NEDERLAND - Water and land conservation were the prime subjects on the agenda for the Nederland Board of Trustees’ meeting on Tuesday, February 4, 2025.

Before the start of their meeting, the Board held a closed Executive Session pertaining to both Nederland and Eldora’s open cases in Colorado Water Court.

The stated purpose of the session was to “receive legal advice and to instruct negotiators regarding Nederland’s Application for Reasonable Diligence, Water Court Case No. 24CW3021, and Eldora’s Application for Conditional Storage Rights, Water Court Case No. 23CW3176.”

On February 6, 2024, Resolution 2024-12 was passed, authorizing the filing of an Application for Finding of Reasonable Diligence with Colorado water court for conditional water rights for a 100 acre-foot Nederland Reservoir.

Just months prior to approving the resolution, the Town of Nederland had opposed a similar water court application from Eldora Enterprises LLC, for water storage rights for three new reservoir structures, and for the rights to expand its existing water reservoirs. 

The BOT approved a Letter of Support for The Conservation Fund’s pursuit of grant funding to attempt to acquire Tolland Ranch. The 3,334 acre property connects the James Peak Wilderness, Indian Peaks Wilderness, and Eldora ski area.

Mayor Billy Giblin’s letter deems the space “critical high country terrain,” noting its location at being at the top of the South Boulder Creek watershed. “This acquisition is about more than just protecting land—it’s about bringing partners together to ensure a sustainable future for this region,” Giblin’s letter reads.

If the acquisition is successful, the ranch would fall under Colorado Parks & Wildlife’s ownership, which, Giblin stated “would allow for coordinated, landscape-scale management, ensuring that conservation, recreation, and public access work hand-in-hand.”

“By collaborating with Boulder County, Gilpin County, The Conservation Fund, and local stakeholders, we can ensure that the management of Tolland Ranch aligns with broader regional goals—enhancing outdoor opportunities, maintaining ecological integrity, and reinforcing the economic benefits of responsible recreation,” Giblin wrote. 

Trustees also heard a brief proposal that the the Town apply for the Energy Improvements in Rural and Remote Areas (ERA) grant to help fund renewable energy initiatives at the Town’s Wastewater Treatment Plant.

The first step of the application process for this grant requires the Town to submit a draft concept paper, detailing the plan to install a microgrid at the plant, which would operate off solar power and battery storage.

Utilities Manager Andrew Bliss, Sustainability Coordinator Cass Grady, the Sustainability Advisory Board, and subject matter experts at the National Renewable Energy Laboratory will be responsible for drafting the concept. 

Town staff is hoping to secure a Local Match grant through the Department of Local Affairs and the Office of Economic Development and International Trade to cover the cost of matching the ERA grant. It was stated that if the Town does not secure the matching funds in this matter then it will no longer pursue the ERA grant. 

The Board approved Town staff to move forward with drafting the concept paper. 

This discussion of grant funding correlated with an informational item on the Board’s agenda, regarding the Trump Administration’s order to the Office of Management and Budget to freeze all federal grants, loans, and payouts from financial assistance programs.

The Agenda Information Memorandum (AIM), prepared by Town Administrator Jonathan Cain, states that the Town of Nederland was relying on federal funding for transportation infrastructure projects, including the Safer Main Streets initiative, which was aimed to improve Nederland’s dangerous sidewalks and crosswalks. 

The Big Springs Emergency Egress project was also expected to be funded through the Federal Emergency Management Agency (FEMA). 

For more detailed coverage of this issue, please read the article, “Peak Report: federal funding freeze” in this edition of The Mountain-Ear. 

For their first Action Item of the night, the Board served as the Local Liquor Licensing Authority (LLLA) for a public hearing regarding Resolution 2025-01. The resolution pertains to RBM LLC’s application for a new Hotel & Restaurant liquor license for The Mountain Cafe, located at 132 North Jefferson Street.

The former business at that location, Diner Bar, had abandoned its lease and liquor license. The Mountain Cafe, owned by local businesswoman Resham Gurung through RBM LLC, is expanding its hours of operation and is hoping to taking advantage of the full bar already constructed on premises. 

An investigation conducted by Town staff ascertained that the location is not within 500 feet of a school, is permitted to sell alcohol based on its zoning, all State and local application and licensing fees have been submitted, and that neither the particular location, nor any other within 500 feet of it, have been denied a liquor license within the past two years. 

The Board, acting as the LLLA, were to base their decision after having considered the following criteria: that notice of the hearing was visibly posted on premises; that no similar application for that location has been denied within the last two years; and that the applicant is “of good moral character.” 

The LLLA had no questions for the applicant. Former Trustees Jesse Seavers and Eric Coombs-Esmail spoke in support of Gurung, noting her success as a businesswoman and, in relation to her moral character, her community-minded spirit, shown through her fundraising efforts and volunteerism. 

Resolution 2025-01 was approved unanimously, with the application for a new Hotel & Restaurant liquor license being issued in Gurung’s name. 

Trustees also voted on Emergency Ordinance 872, which involves approval of a ground lease drafted by TEENS, Inc., regarding development of a childcare facility at 750 West 5th Street. 

The proposal from TEENS, Inc. to lease the town-owned parcel for 99 years, at the cost of one dollar a year, was approved by the electorate after the Board’s original vote of approval was challenged by some residents. 

The Board has since amended the zoning code to allow private childcare centers to operate on public-zoned property, pending approval through a special review use process. They have also vacated the right-of-way for 5th Street in order to add the square-footage to the parcel. 

Environmental testing has also been completed, which, according to the AIM, confirmed “no hazardous substances on the property.”

The draft ground lease also specifies that TEENS, Inc. can terminate its agreement with the Town of Nederland at any point without penalty, and will terminate automatically if construction is not completed by December 31, 2027.

The lease also dictates that TEENS, Inc. “must secure permits, financing, and a performance bond before starting construction,” “will maintain the property in good working order,” be responsible for “all utility costs during the lease term,” as well as being responsible for “paying all building fees, utility Plant Investment Fees, and any other associated costs related to construction and operation.”

As for why the ordinance was being presented as an emergency ordinance, Cain stated that it was a matter of “public good,” and that an emergency ordinance would be immediately implemented, allowing TEENS, Inc. proper time to meet their goals in order to break ground by April. 

Trustees seemingly responded to emails from the public, which were not included in the agenda, regarding several issues that will not be addressed until the permitting and licensing processes. Such issues include the timeline for completion of traffic studies and collection of data regarding the potential impact of sound on the surrounding neighborhood. 

There was also some confusion expressed in these public emails pertaining to the size of the project, which TEENS, Inc. Executive Director Stephen LeFaiver addressed, stating that the building will be 8,600 square feet and only one story.

LeFaiver added that, due to licensing requirements, the size of the building could not be reduced as it would affect their programming.   

The Board voted six to one to approve Emergency Ordinance 872, approving the ground lease between Lessor The Town of Nederland and Lessee TEENS, Inc. for 750 West 5th Street.   

Ayden Eickhoff and Gabby Voeller from the firm SE Group led the Board through a discussion on the latest draft of the Town of Nederland’s Comprehensive Plan update. Community Planner Britt DeMinck, Planning Commission Chair Jim Reis, and Commissioner Roger Cornell were also present to discuss the draft with the Board. 

The Planning Commission recently reviewed the draft on January 22, during which Commissioners asked for language to be added that clarifies the intention of suggestions made within the plan, particularly regarding a map of proposed land use and future development.

As a result, SE Group changed proactive terms, such as “actions” and “implement,” to what Eickhoff called “softer” terms, such as “strategies” and “explore.” 

Despite Town staff recommending expediency on approving the plan, Commissioners agreed on one more meeting, in order to hold a public hearing with a last round of public comment on the final draft.

Tania Corvalan asked about some of SE Group’s suggestions made within the plan, including the suggestion to change Town’s on-street parking requirements to benefit developers. Eickhoff described the intention of their suggestion as being a tool to promote housing development. 

Corvalan mentioned concern with the suggestion of implementing a Just Cause Eviction clause, which prohibits landlords from evicting tenants who are not guilty of “an unlawful detention of real property under certain circumstances described in existing law.”

Landlords can also evict tenants on the grounds of a no-fault eviction, which is when there is demolition, conversion, repairs, or renovations planned for the property, when the landlord or a family member of the landlord assumes occupancy, or when the property is being sold.  

Trustee Luke Miller, who is also liaison for the Parks, Recreation, and Open Space Advisory Board, asked for mention of the Town creating a potential recreational district to be added to the final draft of the plan.

Board members also made suggestions about including NedRink as a potential area for recreational expansion, and about editing the land use map in regard to the legal designations of open spaces that, on the current draft, are labeled as public land. 

Mayor Giblin asked why the Comprehensive Plan draft is not more actionable when the Board’s original intention was to create something “with teeth.”

Commissioner Reis said that they went for “flexibility” in the Comprehensive Plan, assuming the scenario that the Town’s priorities change within the 10-year range that the plan is intended to cover. Reis also noted that more ambiguity in the plan means less pushback from the community when some actions inevitably fail to launch.

Town staff will work with SE Group to incorporate the Board's suggestions into the plan. A new draft will be presented to the Commission to be reviewed before a public hearing during their next meeting on February 26, 2025. 

The Nederland Board of Trustees meets on the first and third Tuesday of every month. The next meeting is scheduled for Tuesday, February 18, 2025, at 7 p.m. and can be attended either online or in person at the Nederland Community Center. 

For more information go to: https://townofnederland.colorado.gov/board-of-trustees.