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Trustees look at downtown redevelopment in 2023

Posted 12/29/23

The Nederland Board of Trustees (BOT) spent 2023 discussing informed opinions on vital proposals, with a focus on stabilization. Trustees made proactive decisions on major issues such as property

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Trustees look at downtown redevelopment in 2023

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The Nederland Board of Trustees (BOT) spent 2023 discussing informed opinions on vital proposals, with a focus on stabilization. Trustees made proactive decisions on major issues such as property rezoning, parking moratoriums, and lot consolidations, and made multiple changes to Nederland Municipal Code (NMC) regarding incentives for affordable and alternative housing development.

The following is a recapitulation of the work that Trustees have discussed and approved, as well as the projects that have been completed throughout 2023, and those still in development.

On January 3, the BOT amended the Town Administrator Employee Agreement to include a cost of living increase for the new year, and approved a property owner’s request to connect to the Town’s water and sewer utilities.

The BOT attended a collaborative Work Session with the NDDA on January 10; and on January 17 the BOT appointed John Mountain to the vacant BOT seat by a 4-1 vote and approved an emergency moratorium to suspend the processing of any new land-use applications for the Central Business District (CBD).

Also on January 17, Nederland’s Sustainability Coordinator, Eryka Thorley, resigned; prospective Town Marshal for the defunct Nederland Police Department Daniel Gledhill declined the Town’s offer for the position; and Nederland hired a new Community Planner, Britt DeMinck.

Trustee Mountain was sworn in on February 1, with his first official meeting taking place on February 7, during which the Board was given a presentation by Dr. Bob Widner of the legal firm Widner Juran LLP concerning community planning and the development of land-use tools. The information provided led the BOT into considering an update to the Town’s Comprehensive Plan with an emphasis on changing zoning code to ease development restrictions in the CBD.

Trustees also amended the Town’s financial policies in order to allow for the investment of Nederland’s revenue into fund trusts, reinstated Class A licenses to allow for detached accessory dwelling units (ADUs) to be used as short-term rentals (STRs), and were updated on the hiring of a new Sustainability Coordinator, Leah Haney.

A special Town Hall meeting was held on February 13 at the Nederland Community Library, during which some Trustees had a public conversation with property owner Ron Mitchell concerning his proposal for CBD redevelopment.

On February 21, the BOT approved sending Trustee Jesse Seavers to the International Mountain Bicycling Association’s Trail Lab in Arkansas, for $1,350. Trustees also approved pursuing a Tourism Management Grant to fund a consultant to develop a brand identity for the Town, and voted to allow the emergency moratorium on lot-use applications for the CBD to expire.

A Special Meeting was held on February 28, during which the Board thoroughly discussed the staffing options for law enforcement being offered by Boulder County Sheriff’s Office (BCSO). The BOT approved a contract with BCSO.

During their meeting on March 7, Trustees voted to approve a full update to the Comprehensive Plan, and directed Town staff to pursue hiring consultants for the project. The Board also approved the Town investing $1.5 million dollars with CSAFE, and voted unanimously to approve splitting the Town’s Administrative Support Manager position into two positions: a Public Engagement Manager and Administrative Assistant.

The BOT held a Town Hall meeting on March 21 to address the community’s questions regarding the Town’s Annexation Policy. During their regular meeting, scheduled after the Town Hall, the Board repealed their previous decision concerning law enforcement coverage and instead opted for more coverage from the BCSO.

Also on March 21, the BOT approved applying for a Department of Local Affairs Energy/Mineral Impact Assistance Fund grant of $200,000 to fund a full Comprehensive Plan update. They also amended NMC Chapter 16 and 17 to require lot line consolidation requests to be subject to the planned unit development (PUD) process.

On April 4, the Board approved an agreement with Kinser Membrane Solutions LLC to conduct an ultrafiltration system evaluation for the Town’s Water Treatment Plant. They also approved entering into a five-year loan agreement with Clayton Holdings LLC for $511,000 to purchase new equipment for the Streets Department.

A request from property owner Mitchell to rezone his lot on 100 1st Street to allow for the development of a paid parking lot was brought before the BOT. A motion to deny the request failed in a 4-3 vote, and a motion to approve the request passed 5 - 2. Trustees also directed Town Attorney Jennifer Madsen to draft amendments to NMC regarding municipal elections and Trustee term limits.

On May 2, Trustees were presented with an update regarding the Housing Needs Assessment being conducted by civil engineering professionals Bohannan Huston Inc. (BHI). The update indicated that BHI and Town staff were experiencing low attendance for community engagement meetings.

The BOT also approved increasing Town Administrator Miranda Fisher’s salary by $27,256.82, bringing her total compensation to $110,000. The increase was officially approved during the meeting on May 16.

Also on May 16, the Board was first confronted by the referendum petition from Nederland residents to reconsider the approval of Ordinance 837, which rezoned 100 1st Street from High Density Residential (HDR) to CBD for the allowance of a paid parking lot development.

Because the validity of the referendum petition was contested by property owner Mitchell, Trustees needed to appoint a hearing officer for this matter during their meeting on June 6.

Also on June 6, a contract agreement with Fehr & Peers to consult in the creation of a Multimodal Transportation Plan was approved, as well as a contract with Fischer Construction to complete the installation of a grit removal system at Nederland’s wastewater treatment plant.

Trustees gave a nod of four to amend Section 15-27 of the Annexation Ordinance, stating that any annexation larger than ten acres will automatically trigger a special election, and also agreed that the applicant for the annexation should be responsible for the cost of the special election.

Once more on June 6, the majority of the Board tentatively approved the Chipeta Park Pump Track project.

The BOT scheduled another Town Hall meeting before their regular meeting on June 20, with the aim of discussing with the Nederland community big issues such as the Pump Track project, the contract with BCSO, and the Housing Needs Assessment.

Trustees also amended NMC to require homeowners to properly display their conforming address signage so that emergency services can more accurately and quickly locate addresses. They also amended NMC to remove barriers that dissuade property owners from committing to solar energy.

On July 11, after a discussion concerning the results of a Compensation Study conducted by Employers Council, Town staff presented to the Board a supplemental budget to adjust all Town staff wages and bring them up to the expected minimum for the surrounding area. Trustees also officially approved amending Section 15-27 of the Annexation Ordinance.

The BOT began discussing the Town of Nederland’s Strategic Plan for 2023 - 2024, which lists six objectives that outline a focus to “stabilize, plan, and grow revenue” over the next 18 months, with each objective to be approached “with a commitment to public engagement and sustainability.”

On August 1, the supplemental budget was approved, which rectifies the $209,487.14 variance between the current salaries for Town staff and the minimum standard according to the state average; and on August 15 the Strategic Plan was given final approval.

Also on August 15, the Board began discussing potential amendments to Nederland’s STR code.

After a hearing on June 20,the referendum petition urging the BOT to repeal their decision to rezone 100 1st Street was declared sufficient. The Board voted during their meeting on September 5 to repeal their earlier decision and return the lot’s zoning classification back to HDR.

The Board also approved contracting with consultant group Godot Communications, Inc. for the development of a branding campaign for the Town. They also approved contracting with SE Group for the drafting of a Comprehensive Plan update.

In accordance with the Strategic Plan, and with results from the Housing Needs Assessment, Trustees agreed to the terms of Proposition 123, which awards access to funding opportunities if the Town constructs seven affordable housing units within three years.

On October 3, in order to allow time to properly assess potential new amendments to NMC to further regulate STRs, the BOT approved placing a six-month moratorium on any new STR license applications. They also approved a contract with Rice Lake West to complete a riverbank filtration collection vault and bypass line, as well as two settling ponds and a replacement pipe to connect them.

Trustees also were presented with a proposal from TEENS, Inc. to lease Town-owned property on 750 West 5th Street for 99 years at $1 a year, to develop and manage a two-story childcare center.

Trustee John Mountain submitted his letter of resignation, effective the day of the Board’s meeting on October 17. Also during that meeting, the BOT, after their commitment to Proposition 123 was denied, agreed to commit to developing 13 affordable housing units by 2027, based on the Boulder County AMI.

The BOT attended a Work Session on November 7 to focus on the Town Budget for 2024. The budget discussion continued through their November 21 meeting, with Trustees refusing to approve speed cameras, which had been recommended by Town staff and BCSO to bolster revenue to the Town.

A Special Meeting was held on November 28 for the Board to continue their evaluation of the draft 2024 budget, and to direct Attorney Madsen to draft further amendments to NMC regarding municipal elections, particularly the issue of Board vacancy when a Trustee runs for Mayor and wins.

On December 5, several amendments were made to NMC which the Board had been working toward all year.

Trustees also approved amendments to the Use Group Table (UGT) to allow for private childcare centers to operate on public-zoned land, and to allow use-by-right-for-public and paid parking lots to operate in several zoning districts.

And, as a result of the Housing Needs Assessment, the BOT approved four more amendments to NMC, most strikingly allowing for ADUs to be built before construction on a primary residence begins and approving alternative housing structures to be built in all residential zones.

On December 19, the BOT made more progress on the 2024 budget by adjusting for any profit and loss for the addition of an EV car-share program, and for amending the contract with BCSO to include an animal control officer. Trustees also finally approved language drafted by Attorney Madsen pertaining to municipal elections and Trustee term limits, which included provisions detailing when an appointment process is necessary.

Trustees also officially designated mail-in ballots for the April 2, 2024 municipal election, and appointed Town Clerk Macy Caligaris as the election official.

On April 2, 2024, four Trustee positions and the Mayoral position will be filled by vote. Mayor Billy Giblin and Trustees Eric Coombs-Esmail, Jesse Seavers, and Nicole Sterling all have their terms ending in April.

Nomination petitions for the Trustee and Mayoral positions will be released Tuesday, January 2, with a deadline of 5 p.m. on Monday, January 22. Affidavits of Intent for those choosing to be writein candidates must be filed with Town Clerk Caligaris at Nederland Town Hall by Monday, January 29. Written requests for an absentee ballot are being accepted from Wednesday, January 3, to Friday, March 29.

There is currently a vacant seat on the Board for which the Town is accepting applications for appointment. Applications are being accepted until January 12, 2024, with potential appointees expected to attend a special orientation meeting on January 9 and to be interviewed by Trustees on January 16.

The appointee’s term would end in April, and therefore any appointee would also be expected to run for a full twoyear term in the April 2 election.

The Nederland Board of Trustees meets on the first and third Tuesday of every month. Their next scheduled meeting is on Tuesday, January 2, 2024, 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/boardof trustees