John Scarffe & Jennifer Livingston, Nederland.

January

The Nederland Board of Trustees approved moving forward with hiring Jennifer Madsen and Widner Juran, LLP, as the new Town attorney during a regular meeting at 7 p.m. on Tuesday, January 15, 2019, in the Nederland Community Center. At the December 18, 2018, meeting, the Trustees discussed the next steps for selecting a legal firm for the town and directed staff to begin negotiations with Jennifer Madsen and Widner Juran, LLP. The 2019 budget includes $55,000 for legal services. Madsen will attend the second Board meeting in February, when the mayor can sign the contract and administer the oath of office. Mayor Kristopher Larsen updated the Board on the Town’s Intergovernmental Agreement (IGA) with Boulder County after he met with Boulder County Commissioner Jeff Gardner and rewrote the IGA, removing restrictive language. The IGA will expire in 2022. 

February

After significant public input, the Trustees unanimously voted to withdraw a previously submitted grant application for improvements to the area west of Barker Reservoir on February 5. Since 2017, the Nederland Parks, Recreation and Open Spaces Advisory Board (PROSAB) has been working on a plan to improve the area by Barker Reservoir, known as Barker Meadows Park or the Gateway Park, both at the Jeff Guercio Ball Fields. Then, on February 2, 2019, the Board of Directors of the Peak to Peak Music Education Association and the NedFest Organizing Committee announced that the NedFest music festival has been canceled for the summer of 2019 due to the condition of the festival area. The Trustees also approved two requests for minor subdivisions resulting from the Boulder County Affordable Housing project. Linda Bunce submitted an application for a Minor Subdivision at 232 W. 3rd Street to address an encroachment issue between her lot and the adjacent lot owned by Calvary Chapel of Nederland at 268 W 3rd Street after the vacated rights-of-way was approved to be split in 2018. The second related request, a minor subdivision and replat application for Calvary Chapel of Nederland, was submitted by Boulder County Housing Authority (BCHA) at 268 W 3rd Street on behalf of Calvary Chapel of Nederland. 

On February 12, before a packed house, regarding amendments to the Nederland and Boulder County IGA, Boulder County Commissioner Elise Jones, members of the Boulder County Planning Commission, and all members of the Nederland Board of Trustees led an open house. The Board provided a quick summary, took feedback with general questions and then the public broke into groups. The current IGA between the Town and Boulder County does not allow for the town to expand geographically through property owner-initiated annexation without an amendment to the IGA. As the town has evolved, it is exploring options to expand boundaries and help development opportunities, especially for affordable housing and possible water quality concerns. The draft IGA includes changes to streamline amendment procedures, ensure timely responses to referrals, and establish clear procedures for processing amendments.

The Board adopted and signed an MOU with Xcel’s Partners in Energy program towards the goal of 100 percent renewable energy on February 19. The Trustees adopted a resolution for 100 percent renewable energy, including a goal of 100 percent Municipal Power by 2020, on August 15, 2017. This program will enable a private consulting firm to assist Nederland with energy efficiency programs and opportunities, promotional material and campaigns and technical advising. The Board also approved submitting a Transportation Improvement Grant (TIP) to reconstruct Jefferson Street and the Visitor Center lot. The project would include sidewalks on Jefferson and First streets from the RTD lot and the Visitor Center parking lot. During public comment, Joshua Lynch, chair of the Nederland Parks, Recreation and Open Spaces Advisory Board (PROSAB), resigned from his position.

March

A wetland mitigation project at Fisherman’s Lot could begin this summer after authorization by the Board on March 5. The Nederland Sustainability Advisory Board (SAB) introduced a project to fix the wetlands at the end of Barker Meadows Park near the reservoir, and a great opportunity came up to partner with Ignite Adaptive Sports (Ignite) and Eldora Mountain Resort (EMR) on a wetland mitigation project at Fisherman’s Lot. Ignite will be required to mitigate wetland impacts associated with their new building at EMR. With limited options for constructing wetlands at EMR, the idea of the partnership was born. The project received a nod of four by the Trustees to proceed with the next steps to developing this partnership. 

On March 19, the Trustees approved a minor subdivision and replat application submitted at 211, 255 and 273 East Street. This process will divide the parcel, zoned Public (P), into three total lots with separate public uses on the parcel. The property contains a number of municipal buildings including the Nederland Wastewater Treatment Plant and support buildings on the southeast portion. The Board also agreed to take action at the next meeting on a marijuana dispensary moratorium. Area residents have stated that they oppose the addition of another dispensary in town, which has four licensed marijuana businesses. The current Town code doesn’t provide a cap on how many licensed marijuana businesses will be allowed in Nederland.

April

On April 2, the Board approved an ordinance extending a temporary moratorium on the submission, acceptance, processing, and approval of accessory dwelling unit applications, originally set to go into effect six months after adoption on November 17, 2018. The Board approved an ordinance imposing a temporary medical and recreation marijuana dispensary moratorium. SAB requested feedback from the Board on the Town’s ordinance regarding a fee for plastic bags, which is not being enforced. The Board requested staff to draft an ordinance for the first meeting in May. 

On April 16, the crowd in the packed room at the Nederland Community Center burst into applause and cheers after the Trustees approved a liquor license for Rincon Del Sol’s Restaurant Liquor License Application from Dan Harrower and Froy Martinez in the Caribou Shopping Center. The Board also approved waiving fees for the Wild Bear Nature Center. The Board moved action items regarding ordinances for short-term rental (STR) agreements and accessory dwelling units to discussion items, because the meeting room was crowded with folks waiting to talk about those issues. During public comment on STRs, 15 people addressed the Board, with only two residents in favor of the ordinance.

May

During a four-hour meeting, the Board approved the current location of a planned greenhouse by the reservoir on May 7. SAB had proposed the greenhouse be located at the northwest side of Barker Reservoir, but PROSAB suggested the greenhouse be moved to another location. During a review of Boulder County’s response to proposed draft language from the Town regarding the IGA, the Board agreed to send a version of the draft to the Planning Commission without the redline changes. The Board discussed a revised ordinance for short-term rentals, and about 20 residents addressed the Board, most against regulating short-term rentals. 

The late Mountain-Ear reporter and photographer, Barbara Lawlor, was recognized for her contributions to the community after the Trustees declared June 7, 2019, as Barbara Lawlor Day in Nederland on May 21. The Board also decommissioned the Town’s sludge pond and approved a Special Review Use (SRU) Application related to a tent for Outdoor Sales at 45 and 55 E 1st Street from Nederland Central Business District Redevelopment LLC by Ronald A. Mitchell, managing member, who owns property and proposed erecting an outdoor tent, which would contain merchant booths. The Board approved the rezoning application at Tract 6a for Wild Bear Nature Center, which was seeking to rezone the recently subdivided parcel Tract 6A from the currently designated Public (P) zone to General Commercial (GC) zone. The property was acquired through a land swap with Boulder County, as the former parcel planned for development was unable to be built upon due to a large mining sinkhole.

June

The Board listened to 27 area residents discuss a proposed ordinance regarding short-term rentals (STRs) on June 4. Mayor Kristopher Larsen said the Board won’t be voting on STRs tonight, even though it was listed as an action item, because the Trustees are finding things they agree on that need work. A short-term rental means the rent or lease of a dwelling unit, accessory dwelling unit, or portion of any dwelling unit to persons for periods of time less than 30 days and does not apply to or include commercial hotels or motels. Following public comment, Mayor Larsen said he will work with town staff on enforcement, number of days, zoning options and occupancy limits and will target two weeks as a discussion item and action item in July. The Board also approved the consent agenda, which included allowing the Nederland Downtown Development Authority (NDDA) to borrow $16,400 from the Town, to be paid back from 2017 debt authorization funds, for the 2019 beautification project.

On June 18, the Board approved a request to pursue a grant for solar panels on the Waste Water Treatment Plant from the Colorado Department of Local Affairs (DOLA), which supports clean energy, planning and infrastructure projects. Staff requested that they apply for a grant to install solar panels at the Waste Water Treatment Facility. The Board also discussed new regulations for the Town’s zero-waste policies for events with regulations to accompany the Town’s zero waste policies. The Board asked town staff to draft an ordinance to modify the code language and a plan for outreach to festivals and include ways for festivals to request fee waivers based upon the common good, like NedFest, and add ways to get fee waivers. 

For the first time, Nederland’s three advisory boards met together with three members of the Nederland Board of Trustees for a work session on developing Barker Meadows Park on June 20. About 15 board members attended the meeting representing the NDDA, PROSAB and SAB. The main goal of the meeting was to come together and come up with solutions because the boards include people with a lot of expertise and experience with different issues. The board members reviewed several different map alternatives for Barker Park, and placed stickers on elements they liked or to make suggestions on the plans.

July

On July 16, the Board discussed a new parks grant proposal with the Wild Bear Nature Center’s newly acquired parcel north of Town. PROSAB would like to take a more macro approach to park planning, looking at the bigger picture needs for parks development. Parks improvement would include not only the Gateway Park but also the newly acquired five acres on the corner of Colorado Road 128 and Highway 72 within Mud Lake Open Space and the Town of Nederland. This proposal between the Town and Wild Bear Nature Center expands the scope of the grant proposal from Gateway Park Development to overall Parks and Open Space resources. Mayor Kristopher Larsen this is a great way to start that process. The Board also appointed members to the Nederland Sustainability Advisory Board (SAB) and Planning Commission.

August

Nederland residents and businesses will be able to take advantage of energy efficiency programs after the Trustees adopted an Energy Action Plan to support the Town’s renewable energy commitment on August 6. The Town has a goal of 100 percent renewable energy by 2025, so this will move the Town closer. Strategies focus on residential and commercial energy efficiency and are designed to support other work the Town is doing to increase renewable energy production through Xcel’s Energy Future Communities and other initiatives. With the departure of former Town Clerk Hope Jordan, Mayor Larsen swore in Miranda Fisher to the position.

The Trustees passed policies to enforce zero-waste regulations at Nederland events on August 20. For some time, the Town has been trying to come up with code to enforce its zero-waste resolution passed in 2012, which recommends that the town require zero waste planning for public events on Town property. The resolution includes requirements within a special events application for complying with zero waste, but the Town has no real mechanism for enforcement. SAB and Town staff updated an ordinance with details for enforcement measures and strategies. After a nod of four, the Board approved moving ahead with a grant proposal for a Sustainability Coordinator. SAB recommended the Town establish a contracted Sustainability Coordinator Staff position beginning in 2020, and asked the Board to allocate $15,000 for this position in the 2020 budget. SAB asked the Trustees to send a letter to the Boulder County Commissioners explaining that the Trustees commit to funding such a position.

September

Beginning at 7 p.m. and ending at 11 p.m. on September 17, with a packed house, the Board was unable to pass a draft ordinance regulating STRs, and it will be reconsidered at the next meeting in October. The challenge surrounds Class B licensing for non-owner-occupied single-family homes, which the draft limited to 45 nights a year for STR use. After testimony and discussion, a motion to approve failed on a three to two vote. With leadership from PROSAB, the Board moved forward in partnership with Wild Bear Nature Center to jointly apply for a $350,000 Great Outdoors Colorado (GOCO) grant. This is a competitive grant for which cities, towns and counties are eligible to apply, and partnership with successful nonprofit organizations such as Wild Bear creates stronger applications and shows the connection and trust between Nederland and Wild Bear.

October

The Board approved a short-term rental ordinance on October 1. Two Trustees voted no while four voted yes to the hard-fought ordinance. The ordinance’s stated purpose is to “preserve the residential character of the [town of Nederland] and establish operating standards to reduce impacts on adjacent neighbors resulting from short-term rentals.” The Board approved a Public Works request for a reallocation of savings from existing funds to purchase a backup generator for the town communications systems, which currently go offline during power outages and often require a physical reset. This purchase should be the final component to create a facilities and communications system for the town that will remain fully functional during power outages. 

On October 15, Public works presented concerns regarding revenue deficiency from Planned Investment Fees (PIF) for multi-family developments that could create a situation where some users are essentially subsidizing others, and where revenue shortfalls inhibit Nederland’s ability to maintain and expand the water system. Not only is the current system unaccountable to actual use it also will not pay for itself as Nederland looks to increase density. The Board generally agreed that having a rate study is desirable for policy making yet the cost and time involved may require the Board to address the loss of revenue in the interim and revisit once such a study can be completed. Public Works moved forward with concreting sidewalks on East Street. The aggregate used in response to the public’s desire to use permeable surfacing and save money failed. The consistent washout, especially in the areas of incline, creates safety issues for pedestrians.

November

The Nederland Food Pantry (NFP) sought Board approval to apply for grant funding to build four showers, one ADA accessible, in the Nederland Community Center on Nov. 12. The NFP sees access to showers as an important way to serve its mission and generate some revenue for their programming. The Board gave a nod of six allowing the NFP to move forward with the project. The Board gave a nod of four to work with Community member Annette Croughwell on Nederland Cares About Neighborhoods (NedCAN) to create active community groups in the various Nederland neighborhoods for identifying neighborhood specific issues, solutions and opportunities to support the environment, economy and community. 

The November 19 Board meeting began at 7 p.m. and concluded at 11 p.m. Ron Mitchell, who now owns multiple properties between E. 1st St. North to Highway 119, and East to Snyder Street, requested a Special Review Use Application to install 131 paid parking spots on his property in downtown Nederland. Ultimately, the Board decided to allow Mitchell and his lawyer to continue working with the Planning Department to resolve mapping and other issues, and to revisit at the Board meeting on January 21. Public Works Manager Chris Pelletier presented the Trustees with a plan to replace about 500 feet of sidewalks per year with concrete. The effort to install a more permeable surface has resulted in safety concerns for people using assistive devices such as canes and wheelchairs. Public Works will continue to prioritize steeper areas, more prone to erosion. 

December

On December 3, the Board approved planned investment fee (PIF) increases. At a previous meeting, staff had been asked to provide options to preserve affordable development in the face of PIF increases because, per Public Works, the town is not generating the revenue required to operate and maintain the water and sewer services it already provides, let alone into the future. Public Works recommended raising the PIF for Water to $18,505, bringing it in line with a rate study done in 2014, and increasing the sewer PIF to $16,962, which would be more in line with reality and what it costs to operate. The recommended rate increase for commercial PIF was 150 percent. An additional $2 per square foot fee was intended to account for the increased use of multifamily developments. Trustees were comfortable moving forward with the residential increases and revisiting the commercial increases within a work group meeting and with more Board members present. The Board approved the 2020 budget with amendments. The Trustees will consider adding an occupational tax to the April 7, 2020, ballot, per TABOR law. The Trustees discussed ideas to allocate the funds to the police or Public Works, or to support local businesses with parking, arts and beautification rather than have them simply go to general funds. The Board plans to workshop the idea and listen to public testimony before setting the rate and writing the measure. It will return to the agenda at the second meeting in December. 

(Originally published in the January 2, 2020, print edition of The Mountain-Ear.)