroleum Institute (API) of Colorado proposed the following areas of revision to Berthoud’s draft regulations:

• Definitions of Best Management Practices, Childcare Center, Completions, Cumulative Impacts, Oil and Gas Location, Oil and Gas Operation, and Venting.
• Location restrictions.
• Air quality monitoring and air quality reduction measures.
• Chemical disclosure.
• Emergency response.
• Pipelines.
• Leak detection and repair.
• Noise reduction.

During public comment, a couple of residents who work in the oil and gas industry spoke to reassure the board about underground pipeline locations, surveys, permits, and the use of geologists who know what’s underground and are aware of any potential hazards.

A resident farmer said some farms own mineral rights on their land, and he wanted to know if the city was aware of how this oil and gas development might impact local farmers. He said many farmers are deciding to leave farming. Having oil and gas drilling close by isn’t going to help save local farms, he said.

The Trustees still have concerns about air quality and any effects of drilling close to water sources. The Mayor and Trustees asked Foote if he would review Colorado’s air quality regulations again and make recommendations for potentially improved, stiffer regulations than what the state requires. Foote agreed to further review and submit an assessment with recommendations for potentially stiffer local regulations that can be imposed by the Town of Berthoud. A first draft is scheduled to be presented to the board at the April 9 meeting.

There was no further business, and the meeting was adjourned at 9:30 p.m.

The Board went into Executive Session.

Pursuant to C.R.S. § 24-6-402(4)(e)(I) to determine positions relative to matters that may be subject to negotiations, developing a strategy for negotiations, and instructing the negotiators. The following is provided for informational purposes: 1 Street Sewer Easements.

To conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions pursuant to C.R.S. Section 24-6-402(4)(b).

The following is provided for informational purposes: Potential Litigation

Next meeting is March 26, 2024, via Zoom, or in-person at 807 Mountain Ave., Town Board Room, Berthoud, CO

Questions

Are specific businesses going to be impacted by sign code changes?

Has the town made citizens aware of its pending regulations for oil and gas development?

*Citizen Observers further the commitment of the League of Women Voters to its principle of Citizens Right to Know, however, we are not acting as journalists. Omissions and errors are possible. It is assumed that users of this information are responsible for their own fact-checking. This could include contacting a government clerk, conversing with an elected official or staff, and/or asking us to speak to the Observer who attended.