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[The Town of Nederland] Agenda
[BOARD OF TRUSTEES] Tuesday, May 1, 2018 @ 7:00 PM Nederland Community Center
Page
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT AGENDA
3.1. Approval of May 1st, 2018 Accounts Payable 3 - 10 Warrants 5.1.18
3.2. Approval of April 17th, 2018 Regular Meeting Minutes 11 - 14 DRAFT BOT Minutes 4.17.18
3.3. Approval of Nederland Community Center Leases 15 - 30 EFAA Lease with NCC 2018 Train Cars Coffee Lease with NCC 2018
4. PUBLIC COMMENT ON NON-AGENDA ITEMS
5. INFORMATIONAL ITEMS
5.1. Update from Sustainability Advisory Board (SAB) regarding MOU with Excel 31 AIM SAB
5.2. Presentation by Boulder County Homeless Board 32 AIM Boulder County Homeless Board
6. ACTION ITEMS
6.1. Appointment Vote for Vacant Trustee Seats 33 - 47 AIM Appoinment Vote for Three Vacant Trustee Seats Trustee Applicants for Appointment
6.2. Consideration to Approve the Forsythe II Units 1 & 2 Recommendations 48 - 53 AIM Forsythe II Units 1 & 2 Recommendations Forsythe II Big Springs DAT Recommendations
7. DISCUSSION ITEMS
7.1. Nederland/Boulder County IGA Map and Draft Updates 54 - 97 2018 05 01 AIM Boulder IGA Discussion IGA nederland-area 2002 2002 iga-map-nederland-comprehensive-development-plan2002 2018 02 20 AIM Boulder IGA update AIM IGA Goals Ned Suggested PrimaryPlanningAreas_11282017 (2) BCC DRAFT Nederland Comprehensive Development Plan IGA_2018-02-09 Boulder Suggested PPA_02092018
BOT Packet - 05/01/2018 - Page 1 of 97
BCC proposed NederlandIGA_Planning Area Map Bldr Summary of Key Discussion Points for IGA Amendment_2018-02-09_2 Feedback on IGA from PC.PROSAB.SAB (1) Public Comment RE: IGA proposed changes (2) Public Comment RE: IGA proposed changes
8. OTHER BUSINESS
9. ADJOURNMENT
The Board of Trustees encourages citizen participation. Public hearings and the "unscheduled citizens" agenda item allow an opportunity to address the Board. Discussion is limited to 3 minutes and please address your comments to the Board. Than you for your cooperation. The Board of Trustees may take action on any item included on this agenda, regardless of the heading under which such item appears. Discussion items may become action items if the Board determines that deferring final action on an item to a subsequent meeting is unnecessary or unwarranted and that taking immediate action does not compromise any third-party's rights. The Board of Trustees meeting packets are prepared by Friday before the Tuesday meetings and are available for inspection at Town Hall during normal business hours. The information is reviewed and studied by the Board of Trustee members, eliminating lengthy discussions to gain basic understanding. Short discussion on agenda items does not reflect lack of thought or analysis. The agendas are posted at Town Hall, the post office, and on the Town's website on the Friday prior to the meeting. Copies of the agenda and meeting packet are available at no cost via email from the Town Clerk or from the Town website at www.nederlandco.org.
BOT Packet - 05/01/2018 - Page 2 of 97 4/17/2018 3:46pm Town of Nederland Page 1 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance General Fund Colorado Mountain Rangers, X, X, X, X 2018CMR 03/31/18 Received from FDGD PD event fees 03/31/18$500.00 $500.00 10-18-4910 Misc $0.00 ($65.96)
$500.00 395 FDGD LLC., 3875 Arbol Ctd, Boulder, CO, 80301 2018-03 03/31/18 90% of March FDGD VC Merc Sales 04/15/18$12,875.87 $12,875.87 10-13-5670 Supplies for Resale $0.00 ($13,962.88) 2018 FDGD 03/31/18 2018 FDGD Permits & Fees 04/15/18($300.00) ($300.00) 10-14-4310 Liquor License $0.00 ($300.00) 2018 FDGD 03/31/18 2018 FDGD Permits & Fees 04/15/18($750.00) ($750.00) 10-14-4350 Special Events $0.00 ($750.00) 2018 FDGD 03/31/18 2018 FDGD Permits & Fees 04/15/18($150.00) ($150.00) 10-14-4360 Noise Permits $0.00 ($150.00) 2018 FDGD 03/31/18 Guercio Field 04/15/18($750.00) ($750.00) 10-14-4380 Park Rental $0.00 ($900.00) 2018 FDGD 03/31/18 Chipeta Park 04/15/18($150.00) ($150.00) 10-14-4380 Park Rental $0.00 ($900.00) 2018 FDGD PD 03/31/18 2018 FDGD Ned PD Special Policing 04/15/18($5,400.00) ($5,400.00) 10-18-4799 Police Services $0.00 ($5,780.00) 2018 FDGD PD 03/31/18 Rec from event to be paid to : Colorado Mounted 04/15/18($500.00) ($500.00) 10-18-4910 Misc $0.00 ($65.96) Rangers Honorarium
$4,875.87
Total General Fund $5,375.87
Page 3of97 Community Center Fund 395 FDGD LLC., 3875 Arbol Ctd, Boulder, CO, 80301 2018 FDGD 03/31/18 Community Center Parking - Saturday FDGD 04/15/18($100.00) ($100.00) 20-25-4910 Misc $0.00 ($355.33)
($100.00)
Total Community Center Fund ($100.00)
Water Fund 173 AJK Construction, PO BOX 92, Rollilnsville, CO, 80474 35-2018 04/03/18 Water Main Break - curb & gutter repair in circle 04/13/18$3,250.00 $3,250.00 50-45-5790 MISC $0.00 ($9,715.33)
$3,250.00
Total Water Fund $3,250.00
Total Bills To Pay: $8,525.87 4/26/2018 3:08pm Town of Nederland Page 1 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance General Fund Prairie Mountain Media, PO Box 851333, Minneapolis, MN, 55485-1333 0000131582 03/31/18 Daily Camera postings 03/31/18$48.84 $48.84 10-14-5750 Advertising $250.00 $48.48
$48.84 Sky Terrain, PO Box 808, Boulder, CO, 80306 6435 04/09/18 RMNP & Indian Peaks Trail Map x 10 04/09/18$75.70 $75.70 10-13-5670 Supplies for Resale $26,000.00 $11,961.42
$75.70 6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 80466 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$559.63 $559.63 10-12-5110 IT $7,150.00 ($1,485.59) 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$102.70 $102.70 10-12-5110 IT $7,150.00 ($1,485.59) 00007724 04/16/18 Malwarebytes Endpoint Sercurity 12 months 04/26/18$181.41 $181.41 10-12-5420 Software $1,280.00 $867.20 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$103.15 $103.15 10-13-5110 IT $500.00 $396.85 00007724 04/16/18 Malwarebytes Endpoint Sercurity 12 months 04/26/18$90.70 $90.70 10-14-5420 Software $6,140.00 $103.61 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$998.97 $998.97 10-18-5110 IT $4,950.00 $2,399.37 00007724 04/16/18 MS Access 04/26/18$85.99 $85.99 10-18-5420 Software $1,920.00 ($1,982.18) 00007724 04/16/18 Malwarebytes Endpoint Sercurity 12 months 04/26/18$272.11 $272.11 10-18-5420 Software $1,920.00 ($1,982.18) 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$151.06 $151.06 10-20-5110 IT $1,650.00 $1,207.81 00007724 04/16/18 Malwarebytes Endpoint Sercurity 12 months $199.55 $1,480.00 $1,025.93 Page 4of97 04/26/18$199.55 10-20-5420 Software
$2,745.27 7 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463 287619565X04202 04/12/18 mobile phone service 3/13-4/12 04/27/18$35.68 $35.68 10-20-5234 Cell Phone $750.00 $612.30
$35.68 11 Boulder County, PO BOX 471, Boulder, CO, 80306 16652 02/28/18 Policing - Frozen Dead Guy Days 2018 03/30/18$1,045.00 $1,045.00 10-18-4799 Police Services $6,500.00 $1,765.00
$1,045.00 13 Canon Financial Services, Inc., 14904 Collections Center Drive, Chicago, IL, 60693-0149 18503172 04/12/18 copier lease - TH & PD 04/22/18$193.20 $193.20 10-12-5470 Leased Equipment $2,500.00 $1,764.30 18503172 04/12/18 copier lease - TH & PD 04/22/18$68.00 $68.00 10-18-5470 Leased Equipment $1,000.00 $753.50
$261.20 18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-2187 1437077197 03/31/18 phone - long distance March 04/10/18$10.15 $10.15 10-12-5232 Phone $3,500.00 $2,257.71 1437077197 03/31/18 phone - long distance March 04/10/18$0.91 $0.91 10-13-5232 Phone $750.00 $493.06 1437077197 03/31/18 phone - long distance March 04/10/18$5.22 $5.22 10-18-5232 Phone $2,400.00 $1,437.60 1437077197 03/31/18 phone - long distance March 04/10/18$1.73 $1.73 10-20-5232 Phone $500.00 $345.75
$18.01 39 Murray Dahl Kuechenmeister & Renaud LLP, 710 Kipling Street, Suite 300, Lakewood, CO, 80215 14449 03/31/18 Boulder County Housing Authority 04/10/18$1,542.50 $1,542.50 10-00-2200 Deposits held in Escrow $0.00 ($46,984.15) 4/26/2018 3:08pm Town of Nederland Page 2 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance 14448 03/31/18 Legal - March 04/10/18$4,284.90 $4,284.90 10-12-5100 Legal $50,000.00 $33,431.66
$5,827.40 43 NeoFunds by NeoPost, PO BOX 30193, Tampa, FL, 33630-3193 2018-03 03/30/18 Postage 04/09/18$300.00 $300.00 10-12-5710 Postage/Shipping $4,000.00 $3,244.98
$300.00 44 Neve's Uniforms, PO Box 71628, Chicago, IL, 60694 009615960 03/29/18 uniforms 04/08/18$755.00 $755.00 10-18-5560 Uniforms $4,750.00 $3,710.99
$755.00 49 Safebuilt, 3755 Precision Drive, Suite 140, Loveland, CO, 80538 0039072-IN 03/31/18 Code enforcement services - March 04/30/18$50.00 $50.00 10-15-5165 Code Enforcement $5,000.00 $4,800.00
$50.00 53 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-4466 2018-03 04/01/18 Trash Service 33144 - March 04/16/18$138.00 $138.00 10-20-5220 Trash Services $2,750.00 $2,324.40
$138.00 54 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477 586347978 04/02/18 street lights 04/12/18$606.73 $606.73 10-20-5235 Street Lights $9,000.00 $6,814.82
Page 5of97 $606.73 57 Beyond the Mountain Design, Inc, PO BOX 3277, Nederland, CO, 80466 2045 01/11/18 Birthday card 01/21/18$4.49 $4.49 10-12-5415 Sundries $500.00 $471.63 2250 02/13/18 election copies 02/23/18$38.75 $38.75 10-14-5175 Elections $4,000.00 $2,205.18 2313 03/02/18 election mailings 03/12/18$1,015.57 $1,015.57 10-14-5175 Elections $4,000.00 $2,205.18 2323 03/06/18 Laptop cooling base 03/16/18$25.96 $25.96 10-15-5790 MISC $0.00 ($25.96) 2234 02/07/18 bear box stickers 02/17/18$15.60 $15.60 10-20-5220 Trash Services $2,750.00 $2,324.40 2334 03/09/18 FDGD Maps 03/19/18$36.00 $36.00 10-20-5770 Printing/Copying $50.00 $14.00
$1,136.37 67 David Gloss, 3605 Union Court, Wheat Ridge, CO, 80033 2018-04 04/09/18 Judicial services - April 04/19/18$1,000.00 $1,000.00 10-17-5105 Court Services $27,000.00 $20,750.00
$1,000.00 68 Utility Notification Center of Colorado, 16361 Table Mountain Parkway, Golden, CO, 80403 218030596 03/31/18 lcates 04/10/18$9.66 $9.66 10-20-5188 Excavation Services $0.00 ($26.10)
$9.66 73 United Systems Technology, Inc., PO Box 743722, Atlanta, GA, 30374-3722 USTI-002869 03/31/18 utility e-billing 04/10/18$3.84 $3.84 10-12-5730 Credit Card fees $750.00 $724.96
$3.84 324 AAA Pest Pros, PO Box 20235, Boulder, CO, 80308 43604 04/20/18 pest inspection 04/30/18$55.00 $55.00 10-12-5205 Building Maintenance $1,500.00 $1,280.00 4/26/2018 3:08pm Town of Nederland Page 3 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance
$55.00 408 Office Depot, PO Box 660113, Dallas, TX, 75266-0113 116426156001 03/16/18 office supplies 03/31/18$33.24 $33.24 10-18-5410 Office Supplies $3,000.00 $2,824.23 116426616001 03/16/18 office supplies 03/31/18$20.99 $20.99 10-18-5410 Office Supplies $3,000.00 $2,824.23 116426617001 03/16/18 office supplies 03/31/18$15.79 $15.79 10-18-5410 Office Supplies $3,000.00 $2,824.23
$70.02 451 Law Office of Avi S, Rocklin, LLC, 1437 N. Denver Avenue #330, Loveland, CO, 80538 1506 04/01/18 Prosecution services - March 05/01/18$750.00 $750.00 10-17-5105 Court Services $27,000.00 $20,750.00
$750.00
Total General Fund $14,931.72
Community Center Fund Carole Handler, X, X, X, X 2018-04-16 04/16/18 Other Empl Benefits - partial cell & internet 04/16/18$93.00 $93.00 20-25-5030 Other Employee Benefits $3,120.00 $2,612.77
$93.00 6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 80466 Page 6of97 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$216.40 $216.40 20-25-5110 IT $1,980.00 $908.65 00007724 04/16/18 Malwarebytes Endpoint Sercurity 12 months 04/26/18$90.70 $90.70 20-25-5420 Software $640.00 $433.61
$307.10 7 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463 287619565X04202 04/12/18 mobile phone service 3/13-4/12 04/27/18$34.36 $34.36 20-25-5232 Phone $3,000.00 $1,824.75
$34.36 18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-2187 1437077197 03/31/18 phone - long distance March 04/10/18$3.12 $3.12 20-25-5232 Phone $3,000.00 $1,824.75
$3.12 53 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-4466 2018-03 04/01/18 Trash Service 33144 - March 04/16/18$126.50 $126.50 20-25-5220 Trash Services $1,400.00 $1,020.50
$126.50 57 Beyond the Mountain Design, Inc, PO BOX 3277, Nederland, CO, 80466 2014 01/03/18 office supplies 01/13/18$10.37 $10.37 20-25-5410 Office Supplies $1,600.00 $1,572.95
$10.37 58 Timberline Mechanical, 3195 Sterling Circle, Suite 150, Boulder, CO, 80301 SV31482 03/31/18 Quarterly Invoice - preventative Maintenance 04/15/18$1,039.27 $1,039.27 20-25-5160 Building Services $8,000.00 $6,726.01
$1,039.27 59 The Mountain Ear, PO BOX 99, Nederland, CO, 80466 4/26/2018 3:08pm Town of Nederland Page 4 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance 2961 04/06/18 Display Ad - Art at the Center 04/16/18$25.00 $25.00 20-25-5190 Other $2,500.00 $2,425.00
$25.00 62 Morgan Rooter Service, PO BOX 506, Black Hawk, CO, 80422 2018-02-27 02/27/18 kitchen floor drain 03/09/18$75.00 $75.00 20-25-5260 Kitchen $3,000.00 $1,635.00
$75.00 99 Safe Systems Inc., 1111 Church Road, Aurora, IL, 60505-1905 804821-1006 04/08/18 Quarterly Charges May - July 04/18/18$117.36 $117.36 20-25-5160 Building Services $8,000.00 $6,726.01
$117.36 373 Raymond Willis, PO Box 855, Nederland, CO, 80466 2018-04-09 04/09/18 Gym door repair 04/19/18$270.00 $270.00 20-25-5530 Minor Supplies (infrastruct $1,500.00 $1,088.15
$270.00 434 5280 Fitness Repair LLC, 10150 E Virginia Ave #17-203, Denver, CO, 80247 1597 03/25/18 fitness place equipment repair/maint 04/24/18$1,410.91 $1,410.91 20-25-5510 Equipment Maintenance & $1,000.00 ($910.91)
$1,410.91 452 Boulder Commercial Kitchens Inc, 4800 Baseline Rd Ste E 104, Suite 375, Boulder, CO, 80303 NCC042418 04/24/18 kitchen repair 05/24/18$880.00 $880.00 20-25-5260 Kitchen $3,000.00 $1,635.00
Page 7of97 $880.00
Total Community Center Fund $4,391.99
Sewer Fund 6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 80466 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$136.75 $136.75 40-45-5110 IT $1,500.00 $962.98 00007724 04/16/18 Computer software/parts 04/26/18$11.33 $11.33 40-45-5410 Office Supplies $800.00 $558.29 00007724 04/16/18 Malwarebytes Endpoint Sercurity 12 months 04/26/18$104.31 $104.31 40-45-5420 Software $1,200.00 $962.64
$252.39 7 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463 287619565X04202 04/12/18 mobile phone service 3/13-4/12 04/27/18$11.26 $11.26 40-45-5234 Cell Phone $400.00 $355.41
$11.26 18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-2187 1437077197 03/31/18 phone - long distance March 04/10/18$4.24 $4.24 40-45-5232 Phone $1,000.00 $602.89
$4.24 23 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023 737001192-18 04/03/18 process chemicals 04/13/18$3,532.23 $3,532.23 40-45-5525 Minor Supplies (bugs/che $23,000.00 $12,305.79
$3,532.23 57 Beyond the Mountain Design, Inc, PO BOX 3277, Nederland, CO, 80466 4/26/2018 3:08pm Town of Nederland Page 5 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance 2288 02/27/18 business cards 03/09/18$70.00 $70.00 40-45-5770 Printing/Copying $0.00 ($70.00)
$70.00 61 USABlueBoook, P.O. Box 9004, Gurnee, IL, 60031-9004 537672 04/05/18 jet truck parts 04/15/18$262.95 $262.95 40-45-5505 Vehicle Maintenance & Re $6,000.00 $5,737.05 527619 03/26/18 gloves & reagents 04/05/18$267.83 $267.83 40-45-5665 Lab Supplies/Chemicals $12,000.00 $10,639.76
$530.78 68 Utility Notification Center of Colorado, 16361 Table Mountain Parkway, Golden, CO, 80403 218030596 03/31/18 lcates 04/10/18$9.67 $9.67 40-45-5183 Locate Services $150.00 $135.50
$9.67 93 Colorado Analytical Lab, PO BOX 507, Brighton, CO, 80601-0507 180403066 04/10/18 compliance samples 04/20/18$296.00 $296.00 40-45-5185 Lab Tests $5,000.00 $4,520.00
$296.00
Total Sewer Fund $4,706.57
Water Fund Nicole Cavalino, X, X, X, X Page 8of97 2018-04-19 04/19/18 Water main break - purchase of water 04/19/18$108.47 $108.47 50-45-5790 MISC $0.00 ($9,823.80)
$108.47 6 Alpenet, LLC, PO BOX 3240, Nederland, CO, 80466 00007734 04/22/18 IT Services - 4/1-4/22 05/02/18$136.76 $136.76 50-45-5110 IT $1,500.00 $962.98 00007724 04/16/18 Computer software/parts 04/26/18$11.33 $11.33 50-45-5410 Office Supplies $1,000.00 $776.25 00007724 04/16/18 Malwarebytes Endpoint Sercurity 12 months 04/26/18$104.32 $104.32 50-45-5420 Software $1,000.00 $762.63
$252.41 7 AT&T Mobility, PO BOX 6463, Carol Stream, IL, 60197-6463 287619565X04202 04/12/18 mobile phone service 3/13-4/12 04/27/18$11.26 $11.26 50-45-5234 Cell Phone $800.00 $755.39
$11.26 18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-2187 1437077197 03/31/18 phone - long distance March 04/10/18$2.22 $2.22 50-45-5232 Phone $900.00 $479.31
$2.22 53 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-4466 2018-03 04/01/18 Trash Service 33144 - March 04/16/18$118.75 $118.75 50-45-5220 Trash Services $0.00 ($356.25)
$118.75 56 TZA Water Engineers, 12596 W. Bayaud Avenue, Suite 330, Lakewood, CO, 80228 0414459.01-0000004/09/182 Jan & Feb water accounting 04/19/18$333.00 $333.00 50-45-5101 Augmentation $3,000.00 $108.50
$333.00 4/26/2018 3:08pm Town of Nederland Page 6 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance 57 Beyond the Mountain Design, Inc, PO BOX 3277, Nederland, CO, 80466 2369 03/28/18 office supplies 04/07/18$19.50 $19.50 50-45-5530 Minor Supplies (infrastruct $8,000.00 $1,352.96 2331 03/09/18 shipping suma clear pump for repair 03/19/18$28.53 $28.53 50-45-5710 Postage/Shipping $600.00 $561.29 2288 02/27/18 business cards 03/09/18$70.00 $70.00 50-45-5770 Printing/Copying $600.00 $530.00
$118.03 61 USABlueBoook, P.O. Box 9004, Gurnee, IL, 60031-9004 536493 04/04/18 distribution dechlorination, hydrant guage 04/14/18$132.91 $132.91 50-45-5520 Minor Supplies (tools) $4,000.00 $3,328.15 536493 04/04/18 distribution dechlorination, hydrant guage 04/14/18$168.87 $168.87 50-45-5525 Minor Supplies (bugs/che $16,000.00 $12,031.13 527619 03/26/18 gloves & reagents 04/05/18$72.75 $72.75 50-45-5550 Safety Equipment $1,000.00 $927.25 527619 03/26/18 gloves & reagents 04/05/18$339.45 $339.45 50-45-5665 Lab Supplies/Chemicals $5,000.00 $4,004.77
$713.98 66 Dana Kepner Company, Inc., PO BOX 710281, Denver, CO, 80271-0281 1468776-00 03/30/18 Distribution parts 04/09/18$3,366.34 $3,366.34 50-45-5530 Minor Supplies (infrastruct $8,000.00 $1,352.96
$3,366.34 68 Utility Notification Center of Colorado, 16361 Table Mountain Parkway, Golden, CO, 80403 218030596 03/31/18 lcates 04/10/18$9.67 $9.67 50-45-5183 Locate Services $200.00 $185.50
$9.67 Page 9of97 93 Colorado Analytical Lab, PO BOX 507, Brighton, CO, 80601-0507 180403054 04/05/18 backwash compliance samples 04/15/18$15.00 $15.00 50-45-5185 Lab Tests $3,725.00 $2,529.00 180403057 04/09/18 Lead & copper req by homeowner 04/19/18$30.00 $30.00 50-45-5185 Lab Tests $3,725.00 $2,529.00 180403060 04/10/18 compliance sample 04/20/18$35.00 $35.00 50-45-5185 Lab Tests $3,725.00 $2,529.00 180403061 04/05/18 WP compliance samples 04/15/18$72.00 $72.00 50-45-5185 Lab Tests $3,725.00 $2,529.00
$152.00 277 Pipestone Equipment, 676 Moss St, Unit A, Golden, CO, 80401 6301 03/14/18 Conger Valve CIP 03/24/18$1,432.78 $1,432.78 50-45-6550 Infrastructure Improvemen $69,000.00 $59,837.15 6367 04/04/18 Valve CIP 04/14/18$1,002.27 $1,002.27 50-45-6550 Infrastructure Improvemen $69,000.00 $59,837.15 6378 04/09/18 Conger PRV Valve Replacement 04/19/18$1,628.46 $1,628.46 50-45-6550 Infrastructure Improvemen $69,000.00 $59,837.15
$4,063.51 449 Core & Main LP, 1830 Craig Park Court, St. Louis, MO, 63146 I541105 04/11/18 Conger Valve CIP 05/11/18$4,445.00 $4,445.00 50-45-6550 Infrastructure Improvemen $69,000.00 $59,837.15
$4,445.00
Total Water Fund $13,694.64 4/26/2018 3:08pm Town of Nederland Page 7 Council Approval Report (Council Approval Report)
Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance Total Bills To Pay: $37,724.92 Page 10of97
TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING
NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466
April 17th, 2018, 7:00 P.M.
MINUTES
1. CALL TO ORDER Meeting convened at 7:01 PM.
2. ROLL CALL Present: Mayor Kristopher Larsen, Trustee Gustafson, Trustee Apt, Trustee Masters, Trustee Donahue, Pro Tem Wood
Also present: Karen Gerrity, Town Administrator, Larry Johns, Town Marshal; Nicole Cavalino, Town Clerk, Nina Petraro
3. CONSENT AGENDA 1. Approval of April 17th, 2018 Accounts Payable 2. Approval of April 17th, 2018 Regular meeting minutes and the Public Hearing Liquor Sales Room Application meeting minutes. 3. Approval to support a letter to BCC in opposition of the Gross Reservoir expansion. 4. Approval of Wildcraft Kitchen Lease with the Nederland Community Center
4. PUBLIC COMMENTS ON NON-AGENDA ITEMS 1. Rodger Cornel – Thanked the Board of Trustees for their work in serving the Town of Nederland, stating ‘your work is appreciated.’ 2. John Louch – Spoke as a new resident to Nederland and in support of the IGA with Boulder County. 3. Ron Mitchel – Thanked the BOT for your time and service. Mr. Mitchel shared that he had attended a parking lot conference in Chicago and plans to bring conference material to the Board on a future agenda.
Page 11 of 97 5. INFORMATIONAL ITEMS 1. Via Mobility Service Expansion - Verbal summary of report given by Nicole Cavalino, Town Clerk.
6. STAFF REPORTS No additional information, all reports provided in agenda packet. 1. Karen Gerrity, Town Administrator 2. Jennifer Hagey, Town Treasurer 3. Nicole Cavalino, Town Clerk 4. Larry Johns, Town Marshal 5. Chris Pelletier, Public Works Manager 6. Dawn Baumhover, Community Center Manager
7. BOARD OF TRUSTEE REPORTS 1. Mayor’s Report, Kristopher Larsen – Mayor Larson thanked Town Hall, Police and Public Works for all of their time and dedication to the Town. Mayor Larsen announced he is now holding office hours to do outreach regarding the IGA and plans are for public housing. Mayor Larsen will be announcing the dates and times of upcoming office hours on social media.
Mayor Larsen mentioned that he and Town Administrator Gerrity had met with Boulder County to discuss the IGA. Trustees Masters, Mayor Larsen and Town Administrator Karen Gerrity then discussed changing the date of the May 8th Open House to discuss the IGA with the public, until the new Board of Trustees is properly trained and informed of IGA.
2. Mayor Pro Tem Wood – Thanked everyone for the hard work and praised the Town Staff for all of the new and positive things happening in town.
3. Trustee Apt – Reported meeting with new director of the DBA, and is looking forward to working with him. Also reported was progress with the EXCL MOU.
4. Trustee Gustafson – Shared that the Community Foundation is now separated into its own operating board no longer requires board approval. Also the Peak to Peak Healthy Communities Project is supporting the Mountain-ear in creating electronic copies of publications. Trustee Gustafson also reported that there is one resident interested in leading the 4th of July fireworks in town and is looking for someone to be the leader of a parade event. As the liaison to Colorado Municipal League
Page 12 of 97 Trustee Gustafson reported opportunities for new Trustees to understand their role as a board member and encouraged residents to apply to be a Trustee.
5. Trustee Masters – Reported that the PROSAB meeting on Thursday night discussed GOCO plans for develop parks and trails from Winter Park to Boulder. Tomorrow evening is the last meeting for the Big Springs advisory team to discuss units 1 & 2, attempt to finalize the recommendations, and that by May 6th, Forest Service will be submitting findings.
6. Trustee Donahue – Reported meeting with the ECO pass group, which felt a void due to staffing changes.
8. ACTION ITEMS
1. Recognition of Outgoing Board of Trustees Mayor Larsen thanked Trustee Donahue, Trustee Muller, and Mayor Pro-Tem Wood for the service in the community as a Board of Trustees member.
2. Swearing in of Mayor Larsen and Trustee Apt Town Clerk Nicole Cavalino swore in both Mayor Kristopher Larsen for a two-year term and Trustee Alan Apt for a four-year term.
3. Appointment of Mayor Pro-Tem Gustafson Mayor Larsen appointed Trustee Julie Gustafson as Mayor Pro-Tem.
4. Consideration of Ordinance 784 Amending Mix Use Town Administrator Gerrity introduced the item, as described in the AIM.
Town Attorney Petraro explained the definitions of general use group and mixed- use are defined in Town Code and introduced the topic of multi level structures, and the Board’s discussion topic to determine if all or a portion of first street frontage must be uniformed.
Trustees Masters and Gustafson questioned the clarity of the definition ‘percentage’ in regards to commercial and general use zoning. Mayor Larsen, Trustee Masters and Pro Tem Wood discussed the need to involved the planning committee in the next steps of defining the Town Code as it relates to zoning definitions.
Page 13 of 97 Planning Commission Chair Rodger Cornel explained that the discussion began six months ago, which led to a workshops and further discussion. He explained that the discussions have identified a need to develop a clear definition of zoning descriptions and measurements, either percentage or square footage, because the footnote and definition don’t match.
9. PUBLIC COMMENT
Two Nederland residents spoke in regards to the mixed use Ordinance expressing their support of the percentage requirements, but also emphasized the importance of flexibility and communication in planning.
10. BOARD DISCUSSION
Trustee Gustafson, Trustee Masters and Mayor Larsen discussed the relevance of size and what is considered a manageable project. Town Attorney Petraro clarified that a structure less the 8K sq. ft. is considered use by right.
Mayor Larsen asked for final comments and requested that legal reword the definition of mixed use and make foot note changes. Mayor Larsen assigned the Planning Commission to work on clarifying the Use Table.
Trustee Apt motioned to passed ORD 784 with amendments including clarification in Section 16-60 designating special review requirements when considering the size of project; and percentage of the frontage to be at least 30% of the total structure. Pro Tem Gustafson seconded the motion. Motion passed with all YES vote.
11. OTHER BUSINESS No other business reported
12. ADJOURNMENT Motion to adjourn the meeting at 9:14pm was made by Trustee Apt, seconded by Pro Tem Gustafson. Roll Call was called: Yes – Unanimous.
Approved by the Board of Trustees
ATTEST: ______Kristopher Larsen, Mayor ______Nicole Cavalino, Town Clerk
Page 14 of 97 Page 15 of 97 Page 16 of 97 Page 17 of 97 Page 18 of 97 Page 19 of 97 Page 20 of 97 Page 21 of 97 Page 22 of 97 LEASE CONDITIONS
1. Lessee shall notify the Lessor ir1writing or by email of any condition upon the premises requirin repair or adjustment, and the Lessor shall have a reasonable time to accomplish said repairg or adjustment.
2. The Lessor shall be responsible for the provision of heat, electricity, gas, water, sewer, and other services related to the general operation of the building. The Lessee shall not tamper with the controls or devices related to any of these provisions under any circumstances.
3. The lessor shall be responsible for janitorial services and the removal of trash and recyclables in the common areas of the building. The Lessor shall empty the shared trash and recycling bins.
4. The Lessee shall be responslblefor its operational expenses, includingbut not limitedto telephon and internet services, printing, copying, faxing, and other expenses related to its operations,eincludin cleaningand removal of trash and recyclables ?'om its leased space(s), unless speci?ed in thegspecia conditions above. l
5. Lessee agrees the leased space(s) shall be used and occupied in a care?il, safe and proper manner and the Lessee will pay for any damage to the premises caused by misuse of the same by Lessee or Lessee’s agents, employees, or guests. Lessee agrees Lessee willnot use or permitthe leased space(s) to be used for any purposes not speci?ed in this lease or prohibited by the laws of the United States, the State of Colorado, or the Ordinances of the Town of Nederland, Colorado. Lessee willat all times comply with all applicablelaws and regulationsand use reasonable e?brts to see its agents, employee and guests do the same. s,
6. Lessee will not use or keep any substance or material in or about the leased space(s) that may present a hazard or risk to the premises, or that may prove oifensive or anI10)'i“5to nearby Lessees, property owners or residences. Lessee shall not create or maintain a nuisance
7. Lessees desiring to make tenant ?nishes in the leased space(s) shall ?rst obtain the written consent of the Lessor. Special provisionsrelated to the tenant ?nishes,such as discounted lease rates or other accommodations,shall be speci?ed in the Special Conditions section above or attached in a separate document signed by an authorized of?cer of Lessor. Lessee shall permit no liens to be attached to the property, as a result of any tenant ?nishes or alterations.
8. Lessee agrees it will not sublet the leased space(s), or any part thereof; nor assignthis Lease or any interest therein without ?rst obtaining the Lessor’s written consent.
9. If Lessee abandons or vacates the premises before the end of the term of this Lease, Lessor may, at its option, enter the premises and re-let the same, or any part thereo? as Lessor sees ?t. For the purpose of such re-letting, the Lessor is authorized to make repairs, changes, alterationsor additionsin or to said leased space(s), as may, in the Lessor’s opinion,be necessary or desirable for the purpose of such re- letting.
10. If Lessee fails to remove all personal property from the premises upon the abandonment thereof or upon the n of this Lease, the Lessor may remove the same without liabilityto the Lessor for loss thereof; and lessee agrees to pay the Lessor any and all expenses incurred in such removal,
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Page 23 of 97 Page 24 of 97 includingstorage charges for any length of time the property shall be in the Lessor’s possession Lessor, at its option, and after 30 days written notice to Lessee at Lessee’s last known mailingaddress, may dispose of or sell said property for such prices as the Lessor may obtain. Lessee must notif Lessor in writing or by email of any change in Lessee’s mailing address. y
11. All personal property of any kind or descriptionwhatsoever in the leased space(s) shall be at the Lessee’s sole risk, and the Lessor shall not be held liable for any damage done to or loss of such personal property, or for damage or loss suffered by the business or occupation of the Lessee.
12. If the leased space(s) or buildingshallbe so damaged by ?re or other catastrophe as to render said premises wholly untenable, and if such damage shall be so great that said premises cannot be made ?t for occupancy within ninety (90) days from the happening thereof, then this Lease shall cease and terminate ?om the date of the occurrence of such damage, and the Lessee thereuponshall surrender to the Lessor said premises and all interesttherein,and the Lessor may reenter and take possession of said premises and remove the Lessee’s property therefrom
13. The Lessee shall, at Lessee’s expense, obtain and keep in force a liabilityinsurancepolicy for its own personal property, and shall ?irnish current copies of such insurancepolicy to the Lessor. Lessor shall be named as an additionalinsured on the Lessee’s liabilityinsurancepolicy which shall be in an amount of no less than $600,000.00. Lessee’s insurance shall be primary.
14. Lessor shall, at all times, have the right, by its o?icers or agents, to enter the leased space(s) to inspectand examine the same.
l5.This Lease is the entire understandingof the parties. All prior discussions are merged into this Lease. There are no promises or representations other than those set forth in this Lease. Any modi?cation of this Lease must be in a writing signed by both parties.
16. The exclusivevenue for any dispute arising out of this Lease shall be ir1Boulder County, Colorado. In any such action, the parties waive trial by jury. In any such action,the Court must order the losin party to pay the prevailing party’s attomey’s tees and costs. g
17. Both parties carefully reviewed this Lease and had the opportunity to consult counsel before signing it. The parties sign it voluntarily, tree of coercion or duress.
18. Lessee agrees the followingrules and regulationsare a part of this Lease, and the Lessee agrees to its employees and agents, or any others permitted by the Lessee to occupy or enter the premises,willat all times abide by these rules and regulations except as speci?cally contemplatedin the Special Conditions above, and failure to abide by the rules and regulations will be a material default ir1the performance of this Lease. a. Rent is due in ?lll on the 15‘day of the month via check made payable to Town of Nederland, ATIN: Carole Handler, P.O. Box 396, Nederland, CO 80466. Rent more than 10 days latewillincura $10 per day late fee. Tenants will not be invoiced for rent and are expected to pay on time without a reminder. Interest on all sums owed to Lessor pursuant to this Lease that are not paid on time shall accrue at 8% per year. There willbe an additionalcharge of $50 for check that is returned, in additio to any otherrights Lessor rmy have under Colorado’s bad check statute. n b. This agreement shall automatically renew for one year unless one of the following occurs:
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Page 25 of 97 Page 26 of 97 The Town of Nederland gives written notice to the Lessee, at least 30 days prior to the end of this Lease, of its intent to not renew this Lease. 0 The Lessee gives written notice, at least 30 days prior to the end of this Lease, its intent to not renew this Lease.
c. Lessor shall keep the sidewalks,entries, passageways and stairs free and clear of all obstruction snow, ice, and other hazardous conditions,and shall maintainthe grounds upon which thes,buildingi located. s
d. Signs, notices, advertisements,art work, posters, or other inscriptionsshall not be nailed,tacked or taped to the interior or exterior walls of the building,or otherwiseplaced upon any part of the premise outside of designated areas, without Lessor’s prior approval. The Lessee may, however, sattach a reasonable number of decorative items on the walls of the Lessee’s leased space(s) usinga method tha will cause the least amount of permanent damage. Lessee is responsible for any darmge. t
e. Lessee shall not rmrk upon, paint signs or murals upon, cut, drill into, or in any way delace the walls, ceilings,partitions or ?oors of the building. Any deiacement,damage or injury caused by the Lessee, its agents or employees or guests, shall be paid for by the Lessee.
12No awnings or window coverings shall be attached to the premises without Lessor’s prior writte approval. n g. No personal property shall be located or stored in the building outside of the Lessee’s leased space(s) withoutthe Lessor’s writtenpermission.Lessee willbe charged a daily storage fee of $15 per day for things stored outside leased premises without Lessor’s written permission. h. Common areas, includingrestrooms and other water ?xtures, shall not be used for any purpose other than for which the same are intended, and any damage resultingto the same from misuseon the part of Lessee, its agents or employees or guests, shall be paid for by the Lessee. i. The Lessor reserves the right to charge the Lessee for the excessive use of gas, water, electricity,or the shared trash and recycling bins. j. No animalsof any kind shall be allowed in the building,except for service dogs, without Lessor’s prior written consent. k. No persons occupying the premises shall disturb the occupants of adjoiningspaces or premises by the making of loud or impropernoises, except as speci?cally contemplated by the allowed use. l A reasonable number of keys to the leased space willbe ?nnished by the Lessor, and neitherLessee, or its agents or employees, shall have any duplicatekeys made. At the tennination of this tenancy, the Lessee shall promptly return all such keys to the Lessor. The cost of replacing lost keys or re- locks will be billed to the Lessee. keying m. Lessee, before closing and leavingthe leased space(s) at any time, shall see that all windows are closed, in order to avoid possible damage lrom ?re, storm or lreezirig,and to maintainthe security of the building.
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Page 27 of 97 Page 28 of 97 n. Lessee shall not installor operate or carry on any mechanicalbusiness in the leased space(s) that may produce vibrations, dust, smoke, excessive heat, or the release of small particles into the air to protect the sensitive air handling units and ?re suppression system.
0. To the extent the Tenant is a non-pro?t entity, whose rent has been established based on such non- pro?t status, the Town reserves the right, upon reasonable notice, to examine the books and records of the Tenant to con?rm such non-pro?t status. Any such Tenant must promptly notily Lessor in writin if its non-pro?tstatus changes. g p. Lessor reserves the right to make such additionalreasonable rules and regulationsas in its judgmen may be necessary or appropriate for the safety, care and cleanliness of the premises andt for the preservation of good order therein. q. No vehicles or equipment shall be parked overnight or stored on the premises outside of the building unless written consent of the Lessor is obtained. r. If Lessees are found to be out of compliancewith temis of lease/Lessor retains the right to terminat the Lease per the conditions listed above. e
DONE AND SIGNED this 2 3 day of 2018
TENANT: LESOR:
THE COFFEE AND YOGURT TOWN OF NFDFRLAND, CO MUNICIPAL CORPORATION
Kristopher Lars en, Mayor
Owner
Page5of5
Page 29 of 97 (4
Page 30 of 97 AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES
Meeting Date: May 1, 2018 Prepared By: Karen Gerrity, Town Administrator, on behalf of the Sustainability Advisory Board Dept: Admin Consent ☐ Information ☐ Action ☐ Discussion ☐
______
AGENDA ITEM:
Sustainability Advisory Board members will provide an update to the Board of Trustees regarding the status of the Memo of Understanding with Xcel Energy.
Page 31 of 97 AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES
Meeting Date: May 1st, 2018 Prepared By: Nicole Cavalino Dept: Town Staff Consent ☐ Information ☒ Action ☐ Discussion ☐
______
AGENDA ITEM: Presentation by Boulder County Homeless Board
SUMMARY: Homeless Shelter and the county's new operating system
Page 32 of 97
AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES
Meeting Date: May 1st, 2018
Initiated By: Nicole Cavalino, Town Clerk Dept: Administration Information _____ Action __X___ Discussion ____
AGENDA ITEM: Appointment Vote of three vacant Trustee seats.
SUMMARY: With three Trustees seat remaining vacant, the process to appoint a new member to that position under the Title 10 of Title 31 of the Colorado Revised Statutes, as follows: The Board of Trustees will appoint three Trustees by vote. The two applicants with the highest vote count will be appointed to a 4-year term. The applicant with the third highest vote will be appointed a 2-year term. At the end of the two-year term, coinciding with the next Municipal election, the 2-year term appointed Trustee will be required to submit a Municipal Election Nomination Petition and be voted onto the Board of Trustees for the following two-year term. Trustee applications were made available March 30th – April 23rd, 2018. We received five applications for Trustee, by appointment. Trustee applicants: • Eric Merkt • Chris Perret • James Rawsthowne • Kristin Conrad • Johnathan Baumhover
ACTION: 1. Review the five applications for appointment of the three open Trustee seats. 2. Listen to and ask questions of the five Trustee applicants. 3. Vote for three of the five Trustee applicants.
Page 33 of 97 TOWNOF NEDERLAND STANDARDAPPLICATIONFOR APPOINTMENTTO THE NEDERLANDBOARDOF TRUSTEES P-vr.nu-
Applicant Name: gr; 0 n/‘<9/FK‘F Mailing Address:
ResidenceAddress:
Telephone numbér(s): Email addfeasz
Date of Birth:
Citizenship: ‘ V‘ ‘, ‘Distr- Please descri ._§ny7 awledgé, abi]ities,'backg1'ouni\ ' ' 0'!-‘interestswhich you provide a feel will 1'4-ibu_ .t2_6‘t:he‘E0&-isSn?vpliiposes of the or commission for which you board are5se,king_.appainhnént.:(Att3ic1yresumeif desired or an extra sheet of paper if use neoes;aa.Qr.§Fléaée ialgodesc?beprevious buard(s) experience and contributions. agUreo‘( ¢'r{o’1 banal e,<'/24>,r?¢9L:(:¢,,I do ft)ve, W€der'(}w‘lX‘-—‘Aw.A(‘ Wan» if"F CCew?. J fa We aw?:1 loud buc 1 k "#1:K clad-L‘c«>v~§u1_6'vj,‘leak;1bv&fM~—e~[/§I V?wlqukzz ‘(Lo 1" MIL 4 'ImI1>A»b{’§~’l’L~vd"Know!z>{Tms1r°cs ha3 DK
41¢ I9 all .4. ¢A'{‘i (K COM-\)V\|/«V\|%’~Lia:/ekm» ed Ct Dlr M» we but/{Li srau~»«¢9I/\cs+§sv vi Co. aw} M». r Ce an A-i For ’, C0(r\ {MM $mHzi.,'[L in aw (WV 9 «nm 9‘ dm? at $’vv~t&,9bug New «Le/J5‘ OI»/L~ef« ( 3’/‘Z1/I7 our Applicant Signature
Page 34 of 97 §'+w/«x3 u( Iw W0 A Imme it» new bwbvivjlbw? bgwj4, ‘eh’ NA. rmTL-e§¢Umm-M) we been A Ijrcaflé?hmj 0
Page 35 of 97 Eric Merkt
Education M.S.,2007, Mechan ical Engineering (Energy and Environment Track), University of Colorado.Boulder, C0 B5,, 2000, Systems Engineering, University of Virginia, Charlottesville,VA
CoInput er lan guages and software expertl se Navicar, SQL,C, C++,Basic, VB,MATLA5, SAS.R, Python, Solar Advisor Model (SAM), PVWatts
Professional Experience
Principal. Eric Merkt, LLC. 2015 to present. Data system 5 consu ltant focusing on the energy sector, Clients include regulatory agencies and co mmissl ons, local and state gave rnments, and uti Ilty compani es.
Associate Director, Summit Blue/Navigant, 2008-2014. Assisted companies and other organizations in making wise choices about energy resources by performing energy efficiency, demand response, and renewable energy program evaluation and planning, busines 5 dcvelopme nt/sale5, and project nIanagcmen t. Lead data an d analy tics team, developing and impl ementi ng inn ovative a pproaclies to sust ainable energy data acquisition, storage, complex analysis, and visualization to support a wide range of decisions on behalf of clients.
Mechanical Systems Engineer, US. Air Force, 20 05-2008. Led multidisciplin ary team to provide a wlde variety cf mechanical engine ering solutionIS to sust aln and imp rov e USAF mature and proven aircraft. Responsible for ccAst/schedule/performance of for T-38 mechanical aircraft systems upgrades, working with joint teams of NASA,Navy, Air Force, and contractor test engineers to ensure program success.
Biological Science Technician, U.S. Forest Service, 2005. Conducted fisheries and wildlife field studies as directed by the lead forest ?sheries biologist in support of research, consewatio n, product ion, and management of forest ?sheries. Using GISand applicable federal and st are data, res earched land use, to:gography, and dra inage to iden tify and prioritize potential study areas .Rese arch ed land owner info rma rion and tran sportation plans to e nsure access to study areas and identlfy constraint 3. Project Manager, US. Air Force, 2000-2004. Responsible for cost, schedule, and pe rformance ofvarious mulli~nu'|lion dollar project 5 deve loping en terpri 3 c suftw are and im proving the capabilities a nd reliability of aircraft while reducing opera t ions an d maintenance costs for
Page 36 of 97 Page 37 of 97 a°wN0» K Towno fN e d er Ian d ‘) Appl icatio nf or App ointmnHe at he %z§§k, Boar d ofTrustees
Applicant Name: mm1%,/?W+
Mdiling Address: _
Street Address:
Phone: (Home) (Mobile):
Emdil: / Please attach additional documentation including a personal statement and resume to describe any special knowledge, abilities, ~bdckground or interest which you feel willprovide a positive contribution to the goals and purposes of the Board of Trustees and the Town e?kl ederldnd. Return application to Town Clerk. 9%’/£4 Signature of Applicant
For Of?ce Use Only
Received by: Date:
Date of Appointment: Term Length:
Expira?on of Term Date:
Approved Denied'
Page 38 of 97 Page 39 of 97 .g0wNO» Town of Ne d e?and W) Appl ication for Appointment to the ”@%ER,,¢° Boa rd of Trustees
. James Rawsthorne Applicant Name:
Mailing Address:
Street Address:
Phone: (Home) (Mobile)
Please attach additional documentation including a personal statement and resume to describe any special knowledge, abilities, background orinterest which you feel willprovide a positive contribution to the goalsand purposesof the Board ofTrusteesand the Town of Nederland. Return application to Town Clerk.
$7.. /5:, Z / :4;
'4Sgnature of Applicant Date
For Office Use Only
Received by: Date:
Date of Appointment: Term Length:
Expiration of Term Date:
Approved: Denied
Page 40 of 97 Page 41 of 97 Kristin Conrad
April 5, 2018
Nederland, CO 80466
Dear Nederland Board ofTrustees, Community Members.
As a long—timeresident of our region (20—plusyears) and of the town of Nederland for over 10 years, I not only know of, but have become involved in, some of the many issues that affect the quality of our lives here in Nederland, whether they are local issues, or issues that affect us that come from national, international, or global/economic/climate concerns.
I believe we, as Nederland residents but also world residents, are in a time that requires careful, big—picturethinking and a balancing of many needs. I am a big—picturethinker who wishes to do my best to help Nederland through some of these big decisions to keep us a vibrant community for both locals and visitors.
Sincerely yours,
Kristin Conrad
180 Lakeview P1. Nederland, CO 80466 720-556-8135
Page 42 of 97 Page 43 of 97 Kristin Nederland, CO <‘.SU4t>0 Conrad
Profile I am a resident of the town of Nederland for over 10 years; and of the region, including Gilpin County, for over 20 years. I regularly read and participate in both formal and informal discussions about the issues that affect Nederland, Colorado, at this time when many sometimes—conf|icting forces require careful thought and negotiation to find the best “big- picture” way to move forward for a sustainable and vibrant future. In addition to being a full- time professional managing many large projects, I have experience working as a board member on two boards, both tackling large and sometimes divisive issues.
Experience Civic PROESABBoard, Town of Nederland ~« 201 7~Presert Experience working through large issues affecting the town of Nederland that often included strong and opposing viewpoints that needed to be heard and reconciled, within the larger scope and goals of the project, to achieve the best outcome.
Board Member, Peak to Peak Forest Watch - 2016-2017 Although no longer on this board, I was a founding board member of this private, non-profit organization that sought to address the increasingly detrimental issues affecting our local national forests, brought on by societal pressures, and sometimes lifestyle choices, that are forcing long—term, dangerous and sometimes abusive uses of our public lands.
Experience Professional Web Developer, JELA/Universityof Colorado Boulder, Boulder, CO — 2011—Present
Web Developer, American Solar Energy Society, Boulder, CO — 2010-2011
Web Development Head, NCAR Directorate, National Center for Atmospheric Research,
Boulder, CO — 20002009
Web Developer, National Center for Atmospheric Reseamh, Boulder, CO — 1999-2006
Education indiana State University, B.S — 1987
Skills Highly computer—|iterate; Proven leadership and organizational skills; Good communicator; Diplomatic; A big-picture thinker and planner; Long—time,layperson—|evel interest in issues of sustainable community development, such as those being worked on by the Congress for the New Urbanism and other sustainable/equitable planning organizations.
Page 44 of 97 Page 45 of 97 Page 46 of 97 To Whom It may Concern,
I have lived in Nederland my entire life; moving here with my family shortly before my 4"‘ birthday I have very little memory before Nederland. After graduating high-school I attended college in Vermont, but chose to come back and spend my summers working, continuing to build relationships, and enjoying the beautiful town I grew up in. Nederland is a town with character, and full of characters, and I mean that in a good way. Eclectic and eccentric is perhaps the polite way of describing it residents. However, at times, downright contrary might be a more accurate description.It is a town with a lot of history, full of amazing potential for the future, a beacon of beauty and recreation, a gateway to the Indian peaks Wilderness and an artery for transport to the Peak to Peak corridor. Unfortunately for those of us that love the quaint, small, quite mountain character of town, the harbingers of growth and change are at our doorsteps.I fear if we are not careful we will lose the very essence of the character which we all hold so dear. With the City of Boulder (unique in it own rights) as our next door neighbor, we are faced with a unique set of circumstances that affect Nederland. Boulder is in major boom. More people are now commuting to Boulder for work, from Denver and the surrounding areas, than the other way around. Likewise, the upcoming arrival of Google and other large tech companies has potential to bring with it more drastic changes. The growth is now moving quickly toward the foothills as Boulder infills; and Nederland, and the surrounding mountain communities, are square in the path. I must make clear I am not anti-change or —growth,so long as it is managed. I desire that it be managed with the best interest and in the image and character of the residents whom call this their home. I am against Nederland fading away, being slowly transfonned into West Boulder and in the process losing the unique character that led so many great people to this truly amazing town. I believe the methods and approaches to our unique set of circumstances and the issues involved therein must not be muddled by the management practices, policies and frameworks of our much larger and wealthier neighbor. I know many fear this is happening and likewise know many who have worked hard to make sure it doesn't happen. As a near life-long resident with strong convictions, and belief in the community and strength of this town, I would like to be considered for appointment to the Nederland Board of Trustees to able do my part in assisting the community in it's efforts forward in address these, and so many other, issues.
Sincerely, Jonathan Baumhover
Page 47 of 97 AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES
Meeting Date: May 1st, 2018 Prepared By: Trustee Dallas Masters on behalf of PROSAB Consent ☐ Information ☐ Action X Discussion ☐
AGENDA ITEM: Response to USFS Request for Input on Forsythe II Units 1 & 2
SUMMARY: The Town has supported the USFS Forsythe II Project with past actions. A citizen committee (Forsythe II Big Springs Design Advisory Team) was formed to make recommendations on the treatments in Units 1 & 2 that border the Big Springs Neighborhood. The recommendations before the Board of Trustees are for review and action to meet a USFS May 6 deadline for input.
HISTORY AND PREVIOUS BOARD ACTION: The USFS and PROSAB have a long- term partnership in working on various issues and projects in the USFS lands surrounding Nederland. Following citizen concern expressed at a BOT meeting in 2017, regarding support for Forsythe II (where the board voted unanimously to continue support), a Forsythe II Big Springs Design Advisory Team (DAT) was formed at a subsequent PROSAB meeting. The DAT was comprised of citizens living in Big Springs, local firefighters, and PROSAB members. It met five times from March 2017-April 2018, and conducted a site visit in March 2018. The DAT recommendations were also reviewed by PROSAB on April 19 without modification.
QUESTION BEFORE THE BOARD: Does the Board wish to send the recommendations proposed by the DAT to the USFS?
RECOMMENDATIONS: The DAT process involved interested citizens, firefighters, town advisory board members, and interactions with USFS personnel. The recommendations are the result of thoughtful compromises among all of the parties. The board should approve the recommendations with minimal or no modifications in order to respect that process.
ALTERNATIVES:
1. Modify and approve the recommendations. 2. Do not send the recommendations to the USFS and let the USFS decide the treatments in Units 1 & 2.
ATTACHMENTS: Forsythe II Big Springs DAT Recommendations
Page 48 of 97
FINANCIAL CONSIDERATIONS: None.
#NEDZERO ITEM:
● 1F-01 Continue to apply the criteria for being a Firewise Community. ● 1F-02: Support and help coordinate wildfire mitigation efforts by Saws and Slaws, the USDA Forest Service, Boulder County, and others.
Page 49 of 97 Forsythe II Big Springs Design Advisory Team Directives
The Forsythe II Big Springs Design Advisory Team (DAT) was formed in response to Nederland citizen concerns about the treatments in Units 1 and 2 that neighbor the Big Springs Subdivision in Nederland. The DAT was made up of citizens from Big Springs, Town of Nederland PROSAB members, local firefighters, and USFS personnel. It met five times from March 2017-April 2018, and conducted a site visit in March 2018. Concerns expressed by the DAT included: erosion, wildlife, flooding, effective fuel treatment, long- term maintenance, windfall, life and safety of citizens and firefighters, recreation, and aesthetics.
The USFS Forsythe II Final Decision includes a no-cut buffer along private land boundaries so that the treatable acres in Units 1 and 2 were reduced to 4.4 and 14.7 acres, respectively. The following are the directives of the DAT to the USFS and Town of Nederland regarding the treatment design in both Units 1 and 2. These directives should be adopted and monitored by the Multiparty Monitoring Group (MMG).
General Recommendations: ● Treatments require long-term maintenance to address regeneration ● Treatments should be irregularly shaped to reduce viewshed impact and windfall potential ● Aspen enhancement should be favored ● Treatments in or near drainages, wetlands, and prominent landscape features (e.g., rock outcroppings) should be avoided ● Treatment areas should avoid ponderosa and spruce stands, as well as individual and mixed ponderosa and spruce trees Unit 1 Recommendations (up to 4.4 acres of Lodgepole pine patch/clear cuts and additional Ponderosa pine and aspen enhancement): ● Increase existing aspen enhancement along Valleyview Dr. (orange) ● Do Ponderosa pine and mixed conifer treatment on western boundary (yellow) ● Place two to three Lodgepole pine treatments totaling no more than 4.4 acres (blue) ● Avoid the drainage in Unit 1 ● Avoid removal of Ponderosa pine and spruce trees ● Make the treatments irregular in shape to reduce viewshed impact ● The blue polygons are representative and not the final placement, but every effort should be made to create a contiguous North-South Lodgepole treatment
Unit 2 Recommendations (up to 14.7 acres of Lodgepole pine patch/clear cuts): ● Place one large Lodgepole treatment (~8.7 acres) and extend a previously treated area (~1.4 acres), as shown on the map ● Coordinate treatments with Magnolia Trails Project trails alignments to avoid treatments intersecting trails ● Avoid the prominent rock outcropping in Unit 2 ● Make the treatments irregular in shape to reduce viewshed and windfall impact ● Create a third, narrowly-shaped treatment to clear the planned Wildewood Emergency Egress corridor and coordinate with the Town of Nederland on route (Wildewood Egress treatment should follow an engineered route and be the minimum width for the required egress route)
The maps below represent the directives of the DAT. Polygons in blue represent areas that were deemed the best locations for the prescribed Lodgepole treatments in Units 1
Page 50 of 97 and 2 (patch cuts and clear cuts). The polygons in orange represent aspen enhancement and are not part of the 4.4 acre Lodgepole treatment in Unit 1. The polygon in yellow is a Ponderosa/mixed conifer treatment in Unit 1 and also does not add to the 4.4 acre Lodgepole treatment in Unit 1.
Units 1 and 2 Treatment areas (green outline)
Cut 1
Cut 2 Unit 2 Wildewood egress
Page 51 of 97
Unit 1 Treatment
Cut 1
Aspen Cut 2
Unit 1
Page 52 of 97
Unit 2 Treatment
APPROVED BY BOARD OF TRUSTEE VOTE ON THIS 1st DAY OF May, 2018. TOWN OF NEDERLAND, COLORADO
______Kristopher Larsen, Mayor
ATTEST:
______Nicole Cavalino, Town Clerk
Aspen Cut 2 Unit 1 Cut 1
Page 53 of 97 AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES
Meeting Date: May 1, 2018 Prepared By: Karen Gerrity, Town Administrator Dept: Admin Consent ☐ Information ☐ Action ☐ Discussion ☒
______AGENDA ITEM:
Boulder County Land Use IGA Update
SUMMARY AND HISTORY:
There exists a Comprehensive Development Plan Intergovernmental Agreement (IGA) between Boulder County and the Town of Nederland which went into effect in March, 2002 with a 20 year term.
The current IGA requires a five-step process for amending the IGA to approve annexations, with recommendations from both the town and county planning commissions, approval by the Nederland Board of Trustees (BOT) and Boulder County Commissioners, and a vote of the town electorate.
The BOT created a list of goals for pursuing revisions to the 2002 Boulder County Comprehensive Development Plan IGA which are attached to this memo.
Town staff, Boulder County Land Use staff, the Boulder County Commissioners, and the BOT have spent the past 6 months discussing the DRAFT IGA and proposed map. Based on these conversations the Boulder County Land Use staff drafted the current version of the proposed IGA.
The draft IGA includes changes to streamline amendment procedures, and to ensure timely responses to referrals and establishment of clear procedures for processing amendments.
The draft IGA includes a Primary Planning Area within which annexation can occur with no amendment to the IGA or decision role for the county, and no vote of the town electorate. Annexation would need to be instigated by the property owner.
The draft reflects an expiration date of 2032, 10 years from the current 2022 expiration date.
Page 54 of 97 The BOT asked the Parks and Recreation Open Space Advisory Board, the Sustainability Advisory Board and the Planning to Commission to weigh in and provide feedback. Their feedback is included as an attachment.
QUESTIONS BEFORE THE BOARD
Does the Board wish to continue the discussion of revising the current IGA which is due to expire in March of 2022?
Does the Board have any feedback to share with Boulder County Land Use staff regarding the most recent DRAFT of the IGA and Map?
Options for the Board include doing nothing and allowing the current IGA to expire, extending the current IGA as is to beyond 2022, or revising the current IGA either as proposed in the DRAFT document and map or with changes.
Attachments:
• 2002 IGA • 2002 IGA MAP • AIM 2018 02 20 Boulder IGA Update • AIM IGA Goals from Town’s perspective • Potential Primary Area Planning Areas Proposed by Town • DRAFT Nederland Comprehensive Development Plan IGA • Map of the proposed Nederland PPA-Boulder County Edits • Nederland Planning Area IGA Map including Rural Preservation Area • Summary of Key Discussion Points for IGA Amendment From Boulder County • Feedback from Nederland Boards and Commissions
Page 55 of 97 INTERGOVERNMENTAL AGREEMENT Nederland Area Boulder County Comprehensive Development Plan
This Agreement by and between the Town of Nederland, a Colorado _ _ Intergovernmental municipal corporation (Nederland); and the County of Boulder, a body politic and corporate of the State of Colorado (Boulder County); (collectively the "Parties") is made to be effective on the dayof ??g?? ,2009~
WITNESSETH:
WHEREAS, section 29-20-101 et seq, C.R.S. as amended, enables the Parties to enter into lntergovemmental Agreements to plan for and regulate land uses, in order to minimize the negative impacts on the surrounding areas and protect the environment, and speci?cally authorizes local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by means of a "Comprehensive Development Plan"; and
WHEREAS, in order to ensure that the unique and individual character of Nederland is preserved, the Parties believe that a Comprehensive Development Plan which recognizes the annexed areas and development approved by Nederland, accompaniedby binding commitments by the responsible jurisdictions for the preservation of the rural character of surrounding lands within the Plan Area, is in the best interest of the citizens of each of the Parties; and
WHEREAS, the prohibition of rezoning or other discretionary land use approvals by Boulder County and of annexation or development of certain lands within the Plan Area by Nederland is intended to preclude unplanned development and urban sprawl which, if permitted in the unincorporated area, require the provision of urban services by Boulder County, in contravention of provisions of the Boulder County Comprehensive Plan; and
WHEREAS, the Parties ?nd that designating a portion of the Plan Area to remain as rural preservation for the purpose of preserving a community buffer serves the economic and civic interests of their citizens and meets the goals of the Boulder County Comprehensive Plan; and
WHEREAS, with respect to the annexation provisions herein, the Town of Nederland declares that the rural preservation designations and land use regulations contained in this Agreement affect its future development. Consistent with the municipal annexation, utility service, and land use laws of the State of Colorado, this Agreement, including speci?cally the annexation and utility service portions hereof, is intended to encourage the natural and well-ordered future development of each Party; to promote planned and orderly growth in the affected areas; to distribute fairly and equitably the costs of government services among those persons who bene?t therefrom; to extend government services, and facilities to the affected areas in a logical fashion; to simplify providing utility services to the affected areas; to simplify the governmental structure of the affected areas; to reduce and avoid, where possible, friction between the Parties; and to promote the economic viability of the Parties; and
WHEREAS, the functions described in this Agreement are lawfully authorized to each of the
Page 56 of 97 Parties which perform such functions hereunder, as provided in article 20 of title 29; part 1of article 28 of title 30; part 1 of article 12 oftitle 31; and parts 2 and 3 of article 23 oftitle 31, C.R.S., as amended; and
WHEREAS, section 29-1-201, et seq., C.R.S., as amended, authorizes the Parties to cooperate and contract with one another with respect to functions lawfully authorized to each of the Parties and the people of the State of Colorado have encouraged such cooperation and contracting through the adoption of Colorado Constitution, Article XIV, 18(2); and
WHEREAS, the Parties have each held hearings after proper public notice for the consideration of entering into this Agreement and the adoption of a comprehensive development plan for the subject lands, hereinafter referred to as the “Plan Area”, as shown on the map attached hereto and incorporated herein as Exhibit A.
NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the Parties agree as follows:
1. DEFINITIONS:
As used in this Agreement, the following terms shall be defined as indicated:
DEVELOPMENT: Construction or establishment of structures, parking areas, and/or surfaced vehicular roadways (except expansion of existing roads), or establishment of new land uses. PLAN AREA: Lands included within the boundaries of the designated Plan Area as set forth on the Map attached as Exhibit A, including right-of—way, setback areas, and parcels subject to the Plan's development regulations. STRUCTURE: Any thing which is built or constructed, including but not limited to an edifice or building of any kind, or any piece of work arti?cially built up or composed of parts joined together in some de?nite manner, but excluding fences, retaining walls not over 6 feet in height, stone drainage facilities, and buried utility lines. REGULATORY PARTY: That party having regulatory jurisdiction over the subject property at the relevant time.
2. THE PLAN AREA AND ITS COMPONENTS:
The Plan Area shall be divided into two (2) categories of land, each depicted on Exhibit A and generally described as follows:
a. Nederland Town Limits. This category shall include all lands currently within or subsequently added, in accordance with the provisions of this Agreement and Plan, to the boundaries of the Town of Nederland. b. Rural Preservation Area. This category shall include all lands commencing at the
2
Page 57 of 97 edge of the Nederland Town Limits and extending West to the Continental Divide, South to the Gilpin County Line, North to north of Sugarloaf Road, and East to the Boulder Falls, as depicted by the Plan Area Boundary on Exhibit A. Due to water quality concerns and possible impacts on the Town of Nederland, Boulder County agrees to refer to the Town of Nederland all applications affecting water quality and for residential development other than single family homes. Regarding the Eldora Townsite, although it is included within the Rural Preservation Area, and notwithstanding any other provisions of the Boulder County Land Use Code, Boulder County agrees to refer to Nederland for comment all development applications affecting water quality and for residential development other than single family homes, and applications for installation or replacement of septic systems.
CONTROLLTNG REGULATIONS:
Any proposed use or development of any portion of the parcels in the Rural Preservation Area shall conform to the provisions of this Agreement, or, if nonconforming, shall require amendment of the Plan in the manner provided in Section 6 of the Agreement. Any proposed rezoning, subdivision, special use or other regulatory process, or amendment or modification of any existing zoning, PUD, special or conditional use, or subdivision plat, or proposed annexation, whether or not coupled with any such regulatory process, entered into for any lands within the Rural Preservation Area, shall conform to the Plan, or with an approved amendment thereof, in order to be approved by the Regulatory Party. Within the Nederland Town Limits the Nederland Planning Commission and the Nederland Board of Trustees shall have the sole authority to review and approve or deny applications for subdivisions or other developments or land uses proposed to take place entirely within the Nederland Town Limits and no approval by the Boulder County Planning Commission or the Boulder County Board of County Commissioners shall be required. (1) Within the Rural Preservation Area, existing uses of parcels which conform to Boulder County's regulations, or which are legally nonconforming, shall be permitted to continue, either as legal or legal nonconforming uses, in accordance with the provisions of the Boulder County Land Use Code. No density increase beyond the limits currently permissible under the Boulder County Land Use Code shall be approved for any parcel in the Rural Preservation Area. (2) Pursuant to regulations in the Boulder County Land Use Code as it may exist from time to time, parcels within the Rural Preservation Area may be "sending parcels" for purposes of transferring development rights (TDRS). However, such parcels shall not serve as "receiving parcels" without amendment of this Agreement. TDR units shall not be "sent" from parcels designated in this Agreement as Rural Preservation to be located upon a receiving site within the Nederland Town Limits without the consent of the Nederland Board of Trustees. (3) Development on parcels for which "vested rights" for further development have been acquired through an estoppel against Boulder County for parcels in the Rural Preservation Area, precluding the prohibition of such development, established by a
3
Page 58 of 97 ?nal non-appealable court judgment in a proceeding of which Nederland has been given timely notice and the opportunity to join or intervene, shall be permitted notwithstanding this Agreement, to the extent such development is in conformance with the rights so acquired and occurs within the vested period. Boulder County represents that it has disclosed to Nederland all vested rights of which it has knowledge for any of the properties in the Plan Area that may have been established or approved by Boulder County.
ANNEXATION:
Nederland commits that it is not currently pursuing any annexations within the Rural Preservation Area. Except as provided in sub—paragraphc. below, the Rural Preservation Area as shown on Exhibit A is intended to remain in Boulder County’s regulatory jurisdiction for the term of this Agreement. Further, the Town Board of the Town of Nederland, by authorizing the execution of this Agreement, finds and determines, for the term of this Agreement, that there is no community of interest between the Rural Preservation Area and the Town, that none of the Rural Preservation Area is urban nor is likely to urbanize, and that none of the Rural Preservation Area is currently integrated with, nor will it be capable of being integrated with the Town. The Town agrees it will not initiate nor approve any annexation of any Rural Preservation Area lands unless such annexation is referred for recommendation to the Boulder County Planning Commission, approved by the Boulder County Board of County Commissioners, referred for recommendation by the Nederland Planning Commission, approved by the Nederland Board of Trustees, and approved at an election of the qualified electors of the Town of Nederland, with the applicant for any such annexation to bear all costs and fees associated with such election. Notwithstanding any other provisions of this Agreement, the Nederland Board of Trustees may determine, in its sole discretion, that it needs land in the Rural Preservation Area for utilities, including but not limited to water, water storage, water treatment, sewer, sewage treatment, or roads. Should the Town proceed with acquisition of such land, whether or not through the exercise of eminent domain, the Town may then annex such land, and such annexation need not be submitted to review or approval by the Boulder County Planning Commission or the Boulder County Board of County Commissioners. However, such annexation will require referral to the Nederland Planning Commission for recommendation,approval by the Nederland Board of Trustees, and approval by the qualified electors of the Town of Nederland at an election. The County agrees that it will not initiate or approve or consent to annexation of any Rural Preservation Area lands to a municipal entity other than the Town of Nederland unless such annexation is referred to the Boulder County Planning Commission for recommendation, approved by the Boulder County Board of County Commissioners, referred to the Nederland Planning Commission for recommendation, and approved by the Nederland Board of Trustees.
Page 59 of 97 5. REFERRALS:
Any petition, application or other proposal for development or land use on any parcel within the Rural Preservation Area, other than an application for a building permit or an individual site plan, shall be immediately referred in writing by the County to the Town of Nederland. Any offer, proposal, request or application by the County to purchase any parcel within the Nederland Town Limits shall be immediately referred in writing by the County to the Town of Nederland. No action shall be taken thereon by the referring Party until the other Party has had the opportunity to respond concerning the proposal’s conformity to this Agreement and Plan, and other land use concerns, all such responses to be received within twenty (20) days of date of referral. No action shall be taken thereon by the referring Party unless it is in compliance with this Agreement and Plan, or an amendment thereto is agreed upon by the Parties.
6. AMENDMENTS:
This Agreement, including Exhibit A, contains the entire agreement between the Parties. Any proposed amendment of the Plan affecting the jurisdiction over lands or the development or regulation of lands must be referred to the other Party by the Party initiating such proposed amendment in writing. Amendment of the Plan shall take place only after referral to and recommendation by the Nederland Planning Commission and the Boulder County Planning Commission, and after approval by resolution or ordinance adoptedby the governing body of each of the Parties, after notice and hearing as may be required by law. No Party shall acquire any parcel, or approve or permit any development or change of use, of any parcel in the Rural Preservation Area by any means or in any manner inconsistent with this Agreement until and unless the Agreement and Plan have been amended so that the proposed acquisition, development, or use of such parcel is consistent with the Agreement and Plan. Any proposed amendment that would affect the process for annexations as provided in Section 4. above, in addition to requiring the approval of the bodies listed above, shall also require approval at an election by the quali?ed electors of the Town of Nederland.
7. BENEFICIARIES:
The Parties, in their corporate and representative governmental capacities, are the only entities, intended to be the beneficiaries of the Plan, and no other person or entity is so intended.
8. ENFORCEMENT:
Any one or more of the Parties may enforce this Agreement by any legal or equitable means including speci?c performance, declaratory and injunctiverelief. No other person or entity shall have any right to enforce the provisions of this Agreement.
9. DEFENSE OF CLAIMS/INDEMNIFICATION:
lf any person allegedly aggrieved by the Rural Preservation Area provisions of this Agreement or the Plan and who is not a Party to the Plan should sue any Party concerning such Plan provisions, Boulder County shall, and Nederland may, defend such claim upon receiving timely and
5
Page 60 of 97 appropriate notice of pendency of such claim. Defense costs shall be paid by the Party providing such defense. The defense by Boulder County shall include defending the Town ofNeder1and, unless the Town requests otherwise.
In the event that any person not a Party to the Plan should obtain a ?nal money judgment against any Party for the diminution in value of any regulated parcel resulting from the Rural Preservation Area provisions of this Agreement or the Plan or regulations adopted by the Regulatory Party implementing said provisions of the Plan, Boulder County shall, to the extent permitted by law, indemnify such Party for the amount of said judgment. l0. GOVERNING LAW AND VENUE:
This Agreement shall be governed by the laws of the State of Colorado and venue shall lie in the County of Boulder. ll. TERM AND EFFECTIVE DATE/NON—SEVERABILITY:
a. This Agreement shall become effective upon signature of an authorized representative of the governing bodies of the Parties. Except as provided herein, this Agreement shall remain in effect for a period of twenty (20) years from the effective date, unless terminated prior thereto by agreement of the Parties.
b. If any portion of this Plan is held by a court in a ?nal, non—appealabledecision to be per se invalid or unenforceable as to any Party, the entire Agreement and the Plan shall be terminated, it being the understanding and intent of the Parties that every portion of the Agreement and Plan is essential to and not severable from the remainder.
12. PARTY REPRESENTATIVES:
Referrals made under the terms of this Agreement shall be sent to the Parties’ representatives as follows:
County of Boulder: Town of Nederland: Director Mayor, Town of Nederland Boulder County Land Use Department 45 West First Street Post Office Box 47 1 Post Office Box 396 Boulder, CO 80306 Nederland, CO 80466
Name and address changes for representatives shall be made in writing, mailed to the other Party at the then current address.
Page 61 of 97 THIS AGREEMENT is made and entered into to be effective on the date set forth above.
ATTEST:
APPROVED AS T FORM:
7.’ 45.4 Scotty . Krob, Town Attorney
COUNTY OF BOULDER BY: BOLARDOF COUNTY COMMISSIONERS [SEAL] . V * * r” /
3. Jan L. Mendez, Chair m 0 3 O ‘ Q ¢;( Q5: / ATTEST: O6)? (EXCUSED) CQUN-‘—\(‘QCV0 Paul D. Danish, Vice-Chair Zg’éwa«// Clerk to the Board Ronald K. Stewart, Commissioner
APPROVED AS TO FORM:
Page 62 of 97 Page 63 of 97 of 63 Page
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The Map proposed by the Town is attached along with the Town’s Goals for the IGA. Boulder County staff proposed the following schedule for the approval process: • Boulder County staff sends Nederland updated draft. Nederland will reply with any adjustments as needed, to be addressed by staff. • Nederland will circulate IGA to the public for comment through the town’s municipal process then hold a Town Board of Trustees public hearing, with recommendation for decision. o Updated IGA draft will undergo internal referral process (cross- departmental review of full updated draft) in parallel with the Nederland public process. o Changes may be requested either from the Nederland public meeting or from Boulder County’s internal referral process. • Boulder County staff will circulate the latest version of the IGA, with staff report, for public comment (2 weeks) prior to a BOCC public hearing with a recommendation for decision. • This process would proceed until both bodies decide on the same final version. Attachments: • AIM IGA Goals from Town’s perspective • Potential Primary Area Planning Areas Proposed by Town Page 65 of 97 • DRAFT Nederland Comprehensive Development Plan IGA • Map of the proposed Nederland PPA-Boulder County Edits • Nederland Planning Area IGA Map including Rural Preservation Area • Summary of Key Discussion Points for IGA Amendment From Boulder County Page 66 of 97 AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: January 16, 2018 Prepared By: Karen Gerrity on behalf of the BOT Dept: Town Administrator Consent ☐ Information ☐ Action ☐ Discussion ☒ ______ AGENDA ITEM: Goals for Pursuing Revisions to Boulder County Comprehensive Development Plan IGA SUMMARY: The Board of Trustees discussed the need to establish goals when considering a revision to the Comprehensive Development Plan Intergovernmental Agreement between Nederland and Boulder County. HISTORY AND PREVIOUS BOARD ACTION: At the December 19, 2017 BOT meeting, four main goals were considered as follows: 1. Reduction of Emissions, Wildfire Prevention and Preservation of the Rural Mountain Character 2. Clarification of the rules for Annexation and Autonomy for the Town regarding Zoning and Building Projects, especially within our own town limits 3. Increased opportunities for people living on the town limits borders to be involved in the Town’s policy-making (voting, sitting on boards and commissions, running for public office, etc.) 4. Improved standards for intelligent developments and densification A more detailed list of goals, objectives and outcomes are below: 1. The Town desires rural preservation in the RPA 2. The Town wishes to define a PPA for appropriate extension of Town borders and utilities access 3. The Town desires autonomy over the process, including the timeliness, for annexation of parcels in the PPA and in all zoning and building code related decisions within its border, including areas of the PPA that are annexed into the Town 4. The Town does not desire to develop undisturbed parcels in the PPA unless Town utilities already exist in the immediate vicinity 5. The Town prefers in-fill development to development in the PPA 6. The Town desires to maintain existing low-density zoning in the PPA Page 67 of 97 7. The Town desires to extend utilities in the PPA where feasible to increase utilization of Town utilities and to reduce septic use 8. The Town desires additional property tax revenue from parcels in the PPA since these residents impact Town resources 9. The Town wishes to extend voting rights and participation in Town government to residents in the PPA 10. The Town desires reduction of heat-trapping emissions that are known to increase the risk of forest fires and flooding 11. The Town wishes to reduce wildfire risks and cost to the community when forest fires do occur 12. The Town desires affordable housing for its residents and local workforce 13. The Town desires improved standards for intelligent development and densification 14. The Town may choose not to renew that IGA at this time 15. The Town desires the shortest possible duration for the IGA so that it is not inhibited in the future from making annexation decisions that could address future housing, utility, fire risk, tax base, or other issues. 16. The Town desires to be its own autonomous Housing Authority QUESTION BEFORE THE BOARD: Would you like to continue the conversation? Page 68 of 97 Legend Potential Primary Planning Area Town of Nederland Structure Assessor Parcel County Open Space County Conservation Easement Other Open Space USFS Land Nederland Private Conservation Easements Page 69 of 97 0 600 1,200 Feet N 1 inch = 1,200 feet Area of Detail Date: 11/28/2017 Lyons Jamestown Ward Erie Nederland Boulder Louisville The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer Document Path: V:\prjlu\2017\GIS-17-0148NederlandIGA\PotentialPrimaryPlanningAreas_11212017.mxd COMPREHENSIVE DEVELOPMENT PLAN INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("IGA") by and between the Town of Nederland, a Colorado statutory municipal corporation ("Nederland" or the "Town"), and the County of Boulder, a body politic and corporate of the State of Colorado ("Boulder County" or the “County”) (collectively, the “Parties”) is made to be effective on the Effective Date as defined on the signature page of this IGA. RECITALS A. Sections 29-20-101 through 29-29-109, C.R.S. as amended (“LUCEA”) authorizes the Parties to enter into intergovernmental agreements to plan for and regulate land uses in order to minimize the negative impacts on the surrounding areas and to protect the environment. LUCEA specifically authorizes local governments to cooperate and contract with each other for the purposes of planning and regulating the development of land by means of a "comprehensive development plan." B. Sections 29-1-201 through 29-1-207, C.R.S., as amended, authorizes the Parties to cooperate and contract with one another with respect to functions lawfully authorized to each of the Parties and the people of the State of Colorado have encouraged such cooperation and contracting through the adoption of Colorado Constitution, Article XIV, § 18(2). C. The functions described in this IGA are lawfully authorized to the Parties which perform such functions hereunder, as provided in Article 20 of Title 29; Part 1 of Article 28 of Title 30; Part 1 of Article 12 of Title 31; and Parts 2 and 3 of Article 23 of Title 31, C.R.S., as amended. D. On March 7, 2002, the Parties entered into a Comprehensive Development Plan Intergovernmental Agreement (the “Original IGA”) for a period of 20 years. The Original IGA was amended in 2009 for the Town to annex the 6.68 acre Town Maintenance Shop Parcel. E. The term of the Original IGA as amended ends in March 2022, and the Parties believe it is in the best interests of the citizens of the Town and the County to enter into a new intergovernmental agreement with the goal of continuing the spirit of collaboration that was established by the Original IGA and demonstrated through the Parties’ course of dealing throughout the current term of the Original IGA. F. In October 2003, the Parties entered into the Boulder County Countywide Coordinated Comprehensive Development Plan Intergovernmental Agreement (the “Super IGA”) which is designed to coordinate all of Boulder County’s comprehensive development plan IGAs, to recognize and protect each municipality’s planning area, and to preserve the rural character of the land outside of each community’s respective planning areas. G. The Parties believe that it is in the best interest of the residents of both communities to enter into a new IGA in order to preserve Nederland’s unique and individual character through the orderly development within a newly defined Nederland Planning Area (the “NPA”). The NPA contains a Primary Planning Area (“PPA”) where annexation and -1- Page 70 of 97 development may occur in accordance with the provisions of this IGA. The areas of the map not designated as PPA are designated as Rural Preservation Area (“RPA”) where the Parties’ intent is to preserve the rural quality of the land. H. The Parties have each held hearings after proper public notice for the consideration of entering into this IGA and the adoption of a comprehensive development plan for the subject lands. NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the Parties agree as follows: 1.0 PURPOSE AND INTENT. This IGA is intended to protect and enhance the Town's ability to coordinate its future growth into the PPA, and specifically for the following purposes: 1.1 Implementing Comprehensive Plans. This IGA is designed to implement the goals and policies set forth in the Parties’ respective comprehensive plans. 1.1.1. The Nederland Comprehensive Plan (referred to herein as the NCP) emphasizes the Town’s commitment to quality of life, sustainability and preservation of small town character, while addressing the need for quality, affordable housing, a diversified, sustainable local economy, and a compact, walkable land use pattern. 1.1.2. The NCP emphasizes proactively planning for the future and balancing the demands of environmental and economic sustainability with community character, historical preservation and property owners’ rights. 1.1.3. The Boulder County Comprehensive Plan, as amended from time to time, (the “BCCP”) seeks to protect agricultural lands, channel growth to municipal planning areas and consider environmental and natural resources in land use decisions. 1.1.4 BCCP policy CW 1.07 states that “[t]o accomplish a cooperative and coordinated land use planning effort among the region’s municipalities, it is herein the policy of Boulder County to enter into intergovernmental contracts with the municipalities for the purpose of implementing the land use proposals and policies of the jointly adopted municipal comprehensive plans.” 1.2 Recognizing Future Development is Appropriate in the PPA. This IGA intends to direct future development within the PPA to: avoid sprawl, ensure the provision of adequate services, provide access to opportunities for affordable housing and living, maximize the utility of funds invested in public facilities, transportation and services, distribute fairly and equitably the costs of government services among those persons who benefit therefrom, extend government services and facilities in an efficient, logical fashion, simplify the governmental structure of the affected areas, and reduce and avoid, where possible, conflict between the Parties. 1.2.1 Affordable Housing. The Town commits to seek ways to implement its land use and development regulations in a manner that reflects the community values of diverse housing choice and affordability. To do so, the Town will evaluate whether existing regulations include unnecessary barriers to creation and preservation of affordable -2- Page 71 of 97 housing. The Town also agrees to evaluate the merits of codifying a predictable, non- discretionary entitlement process for developments that will add to the Town’s affordable housing stock. Such a process could involve staff level approvals, fee reductions and waivers, density bonuses, design flexibility, or other innovations. 1.2.2 Parcel Specific Provisions. 1.2.2.1 Areas 1 & 3. Areas 1 and 3 are composed primarily of developed parcels in County-approved subdivisions. They contain single-family development in forested areas with some steep slopes. The areas are very susceptible to wildfire and have limited access. Therefore, the areas are not suitable for increased levels of development or density. The Town has indicated it has capacity in its water and sewer systems to serve some of the existing development if properties in Areas 1 and 3 were annexed. Service provision would benefit water quality. Therefore, the County and Town agree that the areas are eligible for the Town to annex provided that, at annexation, a conservation easement, a deed restriction, or other similar mechanism is provided in a form acceptable to the Town and County that allows no more density than currently permitted under the County Land Use Code for the areas, with the following exception: (a) Nederland may allow for accessory dwellings on existing parcels that are not yet subject to a conservation easement. For parcels already subject to a conservation easement, accessory dwellings may require a separate review and approval process by the County that may require payment to the County for a loss in a value to the conservation easement, if approval is granted. 1.2.2.2 Area 2. Properties in this area are subject to Boulder County deed restrictions that only allow annex for utility-related purposes. Increases in density are not allowed. 1.2.2.3 Area 4(a) (the “Evans Parcel”). The Evans Parcel contains a number of development constraints that must be addressed at the time of annexation. Previous development proposals for the site have recognized the need for affordable housing in the Town. Because the provision of affordable housing is a key benefit to the region, including this parcel in any annexation is contingent upon the following limits, which restrictions shall be implemented at the time of annexation through a mechanism acceptable to both the Town and County: (a) Residential development on the parcel may not exceed 50 units; (b) No development will occur on the steeper-sloping areas, as shown on the Map; (c) Comment [NW1]: To complete: Identify areas of the parcel where development is not appropriate Prior to any development on the parcel, the following plans for the site must be such as areas on steep slopes, provide adequate established with input and approval from the County: wildfire mitigation, safe buffers for neighbors and wildlife movement and routes to school, access location and improvements, and a plan for how impacts to wildfire protection. elk migration will be minimized. In addition, prior to annexation, the property owner must agree to restrict at least 50% of the total number of units to be affordable, as evidenced by a separate restrictive covenant, deed restriction, or -3- Page 72 of 97 similar mechanism to be recorded at the time of annexation, in a form acceptable to the Town and County. 1.2.2.4 Area 4(b) (“Eldora Road Parcel, Northeast”). The Town has indicated it has capacity in its water and sewer systems to serve existing development if the “Eldora Road Parcel, Northeast” was annexed. Service provision would benefit water quality. Therefore, the County and Town agree that the parcel is eligible for the Town to annex provided that, at annexation, a conservation easement, a deed restriction, or other similar mechanism is provided in a form acceptable to the Town and County that allows no more density than currently permitted under the County Land Use Code for the area. 1.2.2.5 Area 4(c) (“Water Utility Parcel”). The County and Town agree that the parcel is eligible for the Town to annex provided that, at annexation, a conservation easement, a deed restriction, or other similar mechanism is provided in a form acceptable to the Town and County that allows no more density than currently permitted under the County Land Use Code for the area. 1.2.2.6 Area 4(d) (the “Nederland High School Parcel”). The Nederland High School Parcel is eligible for the Town to annex, provided that any additional development on or redevelopment of the parcel is subject to approval by the Town and County. 1.2.2.7 Areas 5 & 6. Any new development approved by Nederland will be limited to that which would currently be allowed under the Boulder County Land Use Code for that area. Any development will be completed in a manner that is sensitive to natural resources and habitat, and does not conflict with the County’s trail network in the area. In recognition of potential cumulative impacts on elk migration in the Nederland area, a plan for how impacts to elk migration will be minimized must be established with input and approval from the County. 1.3 Maintaining Community Buffer. This IGA is intended to keep the RPA and the land outside the NPA rural in character to preserve a community buffer. 1.4 Protecting View Corridors, Watersheds and Allowing Only Compatible Development in the NPA. This IGA acknowledges the importance to both Parties of protecting sensitive natural areas, maintaining view corridors, enforcing nuisance ordinances and ensuring that new development is compatible with the character of both Nederland and adjoining County properties. 1.5 Fostering Intergovernmental Cooperation. This IGA encourages the Parties to collaborate to achieve common goals, including becoming more socially, economically and environmentally sustainable and supporting the public and private provision of cultural, educational, social and healthcare services in the NPA. -4- Page 73 of 97 1.6 Encouraging Transparent and Timely Decisions. This IGA is intended to encourage transparent, open communication between the Parties and to ensure that decisions pertaining to this IGA are made in a timely and efficient manner. 2.0 NEDERLAND COMPREHENSIVE DEVELOPMENT PLAN (IGA Plan). 2.1 IGA Plan Defined. This IGA, including the Map attached hereto as Exhibit A, is hereby adopted by the Parties as the Nederland Comprehensive Development Plan, and shall be known herein as the IGA Plan, as distinguished from the NCP. The IGA Plan shall govern and control the NPA, which is defined as the unincorporated area of Boulder County as shown on Exhibit A, or as subsequently amended in accordance with this IGA. With the exception of the Super IGA, this IGA Plan replaces and supersedes any and all previous agreements between the Parties concerning the NPA. 2.2 Nederland Planning Area Designations. The Map identifies, designates and defines the land to be known as the NPA, which consists of the Primary Planning Area (the “PPA”) and the Rural Preservation Area (the ”RPA”). 2.2.1 The PPA is the land that is planned for the expansion of the Town limits and which the Parties recognize is appropriate and intended for development. 2.2.3 The RPA represents areas that are expected to remain rural for the duration of this IGA, unless the Parties agree to an amendment of this IGA pursuant to section 11, below. 3.0 ANNEXATION AND DEVELOPMENT OF PROPERTY. 3.1 Land within the Primary Planning Area. 3.1.1 The Town may annex into its corporate boundaries any and all property located within the PPA, in accordance with state and local laws governing annexation. The Town agrees that it will only annex parcels in their entirety, not portions of a parcel, into the Town, unless mutually agreed to by the Parties. By executing this IGA, the County finds and declares that a community of interest exists between the Town and all property located within the PPA. The County will make reasonable efforts to cooperate with Town efforts to annex land in the PPA. 3.1.3 Any property that is disconnected from the Town after the Effective Date of this IGA (whether currently located within the municipal limits of the Town or later annexed into the Town after the Effective Date of this IGA) shall continue to be within the PPA for purposes of this IGA unless it is specifically excluded by a duly executed amendment to this IGA. 3.1.4 The Town and the County acknowledge and agree that the property within the RPA is intended to remain in the County’s regulatory jurisdiction and shall not be annexed or developed by the Town during the term of this IGA, unless mutually agreed to by the Parties. -5- Page 74 of 97 3.1.5 The Town agrees that if it annexes any part of a County road it will annex the entirety of that road. 3.2 Land Outside of the NPA. 3.2.1 The area outside the NPA is intended to remain in the County's regulatory jurisdiction for the term of this IGA, unless otherwise provided herein or by a duly executed amendment to this IGA. 3.2.2 The Town may annex lands outside of the PPA and expand the NPA only in accordance with Section 4 of this IGA. 3.3 Developing Areas with Constraints. When evaluating development applications within their respective areas of responsibility, both Parties will consider the impact of proposed development on the floodplain, natural areas, wildlife habitat, steep slopes, watershed and historically-and archaeologically-significant areas, and will require impacts to be reasonably minimized and mitigated. 4.0 EXPANSION OF THE NPA 4.1 Mutual Agreement. During the term of this IGA, expansion of the PPA, RPA, or NPA may only occur with the mutual agreement of the Parties and the corresponding amendment of Exhibit A in accordance with this IGA. 4.2 Nederland Planning Process. Any request for expansion of the PPA, RPA, or NPA must be consistent with the BCCP and the NCP and the Nederland Public Process. 5.0 OPEN SPACE. Acquisitions within the PPA. The County agrees that for the term of this IGA it will not purchase or otherwise acquire any land within the PPA for open space purposes, including conservation easements and transfer of density right sending sites without the approval of the Town. 6.0 COMMUNITY BUFFER. The County agrees not to allow more intensive zoning classifications for lands remaining in the County’s regulatory jurisdiction within the PPA and RPA, unless mutually agreed to by the Parties. 7.0 TOWN OF NEDERLAND UTILITIES. 7.1 Nederland Service Area. It may be necessary for the Town to seek additional water supplies, water storage, and water and wastewater treatment and delivery facilities, both within and outside the NPA. The areas designated in the Map portion of Exhibit A as the NPA shall constitute the Town's "Service Area" for all purposes, including but not limited to the County's Regulations of Areas and Activities of State Interest in Article 8 of the Boulder County Land Use Code. 8.0 IMPLEMENTATION PROCEDURES. -6- Page 75 of 97 8.1 Plan Amendment Required. A Plan amendment, agreed to by both the Town and the County, must occur in order to annex or to allow any use or development , or acquire for open space any parcel within the PPA where such annexation, use or development, or acquisition does not comply with the IGA Plan. The provisions of Section 11.0 of this IGA shall apply to any such Plan amendment. 8.2 Notice Required. The Parties each agree to undertake all steps necessary to adopt procedures, plans, policies, and ordinances or other regulations as may be necessary to implement and enforce the provisions of this Plan. The Parties agree that in adopting such procedures, plans, policies, ordinances or regulations, each will give the other Party sufficient notice of such action as will enable such Party, if it so desires, to comment upon the planned actions of that Party. Sufficient notice shall generally mean notice delivered to the other Party at least fifteen (15) days before the date of any public hearing or, where no public hearing will be conducted, before any deadline for the submission of public comment. 8.3 County Zoning Changes within the NPA. Where the County seeks to approve changes to the zoning of properties within the NPA after referral as provided herein, the Board of Trustees shall respond by resolution, approving or disapproving such change or suggesting conditions of approval. 9.0 REFERRALS. 9.1 Nederland Referrals to Boulder County. The Town shall refer in writing to the County: 9.1.1 Any application for annexation; and 9.1.2 Any proposed amendment to the NCP affecting any lot, tract, or parcel within the NPA. 9.2 Boulder County Referrals to Nederland. The County shall treat the Town as a formal referral agency and shall refer in writing to the Town: 9.2.1 Any application for zoning, rezoning, subdivision, PUD, replat, special use, limited impact special use, vacation, transfer of development rights, conservation easement or development (including site plan reviews) for any lot, tract, easement, rights-of-way or parcel within the NPA; and 9.2.2 Any proposed map amendment to the BCCP affecting any lot, tract, or parcel within the NPA; and 9.2.3 In addition to referring the foregoing applications and proposals to the Town, the County agrees to advise any applicant owning land in the PPA during the pre-application process (i.e., prior to formal application submittal) for any of the categories of development listed in Section 9.2.1 of the possibility of annexation into the Town, to encourage any such applicant to contact the Town concerning possible annexation, and to provide such applicants with the Town’s appropriate contact information. 9.3 Referral Period and Waiver of Period for Response to Referrals. The standard period for referrals shall be 30 days. Either Party may, for any given referral, elect to waive or reduce the -7- Page 76 of 97 period of time it requires to submit a response, and such election shall be made by written letter or electronic mail. 9.4 Failure to respond to referrals. Failure by either Party to respond to a referral shall entitle the referring Party to assume that the receiving Party has no comment concerning the application or proposal. 9.5 Communication with referral party. For any application or proposal required to be referred by Section 9.1 or 9.2, the referring Party shall use its best efforts to keep the other Party apprised of the status of each application or proposal, including but not limited to, mailing to the other Party notices of public hearings and meetings, staff reports, non-confidential memoranda concerning the status of the application or proposal, and notification of other activities and events associated with the processing of the application or proposal. Upon any final decision concerning the application or proposal, the referring Party shall notify the other Party in writing of the final decision including a general summary of any terms, conditions, or other details of the decision. 10.0 PARTNERSHIPS. 10.1 Intergovernmental Cooperation. The Parties recognize and acknowledge the need for intergovernmental cooperation on important local and regional land use matters and to achieve common goals. In accordance with the NCP, the Town and the County agree to cooperate in good faith in: 10.1.1 Collaborating to design, fund and construct regional trails that connect Nederland to Boulder County open space and other municipalities; 10.1.2 Working with the Colorado Department of Transportation, the Regional Transportation District and the Denver Regional Council of Governments to improve Nederland’s multimodal transportation system, including continuing to explore ways to improve bus service between the Town, its neighboring communities, and Boulder County destinations and to reduce emissions; 10.1.3 Continuing to freely share geographic information system data, maps and expertise; 10.1.4 Identifying and implementing programs to enhance opportunities for senior housing and affordable housing within the Town and the NPA; and 10.1.5 Cooperating in the identification of sites to provide more efficient governmental services, including, without limitation, sustainable waste management activities, and solar or other forms renewable energy generation facilities. 10.1.7 Enforcing nuisance ordinances to improve the appearance of properties in the NPA. 10.1.8 Implementing the Boulder County Sustainable Energy Plan. -8- Page 77 of 97 10.8.9 Implementing the Boulder County Regional Affordable Housing Strategic Plan. 10.1.10 Cooperating on joint ventures to finance and provide for cultural and recreational opportunities for Town residents and people living in the NPA and surrounding neighborhoods. 10.1.11 Collaborating to construct a cost effective, highly diverse, and resilient wastewater treatment system to serve the NPA that is both environmentally beneficial and aesthetically pleasing. 10.1.12 Cooperating on the provision of water and sewer services to properties in the RPA by the Town. 10.1.13 Cooperating to preserve historic and cultural resources within the NPA. 11.0 AMENDMENTS. 11.1 Entire Agreement. This IGA, together with the Super IGA, contains the entire agreement between the Parties and, with the exception of the Super IGA, supersedes any other or prior agreements concerning the same subject matter. 11.2 Changes to IGA. Any proposed amendment to the IGA affecting the jurisdiction over lands or the development regulation of lands must be referred to the other Party by the Regulatory Party. The "Regulatory Party" shall mean the Party having final land use or annexation approval jurisdiction, as the context requires. Amendment of the IGA shall take place only upon approval by resolution or ordinance adopted by the governing body of both of the Parties, after notice and hearing as may be required by law. The Regulatory Party shall not approve nor permit any development or change of use of any parcel within the NPA by any means in a manner inconsistent with this IGA until and unless the IGA has been amended so that the proposed development or use of such parcel is consistent with the IGA. 11.3 Timely Decisions on Amendments to IGA. The Parties agree that within thirty (30) days after receipt by one Party of an amendment proposed by the other Party, the Parties will agree on and establish a schedule for processing and taking final action upon the amendment proposal. 12.0 NON-SEVERABILITY. If any portion of this IGA is held by a court of competent jurisdiction in a final, non-appealable decision to be per se invalid or unenforceable as to any Party, the entire IGA shall be terminated, it being the understanding and intent of the Parties that every portion of the IGA is essential to and not severable from the remainder. 13.0 BENEFICIARIES. The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of the IGA, and no other person or entity is so intended. 14.0 ENFORCEMENT. Either or both of the Parties may enforce this IGA by any legal or equitable means including specific performance, declaratory relief, and injunctive relief. No other person or entity shall have any right to enforce the provisions of this IGA. The Parties -9- Page 78 of 97 agree to discuss and attempt to resolve any dispute in the interpretation or application of this IGA, including but not limited to any dispute regarding a request to terminate this IGA, but if they are unable to do so, either Party may request that the matter be presented to a mediator selected and paid for jointly by the Parties. 15.0 DEFENSE OF CLAIMS/INDEMNIFICATION If any person allegedly aggrieved by a provision of this IGA who is not a party to the IGA asserts or attempts to assert any claim against any Party concerning such IGA provision, Boulder County shall, and the Town may, defend such claim upon receiving timely and appropriate notice of the pendency of such claim. Defense costs shall be paid by the Party providing such defense. In the event that any person not a party to the IGA should obtain a final money judgment against the Town for the diminution in value of any regulated parcel resulting from regulations in the IGA or regulations adopted by the Town implementing the IGA, the County shall, to the extent permitted by law, indemnify the Town for the amount of said judgment. 16.0 GOVERNING LAW AND VENUE This IGA shall be governed by the laws of the State of Colorado and venue shall lie in the appropriate court(s) for Boulder County, Colorado. 17.0 TERM AND TERMINATION This IGA shall remain in effect until [date], 2032, unless otherwise terminated earlier by mutual agreement of the Parties. 18.0 PARTY REPRESENTATIVES Referrals made under the terms of this IGA shall be sent to the Parties' representatives as follows: County of Boulder Director, Land Use Department P.O. Box 471 Boulder, Colorado 80306 With a copy to: Boulder County Attorney’s Office PO Box 471 Boulder, Colorado 80306 Town of Nederland Karen Gerrity, Town Administrator P.O. Box 396 45 W. First Street Nederland, Colorado 80466 Name and address changes for representatives shall be made in writing and mailed to the other representatives at the then current address. 19.0 COUNTERPART. This IGA may be executed in any number of counterparts which together shall constitute the agreement of the Parties. -10- Page 79 of 97 20.0 EFFECTIVE DATE. The effective date of this IGA shall be the date on which both Parties have approved and executed the IGA by signing where indicated below. TOWN OF NEDERLAND: Board of Trustees By: ______Mayor Kristopher Larsen, Mayor Date:______ ATTEST: ______Comment [KMP2]: Make these consistent lengths APPROVED AS TO FORM: ______ COUNTY OF BOULDER: BOARD OF COUNTY COMMISSIONERS By:______Deb Gardner, Chair Date:______, 2017 ATTEST: ______ APPROVED AS TO FORM: ______ -11- Page 80 of 97 NEDERLAND PRIMARY PLANNING AREA 6J 6 2 Legend N 12 1 CR 126 CR R C BON ANZA Primary Planning DR Area (PPA) reek wood C Sher CR 103 Town of Nederland 2 Public Lands E RD H IN RIDG U 128W DIA R N P R CR EAKS IC County Open Space DR A 1 N 2 E 6 2 H County Conservation S I 7 L L C D Easement A H RD R INAL S C 1 RD R Other Open Space 1 2 6 S USFS Land ir ervo Res Private Conservation adow er Me Easements Nederland Bark CAR D 3 IBOU R N Page 81 of 97 orth Be *PPA numbers designate areas for aver Creek parcel specific provisions reek oulder C M dle B *The intent of this map is to show i d the Nederland Primary Planning Area in more detail. It is a subset of the Nederland Planning Area IGA Map. 4b 0 1,000 2,000 ft N 4c 1 inch = 2,000 feet 4a Date: 2/9/2018 Area of Detail 6 5 Lyons S H 4d D 1 R 1 Jamestown 9 RA OLIA DR Boulder DO MAGN Ward EL Boulder Nederland H A Superior U L R D The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer Doc Path: V:\prjlu\2017\GIS-17-0148NederlandIGA\MXDs\NederlandPPA_02092018.mxd NEDERLAND PLANNING AREA IGA MAP and tzerl 08 11 12 Swi 07 12 07 09 10 07 08 rail 09 10 11 12 11 T H ILL RD Legend OLD 14 G Sw 16 15 14 13 18 17 i tzerl 14 13 18 13 18 17 16 andTrail 15 72 Nederland Planning T1NR74W T1NR72W Area (NPA) T1NR73W F 21 OUR ON DR 19 22 23 24 19 20 21 MIL ANY 24 20 Sw E C 19 24 it 23 ze 22 23 rla Primary Planning nd Area (PPA) . RD Trail S 26 25 28 27 E 25 30 29 28 27 T1NR71W 26 30 29 K Rural Preservation 26 A 25 27 L 30 Area (RPA) 28 P RIM OS BOW C R RAIN R D 1 31 Town of Nederland 33 34 35 36 31 32 33 34 35 36 0 31 32 33 34 35 36 3 NPA Boundary Description 05 06 04 All lands in Boulder County that are 04 03 02 F 01 04 03 02 01 05 03 02 01 O 06 05 U also within T1S-R74W; T1S-R73W; R T DR H A and the western 5/6th of T1S-R72W. LI O OF J N U 26N 126 G L CR 1 A Y 10 11 12 08 09 10 M 12 09 10 11 12 08 09 CR 07 11 08 R 07 128W *See the Nederland Primary Planning D CR RD Page 82 of 97 RIDGE Area Map for PPA details C AR C 13 T1SR74W T1SR73W IB T1SR72W R O 17 16 15 15 U D 13 18 14 6 17 16 15 14 13 18 17 16 R 8 14 Nederland D R L A A 22 0 1 2 R HA 19 Z O 23 UL 21 Y 23 24 23 21 LD RD 20 C mi 20 21 22 24 19 20 E R RD N . 22 24 1 inch = 2 miles 9 Z C 7 R 29 28 27 26 29 26 25 30 29 28 27 26 25 30 9 25 28 27 9 Area of Detail Date: 2/9/2018 119 Grand County Gilpin County 72 Lyons 36 Jamestown Ward Boulder Boulder Nederland Superior The user agrees to all Terms of Use set forth by Boulder County. For Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer Doc Path: V:\prjlu\2017\GIS-17-0148NederlandIGA\MXDs\NederlandIGA_02092018.mxd Background and Summary of Key Discussion Points for Amendment to Nederland Comprehensive Development Plan Intergovernmental Agreement -DRAFT- Prepared by Boulder County Land Use Staff, February 9, 2018 Introduction This document provides an overview of the process to date for updating the Comprehensive Development Plan Intergovernmental Agreement (IGA) between Boulder County and the Town of Nederland, as well as a summary of changes reflected in staff proposed draft IGA language. Concepts and specific details of the IGA update are subject to change based on input from the public process, as well as internal referral to other county departments. Background The current IGA does not allow for annexation without an amendment to the IGA. In 2014 the Town of Nederland referred an annexation petition to Boulder County for review and action pertaining to annexation of the “Evans property” (also referred to as “Aspen Trails” and more recently the “Bobcat Ridge Development”).1 This prompted the county to open Docket IGA-14-0001 to process the IGA amendment required for annexation to proceed. The Boulder County Planning Commission recommended denial in a hearing on December 16, 2014. At a hearing on March 5, 2015 the Board of County Commissioners (BOCC) put the docket on hold, expressing a number of concerns that needed to be addressed. Concerns related both to the proposed development at the site, as well as ensuring the Town’s interest in expansion and development. During 2016 and 2017 Boulder County staff held discussions with Town of Nederland representatives and the Bobcat Ridge developer to review BOCC’s concerns and discuss a path forward. It was determined that a comprehensive review of the town’s potential expansion opportunities was warranted as opposed to looking at the proposed Bobcat Ridge Development in isolation. Discussion between town representatives and county staff resulted in development of the February, 2018 draft amended IGA. This document summarizes key discussion points leading to the development of the February 2018 draft. Summary of Key Discussion Points Discussion leading to the draft amended IGA reflect Town of Nederland’s goals identified for the IGA update,2 Boulder County staff’s efforts to address BOCC’s previously expressed concerns related to Docket IGA-14-0001, and current land use planning priorities. 1 Referred by Town of Nederland Board of Trustees Resolution 2014-14. 2 At the December 19, 2017 Town of Nederland Board of Trustees meeting four main goals were considered for the IGA update: 1) reduction of emissions, wildfire prevention and preservation of the rural mountain character; 2) clarification of the rules for annexation and autonomy for the Town regarding zoning and building projects, especially within town limits; 3) increased opportunities for people living on the town limits borders to be involved in the town’s policy making; 4) improved standards for intelligent developments and densification. Additional goals and objectives are noted in the town’s staff packet for the January 18, 2018 Board of Trustees meeting. 1 Page 83 of 97 Municipal Influence Area / Primary Planning Area The Town of Nederland expressed an interest in annexing developed parcels adjacent to the current municipal boundary. The town’s water and sewer infrastructure has the capacity to accommodate additional service area, and connection to the town’s services would benefit water quality. Recognizing the town’s long-held interest in maintaining its unique character, and that additional development would have impacts on wildlife (e.g., elk migration), transportation and the environment, the draft IGA reflects limited expansion of the area eligible for annexation. The draft includes parcel-specific language for the properties that would become eligible for annexation, restricting additional residential density beyond that which is currently allowed under county jurisdiction, with the exception of the Bobcat Ridge property. Affordable Housing The draft includes language highlighting the importance of developing additional affordable housing in the town. It also recognizes the cooperative relationship between the town and the Boulder County Housing Authority, and the Regional Affordable Housing Strategic Plan. In the case of the Bobcat Ridge property the draft includes language specifying an affordability requirement for 50% of new residential units developed on the property. Road Annexation Annexations need to include the entire Right of Way of the county road, and Nederland will take responsibility for the maintenance, repair and replacement of the roads. In the case of the Bobcat Ridge property this affects CR130 (adjacent to Bobcat Ridge/Nederland High School) and Ridge Road. Term The current IGA went into effect in March, 2002 with a 20 year term. The draft reflects an expiration date of 2032, 10 years from the current 2022 expiration date. Amendment Procedures and Referral Timing The draft IGA includes changes to streamline amendment procedures, and to ensure timely responses to referrals and establishment of clear procedures for processing amendments. The current IGA requires a five-step process for amending the IGA to approve annexations, with recommendations from both the town and county planning commissions, approval by the Board of Trustees and BOCC, and a vote of the town electorate. In contrast, the draft IGA includes a Primary Planning Area within which annexation can occur with no amendment to the IGA or decision role for the county, and no vote of the town electorate. The draft IGA includes a 30 day referral period. 2 Page 84 of 97 Feedback from Boards and Commissions Regarding Boulder County Comprehensive Development Plan IGA Planning Commissioners’ Review of DRAFT Boulder County Comprehensive Development Plan IGA From DRAFT minutes of March meeting: Vice Chair Williams noted this item is discussion only and will not be voted upon at this meeting. Gerrity explained she has been given legal advice to ensure the discussion doesn’t stray into quasi-judicial territory as Commissioners can consider the Primary Planning Area (PPA), but not speak about specific projects. Gerrity said the IGA between Boulder County and the Town of Nederland went into effect in March 2002 with expiration in March 2022. She said annexation requires approval by the BOT, Board of County Commissioners (BOCC), and a vote of the Nederland residents per the 2002 IGA requirements. She said she’s been involved in conversations between Boulder County staff and the BOT in the last months. The BOT desired to present the draft IGA extension in a public process along with the Nederland Planning Process (NPP) to provide feedback for the Board. Gerrity said the draft IGA would streamline procedures and includes identified primary planning areas in which annexation could occur with no further amendment needed, nor vote of the electorate. The original IGA doesn’t include a PPA. These identified areas would not be automatically annexed, but rather wouldn’t require the current elongated process, with IGA amendment and approval. She said property owners would need to request annexation, which would then happen at the local level following State Statutes. If the IGA is extended it would govern annexations until 2032, due to the BOT’s desire to reduce the period to 10 years. Mayor Pro Tem Wood said without an IGA, the State law allows the Town to annex properties, but the IGA requires County review and approval. Wood said this renewed IGA won’t make it simpler than state law, and in this version the County becomes the Town’s Housing Authority. Gerrity noted a change of that language in the most current DRAFT, and that the Town has been collaborating with BCHA for many years. Herring asked about the benefit of updating the IGA. Gerrity said the BOT identified a list of goals which include addressing current requests from property owners to annex, an increase in property tax revenue, and the ability of people living outside the town limits to participate in elections and volunteer for boards and commissions. The full list is included in the packet. Bakke provided background information upon the rampant annexations in the 90’s and early 00’s that begot the IGA, despite only a few annexations into the Town. Gerrity said her discussions with those involved in the genesis of the IGA for Nederland mentioned preservation of open space surrounding the Town and to minimize development. Gerrity read the stipulations proposed within the draft’s Parcel Specific Provisions section as she displayed the proposed map. She said Boulder County wrote the language and Town staff and the BOT Page 85 of 97 has not yet provided feedback specific to the parcel specific provisions. She said the section north of Area 1 contains larger lots and Boulder County staff suggested that the town conduct a survey of the property owner to gauge their desire for inclusion in the PPA. Gerrity read the Trustee’s 4 main goals for extending the IGA, along with minor goals outlining the consideration for extension. Commissioner Herring said the main incentive appears to be for projects to be proposed in the next 3-4 years requiring 10 more years of County oversight. Gerrity said they cannot specifically discuss a project, but there is criteria listed concerning Area 4a which Boulder County staff identified as the Evans parcel, that has been in a holding pattern for a couple years. Commissioner Duggan asked if there is an urgent need. Gerrity acknowledged the requests for annexation, increase of infrastructure which could reduce the overall costs to be shared by more users, allowance of extra revenue, and ability for involvement upon Town boards and elections. She asked if the Commission wants to consider specifics or has general comments for the Board. In noting Area 2 near Caribou Ridge, the intention is to allow tapping into Town utilities. Bakke spoke to the challenge of managing utilities for properties that currently fall under Boulder County’s building permitting purview. Gerrity read conditions for Area 4a – the Evans parcel, which has the most restrictive requirements; as well as the parcel at Area 4b, a private property owner; Area 4c owned by the Town of Nederland; and Area 4d containing the Nederland Middle and Senior High School. Vice Chair Williams opened the Public Hearing portion. Public Comment: Dustin Frank, of Nederland, said he recently relocated to Nederland. He said he agrees with IGA extension to reduce utility costs and for tax revenue to benefit the Town rather than Boulder County. Kayla Evans, of the greater Nederland area , said extension would allow for the construction of affordable housing sooner, due to the extreme need that worsens each year. She said this is an urgent issue for those in need of housing stability who cannot wait 3-6 more years. Evans said it behooves Boulder County to negotiate with the Town to extend an IGA and allows Nederland an opportunity to bargain. Vice Chair Williams asked if the draft’s stipulations are negotiable. Gerrity said the BOT is seeking feedback on big picture as well as specific considerations therein. Commissioner Herring expressed doubt about achieving accord due to the number of property owners in areas 1 and 3. Evans said the facts haven’t yet been publicized. She asked who responds to police and fire emergencies in areas 1 and 3. Gerrity and Wood clarified these areas are covered by agreements with Boulder County and Nederland for overlapping coverage. Evans said building codes and permits would be processed by the Town which is a faster process, and any annexation would still need to go to vote of residents. Page 86 of 97 Mayor Pro Tem Wood said the parcels in Areas 1 and 3 are mostly built out, thus it may not behoove them to annex. Vice Chair Williams closed the Public Hearing portion. Mayor Pro Tem Wood said property owners should be informed if it will go forward. Commissioner Herring said the BOT will want to weigh the economic benefits, but it’s essential to understand the desire of property owners to annex in these proposed areas, otherwise the benefit to undertake an IGA extension may be minimal, as opposed to allowing the IGA to expire in 2022. Mayor Pro Tem Wood said the Big Springs Egress project could be easier with annexation of Area 6. Gerrity noted that the Boulder County Commissioners expressed support for this project in their joint meeting with the BOT and that the Forest Service expressed support in allowing the town to use their property for the egress. Gerrity said the draft minutes from PROSAB and SAB, along with the Commission will be included for review by the BOT. She said the associated PPA restrictions are negotiable, however these were stipulations put forth by Boulder County staff. Commissioner Herring said there should be a compelling reason to undertake an extension, and asked about the benefit to the Town and demand expressed by residents within these areas. She further inquired about the process as outlined in the State Statutes. Gerrity asked if a Joint Session would be beneficial. Vice Chair Williams requested a public forum process, which is challenged by being unable to discuss particular projects. Commissioner Herring stated that it would be most helpful as an informational meeting. Gerrity said property owners in the PPA must request annexation and meet any IGA requirements. She said Town staff has received interest from individual property owners within the planning areas. PROSAB’s review of new Boulder County IGA (link) is stated below in their DRAFT minutes. Discussion was around the Ned/BC IGA. Dallas noted that the specific details of the IGA are still under discussion, so comments should be focused on big picture comments on going forward with an IGA. Some points made regarding the IGA. * The IGA defines a new primary planning area, which defines areas which could be annexed into the Town of Ned. However, annexation requires property owners to request annexation. Primary reasons people would be expected to request annexation would be for voting rights, ability to serve on Town Boards, or in some cases for public services (water/sewer). Dallas noted that the current IGA with Boulder County expires in 2022, and after that Ned reverts to CO state law where annexation does not require county input at all. * Comments from PROSAB Members * Josh noted that the specified goals stated by Nederland to increase density in existing Town are not in agreement with the proposed IGA which is intended to grow Town with the Evans parcel. He Page 87 of 97 also noted the impact on wildlife specifically in the Evans parcel area, which has a documented and studied history as an elk migration path. He noted that his comments are in line with the several letters PROSAB received via e-mail with respect to wildlife impacts and traffic congestion. Josh was clear to disclose that he lives very near the Evans parcel. * Kris expressed long-term concerns with urban sprawl in Nederland. Based on the existing policy discussion with the BOT to promote affordable housing above all else he is concerned that any increase in the primary planning area will be taking the first steps to ultimately increase developments surrounding Nederland. Specifically, since Town of Nederland could allow multi-family developments in parcels much smaller than BC would. He noted that as long as we keep building and growing people will fill the space and that we should keep the City of Boulder in mind where preservation of rural and open space takes the highest priority. * Josh asked why would Town not want the IGA? Discussion from group was that possible answers would be 1) with no BC IGA Nederland can easily control its annexation to any adjacent properties with no oversight from BC (purely CO state law). 2) Costs to maintain roads of annexed area may not be desirable, or 3) there could be question if Town could provide needed services to those seeking annexation. * Dallas noted that the IGA and associated details that the BOT works out with BC would come back to PROSAB for further comment as part of the Ned Planning Process. POST MEETING NOTES: This section regarding specific names of public comment received was not explicitly discussed, however this comments are recorded here for historical record. The following people e-mailed PROSAB specifically regarding the Evans Parcel proposed development. * Ray Howe, 3/6/18 – opposed for reasons of wildlife impact and traffic congestion * Robert Goolsby, 3/7/18 – opposed for reasons of wildlife impact and traffic congestion * Payson Sheets, 3/12/18 – opposed for reasons of wildlife and traffic impacts * David Hallock, 3/12/18 – opposed for reasons of wildlife, provided reference to elk migration study data SAB Feedback from chairperson. Specifically we wanted the IGA to focus on infill and sustainable development. Since it is not ready as a ‘document’ we couldn’t really frame full opinions. The prerogative for Nederland to have more autonomous say in the annexation process was discussed, but the majority of the board approved of BoCo’s development record and feel the whims of Nederland’s changing government should be monitored by BoCos oversight in the IGA and annexation processes. Page 88 of 97 March 4, 2018 Dave Hallock 2478 Eldora Road Nederland, CO 80466 303-258-3672 928-474-9475 Boulder County Commissioners Boulder County Planning Commission Nederland Town Council Nederland Planning Commission Nederland Parks, Recreation & Open Space Advisory Board Nederland Sustainability Advisory Board RE: Proposed Amendments to the Comprehensive Development Plan Intergovernmental Agreement (IGA) between Boulder County and the Town of Nederland These comments pertain to the proposed changes to the Nederland-Boulder County IGA, and particularly the 17 acres of land that are adjacent to the Town on its west side along County Road 130 (area 4a on Nederland Primary Planning Area map, also called Evans Parcel). One measure of the ecological well-being of a landscape is the ability of wide- ranging mammals, such as mountain lion, bobcat, elk, moose, lynx, and black bear, to make long-distance movements. As a landscape becomes more fragmented by roads, towns, subdivisions, fencing, and trails, it gets harder for them to fully utilize their range. I have always thought that the presence of elk in western Boulder County was a positive sign, and the fact that they can still make a 20-mile movement between summer and winter range. The Arapaho Ranch functions primarily as transitional range (spring and fall) for members of a herd of elk, which is sometimes called the Winiger Ridge herd. This is a cow/calf/young bull herd. I have casually and systematically tracked this herd of elk since the late 1970s, and was hired to track radio-collared members of this herd for four years in the late 1980s (Lake Eldora Elk Study 1991). Their primary wintering grounds is east of the Peak-to-Peak Highway along Magnolia Road, running east to Winiger Ridge and further east to Walker Ranch (Figure 1). Spring movements from winter grounds to the Arapaho Ranch are generally conducted from the end of April through May, depending on weather. Spring movements are often long-distance (5-10 miles), over one to a few nights, and often coincide with a full moon period. Fall movements from the Arapaho Ranch back to winter grounds occur over a longer time period and are often driven by winter storms. Occurrence can run from late October through early January. The Arapaho Ranch is a montane parkland, a relatively flat basin of grasslands, wetlands, riparian habitat, and surrounding conifer/aspen forests. It is to Middle Boulder Creek what Caribou Ranch is to North Boulder Creek and Tolland Ranch is to South Boulder Creek. They are nodes of exceptional biodiversity for numerous wildlife species. Elk are generally on the Arapaho Ranch during spring and fall. Pregnant cows 1 Page 89 of 97 may calve on the ranch in May and June. Some elk may stay through the summer, while others may be present during portions of the winter, depending on snow depth and severity of weather. West Magnolia, including the property, functions mostly as a habitat connector between winter grounds and the Arapaho Ranch for this herd. To get to and from the Arapaho Ranch, elk must circumvent the Town of Nederland on its south side and cross two paved roads, one of which is a State Highway. West Magnolia is important as it falls between the two paved road crossings - the Peak-to-Peak Highway and County Road 130 (Eldora Road). The highway crossings generally occur at night, and the elk may stay in West Magnolia for a day or two before making the second paved road crossing. Hiding cover (forested land) is important for movement and seclusion. The crossing of CR 130 between West Magnolia and the Arapaho Ranch generally occurs around two locations: one is through the Evans Parcel and the other is west of Nederland Jr./Sr. High School and a house with cross-fencing (Figure 1). These locations were documented in the 1991 Lake Eldora Elk Study and continue to be valid (Figure 2), including movement across the property the day after the 3 foot snowfall last May (Figure 3). The area to move across CR 130 is constrained by the Town of Nederland on the east and the rise in topography climbing Tennessee Mountain on the west (about where the Lake Eldora Ski Road takes off from CR 130), a distance of approximately 1.3 miles. Almost a third of this portal across CR 130 is difficult to cross due the presence of tall chain-link fencing around much of the Jr./Sr. High School, and the fenced pastures of a residence just to the west. Development of the Evans Parcel would make movement across CR 130 more difficult for another third of a mile. Over half of the crossable area along CR 130 would present barriers to wildlife movement across CR 130. Keep in mind that the presence of Barker Reservoir and the Town of Nederland blocks elk from coming from the east to the Arapaho Ranch; one can only imagine what role Barker Meadow played for wildlife before being inundated to make a reservoir. Through the Evans Parcel along CR 130, movements have been observed starting northeast of the Town of Nederland Water Treatment Plant and continuing northeast to the small swale (Figure 4). It is possible that the movement corridor through the property is a favored route, particularly for the spring movement, as it is the shortest and most level route between West Magnolia and the Park Hill portion of the Arapaho Ranch, a favored location of the elk for daytime hiding cover. We focus on elk as we know the most about their movements, and it is easier to track the movements of a herd of animals. It should be kept in mind that other species, including black bear, mule deer, moose, coyote, bobcat and fox have been observed using the same corridor through the Evans Parcel. How wildlife will respond to development on the property is difficult to predict. The herd of elk that use the corridor running through the Evans Parcel is hunted and generally move away in response to the presence of people. This differs from elk seen in Estes Park, where the animals have little experience with being hunted. The Winiger Ridge herd does not wander into downtown Nederland. They also do not go through the high school. Development of the property will likely cause animals to use it less, and for some, maybe not at all. The movement corridor will become more constrained. For animals that continue to use Evans Parcel, the probability of animal-human encounters should increase. Likely forest thinning for wildfire mitigation might also cause elk to avoid this parcel as they favor denser forests for hiding cover. 2 Page 90 of 97 Page 91 of 97 Page 92 of 97 FIGURE 2: Elk Tracks Crossing CR 130 from Evans Parcel, June 2, 2015 Photo 1A: Well-formed elk trail coming off of Evans Parcel. Photo 1B: Elk tracks on north side of CR 130 opposite Photo 1A. Page 93 of 97 Location #2 on Figure 4. Location #2 on Figure 4. Photo 2A: Well-formed elk trail coming off of Evans Parcel. Photo 2B: Well-formed elk trail on north side of CR 130 opposite Location #3 on Figure 4. Photo 2A. Location #3 on Figure 4. FIGURE 3: Elk Tracks Crossing CR 130 from Evans Parcel, May 20, 2017 Photo 3: Elk tracks coming down hillside off of Evans Parcel. This is location #2 on Figure 4 and the same location as Photo 1A. Photo 4: Elk tracks coming off of Evans Parcel. This is location #3 on Figure 4 and the same location as Photo 2A. Page 94 of 97 Page 95 of 97 Page 96 of 97 modifications of the original plan? Have the Commissionersor Trustees seen a business plan with costs? Among the builders I consulted regarding the plan is a builder who builds apartments in Las Vegas. His advice was that the objective of affordable housing is not feasible with the plan that has been presented. Thisbuilder isat present involved in the building of 1,800 apartments in LasVegas, and he knows costs. The l7—acre parcel is owned by three family members. The two major owners of the parcel visualizeda more modest, less invasive development when they firstrequested annexation. The proposal has evolved into something totally different from what they originally envisioned. They have not taken any action since they, as well as l, have thought the proposal was defunct. They are now considering rescinding their agreement to the 2014 annexation request because they have not been included in the planning or any of the actions along the way. They have tried to get cost information and full disclosure of plans from the real estate promoter and have been unable to do so. Who is the developer, and what is the source of financing? Could expected income repay construction loans? The proposed development betrays the objective of the Conservation Easement, which was placed on Arapaho Ranch. Thiswas put in place with great dedication to the preservation and protection of Arapaho Ranch and the Eldora valley. The goal intended was to prevent the type of development that is being proposed. Such a complex would destroy the atmosphere of the entire valley and jeopardize wildlife. A documented elk migration route goes through the parcel in question. Thisissue has never been satisfactorily addressed. The proposed development would seriously threaten intended protection of the elk and other wildlife that was hoped for by putting the Conservation Easement in pla ce. The elk are already cut off by the high school and the town facility just east of the h school. There are other issues not addressed, such as the additional traffic that would be created in an already stressed corridor. Ski traffic in the winter makes it almost impossible to get out of our front gate. Summer traffic is so high that a shuttle has to be run from the high school to the Indian Peaks Wilderness area. The proposed development iscompletely incompatible with the surrounding neighborhood of single- family homes. The development would be on north-facing slopes where ice and snow linger all winter, making maintenance a problem as we IIas crea ting less than ideal living conditions. This is not an appropriate loca ?on for such a comple x for many reasons. It is unthinkable that modification of the IGA is being contemplated in order to build this development. Thank you for your consideration. Sincerely yours, (Mrs.) irginia H. Evans Page 97 of 97