Jennifer Livingston, Nederland. The Nederland Board of Trustees (BOT) meeting began promptly with public comments on Tuesday, September 3, 2019, at 7 p.m. in the Nederland Community Center. After encouragement by past and current testimony, civility was maintained throughout the meeting. 

Ellen Moore shared dismay at the tones of past comments requesting a commitment to civility pointing out that she wouldn’t want herself or anyone else to be afraid of attending meetings or taking action due to incivility. Scott Harrison, entreated for kindness, reminded the public that “if you want kindness toward you, be kind to others.” 

Jeanette Taylor described the time commitment and effort required of the Board of Trustees, pointing out that while folks cannot be conscripted to participatory democracy, communication could at least be “peaceful and rational.” 

Ann Trombley shared the values of the Nuclear Age Peace Foundation, including, “speak your truth with love, show respect, listen with empathy, work together toward peace and common goals.”  Mary Jarril expressed concern that citizen input has been neglected, citing the cancellation of Ned Fest, the refunding of county grant monies for a greenhouse on Guercio Field, and concerns about regulation of short-term rentals (STRs). 

Stephanie Ridgeway related to the BOT that financial decisions are often made by local homebuyers based on STRs, such that current use should be grandfathered in but perhaps not transferable. She described the important role of tourism in Nederland’s economy and shared many suggestions, such as providing STR guests with fire ban and safety information, emergency service contacts and evacuation information. She supported Class C licensing in business, commercial and neighborhood commercial districts.

Discussion turned to the restoration of utilities to the stone garage behind the Nederland Community Center. Dawn Baumhover described an opportunity to reallocate existing CIP funds to restore water. 

The intended use is as a rental to a private business providing revenue to the Community Center. Ultimately, the BOT requested she return with more information, including a timeline for complete restoration including power and details on a proposed tenant.   

Hope Jordan, of the Nederland Downtown Development Authority (NDDA), presented an update to the board. The NDDA approved and additional $70,000 to fund the rehabilitation of Jefferson Street and to overlay the Visitor Center parking lot, bringing the total contribution to $139,000.

Elizabeth Allen was recognized for her many years of work beautifying downtown, and the NDDA anticipates a future Request for Proposals to continue beautification efforts. Boulder Economic Workforce Grant funds have been used in partnership with Hub Ned to offer the Woman’s Entrepreneurs and Business Owners of Greater Nederland meeting the fourth Tuesday, from 7 p.m. to 8:30 p.m. each month, and a Business Book Club sharing books and online resources with the library. The grant also allowed the NDDA to offer three beginner and advanced WordPress classes to area entrepreneurs. Videos of the classes will be made available to the community.

The NDDA would like more businesses to engage with their survey which began in May, but reports that results generally indicate income from festivals is helpful for local business, especially in the off-season, and that parking and traffic control are issues. The NDDA and community stakeholders are moving forward the creation of an Event Packet to make organizing events in town easier. The NDDA would also like to install an electrical box at Guercio field requiring an electrical engineer to create a design for the site. 

Jordan discussed potential drainage improvements and diagonal parking on the south side of Big Springs and the east side of Conger Street, where there is currently less efficient parallel parking. The installation of wayfinding signage from parking would direct people toward Chipeta Park and the pedestrian bridge. Trustee Kristen Conrad expressed concerns about the impacts of public parking near residential areas, especially with new homes going in.  

NDDA members have approved consideration of installing a right turn lane on Lakeview Drive at Highway 119 to ease traffic congestion. Public Works Manager Chris Pelletier informed the NDDA of a CDOT study indicating installation of a roundabout for the intersection noting it would take several years to initiate and complete. 

Trustee Dallas Masters, the NDDA liaison to the BOT, expressed a desire to utilize professional studies of pedestrian and traffic flow to create a comprehensive plan and follow a prioritized list to avoid “piecemeal work” without “professional engineering.” He also expressed concern regarding the formation of an inclusive committee for the performance space at Guercio field. Jordan assured the BOT that the NDDA and PROSAB had formed such a committee. Trustee Masters would like that committee to ensure a public process with a “known set of documents.” 

The BOT took action on two items. The first was to approve a ballot item for November 5, 2019, which would allow NDDA to continue to receive property tax funds. Otherwise, the levy will expire at the end of 2019.

The second action was to approve a Special Use Review Application for an outdoor patio at 70 East 1st St., currently James Peak Brewery, contingent upon indemnification of the town. Kyle Busey submitted the application and is now the business owner with a name change to BC Brews. 

The patio will allow space for four tables, 12 chairs and access for service animals. His plans were reviewed at the planning commission without opposition but questioned the need for a gate, which may hinder egress. Busie is scheduled to meet with the fire department for clarification.  He will also reinstall required signage.

The BOT moved to discussion of the Nederland Comprehensive Development Plan Intergovernmental Agreement (IGA) with Boulder County. The current IGA expires in 2022 and stipulates that property owners who desire annexation to the town negotiate with Boulder County. Boulder County suggested revising the IGA so that the town of Nederland can approve annexation requests. 

Property owners may desire annexation for various reasons including improving the tax base of Nederland, access to infrastructure including fire defense, the ability to vote in elections and sit on the BOT. The BOT clarified that the intention is to create a framework allowing the town to decide upon requests for annexation to preserve its infrastructure, character and ecology. 

Requests would be subject to review of water and waste resources, fire and infrastructure resources, and affordability.  A wildlife migration study is required under the draft. Currently, Nederland is operating at 40 percent of its water and 60 percent of its waste water capacity. As the BOT needs to determine which requests for annexation could be approved by the BOT and which would require a town vote, Mayor Larson proposed properties larger than 3 acres or three dwelling units. 

Trustees Masters and Conrad wanted density changes referred to voters yet were concerned with the cost elections and suggested applicants pay for a special election, or requests referred to the next scheduled ballot. Conrad was concerned that affordable development should actually be affordable to residents. 

Trustee Allen Apt sighted public concern regarding rushing decisions and wondered if the IGA should go to a town vote, although the risk of not approving a new IGA by 2022 is that annexation decisions could revert to the state, which could result in unplanned growth. The BOT will continue to develop language suggestions for public hearing at a future meeting. 

The final discussion item regarded potential regulation of STRs in commercial and mixed-use districts due to concern that apartment complexes, some of the most affordable housing in town, may need to be limited to preserve affordable housing. 

Trustee Dallas Masters expressed concern regarding different regulations of homeowners versus apartment owners. Trustee Julie Gustafson wants to avoid incentivizing STRs over affordable housing, suggesting that current regulation would result in one license per owner as it is. 

The BOT also wanted language that ensured business and retail use was prioritized over STR use, suggesting language stipulating one STR per commercial property. 

(Originally published in the September 12, 2019, print edition of The Mountain-Ear.)