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Nederland focuses on annexation, parking, police and more

Christopher Kelley
Posted 3/23/23

On Tuesday, March 21, 2023, Mayor Billy Giblin, members of the Nederland Board of Trustees (BOT), and members of Town staff met with the community at the Nederland Community Center at 6 p.m. to

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Nederland focuses on annexation, parking, police and more

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On Tuesday, March 21, 2023, Mayor Billy Giblin, members of the Nederland Board of Trustees (BOT), and members of Town staff met with the community at the Nederland Community Center at 6 p.m. to discuss the Town’s current annexation policy as well as a potential new intergovernmental agreement (IGA) with Boulder County.

Ordinance 834 had repealed and replaced Nederland Municipal Code (NMC) Chapter 15 on December 20, 2022 after three months of discussion, and became the enforcing document concerning matters of annexation, which were previously dictated by the IGA with Boulder County. The IGA expired on December 31, 2022.

Nederland residents have been very vocal on the topic of annexation, Ordinance 834, and the IGA being allowed to expire. A community engagement meeting on these subjects was held at the Nederland Community Library on March 13, during which the public expressed approval of a new IGA with Boulder County.

The public viewed the IGA as a more concrete document than the comprehensive plan in regard to protecting Nederland’s interests, such as the protection of its natural surroundings and promoting infill development. Residents also felt that the IGA provided a better structure for enforcing Town’s vision and goals for the future, as outlined in the comprehensive plan and Envision 2030.

Mayor Giblin, Trustees, and Town Staff discussed the history of the IGA with Boulder County, why the BOT allowed the IGA to expire, and also heard from the public on ideas for what should be included in a potential new IGA with Boulder County that would coincide with the Town’s comprehensive plan, which is expected to be updated.

As for the most recent history of the previous IGA, which expired at the end of December, 2022, an amendment to the agreement that involved matters of annexation was being drafted by Boulder County. However, the Marshal Fire, COVID pandemic, and various staff changes within the County caused the amendment to be continuously delayed.

Months prior to the IGA expiring the BOT began discussing drafting their own annexation policy as a document that is enforceable with or without an IGA with Boulder County. Trustee Eric Coombs-Esmail expressed his opinion that relying on an IGA as a proxy, as opposed to addressing the deficiencies in Nederland’s own code, puts the Town at a disadvantage.

Coombs-Esmail explained what Ordinance 834 covers and fielded questions regarding the timing requirements for applications to be reviewed by Nederland’s various boards and commissions. Coombs- Esmail and Town Attorney Jennifer Madsen detailed how state law requires that a public hearing on an annexation application be set within 60 days after the BOT initially reviews the application.

Nederland residents were given three minutes each to comment specifically on suggestions for amendments to Ordinance 834. Residents desired for Trustees and Town Staff to consider the amount of work being put on those applicants desiring annexation. There were many comments about requiring a public vote on annexation applications as opposed to putting the onus on the public to submit a petition, as is currently stated in Ordinance 834.

Residents also provided Trustees and Town staff with their opinions involving potentially drafting a new IGA with Boulder County. Those who spoke in favor of a new IGA believed that an agreement with Boulder County would be beneficial in other areas besides annexation, such as law enforcement and transportation initiatives.

Those opposed to a new IGA believed that Boulder County has been too restrictive in the past, which has prevented many projects, some involving affordable housing proposals, from moving forward. There were also comments made that pertained to the Town’s need for an updated comprehensive plan in order to cement its identity and ideology, before considering entering into another IGA.

One comment, focusing mainly on how much of the opposition to annexation appears based in opposition to affordable housing, urged Trustees to think about Nederland’s people, not just its properties, when considering such policies and impactful decisions in the future.

Following the Town Hall, the BOT met at 8 p.m. for their regular meeting. to discuss possible solutions to Nederland’s parking problems, and to hear a presentation regarding paid parking initiatives for East 1st Street and the Visitors Center. Trustees also sought actionable results concerning contracting with the Boulder County Sheriff’s Office (BCSO) for law enforcement and amending NMC to further regulate lot line consolidation requests in the Central Business District (CBD).

The BOT first approved a Request for Proposal (RFP) to seek bids from professional consulting services in order to complete a study of potential emergency egress routes out of the Big Springs neighborhood. The BOT voted to utilize a portion of the Community Project Funding grant to identify egress routes in May, 2022.

The Town of Nederland will release the RFP on Wednesday, March 22, with a submittal date of April 19. Proposals will be evaluated by Town staff in order for a recommendation on a consultant to be sent to the BOT by their meeting on May 2.

On March 7, the BOT had voted in favor of completing a full update of the Comprehensive Plan, which has not been updated since 2013. Staff offered to contact Nederland’s DOLA representative in order to express interest in the Energy/ Mineral Impact Assistance Fund Grant (EIAF) of $200,000, which requires a 50% match from the Town.

The BOT approved the application for the EIAF, with the 50% required match to come from a supplemental budget.

Trustees also approved a request from the property owners of 879 County Road 128W to be connected to Nederland water and sewer utilities.

The BOT were tasked with giving their approval of an IGA with BCSO for law enforcement services at a staffing level of one full-time sergeant, two full-time deputies, one backfill deputy, and 50% of dedicated time from a detective (Option C). The BOT had approved that level of staffing on February 28. Trustees were able to revisit the discussion regarding the staffing level.

Trustee Tania Corvalan wished to amend the draft IGA with BCSO to include a higher amount of staffing, specifically one full-time sergeant, three full-time deputies, one backfill deputy, and 50% of dedicated time from a detective (Option B). This level of coverage was closest to what was recommended by former Town Marshal Jennifer Fine-Loven, which had also been approved by the majority of residents.

Mayor Giblin clarified his position to opt for the lower amount of offered coverage. Giblin stated that his decision to vote for Option C was based on the size of Nederland’s population, especially when compared to municipalities such as Lyons, with a population of 2,000, which pays less than the option Giblin and the BOT had previously approved, $711,642 a year.

A motion was made to repeal the BOT’s previous decision to approve Option C. The motion was approved by a 4-3 vote. A motion was then made to approve Option B as the level of law enforcement coverage to be provided by the BCSO, which was also approved 4-3. A final motion was made to approve the IGA with BCSO, which was unanimously approved.

Town Administrator Miranda Fisher presented Ordinance 838, which amends NMC Chapters 16 and 17, making any application for lot line consolidation that is already approved by the Planning Commission to be subject to the Planned Unit Development (PUD) process, regardless of lot size.

The PUD regulatory process involves lot line consolidation applications to be reviewed by the BOT under certain standards of approval and evaluating criteria; the purpose of which is to clarify whether or not the applicant’s intention for the consolidated property meets Town’s goals and vision for future development.

On Wednesday, March 15, the Planning Commission voted to recommend approval of Ordinance 838. If approved by the BOT, the new ordinance will become effective on April 23, with one lot line consolidation application tentatively set to go before the Planning Commission during their next meeting on April 26.

The BOT voted unanimously to approve Ordinance 838.

Fisher then presented for approval a Parks Department request to apply for the Transportation Alternatives Program (TAP) grant to fund a replacement of the rock and sand sidewalks on Snyder Street, Second Street, and East Street. The sidewalks were constructed in 2015 and 2016 and were intended to improve mobility through town and address drainage issues in that area, though the sentiment among residents is that the sidewalks fail in that intention.

The request was for $321,367.50 from TAP, with the Town being responsible for a 20% match of $64,273.50. With the due date for applications to the grant set for Friday, March 24, Town staff would not be able to request funding support from the Nederland Downtown Development Authority until their meeting scheduled for April 12.

Parks Department Director Nicki Dunn spoke to the Trustees about the issues with the sidewalks, which became apparent to Dunn the first year they were implemented. Dunn noted that the water runoff problems created by the sidewalks, and the lack of ADA compliance have become a daily problem for her and her department to deal with.

The BOT voted to approve the request from the Parks Department to apply for funding from the TAP grant to address the sidewalks.

The BOT then approved an applicant to the position of board member on the Parks, Recreation, and Open Space Advisory Board (PROSAB). On February 16, PROSAB Chair Jessie Ansari officially resigned from her position. Town Staff collected applications for the position and received applications from Jason Swann and Lindsey Ute.

PROSAB voted 4 - 3 to recommend Swann to be appointed to the vacant board position. In the time between PROSAB’s decision on March 16 and the Tuesday, March 21 BOT meeting, PROSAB member Brian Curtis, whose term ends this coming June, announced his resignation, relinquishing his position to one of the applicants.

The BOT then voted unanimously to appoint both Swann and Ute to the two vacant board positions on PROSAB.

Streets Manager Mark Hall led Trustees in a discussion concerning purchasing a new water truck, new motor grader, and a new flatbed diesel truck under a five-year loan agreement for $600,000, with an annual repayment amount of $140,000. Trustees were presented with quotes from several different providers on the cost of the equipment, as well as proposals from three different lenders.

Quotes for a new water truck ran from $89,500 to $159,169. A new water truck would assist the Streets Department in keeping the roads wet during the grading process without the need for multiple refill trips.

One quote of $370,719 was given for a new motor grader.

The Streets Department wishes to utilize a new flatbed diesel truck for the transporting of culverts through town as a drainage remedy. Quotes for the truck ran from $65,000 to $85,000.

Hall mentioned that brand new vehicles could last the Streets Department more than 20 years and that a new motor grader alone would be the biggest update the department has seen in a long time.

Town Treasurer Rita Six was asked which bank she would prefer to work with. She recommended a fiveyear loan from Clayton Holdings, a subsidiary of Commerce Bank.

Trustees were mostly in favor of purchasing the equipment by taking out a five-year loan. The matter will return on their April 4, meeting agenda with a contract from one of the banks to be approved.

Hall, Fisher, and Community Planner Britt DeMinck prepared a discussion for the BOT involving recommendations on solutions to Nederland’s parking problem. Town staff recommended extending the moratorium on off-street parking requirements in the CBD and payments to the commercial parking fund until April 30, 2024, due to a parking study being conducted.

Town staff also recommended that the Trustees wait on developing parking until the Transportation Multimodal Plan is complete in April, 2024. The considerations for developing parking spaces include creating 26 parallel spaces along Lakeview Drive down to Rodeo Court, 80 spaces on the Old Town Shop Site, and 40 spaces by reevaluating parking at the Chipeta Park lot.

The Streets Department would require a $17,500 supplemental budget if Trustees do not want to wait until next year to develop parking spaces, in order to pay for parking markers and staff overtime.

It was mentioned that the Town has been engaging in conversations with RTD concerning building a two-level parking garage on their lot. RTD is agreeable, though only if the Town would be responsible for paying the full estimated $4 million at $25,000 per parking space for 160 spaces.

The BOT also heard information about Interstate Parking Company of Colorado, a third-party company hoping to contract with Nederland for administering, enforcing, and maintaining a potential paid parking plan for East 1st Street. Interstate Parking currently is contracted with Idaho Springs, overseeing their paid parking system.

Trustees approved extending the parking moratorium, and waiting until after the Transportation Multimodal Plan to develop paid parking. They agreed not to wait until next year to reevaluate parking spaces at the Chipeta Park lot.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, April 4, 2023, at 7 p.m. and can now be attended either online or in person at the Nederland Community Center. For more information: https:// townofnederland. colorado. gov/ board-of-trustees.