BOARD of TRUSTEES Tuesday, September 3, 2019 @ 7:00 PM Nederland Community Center

Home , James Peak

The Town of Nederland Agenda

BOARD OF TRUSTEES Tuesday, September 3, 2019 @ 7:00 PM Nederland Community Center

Page

1. CALL TO ORDER

2. ROLL CALL

3. CONSENT AGENDA

3.1. Approval of 8/20/2019 Warrants 3 - 11 3.1 BOT 8/20/2019 Warrants

3.2. Approval of 8/20/2019 BOT Meeting Minutes 12 - 21 3.2 8.20.2019 BOT Meeting Minutes

4. PUBLIC COMMENT ON NON-AGENDA ITEMS

5. INFORMATIONAL ITEMS

5.1. April & May 2019 Financials 22 - 27 5.1 April & May 2019 Financials

5.2. Nederland Community Center Recommendation to Reallocate CIP Funds 28 5.2 AIM - NCC Recommendation to Reallocate CIP Funds

5.3. Downtown Development Authority (DDA) Presentation 29 - 31 5.3 DDA Informational Presentation.docx

6. ACTION ITEMS

6.1. Approval of Ballot Language for DDA Re-authorization of the DDA Resolution 32 - 35 2019-10 6.1 AIM - Approval of Ballot Language for DDA Re-Authorization 6.1 DDA Resolution 2019-10

6.2. James Peak Brewery Special Review Use (SRU) Approval 36 - 69 6.2 AIM - James Peak Brewery SRU Approval 6.2 19LU-009 Land Use Application - Front Patio SRU - James Peak Brewery 6.2 James Peak Brewery - Narrative and Supporting Documents 6.2 Improvement Survey Plan (Portion of 1st Street) 8.2010 6.2 James Peak Floor Plan with Patio Extension 6.2 Draft SRU Agreement - James Peak Brewery 6.2 Planning Commission Draft Minutes 8.27.2019 6.2 James Peak Brewery - Plan to address PC Recommendations

7. DISCUSSION ITEMS

7.1. Inter-Governmental Agreement 70 - 100 7.1 AIM - Intergovernmental Agreement 7.1 Draft Comprehensive Development Plan IGA - Redlined

BOT Packet - 09/03/2019 - Page 1 of 101

7.1 Draft Comprehensive Development Plan IGA - Clean Version 7.1 Nederland Planning Area IGA Map 7.1 Nederland Primary Planning Area Map 7.1 Nederland Primary Planning Area Resources Map

7.2. 7.2 Class C License for Short Term Rentals 101 7.2 AIM - Class C License - Short Term Rentals

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 - 09/03/2019 - Page 2 of 101 8/20/2019 2:53pm 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 Carousel of Happiness Books, PO Box 1306, Nederland, CO, 80466 1515- 7 08/12/19 6 - Mr. Turtle 08/12/19$15.00 $15.00 10-13-5670 Supplies for Resale $25,000.00 ($10,634.89)

$15.00 Chris Bauer, PO Box 474, Nederland, CO, 80466 2019-08-16Bauer 08/16/19 stickers: 25 "coolest man" & 10 "Amendment" 08/16/19$70.00 $70.00 10-13-5670 Supplies for Resale $25,000.00 ($10,634.89)

$70.00 9 B&F Super Foods, PO BOX 1408, Nederland, CO, 80466 2019-07 07/31/19 July 2019 B&F charges 08/15/19$20.94 $20.94 10-20-5830 Meals $400.00 $200.69

$20.94 11 Boulder County, PO BOX 471, Boulder, CO, 80306 50017 07/18/19 fuel - April, May, June 2019 08/17/19$2,153.04 $2,153.04 10-18-5515 Fuel $10,000.00 $5,736.73 50017 07/18/19 fuel - April, May, June 2019 08/17/19$4,186.82 $4,186.82 10-20-5515 Fuel $15,000.00 $3,830.98

$6,339.86 17 Century Link, PO Box 91155, Seattle, WA, 98111-9255 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$149.85 $149.85 10-12-5232 Phone $1,980.00 ($4,466.53) Page 3of101 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$71.29 $71.29 10-12-5233 Internet $2,974.34 ($872.38) 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$67.02 $67.02 10-13-5232 Phone $750.00 $219.31 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$156.47 $156.47 10-18-5232 Phone $1,907.28 ($335.45) 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$46.34 $46.34 10-20-5232 Phone $1,121.52 $432.49

$490.97 18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-2187 1473693869 07/31/19 phone bill - long distance July 2019 08/10/19$2.49 $2.49 10-13-5232 Phone $750.00 $219.31

$2.49 33 Interwest Safety Supply, PO BOX 31, Provo, UT, 84603 42953 08/05/19 3 street signs 08/25/19$163.04 $163.04 10-20-5535 Minor Supplies (signs) $3,500.00 $3,011.88

$163.04 34 JVA, Inc., 1319 Spruce Street, Boulder, CO, 80302 78850 07/29/19 2122.16.1c: Big Springs Egress Final Design 08/08/19$500.00 $500.00 10-99-9410 DOLA $950,000.00 $847,317.20

$500.00 35 L.G. Everist, Inc., SDS-12-2515, PO BOX 86, Minneapolis, MN, 55486-2515 456839 08/06/19 class 6 road base 08/21/19$1,778.50 $1,778.50 10-20-5645 Road Base $5,000.00 $207.67

$1,778.50 41 Napa Auto Parts, 3550 Arapahoe Road, Uni #6, Boulder, CO, 80303 008210 06/27/19 sand pad, brake cleaner, surface conditioning 07/12/19$172.32 $172.32 10-20-5505 Vehicle Maintenance & R $14,000.00 $8,628.21 discs 8/20/2019 2:53pm 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 015557 07/22/19 refund core deposit - item purchased on 08/06/19($22.22) ($22.22) 10-20-5505 Vehicle Maintenance & R $14,000.00 $8,628.21 invoice# 14358

$150.10 43 NeoFunds by NeoPost, PO Box 6813, Carol Stream, IL, 60197-6813 2019-07 07/31/19 equipment rental 08/10/19$143.82 $143.82 10-12-5710 Postage/Shipping $4,000.00 $1,505.80 2019-07 07/31/19 postage 08/10/19$300.00 $300.00 10-12-5710 Postage/Shipping $4,000.00 $1,505.80

$443.82 44 Gall's Parent Holdings, LLC, dba Neve's Uniforms, PO Box 71628, Chicago, IL, 60694 013252078 07/22/19 tourniquet, defense foam 08/21/19$86.97 $86.97 10-18-5550 Safety Equipment $1,500.00 $1,183.74 013082524 06/28/19 mace, case 07/28/19$71.48 $71.48 10-18-5560 Uniforms $4,750.00 $3,063.81 013091754 06/28/19 refund - womens class B pant 07/28/19($54.99) ($54.99) 10-18-5560 Uniforms $4,750.00 $3,063.81 013194619 07/15/19 2 mens patrol uniform pant 08/14/19$173.36 $173.36 10-18-5560 Uniforms $4,750.00 $3,063.81 013194713 07/15/19 name plate 08/14/19$4.99 $4.99 10-18-5560 Uniforms $4,750.00 $3,063.81 013194714 07/15/19 boots, pant, belt, radio holder, pouches, etc. 08/14/19$448.55 $448.55 10-18-5560 Uniforms $4,750.00 $3,063.81 013216143 07/17/19 womens patrol uniform pant 08/16/19$64.00 $64.00 10-18-5560 Uniforms $4,750.00 $3,063.81

$794.36 49 Safebuilt, 3755 Precision Drive, Suite 140, Loveland, CO, 80538

Page 4of101 0059202-IN 07/31/19 building permits & plan review services - July 08/30/19$11,129.12 $11,129.12 10-15-5121 Permitting and Plan Revi $58,000.00 ($18,859.85) 2019 0059279-IN 07/31/19 code enforcement services - July 2019 08/30/19$1,050.00 $1,050.00 10-15-5165 Code Enforcement $5,000.00 $725.00

$12,179.12 53 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-4466 2019-07 08/01/19 commercial trash removal - July 2019 08/16/19$142.25 $142.25 10-20-5220 Trash Services $5,750.00 $1,883.27 2019-07 08/01/19 more trash from public receptacles 08/16/19$168.60 $168.60 10-20-5220 Trash Services $5,750.00 $1,883.27

$310.85 54 Xcel Energy, PO BOX 9477, MPLS, MN, 55484-9477 648043654 08/01/19 street lights - July 2019 08/11/19$642.64 $642.64 10-20-5235 Street Lights $9,000.00 $4,256.17

$642.64 59 The Mountain Ear, PO BOX 99, Nederland, CO, 80466 4058 08/05/19 display ad public notice (6/3) - planning 08/15/19$12.76 $12.76 10-15-5750 Advertising $50.00 $22.28 commission

$12.76 68 Utility Notification Center of Colorado, 16361 Table Mountain Parkway, Golden, CO, 80403 219070752 07/31/19 locates 08/10/19$63.90 $63.90 10-20-5188 Excavation Services $0.00 ($256.54)

$63.90 69 Adamson Police Products, 160 Airway Blvd, Livermore, CA, 94551 INV307966 08/09/19 earpiece 09/08/19$35.99 $35.99 10-18-5550 Safety Equipment $1,500.00 $1,183.74 8/20/2019 2:53pm 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 INV307073 07/29/19 traffic vest 08/28/19$15.00 $15.00 10-18-5560 Uniforms $4,750.00 $3,063.81

$50.99 74 Honnen Equipment, 5055 E. 72nd Avenue, Commerce City, CO, 80022 1077881 07/31/19 key & freight 08/10/19$25.18 $25.18 10-20-5510 Equipment Maintenance $16,000.00 $4,210.38

$25.18 76 General Air Service & Supply, 1105 Zuni Street, Denver, CO, 80204-3338 93354659-1 07/31/19 welder 08/10/19$106.15 $106.15 10-20-5520 Minor Supplies (tools) $6,500.00 $3,351.25

$106.15 91 Teens, Inc., PO BOX 1070, Nederland, CO, 80466 2019-06-21TEENS 06/21/19 services - weed pull on 6/5, 6/20, 6/21 07/21/19$1,500.00 $1,500.00 10-99-9415 Colorado Dept of Agricult $0.00 ($4,350.00)

$1,500.00 94 Wagner Equipment Co., PO BOX 919000, Denver, CO, 80291-9000 P53C0161790 08/02/19 4 keys, 1 tube 08/12/19$92.73 $92.73 10-20-5510 Equipment Maintenance $16,000.00 $4,210.38

$92.73 119 Colorado Department of Revenue, , Denver, CO, 80261-0008 2019-07 07/31/19 July 2019 VC Sales Tax 30661151 08/15/19$847.69 $847.69 10-00-2032 Sales tax payable $0.00 $1,973.21 Page 5of101 $847.69 151 John Cutler & Associates, 600 17th Street, Suite 2800 South, Denver, CO, 80202 2019-08-12 08/12/19 final billing for 2018 audit 09/11/19$2,500.00 $2,500.00 10-12-5120 Audit $9,500.00 $0.00

$2,500.00 193 Stephen D. Tebo d/b/a Tebo Development Co., PO BOX T, Boulder, CO, 80306 2019-09 08/19/19 monthly rent - September 2019 08/19/19$1,250.00 $1,250.00 10-18-5200 Rent $15,050.00 $5,050.00

$1,250.00 195 Western Native Seed, PO BOX 188, Coaldale, CO, 81222 134180 07/25/19 grass seed mix 08/24/19$387.20 $387.20 10-20-5210 Parks Maintenance $15,000.00 $11,730.78

$387.20 237 Air-O-Pure Portables, PO BOX 1828, Nederland, CO, 80466 162500 06/13/19 port-o-potty - Chipeta Park 06/23/19$105.00 $105.00 10-20-5210 Parks Maintenance $15,000.00 $11,730.78 163262 07/07/19 port-o-potty - Chipeta Park 07/17/19$105.00 $105.00 10-20-5210 Parks Maintenance $15,000.00 $11,730.78

$210.00 324 AAA Pest Pros, PO Box 20235, Boulder, CO, 80308 51040 08/09/19 pest inspection 08/19/19$55.00 $55.00 10-12-5205 Building Maintenance $750.00 ($21.11)

$55.00 375 LATITUDE 40 , INC, PO BOX 189, NEDERLAND, CO, 80466 8/20/2019 2:53pm 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 8-33-428 08/12/19 20 maps - Boulder-Ned trails, CO Front Range 08/22/19$167.40 $167.40 10-13-5670 Supplies for Resale $25,000.00 ($10,634.89) Topo

$167.40 377 TRAIL TRACKS, PO BOX 8, GLEN HAVEN, CO, 80532 19085 08/15/19 5 Indian Peaks maps, 5 Rocky Mtn Natl Park 08/25/19$59.50 $59.50 10-13-5670 Supplies for Resale $25,000.00 ($10,634.89) hiking maps

$59.50 416 Kay L Turnbaugh, PO Box 931, Nederland, CO, 80466 1082 08/15/19 14 books & 150 postcards 08/30/19$305.00 $305.00 10-13-5670 Supplies for Resale $25,000.00 ($10,634.89)

$305.00 496 The Duck Co, 5601 Gray Street, Arvada, CO, 80002 375045 07/31/19 90 shirts - "Wild Colorado" 08/30/19$1,003.60 $1,003.60 10-13-5670 Supplies for Resale $25,000.00 ($10,634.89) 375473 08/10/19 48 shirts - "Nederland Pine Drip Moose" 09/09/19$421.50 $421.50 10-13-5670 Supplies for Resale $25,000.00 ($10,634.89)

$1,425.10 502 Unum Life Insurance Company of America, PO Box 409548, Atlanta, GA, 30384-9548 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$129.53 $129.53 10-12-5015 Health Insurance $41,600.00 $14,270.47 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$64.78 $64.78 10-14-5015 Health Insurance $9,084.00 $4,790.49

Page 6of101 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$29.88 $29.88 10-15-5015 Health Insurance $9,084.00 $3,939.95 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$151.52 $151.52 10-18-5015 Health Insurance $65,369.00 $39,612.65 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$146.38 $146.38 10-20-5015 Health Insurance $46,414.00 $18,267.55

$522.09 508 Corwin Ray Mandel, 6717 Valmont Road, Boulder, CO, 80301 2019-07-08 07/08/19 contractor hours (28 @ 25/hr), assistant hours 08/07/19$1,275.00 $1,275.00 10-99-9401 Boulder County Sustaina $0.00 ($3,884.22) (17 @ 15/hr & 16 @ 20/hr)

$1,275.00 520 Widner Juran LLP, 13133 E Arapahoe Road, Suite 100, Centennial, CO, 80112 46.0013 07/31/19 Fishermen's Lot wetland legal review - July 08/30/19$980.00 $980.00 10-00-1200 Accounts Receivable $0.00 ($5,364.04) 2019 46.0011 07/31/19 legal services - July 2019 08/30/19$3,744.60 $3,744.60 10-12-5100 Legal $55,000.00 $24,027.65 46.0015 07/31/19 legal services - recall election - July 2019 08/30/19$588.00 $588.00 10-14-5175 Elections $4,000.00 $3,412.00

$5,312.60 530 West Direct Oil, LLC, 1380 Zuni Street, Denver, CO, 80204 10273265 08/05/19 oil 09/04/19$1,037.56 $1,037.56 10-20-5505 Vehicle Maintenance & R $14,000.00 $8,628.21

$1,037.56 539 Weed Steam USA, 519 W 3650 N, Pleasant View, UT, 84414 35 06/18/19 weed steaming on June 17 and 18 07/18/19$1,900.00 $1,900.00 10-99-9415 Colorado Dept of Agricult $0.00 ($4,350.00)

$1,900.00 8/20/2019 2:53pm 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 540 Psychological Dimensions, LLC, 6595 S. Dayton St., Suite 2300, Greenwood Village, CO, 80111 1620 07/08/19 pre-employment psychological testing (JF-L) 08/07/19$250.00 $250.00 10-18-5182 Background Checks $1,000.00 ($155.00)

$250.00 558 Colorado Municipal Clerks Association, PO Box 350301, Westminster, CO, 80035 204609 08/14/19 09/13/19$50.00 $50.00 10-14-5810 Conference/Training $1,500.00 $1,400.00 M. Fisher 204610 08/14/19 M. Fisher 09/13/19$50.00 $50.00 10-14-5810 Conference/Training $1,500.00 $1,400.00

$100.00 559 Forensic Truth Verification Group, 6595 S. Dayton St., Ste 2400, Greenwood Village, CO, 80111 343 07/03/19 J. Fine-Loven 08/02/19$140.00 $140.00 10-18-5182 Background Checks $1,000.00 ($155.00) 348 07/17/19 A. Tye 08/16/19$140.00 $140.00 10-18-5182 Background Checks $1,000.00 ($155.00)

$280.00 560 Michael D. Wieda, 8301 Spinnaker Bay Drive, Windsor, CO, 80528 000-001 08/15/19 chainsaw safety certification course 09/14/19$241.96 $241.96 10-20-5810 Conference/Training $4,000.00 $3,173.04

$241.96

Total General Fund $43,879.50 Page 7of101 Community Center Fund Friends of Avila Pier, Inc., PO Box 685, Avila Beach, CA, 93424 2019-08-08AvilaPi 08/08/19 donation in memory of Charlie Dillon 08/08/19$50.00 $50.00 20-25-5790 MISC $500.00 $301.52

$50.00 17 Century Link, PO Box 91155, Seattle, WA, 98111-9255 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$242.90 $242.90 20-25-5232 Phone $1,181.52 ($1,418.86)

$242.90 53 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-4466 2019-07 08/01/19 commercial trash removal - July 2019 08/16/19$130.25 $130.25 20-25-5220 Trash Services $1,400.00 $488.25

$130.25 58 Timberline Mechanical, 3195 Sterling Circle, Suite 150, Boulder, CO, 80301 CR01256 08/15/19 refund for appointment #3 (not billable) 08/30/19($468.00) ($468.00) 20-25-5260 Kitchen $3,500.00 $510.97 SV37399 07/30/19 service - kitchen exhaust fan 08/14/19$1,350.67 $1,350.67 20-25-5260 Kitchen $3,500.00 $510.97

$882.67 502 Unum Life Insurance Company of America, PO Box 409548, Atlanta, GA, 30384-9548 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$56.17 $56.17 20-25-5015 Health Insurance $18,928.00 $7,735.48

$56.17 548 The Sherwin-Williams Co, 3550 Arapahoe Ave #3, Boulder, CO, 80303-1045 8/20/2019 2:53pm 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 3567-9 08/06/19 paint for stairwell 09/05/19$49.92 $49.92 20-25-5205 Building Maintenance $11,500.00 $5,341.37

$49.92 554 Brookside Painting, 25 W 69th St, Kansas City, MO, 64113 3258 08/06/19 painting - CC west stairwell - reissue of check# 09/06/19$720.00 $720.00 20-25-5205 Building Maintenance $11,500.00 $5,341.37 36188

$720.00 556 B & M Roofing of Colorado, Inc., 3768 Eureka Way, Frederick, CO, 80516 198037-1 08/13/19 roof replacement 09/12/19$44,100.00 $44,100.00 20-25-6150 Building Improvements $50,000.00 $5,900.00

$44,100.00

Total Community Center Fund $46,231.91

Sewer Fund 9 B&F Super Foods, PO BOX 1408, Nederland, CO, 80466 2019-07 07/31/19 July 2019 B&F charges 08/15/19$9.18 $9.18 40-45-5250 Janitorial Supplies $1,000.00 $617.79

$9.18 11 Boulder County, PO BOX 471, Boulder, CO, 80306 Page 8of101 50017 07/18/19 fuel - April, May, June 2019 08/17/19$762.29 $762.29 40-45-5515 Fuel $6,000.00 $4,637.28

$762.29 17 Century Link, PO Box 91155, Seattle, WA, 98111-9255 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$41.27 $41.27 40-45-5232 Phone $456.00 ($97.68)

$41.27 18 Century Link Long Distance, PO BOX 52187, Phoenix, AZ, 85072-2187 1473693869 07/31/19 phone bill - long distance July 2019 08/10/19$1.44 $1.44 40-45-5232 Phone $456.00 ($97.68)

$1.44 23 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023 737002906-19 07/16/19 process chemicals & shipping 07/26/19$3,062.83 $3,062.83 40-45-5525 Minor Supplies (bugs/che $25,000.00 $2,050.00

$3,062.83 30 Hach Company, 2207 Collections Center Drive, Chicago, IL, 60693 11574367 07/31/19 lab reagents 08/10/19$109.00 $109.00 40-45-5665 Lab Supplies/Chemicals $12,000.00 $6,346.07 11576112 08/02/19 reagent test set 08/12/19$89.25 $89.25 40-45-5665 Lab Supplies/Chemicals $12,000.00 $6,346.07

$198.25 34 JVA, Inc., 1319 Spruce Street, Boulder, CO, 80302 78628 07/29/19 2122.14.2c: Biosolids - construction services 08/08/19$4,393.18 $4,393.18 40-45-6550 Infrastructure Improveme $60,000.00 ($767,823.81)

$4,393.18 53 Western Disposal Services, PO BOX 174466, Denver, CO, 80217-4466 8/20/2019 2:53pm 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 2019-07 08/01/19 commercial trash removal - July 2019 08/16/19$126.00 $126.00 40-45-5220 Trash Services $750.00 ($117.00)

$126.00 61 USABlueBoook, P.O. Box 9004, Gurnee, IL, 60031-9004 963817 07/29/19 lab reagents 08/08/19$169.95 $169.95 40-45-5665 Lab Supplies/Chemicals $12,000.00 $6,346.07

$169.95 66 Dana Kepner Company, Inc., PO BOX 710281, Denver, CO, 80271-0281 1500723-00 07/26/19 sewer saddles 08/05/19$374.92 $374.92 40-45-5670 Supplies for Resale $250.00 ($176.50)

$374.92 73 United Systems Technology, Inc., PO Box 744850, Atlanta, GA, 30374-4850 247631 08/06/19 UB eBilling 09/05/19$8.52 $8.52 40-45-5740 Bank Fees $0.00 ($28.48)

$8.52 82 Municipal Treatment Equipment Inc., 17301 West Colfax Avenue, Unit 105, Golden, CO, 80401 182959 07/30/19 pump tubes 08/09/19$351.05 $351.05 40-45-5510 Equipment Maintenance $9,000.00 $4,722.72

$351.05 502 Unum Life Insurance Company of America, PO Box 409548, Atlanta, GA, 30384-9548 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$95.32 $95.32 40-45-5015 Health Insurance $31,548.00 $13,357.20 Page 9of101 $95.32 557 CO Depart. of Public Health & Environment (CDPHE), 4300 Cherry Creek Drive South, Denver, CO, 80246 WU201057448 07/22/19 WWTP permit 08/21/19$2,733.00 $2,733.00 40-45-5850 Annual Membership/Due $2,400.00 ($563.42) WU201057449 07/22/19 WWTP pre-treatment billing 08/21/19$92.00 $92.00 40-45-5850 Annual Membership/Due $2,400.00 ($563.42)

$2,825.00

Total Sewer Fund $12,419.20

Water Fund 11 Boulder County, PO BOX 471, Boulder, CO, 80306 50017 07/18/19 fuel - April, May, June 2019 08/17/19$762.30 $762.30 50-45-5515 Fuel $6,000.00 $4,637.29

$762.30 17 Century Link, PO Box 91155, Seattle, WA, 98111-9255 2019-08 07/28/19 phone bill - 7/28-8/27 08/07/19$55.39 $55.39 50-45-5232 Phone $456.00 ($219.01)

$55.39 23 DPC Industries, PO BOX 301023, Dallas, TX, 75303-1023 737002906-19 07/16/19 process chemicals & shipping 07/26/19$345.34 $345.34 50-45-5525 Minor Supplies (bugs/che $13,000.00 $2,581.15

$345.34 30 Hach Company, 2207 Collections Center Drive, Chicago, IL, 60693 11573373 08/01/19 yearly service contract 08/11/19$8,540.00 $8,540.00 50-45-5155 Annual Equipment Maint $15,450.00 $160.00 8/20/2019 2:53pm Town of Nederland Page 8 Council Approval Report (Council Approval Report)

Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance 11569210 07/30/19 lab reagents 08/09/19$350.41 $350.41 50-45-5665 Lab Supplies/Chemicals $5,000.00 $200.87

$8,890.41 55 Vranesh and Raisch, LLC, 5303 Spine Road, Suite 202, Boulder, CO, 80301 36959 07/25/19 augmentation water rights - legal 08/04/19$349.00 $349.00 50-45-5100 Legal $10,000.00 $7,521.50

$349.00 73 United Systems Technology, Inc., PO Box 744850, Atlanta, GA, 30374-4850 247631 08/06/19 UB eBilling 09/05/19$8.52 $8.52 50-45-5740 Bank Fees $0.00 ($28.48)

$8.52 82 Municipal Treatment Equipment Inc., 17301 West Colfax Avenue, Unit 105, Golden, CO, 80401 182959 07/30/19 pump tubes 08/09/19$351.05 $351.05 50-45-5510 Equipment Maintenance $15,000.00 $8,560.87

$351.05 502 Unum Life Insurance Company of America, PO Box 409548, Atlanta, GA, 30384-9548 2019-9 08/12/19 STD/LTD coverage - Sept. 2019 09/11/19$95.34 $95.34 50-45-5015 Health Insurance $31,548.00 $13,357.10

$95.34 555 State Board for Community College/Occupational Ed, dba Red Rocks Community College, 13300 W 6th Ave, Campus Box 16, Lakewood, CO, 80228-1255

Page 10of101 2019-08-01 08/01/19 NF hydrology class 08/31/19$958.14 $958.14 50-45-5810 Conference/Training $5,000.00 $4,098.36

$958.14 557 CO Depart. of Public Health & Environment (CDPHE), 4300 Cherry Creek Drive South, Denver, CO, 80246 FGD20191755 07/19/19 drinking water fee (July 2019 - June 2020) 08/18/19$465.00 $465.00 50-45-5200 Rent $2,500.00 $2,035.00 WU201058191 07/22/19 backwash permit 08/21/19$872.00 $872.00 50-45-5850 Annual Membership/Due $1,750.00 $603.00

$1,337.00

Total Water Fund $13,152.49

Street Fund 35 L.G. Everist, Inc., SDS-12-2515, PO BOX 86, Minneapolis, MN, 55486-2515 457495 08/09/19 class 6 3/4" recycled concrete 08/24/19$1,560.87 $1,560.87 60-20-5645 Road Base $40,000.00 $29,349.12

$1,560.87 246 APC Construction Co., LLC, 14802 W. 44th Avenue, Golden, CO, 80403 17370 08/05/19 asphalt 08/15/19$686.88 $686.88 60-20-5650 Asphalt $10,000.00 $5,930.29

$686.88 484 Tomar Excavating, PO Box 856, Central City, CO, 80427 712 08/11/19 3 loads 09/10/19$540.00 $540.00 60-20-5187 Hauling $2,000.00 ($925.00)

$540.00 8/20/2019 2:53pm Town of Nederland Page 9 Council Approval Report (Council Approval Report)

Vendor InvoiceNumber Date Description Due Date Invoice Amt Approved Amt Account Number Account Description Budgeted $ YTD Balance

Total Street Fund $2,787.75

Total Bills To Pay: $118,470.85 Page 11 of101

The Town of Nederland Meeting Minutes BOARD OF TRUSTEES Tuesday, August 20, 2019 @ 7:00 PM Nederland Community Center

1. CALL TO ORDER 7:01pm by Mayor Larsen

2. ROLL CALL Present: Mayor Larsen, Mayor Pro Tem Gustafson, Trustee Conrad, Trustee Apt, Trustee Baumhover, Trustee Masters

Also Present: Town Administrator Karen Gerrity, Town Attorney Jennifer Madsen, Town Marshall Larry Johns, Deputy Zoning Administrator Cynthia Bakke, Town Clerk Miranda Fisher

3. CONSENT AGENDA 3.1. Approval of August 6, 2019 Accounts Payable 3.1 8.20.2019 BOT Warrants

3.2 Approval of August 6, 2019 Regular Meeting Minutes 3.2 BOT Meeting Minutes 8.6.2019

3.3 Revocation of Marijuana Moratorium 3.3 AIM - Revocation of Marijuana Moratorium 3.3 Ordinance - Repeal Marijuana Business License Moratorium

Motion to approve consent agenda – First: Trustee Masters; Second: Trustee Baumhover. Approved by Trustee Baumhover, Trustee Apt, Mayor Larsen, Trustee Conrad and Trustee Masters. Mayor Pro Tem Gustafson abstained.

4. STAFF REPORT 4.1 AIM - Staff Report 4.1 Police Department Staff Report July 2019 4.1 Activity Report 2019 4.1 Activity Report 2018

Karen Gerrity, Town Administrator, provided an overview of the staff report included in the packet. Mayor Larsen and Gerrity mentioned that prior to the Board of Trustees (BOT) meeting on 9/17/2019 there was going to be a public charrette where the community can come to ask questions about the department budgets, how money is being spent, and what programs and services are being offered.

Trustee Masters asked Gerrity about the historical society selling off some of their items and that his understanding was that the only thing that remains is the steam shovel and that he thought that that was supposed to be moved somewhere else. Karen clarified that the historical society sold what was in the mining museum to the county but that there are some artifacts that still remain in the community including an ore cart that is on display next to the steam shovel. She also clarified that a conversation between staff and the historical society are taking place regarding a permanent location for the steam shovel.

5. BOARD OF TRUSTEE REPORTS 5.1 Mayor Larsen’s Report 1

Page 12 of 101 Mayor Larsen spoke about a culture of civility in the town and offered a reminder about the working agreements that dictate meeting decorum, pointing out that the working agreement is always located at the front of the room and asked that everyone read them. Mayor Larsen reminded the public that on 8/31/2019 from 11:30am-1:30pm, Congressman Neguse will be doing a walking town hall to talk about issues relevant to Nederland and the state in general. He encouraged people to come out and stated that details are forthcoming regarding where they will be going on the walking town hall, sharing that it would start at the Community Center. Mayor Larsen also shared that last week Congressman Neguse spent an hour and a half out at West Magnolia with himself, Trustee Apt, Town Administrator Karen Gerrity and the forest service to discuss things that were happening on West Magnolia as well as what the United States Forest Service plans for the future.

5.2 Trustee Masters Trustee Masters indicated that he missed the last Downtown Development Association (DDA) meeting so he did not have much of an update from that board. He spoke about the beautification project that was happening and mentioned a potential RFP to add parallel parking on Conger street. Trustee Masters spoke about the performance space at Barker and that it was his understanding that that was still in discussion and that he would be following up with Parks, Recreation and Open Space Advisory Board (PROSAB) and the DDA as the performance space was a propriety.

Town Administrator Karen Gerrity added that the DDA has allocated the funds for the performance space and that they were waiting for directive from PROSAB. Gerrity continued that PROSAB is working with staff and an electrician used for the festivals to determine cost for putting permanent power down at Guercio Field.

5.2 Trustee Baumhover Trustee Baumhover reported that the PROSAB meeting last week was canceled due to lack of quorum and has been rescheduled for 8/21/2019. Trustee Baumhover shared that PROSAB was collecting public comment on what to do with Guercio field and the performance space. Trustee Baumhover announced that Jasmine Bible resigned from PROSAB and that there is now a vacancy in that board and that they are seeking applications.

5.2 Mayor Pro Tem Gustafson Mayor Pro Tem Gustafson shared that Nederland is a member of the Colorado Municipal League (CML) which works at the state level to advance policies that support their municipal membership and she is the local liaison. She added that the CML will be having meetings in the fall for networking and outreach to connect with other communities and that this is the time when they ask if municipalities have any state legislation they want to see brought forward. Mayor Pro Tem Gustafson indicated that Nederland is a member of the Colorado Communities for Climate Action which works on climate change policy and the organization was involved in the recent passing of zero emission vehicle standards in Colorado.

5.2 Trustee Conrad Trustee Conrad explained that the Nederland EcoPass Advisory Board has not met in a while because Regional Transportation District (RTD) was making some big decisions. She shared an update that the “Route N” has now been named “Route NB1” because there is an “N” train in Denver and RTD wanted to avoid confusion. Trustee Conrad added that the new pricing has been extended to five years and that the town has been carefully auditing the records to remove people who are no longer eligible for the pass since the new pricing is based on usage. Trustee Conrad encouraged people to come and get senior and youth passes as those are charged at a lower rate. Trustee Conrad also shared that any fee increases for 2021 and 2022 would be capped at no more than 20% higher.

Town Administrator Karen Gerrity reported that the numbers this year would have impacted the fees moving forward and therefore was thankful for the extension from three years to five years. Gerrity shared that the Nederland Eco Pass District provided funding so that a Town Hall staff member could work as a contracted employee to analyze and cull the records for pass holders. Currently about 30% of the users have been reviewed and 25% of those people have been deactivated for one reason or another.

Trustee Gustafson asked about youth passes since those are now different than what was initially issued and if families were being notified to come in to get new youth passes.

Administrator Gerrity shared that staff are tackling the updating of EcoPass records based on capacity and that addressing

Page 13 of 101 the youth piece will come after the full audit has been complete.

5.2 Trustee Apt Trustee Apt reported that Sustainability Advisory Board (SAB) met last week and discussed rolling out the energy efficiency programs with Xcel Energy as well as the zero waste draft ordinance and sustainability coordinator position. He stated that Mike Ikeler is taking count of planes from Denver International Airport and that Trustee Apt recently counted planes and measured the decibel noise level in an effort to appeal to the Federal Aviation Administration about noise and environmental impacts.

6.1 PUBLIC COMMENT ON NON-AGENDA ITEMS Julian Taylor provided commentary on a culture of civility and asked that we try and accept each other as a community and respect those we disagree with and to make sound arguments to persuade people but to give and take in hopes of a mutual benefit. BOT Written Public Comment: Taylor

Janette Taylor read the working agreements and reminded people that when working agreements are violated we all lose.

Arden Buck commented that it seems the meetings have gotten a bit ugly at times with personal attacks and abusive language and that kind of behavior is a sign of weakness and is not effective. He added that it is better to make your point with clear, calm, effective language and asked that people be respectful.

Barbara Hardt commented that she has been a resident for 33 years and that with public display of hate on the rise she asks that people speak with consideration to one another and to please share tonight in a positive way and in a way that shows we are one community.

Claudia Schauffler read quotes from FDR. She commented on how she owns a shop in town and that people who visit always comment on how wonderful Nederland is and how friendly people are but when she hears from locals, she hears about how people cannot get along and that makes her sad because we are all kind, generous people and that if we cannot see it in ourselves we have a real problem here.

Stephanie Adelman commented that she has been a resident for 13 years and that on Facebook she is known as the positive person and that she thinks that social media platforms should be used for positives reasons. She explained about a recent interaction she had with a community member who assumed BOT members were corrupt and asked that we should not assume people are bad or have something wrong with them. She also commented on change and that there is a framework of laws that have to change as things change and that we cannot constantly revert back to a law that is not relevant. Stephanie ended by thanking the BOT for their time, due diligence and research.

Sally Grahn commented that she has not been able to attend many meetings but she has listened to a number of them and some of the things she has heard make her sad. Sally explained that she is not against controversy or conflict as that is a part of life but that sometimes we end up agreeing by the time we have talked with someone. Sally stated that she has been here for over 50 years and that she remembers when the working agreements were made and that meetings were more civil because of those agreements. She asked that everyone who speaks adheres to the working agreements, specifically being hard on issues and not on people and disagreeing respectfully. She asked for no personal attacks and that we respect each other so we can get to a good resolution for all.

Kristi Venditti thanked the board for doing what they need to do for the community and acknowledged that it takes courage and commitment beyond the ordinary. She commented that Nederland is a community that comes together but that Nederland also has an ugly side and members can be mean and intimidate to get their ways. She added that hostility and harassment have no end. Kristi announced that she supports the BOT because they are doing the hard work and making hard decisions and that they deserve compassion, gratitude and understanding.

David Current stated that he lives in Gilpin but has been a resident in the Nederland area for 40 years. David explained that he wanted to underscore the words everyone has said tonight and that this has been one of the more encouraging meetings and that it has been very positive. David explained that everyone has a vision for what they think Nederland should be and some people are passionate about their visions. David says he sees logical arguments on both sides regarding the visions of Nederland and asked that when presenting those visions to others that the advocates write down what they want for

Page 14 of 101 Nederland in a clear list of items and look at the items to see if they really make sense. David added that a lot of emotion does not make sense when translated to words.

Roger Cornell stated that he has been in seats like the BOT since 1986; 12 years as trustee and the rest of time with the Planning Commission. Roger explained that he has worked with a lot of boards over the years and sees how hard the BOT works, how professional they are, and how courteous they have been. He thanked the BOT for working on goals to improve Nederland.

BOT Non-Agenda Item Public Comment: Sanfacon BOT Resolution 2012-31 BOT Rules of Procedure

BOT Non-Agenda Item Public Comment: McClelland

7. INFORMATIONAL ITEMS 7.1 Peak to Peak Housing and Human Services Alliance 7.1 AIM - Peak to Peak Housing & Human Services 7.1 Peak to Peak Housing & Human Services Presentation

Janette Taylor gave a presentation on the work the Peak to Peak Housing and Human Services Alliance has done and the services that are being offered to the community. Following the presentation she opened it up to comment from the BOT:

Trustee Conrad asked about having a drop off container for the food pantry and clothing closet for people who cannot make it on Saturday. Janette explained that they do not do that because it can lead to people dropping off food that is expired or soiled items and that the preference is to give the items to a volunteer to inspect prior to accepting.

Mayor Pro Tem Gustafson thanked Peak to Peak Housing and Human Services Alliance for bringing up the medical vans. She explained that she has noticed a discrepancy in how much local government’s budget for human service agencies versus what Nederland budgets and asked Janette to look into the budgets of other municipalities and to share those figures with the BOT in time for budgeting.

Trustee Masters also thanked Peak to Peak Housing and Human Services Alliance for the medical vans, adding that there was a recent newspaper article about the epidemic of healthcare and that these mobile medical vans are often times the only opportunity people have to seek medical care and that in communities without them, people would go long stretches without seeking medical care.

8.1 ACTION ITEMS 8.1 Officers Sworn In: Officer Troy Hendricks, Officer Jennifer Fine-Loven, Officer Aaron Tye 8.1 AIM - Oath of Office 8.1 Oath of Office - Police Officer (Troy Hendricks) 8.1 Oath of Office - Police Officer (Jennifer Fine-Loven) 8.1 Oath of Office - Police Officer (Aaron Tye)

Town Marshall Larry Johns introduced each police officer, sharing their personal and vocational history and how they came to work in Nederland. Following each introduction, Mayor Larsen swore in each officer.

8.2 Short Term Rentals 8.2 AIM Short Term Rentals 8.2 Draft Short-Term Rental License Ordinance 8.2 BOT Short Term Rental Public Comments

Mayor Larsen explained that tonight will be a discussion of the draft ordinance provided in the packet. Mayor Larsen reported that the intention is to then hold a public hearing at the 9/17/2019 BOT meeting regarding short term rentals (STRs). Mayor Larsen opened it to the BOT for initial comments on the draft ordinance before opening it up to public comment. 4

Page 15 of 101

Trustee Apt acknowledged that they are faced with a difficult decision and that this is a complex issue as there are two sides to the argument. He added that there are some people who rely financially on STRs while there are others who live next door to STRs and don’t like that every weekend there are new people coming. Apt stated that there are lots of comments from the neighborhoods asking that we do something and that we regulate things. Trustee Apt referenced that there are articles that review both the pros and cons to STRs. He reported that there is still work to be done on the ordinance and that it cannot be too restrictive and that he wants the ordinance to be balanced.

Trustee Conrad explained that the BOT is not reviewing STRs because they wanted to but because the public asked them to. Trustee Conrad stated that her concern is that we have a problem with the abundance of STR activity in the community and that it is no longer in balance and that is why the board has to take action. Trustee Conrad added that she has seen an increase in the number of outside investors who have no ties to the community who are coming here to start an STR since there are no regulations. She shared that a concern of hers is that Nederland will turn into an empty vacation town where none of us live expect vacationers. Trustee Conrad reported that she is in favor of the two step process which includes grandfathering in current activity at “n’’ number of days.

Mayor Pro Tem Gustafson thanked the public for being here. She reported that as a board member, it is her job to make decisions on behalf of the community and she does not take that lightly. Mayor Pro Tem Gustafson explained that when approaching decision making, she does it through the lens that everyone in the community is a stakeholder but that it is her job to represent Nederland proper as those are the people who voted her to serve on the BOT. Mayor Pro Tem Gustafson stated that she agrees with her colleagues in that everyone committed to enforcement are still looking at options for how that enforcement will happen. Mayor Pro Tem Gustafson reported that what she feels is missing from the ordinance is a maximum in occupancy of two per bedroom not to exceed sceptic certification, or whichever is lesser. She added that in commercial zones, the use should be allowed and unlimited with the exception that buildings cannot be retrofitted for this sole use of becoming an STR.

Trustee Baumhover stated that the BOT needs to reasonably regulate the industry and also respect property owner rights. Trustee Baumhover brought up concerns that we allowed people to build their lives around STRs and now we will be making a decision that dramatically impacts those individuals. Trustee Baumhover explained that he wants to see a land use chart brought into the discussion as this is a land use issue. Trustee Baumhover stated that he wants to see a higher number of days approved for whole house STRs and agreed with the two-step process of grandfathering in current STRs.

Trustee Masters explained that his point of view is that this is an issue of housing and that the BOT adopted housing as a top three priority for the last five years. He added that concerns related to noise coming from STRs is a code issue and therefore not a part of this discussion. Trustee Masters shared that the BOT has spent years gathering public input and rewriting code and that the BOT has been extremely thorough. Trustee Masters explained that in the next meeting or two he hopes the BOT can be at the point where they can vote on the ordinance.

Mayor Larsen opened for public comment.

Public Comment: Jeff Yansura thanked the BOT for their dedication, service and commitment. He shared that five years ago he and his wife fell in love with Nederland and purchased a home where they spend seven months of the year and for the rest of the year rent it as an STR. Jeff explained that prior to renting it as an STR they checked with the town to see if it was legal and they were told it was. He added that they have spent thousands of dollars on their property here and that the income received from the STR helps them pay their mortgage, taxes and insurances. Jeff recommended that the BOT regulate by licensing and imposing a bed or usage tax. BOT STR Written Public Comment: Yansura.

Stephanie Ridgway asked that the BOT think about grandfathering in existing STRs. She explained that she and her family have owned a home in downtown Nederland for five years which they have lived in and also rented out as an STR. Stephanie explained that her family went into town hall and inquired if there was anything inhibiting them from renting their home as an

Page 16 of 101 STR and were told there were no regulations. Stephanie commented that she recently saws a Facebook post that STRs are pulling in $75-$300k a year. She stated that she is at 10% of the low end of that and that her family doesn’t have an STR to get rich quick but that the money brought in from the STR does make a difference in being able to financially own property in Nederland. Stephanie went on to share some information about the type of people who have rented her STR. BOT STR Written Public Comment: Ridgway.

David Paulson thanked town staff for making the public comments from the past 90 days related to STRs available on the website. David reported that there were a total of 59 comments and that of those 59, only nine comments were in opposition of STRs. David explained that STR owners want regulation and that he personally surveyed his neighbors to get their feedback and input. David thanked Trustee Masters for acknowledging that noise regulations do not belong in the ordinance. David stated that he feels the BOT needs to start again with more community involvement and gathering data and is concerned that the BOT may be overreacting with this current ordinance. David made a request for a citizen subcommittee to be formed.

Dane Cobble commented that he felt the BOT had made progress in the six weeks Trustee Masters was gone and that when Trustee Masters returned he felt all that progress was lost. Dane explained that he feels the BOT is getting closer and thanked Trustee Masters for acknowledging that the noise aspect is not really an issue. Dane challenged the BOT to provide documentation that reducing or eliminating STRs will increase affordable housing available and added that they really need to show that data. Dane wanted to point out to property owners that STRs should not be capped because they never know if in the future they will need to turn their homes into a STR. He stated that home owners should not give up rights they have not exercised.

Hansen Wendlandt commented that he is in the process of purchasing an STR somewhere else so he cares about STRs but also stated that he cares about people and housing. With regards to STRs, Hansen explained that specialized insurance is required and that Nederland may want to do that to protect the town. He also recommended a lodging fee, having safety postings, 30 day suspensions for code violations, and giving town access to a guest register. Hansen explained that the BOT may want to regulate the distance between STRs and that for STRs grandfathered in, that the BOT may require still an application and application fee. Hansen also shared that he was in support of the occupancy requirements of no more than two per bedroom and that there be a separate regulation for commercial zoning. Hansen acknowledged that there is an issue of housing and that there should be a cap on the number of licenses offered and that the BOT should be looking at a cap in “n” number of nights and “x” number of STRs.

Roger Cornell commented that he thinks that another public hearing is a good thing. He mentioned that on Page 10 of the ordinance where it references parking that that needs to be tightened up a little more as parking is already a part of the code for renters. Roger also added that for STRs that are grandfathered in, there could be language added about the license being no transferrable.

Janette Taylor commented that she is concerned about evacuation and STRs and that people renting STRs will not get a reverse 911 call and that emergency preparedness needs to be worked on as a part of the ordinance.

Kris Hess commented that the new ordinance is well intentioned and trying to accommodate everything. He explained that he is concerned that the town will not be able to track the number of nights a homeowner is in the home and that the whole thing hinges on the “n” number and that if the “n” is greater than 30-45 days whether the BOT will have much of an impact on the neighborhoods. Kris added that the fines are too low and that fines should be tied to the rental rates. BOT STR Written Public Comment: Hess.

Wendy Bryan commented that she is concerned about emergency preparedness as well and that she does not think that homes with only one way out should be allowed to have STRs because it would make it difficult for emergency vehicles to make it to the homes. Wendy stated that she does not think there should be any STRs in Big Springs.

Suzanne Coughman shared that she is in favor of STRs and is encouraged by the current draft ordinance.

Page 17 of 101

BOT STR Written Public Comment: Kelly Hess

BOT STR Written Public Comment: Silberschlag

BOT STR Written Public Comment: Kaufman

BOT STR Written Public Comment: Trombley

Mayor Larsen ended public comment. He reported that tonight there have been three potential amendments to the ordinance discussed being the removal of restrictions to primary residences; the occupancy limit; and the land use table. Mayor Larsen added that they can then discuss what the “n” number of days would be.

A short break was called at 9:05pm. Meeting resumed at 9:11pm.

Trustee Baumhover made a motion to remove 6-94-A2 related to primary residences only being able to rent their STR for “n” days. Trustee Conrad seconded the motion.

Mayor Larsen made a friendly amendment to combine 6-94-A1 and A2 allowing a primary residence to be rented as an STR for an undetermined amount of time during the year. Trustee Baumhover accepted the friendly amendment.

Trustee Conrad explained that she does not think “n” days on a primary residence is enforceable because we would not know if the home owner was there or not. Mayor Pro Tem reported that she is concerned about enforcement and she is not supportive of going for an undetermined amount of days and that she is not in support of abandoning limitations. Motion put to a vote. Yes: Trustee Baumhover, Trustee Conrad, Mayor Larson. No: Trustee Apt, Mayor Pro Tem Gustafson, Trustee Masters. Motion failed.

Trustee Baumhover made a motion to make “n” 180 days for 6-94-A2. Trustee Conrad seconds.

Trustees engaged in a discussion about circumstances that could lead to a primary residence holder needing to rent their home out as an STR and agreed that it would be on the burden of the town to determine if a home was a person’s primary residence or not. Motion put to a vote. Yes: Trustee Conrad, Trustee Apt, Trustee Baumhover, Mayor Larsen, Trustee Masters. No: Mayor Pro Tem Gustafson. Motion passes.

Mayor Larsen reported that the BOT should move to address occupancy. Mayor Pro Tem Gustafson made a motion that where it is appropriate in the ordinance that language is added that maximum occupancy is two per bedroom or capacity of the septic, whichever is lesser. Trustee Masters seconds the motion. Mayor Larsen clarified that the occupancy would be in 96-95-A3 and that they would need to find another place for the septic.

Trustee Masters clarified how this would be checked as a part of the application. Town Attorney Madsen explained that on the application we would need to know the number of bedrooms being licensed and that that would dictate the limits for the license. Motion put to a vote. Motion unanimously approved.

Trustee Apt made a motion to change 69-9-D so that the fee for the first offense was $250.00; second $500.00 and third $750.00. Trustee Masters seconds the motion. Trustee Masters makes a friendly amendment stating that the fees should be increased more to first $500.00; second $1000.00; third $5000.00. Trustee Masters added that the fines though should be added to the fee schedule and not the ordinance.

Town Attorney Madsen explained that a municipality is limited to $2650.00 for fees. Trustee Masters makes a friendly

Page 18 of 101 amendment to first $250.00; second $1000.00; third $2000.00.Trustee Apt stated that the first offence should be $500.00. Friendly amendment accepted at first $500.00; second $1000.00; third $2000.00 Motion put to a vote. Yes: Trustee Apt, Trustee Baumhover, Mayor Larsen, Trustee Masters, Mayor Pro Tem Gustafson. No: Trustee Conrad. Motion passes.

Trustees and Town Attorney engaged in a discussion surrounding how regulation in a commercial zone could occur.

Trustee Baumhover makes a motion to draft Class C license for commercial areas for residential use. Trustee Masters seconds the motion. Motion put to a vote. Motion unanimously approved.

BOT discussed burden of proof for primary residence and how town staff would determine that information. Town Attorney Madsen explained that in other municipalities what is required is a driver’s license or state issued identification card and voter registration, motor vehicle record or income tax statement. BOT asked the town to look into this more to determine what would be acceptable means to strengthen the residency requirement.

Trustee Masters brought up parking and made a motion that language needs to be added that STRs must provide off street parking. Mayor Pro Tem Gustafson seconded. Town Attorney Madsen stated that that would be added to the application requirement in 6-95-A. Motion put to a vote. Motion unanimously approved.

Trustee Masters makes a motion that the applications be submitted within six months from adoption. Town Attorney Madsen indicated that it would take the town at least six months to prepare. Trustee Masters withdrew his motion.

Trustees engaged in a conversation regarding how current STR owners should show how long their STRs have been in effect. Trustee Masters also asked clarifying questions about requiring Accessory Dwelling Units (ADU) having a certificate of occupancy.

Mayor Larsen makes a motion to extend the meeting to 10:30pm. Mayor Pro Tem Gustafson seconds motion. Motion approved unanimously.

BOT engaged in a discussion about insurances and requirements of homeowners and liability on the town.

Mayor Larsen noted that the last issue to discuss is the “n” number of days in 6-97-B. Trustee Baumhover motions for “n” to be 90 days. Trustee Apt seconds motion. Motion put to a vote. Yes: Trustee Apt, Trustee Baumhover, Trustee Conrad. No: Mayor Pro Tem Gustafson, Mayor Larsen, Trustee Masters. Motion fails.

Trustee Masters motions for “n” to be 45 days. Mayor Larsen seconds motion. Motion put to a vote. Yes: Trustee Apt, Trustee Masters, Mayor Pro Tem Gustafson, Mayor Larsen. No: Trustee Conrad, Trustee Baumhover. Motion passes.

8.3 Zero Waste 8.3 AIM - Zero Waste 8.3 Special Event Permit Draft Ordinance 8.3 Resolution 2012-11 Boulder County Zero Waste Action Plan 8.3 Zero Waste Special Event Requirements 8.3 Zero Waste Event Checklist

SAB did a presentation on their draft ordinance for zero waste at special events.

Page 19 of 101 Trustee Apt asked about a deposit fee. Town Administrator Gerrity explained that there already is a special events deposit fee and that 2020 fees would be reviewed as a part of the budget process.

Town Administrator Gerrity added that the town staff met with festival organizers that morning to discuss how the town could team up on making events zero waste happen and not put all the burden on the applicant and that we need to be realistic of what we are asking the festival hosts to do and what we are doing as a town and businesses.

SAB offered clarification to some questions about trash cans being available during events. Melody Baumhover reminded the BOT that the goal is to not have any trash cans by 2025 and that applicants could pack out their trash if they chose to do so.

Mayor Larsen opened to public comment.

Public Comment: Ron Mitchell commented that there were two 4th of July events where most of their trash came from take out from the restaurants and that after the event five people sorted the trash and that he would like the opportunity to do that still.

Trustee Masters motions to pass the draft ordinance but remove section 6-79-2 and 3 because they should be a part of the application and not a part of the ordinance. Trustee Apt seconds the motion. Motion put to a vote. Motion passes unanimously.

Mayor Larsen makes a motion to extend the meeting to 11pm. Yes: Mayor Larsen, Mayor Pro Tem Gustafson, Trustee Apt, Trustee Conrad, Trustee Baumhover. No: Trustee Masters.

8.4 Sustainability Coordinator 8.4 AIM - Sustainability Coordinator 8.4 Sustainability Coordinator Presentation 8.4 Draft Example Sustainability Coordinator Job Posting 8.4 Sustainability Coordinator Samples from Other Areas

Trustee Masters makes a motion to table this topic to another meeting as this is a budget item. Trustee Conrad seconds the motion. Town Administrator Gerrity and SAB explain that they brought this topic to this meeting because they need to apply for the grant by 9/25/2019 and need to know if they have approval to do so. Trustee Masters rescinds his motion.

Trustee Masters makes a motion to move this topic to an informational item that can be approved with a nod of four. Vote recorded. All in favor.

Melody Baumhover provided a presentation on the need for a Suitability Coordinator.

BOT approved SAB to continue moving forward with the grant process with a unanimous nod. Mayor Larsen encouraged SAB to consider the salary of the position if the BOT is unable to add the matching $15,000.00 into the budget for the position.

9. DISCUSSION ITEMS

10. OTHER BUSINESS

11. ADJOURNMENT Trustee Masters motions to adjourn. Trustee Baumhover seconds the motion. Meeting adjourns at 10:54pm.

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Approved by the Board of Trustees

______Kristopher Larsen, Mayor

ATTEST:

______Miranda Fisher, Town Clerk

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. Thank 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.

Page 21 of 101 TOWN OF NEDERLAND 2019 FINANCIAL REPORT

MTD Year To Date (YTD) Year to Date (YTD) Full Year

actuals vs. PRIOR actuals vs. % of May 2019 ACTUALS ACTUALS BUDGET budget % var YEAR prior year % var BUDGET Budget Preliminary and Unaudited GENERAL FUND

SALES TAX 68,753 190,283 175,800 14,483 8% 167,790 22,493 13% 813,349 23% PROPERTY TAX 60,254 251,740 278,000 (26,260) -9% 269,923 (18,183) -7% 449,254 56% USE TAX 7,388 8,868 22,000 (13,132) -60% 21,144 (12,276) -58% 50,000 18% OTHER TAXES AND FEES 30,827 117,525 103,638 13,887 13% 114,672 2,853 2% 241,150 49% PERMITS AND LICENSING 2,050 13,865 10,208 3,657 36% 11,291 2,574 23% 24,500 57% PLANNING & ZONING 9,845 19,320 32,740 (13,419) -41% 28,899 (9,579) -33% 78,575 25% COURTS 325 2,625 2,500 125 5% 2,297 328 14% 6,000 44% LAW ENFORCEMENT 1,872 28,518 25,198 3,320 13% 23,365 5,153 22% 60,475 47% PUBLIC WORKS 7 12,042 9,700 2,342 24% 9,113 2,930 32% 9,700 124% VISITOR CENTER 3,856 27,025 25,525 1,500 6% 19,428 7,598 39% 46,500 58% MISCELLANEOUS 370 1,985 1,792 193 11% 2,538 (553) -22% 13,900 14% GRANTS REVENUE - 225 220,000 (219,775) -100% 19,237 (19,012) -99% 1,300,000 0% TOTAL GENERAL FUND REVENUE 185,546 674,021 907,100 (233,079) -26% 689,696 (15,675) -2% 3,093,403 22% Page 22of101

BOARD OF TRUSTEES 1,838 13,465 14,113 648 5% 10,537 (2,928) -28% 36,672 37% ADMINISTRATION & FINANCE 21,693 172,375 162,190 (10,185) -6% 145,708 (26,667) -18% 368,517 47% VISITOR CENTER 5,726 34,378 27,263 (7,114) -26% 24,005 (10,373) -43% 59,301 58% CLERK'S OFFICE 5,335 33,295 33,084 (210) -1% 42,301 9,007 21% 83,574 40% PLANNING & ZONING 7,431 57,505 51,193 (6,312) -12% 34,231 (23,274) -68% 126,873 45% COURTS 1,767 8,777 8,969 192 2% 8,000 (777) -10% 21,525 41% LAW ENFORCEMENT 57,213 249,047 276,044 26,997 10% 184,933 (64,114) -35% 691,624 36% PUBLIC WORKS 37,512 183,037 198,219 15,182 8% 159,437 (23,600) -15% 500,904 37% PASS-THROUGHS 66 1,033 625 (408) -65% 829 (205) -25% 1,500 69% GRANT EXPENSE 10,100 104,511 550,000 445,489 81% 2,902 (101,609) -3501% 1,300,000 8% CAPITAL EXPENDITURES - 28,458 - (28,458) 4,636 (23,823) -514% 35,000 81% TOTAL GENERAL FUND EXPENSES 148,680 885,880 1,321,699 435,820 33% 617,518 (268,362) -43% 3,225,491 27%

TOTAL REVENUES 185,546 674,021 907,100 (233,079) -26% 689,696 (15,675) -2% 3,093,403 22% TOTAL EXPENDITURES 148,680 885,880 1,321,699 435,820 33% 617,518 (268,362) -43% 3,225,491 27% NET CHANGE 36,866 (211,859) (414,600) 72,178 (132,088) INTERFUND TRANSFER - - - - - CHANGE IN FUND BALANCE 36,866 (211,859) (414,600) 202,741 72,178 (132,088)

NED 2019 Financials 05.xls/Summary 8/28/2019 TOWN OF NEDERLAND 2019 FINANCIAL REPORT

MTD Year To Date (YTD) Year to Date (YTD) Full Year

actuals vs. PRIOR actuals vs. % of May 2019 ACTUALS ACTUALS BUDGET budget % var YEAR prior year % var BUDGET Budget Preliminary and Unaudited

General Fund Expense by Category

Personnel Expenses 83,931 467,500 479,191 11,691 2% 406,723 (60,777) -15% 1,229,487 38% Professional Services 35,676 146,547 156,241 9,694 6% 110,417 (36,130) -33% 359,610 41% Building Expenses 7,887 20,689 28,479 7,790 27% 13,321 (7,367) -55% 68,350 30% Utility Expenses 3,262 21,045 12,236 (8,809) -72% 11,955 (9,091) -76% 29,366 72% Office Expenses 1,104 12,915 14,670 1,755 12% 19,779 6,864 35% 35,207 37% Equipment & Supplies 11,249 32,140 42,521 10,380 24% 26,014 (6,126) -24% 113,750 28% Other 4,529 28,929 21,043 (7,885) -37% 19,569 (9,360) -48% 42,304 68% Insurance (workers comp/prop casualty) 5,872 69,700 64,079 (5,621) -9% 49,301 (20,399) -41% 128,158 54% Professional Development 274 8,706 8,823 117 1% 6,765 (1,941) -29% 21,175 41% Capital & Lease Payments - 44,243 15,785 (28,458) -180% 20,421 (23,823) -117% 66,571 66% Pass-Through 66 1,033 625 (408) -65% 829 (205) -25% 1,500 69% Grant Expenses 10,100 104,511 550,000 445,489 81% 2,902 (101,609) -3501% 1,300,000 8% Board of Trustees (ex. Personnel Expenses) 590 7,224 6,937 (286) -4% 4,692 (2,532) -54% 19,450 37%

Page 23of101 Administration Allocation (15,861) (79,303) (78,932) (371) 0% (75,170) 4,133 -5% (189,437) 42% Total 148,680 885,880 1,321,699 435,820 33% 617,518 (268,362) -43% 3,225,491 27%

NED 2019 Financials 05.xls/Summary 8/28/2019 TOWN OF NEDERLAND 2019 FINANCIAL REPORT

MTD Year To Date (YTD) Year to Date (YTD) Full Year

actuals vs. PRIOR actuals vs. % of May 2019 ACTUALS ACTUALS BUDGET budget % var YEAR prior year % var BUDGET Budget Preliminary and Unaudited - - - - - COMMUNITY CENTER

Operating Revenue Fitness Center 4,708 24,953 22,229 2,724 12% 27,150 (2,197) -8% 53,350 47% Rental Income 4,034 23,494 23,440 54 0% 22,015 1,480 7% 56,256 42% Flood Insurance/FEMA Assistance ------Donations/Grants - 805 - 805 204 601 295% - #DIV/0! Total Revenue 8,742 49,252 45,669 3,583 8% 49,368 (116) 0% 109,606 45% Operating Expenses Personnel 13,825 69,886 71,183 1,297 2% 59,507 (10,380) -17% 183,299 38% Professional Services 203 1,245 2,720 1,475 54% 1,756 511 29% 6,528 19% Building 504 6,721 10,750 4,029 37% 8,802 2,081 24% 25,800 26% Utilities 2,388 14,721 10,958 (3,762) -34% 12,004 (2,716) -23% 26,299 56% Office 144 4,122 4,638 516 11% 8,507 4,386 52% 11,130 37% Equipment & Supplies 86 5,745 9,271 3,525 38% 4,908 (838) -17% 22,250 26% Page 24of101 Professional Development 180 222 323 100 31% 4 (219) -5833% 775 29% Administration Allocation 2,319 11,594 11,594 - 0% 10,990 (604) -5% 27,826 42% Total Expenses 19,649 114,256 121,437 7,181 6% 106,478 (7,779) -7% 303,907 38%

OPERATING INCOME (10,907) (65,004) (75,768) 10,763 -14% (57,109) (7,895) 14% (194,301)

OTHER REVENUES AND EXPENDITURES Sales Tax Receipts 24,799 67,067 63,800 3,267 5% 58,913 8,154 14% 304,625 22% Capital Expenditures ------50,000 0% Debt Service - - 4,504 4,504 100% - - 109,008 0%

TOTAL REVENUES 33,541 116,319 109,469 6,850 6% 108,281 8,038 7% 414,231 28% TOTAL EXPENDITURES (Cash) 19,649 114,256 125,941 11,685 9% 106,478 (7,779) -7% 462,915 25%

CHANGE IN FUND BALANCE 13,892 2,063 (16,472) 1,804 (48,685)

NED 2019 Financials 05.xls/Summary 8/28/2019 TOWN OF NEDERLAND 2019 FINANCIAL REPORT

MTD Year To Date (YTD) Year to Date (YTD) Full Year

actuals vs. PRIOR actuals vs. % of May 2019 ACTUALS ACTUALS BUDGET budget % var YEAR prior year % var BUDGET Budget Preliminary and Unaudited

WATER OPERATIONS Operating Revenues$ 13,876 $ 132,321 $ 135,875 (3,554) -3% $ 152,987 (20,666) -14% $ 467,913 28% Operating Expenses Personnel 15,321 80,755 85,004 4,249 5% 71,888 (8,866) -12% 217,639 37% Professional Services 4,590 11,061 20,833 9,772 47% 7,324 (3,737) -51% 50,000 22% Building 18 125 2,438 2,312 95% 751 626 83% 5,850 2% Utilities 2,092 10,892 11,595 702 6% 11,357 465 4% 27,827 39% Office 153 1,276 3,625 2,349 65% 25,695 24,419 95% 8,700 15% Equipment & Supplies 2,216 29,308 31,250 1,941 6% 26,184 (3,125) -12% 75,000 39% Professional Development 134 1,218 2,917 1,699 58% 3,842 2,625 68% 7,000 17% Administration Allocation 6,400 31,999 31,999 - 0% 30,330 (1,669) -6% 76,799 42% Total Expenditures 30,924 166,635 189,660 23,024 12% 177,371 10,736 6% 468,814 36%

Revenue minus Expenditures (17,048) (34,315) (53,785) 19,470 -36% (24,384) (9,931) 41% (901) Page 25of101 OTHER SOURCES OF CASH Sales Tax 16,532 44,712 41,400 3,312 8% 39,177 5,534 14% 202,576 22% PIF Fees 14,804 14,804 14,167 637 4% 59,216 (44,412) -75% 34,000 44% Interest Income 500 2,500 2,500 - 0% 2,732 (232) -9% 6,000 42% Other - - 458 (458) -100% - 0 100 0% Grant Revenue ------1,000 0% TOTAL 31,836 62,016 58,525 3,491 6% 101,126 (39,110) -39% 243,676 25%

OTHER EXPENDITURES Debt Service 71,629 71,629 71,629 - 0% 71,629 - 0% 143,258 50% Capital Improvements 7,753 11,110 37,500 26,390 70% 11,352 (242) -2% 90,000 12% Grant Expenses ------

Non Cash Items Depreciation ------250,000 Capital Contra - - - - (90,000) Debt Contra - - - - (113,389)

TOTAL REVENUES$ 45,713 194,336 194,400 (64) 0% 254,113 (59,777) -24% 711,589 27% TOTAL EXPENDITURES(Cash) 110,306 249,374 298,789 49,414 17% 260,352 10,977 4% 702,072 36% TOTAL EXPENDITURES (Full Accrual) 110,306 249,374 298,789 49,414 17% 260,352 10,977 4% 748,683 33% CHANGE IN FUND BALANCE (64,594) (55,038) (104,389) (6,239) (37,094)

NED 2019 Financials 05.xls/Summary 8/28/2019 TOWN OF NEDERLAND 2019 FINANCIAL REPORT

MTD Year To Date (YTD) Year to Date (YTD) Full Year

actuals vs. PRIOR actuals vs. % of May 2019 ACTUALS ACTUALS BUDGET budget % var YEAR prior year % var BUDGET Budget Preliminary and Unaudited

SEWER OPERATIONS Operating Revenues$ 13,835 165,159 150,583 14,576 10% 159,765 5,394 3% 565,507 29% Operating Expenses Personnel 15,321 80,754 85,066 4,312 5% 71,887 8,866 12% 217,789 37% Professional Services 15,494 50,373 40,130 (10,243) -26% 2,529 47,844 1891% 79,334 63% Building 305 2,418 1,521 (898) -59% 307 2,112 689% 3,650 66% Utilities 3,845 18,092 18,470 378 2% 17,397 694 4% 44,327 41% Office 50 615 2,146 1,530 71% 1,773 (1,157) -65% 5,150 12% Equipment & Supplies 7,086 33,046 29,896 (3,150) -11% 24,346 8,700 36% 71,750 46% Professional Development 219 1,079 2,833 1,755 62% 998 80 8% 6,800 16% Administration Allocation 7,142 35,710 35,710 - 0% 33,850 1,860 5% 85,703 42% Total Expenditures 49,462 222,087 215,771 (6,316) -3% 153,088 68,999 45% 514,502 43%

PROFIT/(LOSS) FROM OPERATIONS (35,626) (56,928) (65,187) 8,260 6,677 (63,605) 51,005 Page 26of101 OTHER SOURCES OF CASH Sales Tax 16,532 44,712 41,400 3,312 8% 39,177 5,534 14% 202,576 22% PIF Fees 8,481 8,481 14,135 (5,654) -40% 42,405 (33,924) -80% 33,924 25% Interest Income 100 720 1,042 (322) -31% 1,202 (482) -40% 2,500 29% Other - 19,106 7,917 11,189 141% 20,394 (1,289) -6% 19,000 101% Grant Revenue - 225,948 - 225,948 - 225,948 - TOTAL 25,113 298,966 64,493 234,473 364% 103,178 195,788 190% 258,000 116%

OTHER EXPENDITURES Debt Service 50,000 108,524 108,524 (0) 0% 108,884 360 0% 225,381 48% Capital Improvements 209,719 1,315,749 1,138,393 (177,356) -16% 45,906 (1,269,843) -2766% 1,625,000 81%

Non Cash Items Depreciation ------300,000 Capital Contra - - - - (1,625,000) Amortization - - - - (1,946) Debt Contra - - - - (196,143)

TOTAL REVENUES$ 38,949 464,125 215,077 249,049 116% 262,943 201,182 77% 823,507 56% TOTAL EXPENDITURES(Cash) 309,181 1,646,360 1,462,688 (183,672) -13% 307,878 (1,338,482) -435% 2,364,883 70% TOTAL EXPENDITURES (Full Accrual) 309,181 1,646,360 1,462,688 (183,672) 307,878 (1,338,482) -435% 841,794 196% CHANGE IN FUND BALANCE (270,232) (1,182,234) (1,247,611) 65,377 (44,935) (18,288)

NED 2019 Financials 05.xls/Summary 8/28/2019 TOWN OF NEDERLAND 2019 FINANCIAL REPORT

MTD Year To Date (YTD) Year to Date (YTD) Full Year

actuals vs. PRIOR actuals vs. % of May 2019 ACTUALS ACTUALS BUDGET budget % var YEAR prior year % var BUDGET Budget Preliminary and Unaudited

STREETS

Taxes 8,266 22,356 21,327 1,029 5% - 22,356 106,366 21% TOTAL REVENUE 8,266 22,356 21,327 1,029 5% - 22,356 106,366 21%

Professional Services - - 3,333 3,333 100% - - 8,000 0% Equipment & Supplies 1,934 7,589 37,917 30,327 80% - (7,589) 91,000 8% TOTAL EXPENDITURES 1,934 7,589 41,250 33,661 82% - (7,589) 99,000 8%

TOTAL REVENUES 8,266 22,356 21,327 1,029 5% - 22,356 106,366 21% TOTAL EXPENDITURES 1,934 7,589 41,250 33,661 82% - (7,589) 99,000 8% CHANGE IN FUND BALANCE 6,332 14,767 (19,923) - 7,366 Page 27of101

NED 2019 Financials 05.xls/Summary 8/28/2019 AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES

Meeting Date: September 3, 2019

Initiated By: Dawn Baumhover Dept: Community Center Information ____X___ Action ______Discussion ______

AGENDA ITEM: Recommendation to re-allocate $5,900 of pre-approved Nederland Community Center (NCC) fund balance toward restoration work on the Stone Garage.

SUMMARY: The building known as the Stone Garage is part of the NCC site. The utilities to the facility were cut during the NCC renovation in 2005-2007. Since then it has been used for storage by Public Works and Police, it is the goal of NCC management to restore utilities to the building so that it can become usable space and generate revenue.

The first step in this process is to restore the water supply. Public Works staff will be able to do the work. The labor and equipment though will need to be paid for by the NCC. This is a win/win for the Town since the money owed would stay within the town and be transferred from NCC to the appropriate fund under Public Works.

HISTORY AND PREVIOUS BOARD ACTION: BOT approved $50,000 for the community room roof replacement in August 2018. The bid for $44,100 was accepted by staff on 10/5/18 with B&M Roofing. Due to scheduling delays it was necessary to move the work to 2019. The BOT approved moving these funds to 2019 and work was completed on the roof 8/5/19 and the warrant approved by the BOT 8/20/19.

QUESTIONS BEFORE THE BOARD: Does the board support the staff’s recommendation to re-allocate the remaining $5,900 of the pre-approved fund balance toward the restoration of utilities for the Stone Garage? If so, shall staff bring this item back to the BOT as a consent agenda item?

RECOMMENDATIONS: Staff recommends the reallocation of the funds.

ALTERNATIVES: Add CIP item to future budget requests and pay outside contractor.

FINANCIAL CONSIDERATIONS: A partnership between Town departments to complete such work results in significant savings in time and money.

Page 28 of 101 AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES Meeting Date: 9.3.19 Prepared By: Hope Jordan Dept: Nederland Downtown Development Consent ☐ Information X Action ☐ Discussion ☐

______

AGENDA ITEM: Nederland Downtown Development Authority Update

1. Funding for Jefferson St. rehabilitation and for the Visitor Center parking lot overlay: If the Town of Nederland receives TIP funding to renovate 1st St. the Nederland Downtown Development Authority approved an additional $70,000 to fund the rehabilitation of Jefferson St. and to overlay the Visitor Center Parking lot. Best wishes to Town Staff! We know they have worked many hours to make Nederland walkable and driveable! a. June 2019 DDA Meeting Minutes Approving Additional Funds for Public Works

2. Potential: Request for Proposal for the Town Beautification Project: After many years of beautifying Nederland, Elizabeth Allen of Coloring Colorado will not submit a Beautification Proposal for the 2020 Season. The NDDA is working closely with City Floral to procure flowers and develop a Request for Proposals that will benefit the Downtown area, as well as work within the NDDA beautification budget.

3. Potential: Request for Proposal for Electrical Box in Guercio: The NDDA is working closely with members of PROSAB to support the placement of an electrical box in Guercio Field. Discussions regarding the possibility of the NDDA funding an electrical box in Guercio Field began in October 2018. Recently, Town Public Works Manager Chris Pelltier graciously provided the NDDA and PROSAB a necessary guidelines to bring this project to fruition. Thank you to Public Works, Paul Mooney and Jessica Ansari for moving the project forward. a. Public Works List Guide to Electrical Box Project

4. Potential: Request for Proposal for parking on Big Springs Drive and Conger St. The NDDA is interested in exploring the possibility of creating proper drainage and diagonal parking spaces along the South side of Big Springs and the East side of Conger St. Currently community members and tourist parallel park in both areas. Creating diagonal parking spaces in these areas are promote accessibility and walkability by drawing consumers to the Southside of Town and directing to shops and restaurants on

Page 29 of 101 the Northside of Town. With proper signage, community members and tourists could be guided to use Chipeta Park’s pathway toward the pedestrian bridge. a. Satellite Map of Big Springs and Conger b. 8.14.19 Master Plan Prioritization Meeting: Parking

5. The WayFinding Project: In August 2018, the DDA Board of Directors conducted a needs/resources assessment and prioritization process that clearly identified parking and wayfinding signage as facilitators for pedestrian access and smooth traffic flow. Members of the NDDA are working with a local graphic designer to create signage that will directt individual’s to Nederland’s many amenities. While this project is in its early stages, preliminary designs exemplify Nederland’s unique spirit. a. Image Provided During Meeting

6. The Boulder Economic Workforce Grant o The Women’s Entrepreneur Group ▪ Women Entrepreneurs and Business Owners of Greater Nederland o The Business Book Club ▪ Through funding from the Boulder Economic Workforce Grant, the NDDA is able to support a local Business Book Club hosted by Hub Ned. In an endeavor to share resources, Hub Ned and the NDDA are partnering with the Nederland Public Library to provide valuable business resources and online support. o Website Development Class ▪ Grant funding allowed the NDDA to hire Liz Hamilton of Maia Internet Consulting Maia Internet Consulting to offer 3 Beginner Wordpress Classes and 3 Advanced Wordpress classes to area entrepreneurs. Nine students showed up to the first class on August 24th! You did not know about the classes? No worries, a video of the class will be provided to the community. The NDDA would like to Tjhank Hub Ned, Eileen Purdy, and Liz Hamilton for their proactive dedication to serving area business owners and entrepreneurs!

7. Festival Packet Update: The NDDA is excited to work with Town Staff and Event Stakeholders to develop an Event Packet that will make organizing events in Town easier to manage. At the beginning of the summer the NDDA hosted an Event Survey for area businesses to complete. Twenty-five business owners responded. Results show that a predominant amount of Nederland’s business owners support festivals. They also suggest that parking and traffic flow are addressed. ● 9.3.19 BOT DDA Survey Results

Page 30 of 101

8. Food Truck Survey Results and Recommendation:

● Food Truck Recommendation

9. Lakeview and Highway 72 Traffic Circle:

a. During the NDDA’s May 2019 meeting, Nederland’s Public Works Manager Chris Pelliteir graciously discussed possible solutions to traffic issues identified for the Lakeview Drive intersection in the Nederland Traffic Study. He explains that CDOT completed a study of possible ways to reconfigure the intersection. The most conducive solution suggested was to build a roundabout at the cost of $780,000. Because the roundabout will take several years to initiate and complete. NDDA members approved considerations to create a right hand turn lane on Lakeview Drive to ease traffic issues as the roundabout solution develops. The NDDA wishes to Thank Nederland’s Public Works Manager for his efforts in gathering the information necessary to move the project forward. We look forward to working with the Public Works Manager on this project.

o June 2019 DDA Meeting: Turn Lane Update

Page 31 of 101 AGENDA INFORMATION MEMORANDUM Board of Trustees

Meeting Date: September 3, 2019 Prepared By: Hope Jordan Department: Nederland Downtown Development Authority Consent ☐ Information ☐ Action X Discussion ☐

______

AGENDA ITEM: Nederland Downtown Development Authority November 5, 2019 Election

SUMMARY: The NDDA seeks Board of Trustee approval on running an election and ballot language. Attached is the Resolution 2019-10 that the Nederland Downtown Development Authority approved on August 14th at their regularly scheduled board meeting. Resolution 2019-10 calls for the November 5th special mail ballot election, authorizing the Collins, Cockrel, and Cole to conduct the election on behalf of the NDDA and approve the ballot issue language. The ballot’s language is attached to the Resolution as Exhibit A.

The 2005 and 2012 mill levy questions sets an expiration date for the assessment of the 5.0 mills for seven (7) years. Since there is no requirement to set such a date, being mindful of the time and cost to run an election, no expiration date in the current ballot issue language.

Attachement

NDDA Resolution 2010-10

Page 32 of 101

NDDA RESOLUTION NO. 2019-10

A RESOLUTION CALLING FOR A NOVEMBER 5, 2019 INDEPENDENT MAIL BALLOT ELECTION AND AUTHORIZING AN ELECTION ON THE QUESTION OF EXTENDING THE EXPIRING MILL LEVY

WHEREAS, the Nederland Downtown Development Authority, in the Town of Nederland, State of Colorado (“Authority”), is a body corporate duly organized and existing under the laws of the State of Colorado; and

WHEREAS, the members of the Board of Directors for the Authority (“Board”) have been duly appointed qualified; and

WHEREAS, the Board of Trustees for the Town of Nederland (“Board of Trustees”) has approved the Plan of Development (“Plan”) for the Authority; and

WHEREAS, the interest of the Authority and the public interest and necessity demand and require the financing of certain development projects described in the Plan (“Projects”); and

WHEREAS, the qualified electors of the Authority originally approved a general operating mill levy increase of 5.0 mills in November 1, 2005, and approved the extension of such mill levy rate on April 3, 2012, which current 5.0 mill levy rate will expire in 2019; and

WHEREAS, in order to continue the operations of the Authority, and finance the costs of the Projects, the Board hereby determines that it is necessary to extend the expiring 5.0 mill levy; and

WHEREAS, Article X, Section 20 of the Colorado Constitution (“TABOR”) requires voter approval for the extension of an expiring tax levy; and

WHEREAS, Section 31-25-807(3)(b) C.R.S. further provides that such election shall be called by Resolution of the Authority and approved by the Board of Trustees; and

WHEREAS, by Resolution No. 2019-______, the Board of Trustees approved the conduct of the special election by the Authority and submission of a ballot issue to obtain approval of the Authority’s qualified electors to extend the expiring 5.0 mill levy; and

WHEREAS, the Board hereby determines that such question should be presented to the Authority’s qualified electors at the election to be conducted on November 5, 2019 (“Election”), in accordance with the provisions of Title 31, Article 25, Part 8, C.R.S. (“Act”), the Colorado Municipal Election Code of 1965 (“Code”), and TABOR (the Act, Code and TABOR being referred to jointly as the “Election Laws”).

NOW, THEREFORE, be it resolved by the Board of Directors of the Nederland Downtown Development Authority in the Town of Nederland, County of Boulder, State of Colorado that:

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Page 33 of 101

Section 1. The special election of the qualified electors of the Authority shall be held on November 5, 2019, between the hours of 7:00 a.m. and 7:00 p.m. pursuant to and in accordance with the Election Laws, and other applicable laws. At such Election there shall be submitted to the qualified electors of the Authority the question substantially as stated in the form of ballot title attached hereto as Exhibit A hereafter set forth.

Section 2. The Election shall be conducted as an independent mail ballot election in accordance with all relevant provisions of the Election Laws, and hereby determines that Micki Mills, Collins Cockrel & Cole, shall conduct the Election on behalf of the Authority, and act as an Election Official. Ms. Mills is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Resolution and of the Election Laws or other applicable laws.

Section 3. If any part or provision of this Resolution is adjudged to be unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the Board's intention that the various provisions hereof are severable.

Section 4. Any and all actions previously taken by the Election Official, the Secretary of the Board, or any other persons acting on their behalf pursuant to the Election Laws or other applicable laws, are hereby ratified and confirmed.

Section 5. All acts, orders, and resolutions, or parts thereof, of the Board which are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict.

Section 6. The provisions of this Resolution shall take effect immediately.

ADOPTED this 14th day of August, 2019.

NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY

By ______Brent Tregaskis, Chairman ATTEST:

By ______Secretary

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Page 34 of 101

EXHIBIT A TO ELECTION RESOLUTION

TOWN OF NEDERLAND BALLOT ISSUE 1:

SHALL THE EXISTING TOWN OF NEDERLAND AD VALORUM PROPERTY TAX LEVY, WHICH IS DUE TO EXPIRE DECEMBER 31, 2019, BE EXTENDED THEREAFTER AT THE RATE OF NOT MORE THAN 5.0 MILLS ON TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE BOUNDARIES OF THE NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY; AND SHALL THE TOWN AND THE NEDERLAND DOWNTOWN DEVELOPMENT AUTHORITY BE AUTHORIZED TO COLLECT, RETAIN AND SPEND ALL REVENUE RECEIVED FROM SUCH PROPERTY TAX RATE AND ANY OTHER LAWFUL SOURCE, FOR THE PURPOSES SET FORTH IN TITLE 31, ARTICLE 25, PART 8, C.R.S., WITHOUT REGARD TO ANY SPENDING, REVENUE- RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?

{00704620.DOCX / }

Page 35 of 101 AGENDA INFORMATION MEMORANDUM NEDERLAND PLANNING COMMISSION

Meeting Date: September 3, 2019 Prepared By: Cynthia Bakke (updated by Miranda Fisher) Dept: Administration/Zoning Information ______Action___X___ Discussion ______

______AGENDA ITEM: Consideration for approval of the Special Review Use (SRU) Application related to an outdoor patio at 70 E 1st Street for Kyle Busey, the representative for BWJ LLC.

SUMMARY: SRU was reviewed at the Planning Commission (PC) on August 27th, 2019. There was no public opposition to the SRU. PC unanimously approved for the SRU application to be reviewed by the BOT with the following recommendations:  Indemnification for the Town due to the porch’s encroachment into Town’s right- of-way; Forthcoming application for encroachment permit  Appropriate signage “No Alcohol Beyond This Point”  Installation of a “bar rail” upon existing porch to keep glassware from falling off porch  Delineation upon a site plan of all required parking for the business  Sufficient, safe exterior downcast porch lighting  Installation of porch gate (if required), with emergency fire egress review to ensure this would not affect safe egress from the building – review would be done with the Fire Protection District (*If the gate would impede access, it would not be installed.)

OVERVIEW OF APPLICATION The applicant, Kyle Busey, was present on behalf of BWJ LLC of Lincoln, Nebraska, who is the property owner of 70 E 1st Street at the PC meeting on August 27th, 2019. Busey proposes to serve beverages on the outdoor front patio for his business patrons. The applicant has been a stakeholder in the business, with sale of the building most recently in October 2016, and a subsequent name-change to James Peak Brewery and Smokehouse from the former Wild Mountain Smokehouse.

The property is zoned Central Business District (CBD). The use falls under the Commercial Use groups for “outdoor sales, eating and drinking, or other outdoor commercial activities or establishments”, which is allowed via SRU in the CBD district. The parcel is 4,417 square feet, of which the building occupies 2,642 square feet. There is already a liquor license in effect for the interior of the building and the back porch.

Busey further outlines the proposal in the SRU application and attached narrative. The

Page 36 of 101 narrative doesn’t directly address how the proposed use corresponds with the goals of the Comprehensive Plan, although notes alignment with Vision 2020 goals, such as utilizing solar power to heat water and sell back to the grid, while reducing energy usage. Busey notes the employment of local residents with the restaurant walls featuring the works of local artists. The narrative indicates the desire allow service for patrons with non-service animals upon the front porch. The Town Administrator granted approval to serve food on the porch, thus the ability to serve liquor in this location will increase seating by the addition of 4 additional tables.

All required public notices, for property owners within 300 feet of the property, the newspaper notification, and property posting were met. No opposition to the application was submitted from residents or neighbors within the 300-foot buffer of the property.

HISTORY AND PREVIOUS COMMISSION ACTION: The property is zoned within the Central Business District (CBD).

The property file contains the building permit applications for the construction of the building which was built in 2006.

Through the previous identification of other businesses along the south side of E 1st Street which are known to encroach into the Town’s right-of-way (ROW), it was queried if this is the case with James Peak Smokehouse. An Improvement Survey Plat from 2010 of portions of 1st Street was provided by Boulder County Land Surveyor Lee Stadele which illustrates the encroachment. This raised concern by Public Works, given the proposed encroachment is an area proposed for liquor consumption. The Town Administrator noted that it would be more efficient to bring forward any other businesses that are found to be in the Town’s ROW for encroachment permits, a process which Crosscut Pizza and Taphouse had formerly undergone. Busey indicated his willingness to indemnify the Town in the event of any incidents by patrons on what constitutes Town property. It is anticipated that an official encroachment permit would be forthcoming.

Aerial View of Area

Page 37 of 101

Street View of Area Proposed for Patio

View of Area Proposed for Patio

ANALYSIS: Nederland Municipal Code (NMC) Criteria and Conditions: (1) Is eligible for a special review under Section 16-32 Use Groups: This application falls under Commercial Uses, as the applicant is proposing an outdoor patio to allow outdoor eating and drinking. This use type requires a special

Page 38 of 101 review in the Central Business District (CBD) zoning district.

(2) Is generally compatible with adjacent land uses; The property is in the downtown core of the CBD zoning district, which is predominantly commercial. There are other commercial businesses to the west and across the street to the north. There is a vacant lot directly to the east, along with the Town’s parcel, which was established as parking and a buffer to the wetlands and the creek further south. The Alpine Botanicals Apothecary is the last business along the south side. The next adjacent lot is owned by Ron Mitchell of NCBDR LLC, which is zoned High Density Residential (HDR), and currently provides 19 parking spaces and crop production. To the east of that lot, the area is solely residential with single-family homes on both sides of 1st Street.

(3) Meets all the requirements of Section 16-52, is in compliance with this Chapter and minimizes potential adverse impact of the special review use on adjacent properties and traffic flow; Not all of the requirements of Section 16-52 have been met. The requirements of Section 16-52(a)(1) and (2) have not been met with respect to details included upon the site plan, which is a copy of a portion of the floor plans utilized in the liquor license application requesting a modification of the premises to include the front deck. Not all of the requirements may be necessary being as the front porch has existed since the construction of the building, however the applicant can provide further details at the Public Hearing to ensure this is deemed complete. Performance Standards were addressed within the narrative.

(1) A complete site plan illustrating: a. Adjacent land uses and location of adjacent structures, including all adjacent natural features that will be impacted by the use. b. Boundary and size of site. c. Building location, height and setbacks. d. Off-street parking and loading areas. e. Points of ingress and egress. f. Service and refuse areas. g. Signs and exterior lighting. h. Fencing, landscaping and screening. i. Compliance with performance standards.

Page 39 of 101 j. Anticipated utility requirements. k. North arrow reference.

(2) A time schedule for development.

(4) Is consistent with the Comprehensive Plan; The plan does conform to some of the policies of the 2013 Comprehensive Plan Update, such as:

Economy  Work with local business owners on an ongoing basis to identify how local stores could better meet the needs of Nederland residents.

(5) The Town has the capacity to serve the proposed use with water, sewer, and fire and police protection. The property is already served with utilities and services. There were no issues presented by the Fire or Police Departments. Police Chief Johns said the porch would need appropriate signage, as the front porch space is already fenced. An indemnification form will be drafted to address the building’s encroachment into the Town’s ROW, until the applicant comes forward for an encroachment permit.

Legal Review: Attorney Jennifer Madsen inquired about the submission of associated ‘modification of premises’ application to the State and Local licensing authorities. It is understood the business has submitted this change to the State, and is awaiting zoning approval to complete the Local Liquor Licensing process.

Parking Requirements: For Eating and Drinking Establishments’ the parking required is 1 parking space per 4 seats. There are 4 tables outside (1 table for 4 and 3 tables for 2 each) for a total of 10 seats and 2 additional parking spaces.

ATTACHMENTS: 1. Land Use application 2. Narrative, floor plans, and associated documents 3. Floor Plan submitted for ‘Modification of Premises’ from Liquor License Application 4. Improvement Survey Plat of a portion of 1st Street showing encroachment into Town ROW, dated 8/6/2010, by Registered Land Surveyor Lee Stadele 5. Draft SRU Agreement 6. Draft Planning Commission Meeting Minutes 8/27/2019 6. Plan to address Planning Commission Recommendations

Page 40 of 101 Town of Nederland Land Use Department 45 W. 15‘Street, PO Box 396, Nederland CO 80466 [email protected], 303-258-3266, x22

Date Application Received Application No. Date Application Complete lc“-‘Ll/' DERL?’ Public Hearing Date Rsnaavh Newspaper Publishing Date CI5:1 Date Property Posted Date Notice Sent to Adjacent Property Owners

1. Pursuant to the Town of Nederland Municipal Code (NMC) and applicable Colorado State Law, application is made to the Town of Nederland for the following!

Fee $ tn e d Ea? El 1. Annexation El 8. Site Plan Standard D Preliminary I:I Residential (no further development) El Final El (date of Preliminary Approval ) El 2.Appeal of Admxmstrative decision Elj 9. Spec1alRev1ewUae Li’ El 3. Cuncep tu allk.-view El_____ El 10.Subdivision/Replat El 4. Encroachment Permit D____ Minor El El 5. Lot Line Dissolution El Preliminary E! El 6. Planned Unit Development Final El Preliminary Elj (date of Preliminary Approval ) El 11.Vacation of Right'of'Way l.'.I Final (date of Preliminary Approval ___) El N/AP El 12.Variance El 7. Rezoning/Zoning Amendment EI___ Tier 1 General Variance El Tier 2 Detached Structures EL: (less than 200sf) Tier 3 Reduction in Energy Use El

TOTAL FEE as$999 DEPOSIT $__'_§.'=g_ PAID $ I‘76'0 DATE

I. GENERAL DATA

Applicant §(V\0\’\C\/Wusi Name: ’ZT1m~9555*4453 Address1 70 5 Qf“>*\'sir Mcliv?znélCo ma?5 ‘ I Kge buqvfJ\l»"{\t Property Owner Name: "\7m/1 L»‘.\m0H/\ 0a«(o\7~‘H0€‘ Qg Phonei (§Q)€a ‘ (,5 Addressi H3)?-3 60* @\ - otv l/\No‘i’\‘W/\\‘?t’ I. I\(o\v\/.}~FI«:mai1:+mn) I; \’\' W4

Page 41 of 101 Property Location/Address /Smra 964%’70 ?rs’?5J(/,lUa§1rAm(§( O 307;; Legal Descriptionl H: J Zoningl

Blocki Lot1 \ Subdivisioni Acres? LI//L‘00 Description of the proposal (attach narrative if necessary)3 £30 Guvxce\ ~§o Errmlr?c2rc\/\(g51;§;‘a3~’a‘rruc,1rw(>

II. PLANS — See NMC Chapter 16 Zoning and/or Chapter 17 Subdivisions for required information to be included on plans. Attach list of all plans and other exhibits submitted, indicating name, address, license #, and phone numbers of preparer. * 56a. vxgcgivg, 4: ~g>_\3.;s"

III. ER IN TION THE P CANT BELI S WILL SUP RT THE APPLI N

How the proposed application will not substantially alter the basic character of the neighborhood, or adversely impact the public safety and welfare. How the proposed application will not create more noise, dust, odors, vibrations, lights, traffic or parking than is customary for the zoning district in which it is proposed, or that such increased impacts can be adequately mitigated. An explanation of the character of the application and the manner in which it has been planned in consideration of the Nederland Municipal Code, Nederland Design Standards, Nederland Comprehensive Plan, and the Envision Nederland 2020 process. . Are there any existing or proposed covenants or deed restrictions on the property?

RE UIRED A COMPLETE APPLICATION AL Non-refundable application fee per approved fee schedule. Affidavit of Ownership. Address mailing labels of all property owners within 300 feet of the boundaries of the property in question, if applicable. Available from the Boulder County Assessor’s

Office — 303.441.3530. . Engineering/Legal Escrow Fee of $1000, if applicable. It is the policy of the Town of Nederland to require a review by a licensed engineer and Town Attorney for the material submitted by the applicant. The cost of said engineering or legal review is the full responsibility of the applicant. The $1000 collected by the Town is placed in escrow for the duration of the review process. Expenses incurred by a licensed engineer and attorney are paid from the escrow account. Any unused money left in the escrow account is returned to the applicant at the end of the review process after review costs are determined.

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Page 42 of 101 AGREEMENT ‘TheApplicant hereby agrees to pay all costs and fees incurred by the Town of Nederland above and beyond the submitted EngineeringlLegal Escrow Fee and in the hiring of planning and legal consultants as needed, to review the application. The obligation of the applicant to pay such fees bears no relationship to the result of the application process. The Applicant will pay all fees as billed in any event, including the event the applicant shall withdraw or delay the application, or in the event the application is denied. The applicant ensures that all Town accounts are and will be maintained in good standing or risk violation of associated agreement andlor termination of approved operations. The applicant signature below certifies that the information above has been read and understood.

This agreement is made on the day of AL\AC)U;$‘\’, 20 W

between the Town of Nederland and IA/\¢ yams E90» wség?edname of applicant)

The information I have submitted is true to the best of my knowledge. I understand that if this application is deemed complete, it will be submitted for consideration to the Planning Commission or the Board of Zoning Adjustment. If a recommendation of the proposal is given by the Planning Commission, the approved application will then be forwarded to the Board of Trustees for ?nal consideration and approval. The Board of Zoning Adjustment is the ?nal approval for a variance.

'0 Applica s Si fTow ederla representative

Page 43 of 101 Jam es Peak Smo kehou se Propo s al Extending Food and Beverage Service to Front Porch - 7/31/19

A. How the proposed application will not substantially alter the basic character of the neighborhood, or adversely impact the public safety and welfare.

a. The proposed application willhave no effect on public safety, welfare or the neighborhood with the main reason being that the suggested proposal includes extending service to the front porch of the restaurant, which is already fenced in according to building code. Proper signage willbe installed regarding no alcoholic drinks off of the premises, proper staff training willbe conducted and enforced along with TIPS training. The front patio is also the only place in the restaurant where non-service animals are allowed to join their owners who would like table service. It willalter the neighborhood only in positive ways and willdrive more business to the entire downtown area, due to the fact that cars driving by willsee customers enjoying their day in Nederland outdoors, especially with their non-service animals. The deck is in good condition and any issues that arise will be ?xed immediately, to ensure that customers willhave a safe and comfortable dining experience.

B. How the proposed application will not create more noise, dust, odors, vibrations, lights, traffic or parking than is customary for the zoning district in which it is proposed, or that such increased impacts can be adequately mitigated.

a. The only noise that willbe created from this proposed change is the level of voices of the people who would be dining with us on the front deck. We pride ourselves on being a family establishment and there is no smoking allowed on the property, including the proposed expansion. There willbe no additional dust, vibrations or lights, and the only odors would be that of the smoked meats that already permeate the area due to the cooking process. The proposed plan will not require more parking as the business has the required parking allotment for both its employees and customers, including that on First St and nearby lots. A small dog shade area willbe created providing a place to leash dogs, give them a fresh water supply and also provide shade from the high elevation sun. This area willbe outside of the proposed extension to service and willnot impede any isle ways or fire safety lanes that are required to be kept open.

C. An explanation of the character of the application and the manner in which it has been planned in consideration of the Nederland Municipal Code, Nederland Design Standards, Nederland Comprehensive Plan, and the Envision Nederland 2020 process.

Page 44 of 101 a. The planned expansion willalign with Nederland 2020 in the fact that we are going to be ?xing and re-starting the process of using solar power for both heating of water to save energy, and selling energy back to the grid. This willhelp the overall footprint of the restaurant/brewery reach new lows of energy usage, while increasing our production and customer satisfaction by a cleaner, more environmentally friendly product. There is already a water system in place on the property which needs maintenance to be restarted, and we willpurchase solar created energy credits from XCEL energy instead of relying on the typical coal energy.

We have traditionally hired local residents and willcontinue to do so while the town expands, and we look forward to the development of affordable housing in Nederland. We also feature local artists monthly to canvas our walls with their work, and allow them to sell on a commission basis. We could expand this program by working with local art events to create artist awareness.

James Peak Smokehouse is a draw from tourists both in the Front Range and Nationwide. We willcontinue to offer great products and service to this demographic which willcontinue to support the town and surrounding area.

D. Are there any existing or proposed covenants or deed restrictions on the property?

a. There are no existing or proposed covenants or deed restrictions on this property.

Page 45 of 101 August 4, 2019

Clerk Town of Nederland P.0. Box 396 Nederland, CO 80466

RE:James Peak Brewery & Smokehouse - First St. Patio Service

Dear Clerk,

On behalf of T&C,LLC,the owner of James Peak Brewery and Smokehouse, Iconsent to the application made by KyleBusey to extend service on the patio affronting FirstStreet in Nederland, Colorado. Any questions or concerns may be directed to me at [email protected].

Sincerely,

Tom Wilmoth Managing Member

Page 46 of 101 8/5/2019 Boulder County

Bmlldcn County

Property Report for Account R0022985

Today's Date: 8/5/2019

PropertyAddress: 70 E 1ST ST City: NEDERLAND Owner: BWJ LLC Parcel Number: 158313344001 MailingAddress: 1023 LINCOLNMALL City, State, Zip: LINCOLNNE.68508 Sec-Town-Range: 13 -1S -73

Subdivision: UPSTREAM SUB - NE Jurisdiction: Nederiand Legal Description: LOT 1 UPSTREAMSUB Square Feet: 4,417 Acres: 0.10

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https://maps.boco.solutions/PropertyReporlslindex1.html?type=all&account=R0022985&jurisdiciion=Nede11and&sf=4,417&acres=0.10¢roidX=29... 1/5

Page 47 of 101 &°wN04:» r\.. ‘) PUBLIC HEARI NG %DERL?’ ?n am

PLEASE TAKE NOTICE that the Town of Nederland Planning Commission shall have a Public Hearing on Tuesday, August 27, 2019 at 7:00 p.m. in the Nederland Community Center, 750 Highway 72 North, Multi—purpose Room, to consider an Outdoor Special Review Use (SRU) for an outdoor patio upon the front porch at 70 E 1st Street by Kyle Busey of James Peak Smokehouse, dba BJW, LLC.

Please note the meeting date has been moved one dav earlier All interested persons are encouraged to attend.

IN WITNESS WHEREOF, I affix my hand and the official Seal of the Town of Nederland, Colorado, August 5, 2019.

Cynt% (Seal) Bakke, Deputy Zoning Administrator

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— Survey Report — #34 East First Street . Nederland . Colorado

' ' THISSURVEYRETRACES.£NAI SUBDIVISIONRECEPTIONNO. 1705930 AND THE TRACTS located In the Southwest quarter of Sectlon FROM VHICI-IINAI SUBDIVISIONWAS CREATED.INAI SUBDIVISIONV)lASSURVEYED BERTSCH(COLORADOPLS 10717) OF B»! SURVEYINGIN THE YEARS1996 1 . Range west of the

THEEASTERNUNE OF \£NAI SUBDIVISIONIS NOT IN QUESTION.ALTHOUGH.ENA| Boulder County . Colorado SUBDIVISIONSHOWSTHEAREATO THEEAST AS UNPLATTED.IT WAS AT THE TIME-ENAI Notes- SUBDIVISIONWAS CREATED.SUBDMDEDANDPLATTEDAS UPSTREAMSUBDIVISION. UPSTREAMSUBDIVISION(RECEPTIONNO. 1661719) WAS PREPAREDBY MY BUSINESS GUARANTEECOMPANYCOMMITMENTNO. 70272696 PARTNER.STEVENJ. SELLARS(COLORADOPLS 27615) ANDWAS RECORDEDIN DECEMBER LANDTITLE 1996. THE SURVEYMONUMENTSALONGTHE EAST UNE OF .ENAI SUBDIVISIONAND THE WAS ENTIRELYRELIEDUPON FOR EASEMENTSOF RECORD VEST UNE OF UPSTREAMSUBDIVISIONAREIN AGREEMENT. IN THE PREPARATION OF THIS SURVEY. THE PLAT OF .£NAI SUBDIVISIONHAS NO INFORMATIONAS TO HOWTHENORTHLINE OF THE SUBDIVISIONWAS ESTABUSHED. THIS LACK OF INFORMATIONIS STRANGE ACCORDINGTO COLORADOLAW YOU MUST COMMENCEANY LEGALACTION BECAUSETHEREWAS EXTENSIVESURVEYINGDONEALONGTHENORTHSIDE OF FIRST THIS SURVEY YEARS STREETBY NUMEROUSSURVEYORSAS SHOWNON LANDSURVEYPLAT DEPOSITEDMTH BASED UPON ANY DEFECTIN WITHINTHREE AFTER BOULDERCOUNTYLANDUSE AS PREPAREDBY STEVENSELLARS.THE YOU FIRST DISCOVERSUCH DEFECT. IN NO EVENTMAY ANY ACTION "LS-95-0102'. — — Property Description BUILDINGS.AS SHOW ON THE PLAT OF .£NAl SUBDIVISION.EXTENDNORTHERLYINTO BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCEDMORE THAN THE EAST FIRST STREETROAD RIGHT-OF-WAY. THE TOVMOF NEDERLANDPLANNING COMMISSIONANDMAYORSIGNEDOFF ON THIS PLAT WITHOUTADDRESSINGTHESE 34 EAST FIRST STREET TEN YEARS FROM THE DATE OF THE CERTIFICATIONSHOWN HEREON. IT IS MY OPINIONTHAT THE TOVM OF NEDERLANDSHOULDBE CONSULTED AND IHAI A LEASE. LASLMENI on PARTIAL ROAD VACAIION BE PREPARED IN ORDER : TO ADDRESSTHESE ENCROACHMENTS. PROVIDEDBY LANDTITLEGUARANTEECOMPANY BASIS OF BEARINGS PER THE RECORDEDSUBDIVISIONPLAT. ASSUMED THE EAST LINE OF PARCELS A AND B TO BEAR THE WESTLINEW .£NAI SUBDIVISIONAPPEARSTO HAVEBEENDETERMINEDBY USING PARCEL A : NORTH OO'OO'0O"EAST BETWEENSURVEY MONUMENTSSHOWN HEREON. THE RECORDMATHEMATICALCALLIN THE DEEDFROM THE SOUTHEASTCORNEROF BRIDGEANDFIRST STREETS. THE SOUTHEASTCORNEROF BRIDGEANDFIRSTSTREETS. LOT 2, JENAI SUBDIVISION, SINCE THE YEAR1932. HAS BEENLOCATEDINSIDETHE EXISTINGBUILDINGAT 4 EAST COUNTYOF BOULDER, STATE OF COLORADO. THE SUBJECT PARCEL CONTAINS A GROSS AREA OF 14,422 SQUARE FEET. FIRST STREET(OFF HER ROCKERMERCANTILE)ANDTHEREFORETHEPOSITIONOF THIS THE OVERLAP AREA CONTAINS 646 SQUARE FEET. POINT CAN ONLYBE CALCULATEDUSINGINFORMATIONFROM NEVERSURVEYSIN DIFFERENTSUBDIVISIONS.THE TOWNOF NEDERLANDSUBDIVISIONPLAT, WOHLCKES PARCEL B : ADDITIONANDBIG SPRINGSPARK MEADOWSSUBDIVISIONWEREALLSURVEYEDBY THE BEST EVIDENCEOF THE FORMERTRACT BOUNDARIESIN THIS AREA THAT TRACT OF LANDSET FORTH IN QUIET TITLEDECREE DIFFERENTSURVEYCRSANDONE (1) FOOT OR MOREOF PLAY BETVEENTHESE PLATS IS THE LOCATIONOF THE AS-BUILT COMMONWALLS BETWEENTHE ANDSURVEYSDONEBY DIFFERENTSURVEYINGFIRMS IS NOT UNCOMMON. RECORDEDMARCH 10, 2004 AT RECEPTIONNO. 2565073, DESCRIBEDAS FOLLOWS: EXISTINGBUILDINGSWHICHFIT THE PROPERTY DESCRIPTIONSVERY WELL. THE NAIL ANDDISK SET AS A 10 FOOT OFFSET POINT TO THE NORTHVESTCORNER OF LOT 1. -ENAISUBDIVISION.FOUNDIN THEWOODWALKWAYINDICATESTHATMR. THE NORTH PORTIONOF THE BUILDING,ROOF EAVES.DORMERS,COVEREDWOOD BERTSCHSET THIS POINT WITHOUTTAKINGINTO ACCOUNTTHE LOCATIONOF THE A TRACT OF LAND SITUATED IN THE SOUTHWESTQUARTER COMMONWALLSETKEN LOT 1, \£NAI SUBDIVISION(30 EAST FIRST STREET)AND WALKWAY(WITHFRAMEPILLARS)AND SIGN EXTENDINTO THE EAST FIRST STREET .._-- ...... _-.. _.....- ._....- _—__- 13, 73 WEST OF ..—... OF SECTION TOWNSHIP1 RANGE In-Ir. uuu.umu IU mt. nan UN ASSLSSUKS IKAUI 9/uA (zo EASI rmsl SIKELI — ROAD RIGHI-OI’-WAY AS SHOWN. RUSTICMOOSE). SIXTH PRINCIPAL MERIDIAN.COUNTYOF BOULDER.STATE OF COLORADO, MORE PARTICULARLYDESCRIBEDAS FOLLOWS: THERUSTICMOOSEEJILDINGON TRACT970A WAS BUILTIN THE YEAR1890. PER THE PLAT OF JENAI SUBDIVISION.THE STRUCTURESON LOTS 1 AND 2 THELOCATIONN THE EXISTINGWALLSVMICHDIVIDETHESE TWO(2) BUIIDINGS BEGINNINGAT THE SOUTHWESTCORNER OF LOT 2. SHARE A COMMONWALLAND AGREE TO SHARE THE RESPONSIBILITYFOR SEEMS TO BE A BETTERWAY TO RE-ESTABUSH THE PARCEL LINERATHER MAINTENANCEOF THE WALL. THE LEGALDESCRIPTIONFOR LOTS I AND 2 THANHOLDINGA DISTANCEIN THEDEEDM-IICHCAN NOT BE VERIFIEDEXCEPT JENAI SUBDIVISION; THENCE NORTH 90’O0’0O"EAST BY EXTRAPOLATINGTHEPOSITIONFROMNEVERSURVEYSIN THIS AREA. ALONGTHE SOUTH LINEOF SAID LOT 2, A DISTANCEOF SHOWN ON THE PLAT OF JENAI SUBDIVISION.STATES THAT THE EAST EDGE TO SAID LOT 2; OF THE COMMONWALLIS THE LOT LINEBETWEENLOTS 1 AND 2. TO MAKEMATTERSMORECONFUSING,MR. BERTSCHSHOWSTHEWESTLINEOF LOT 1 75.00 FEET THE SOUTHEASTCORNEROF AS COINCIDENTWITHTHE WAIJ.S BETVEENTHE BUILDINGSAT 26 AND30 EAST THENCE SOUTH OO'00'OO"WEST.98.01 FEET, MOREOR FIRST STREET. BUTDOES NOT SPECIFICALLYCALLOUT THE WALLSAS THE LINE LESS, TO THE CENTERLINEOF MIDDLEBOULDERCREEK; A SMALLPORTION OF THE FOUNDATION,REMNANTFOUNDATIONAND CONCRETE ON IENAI SUBDIVISION. THENCE ALONGTHE CENTERLINEOF MIDDLEBOULDERCREEK STOOP ATTACHED TO THE BUILDINGON LOT 1 EXTENDINTO LOT 2 AS SHOWN. THE MATH SHOVN ON THE |£NAl SUBDIVISIONPLAT ANDTHE NAILANDDISK SET BY THE FOLLOWINGTHREE(3) COURSES : MR. BERTSCH AS A 10 FOOT OFFSET TO THE NORTHVESTCORNEROF LOT I WOULD THE PARKING AREA BEHINDTHE BUILDINGON LOT 2 USES THE EXISTINGGRAVEL PLACETHE WESTUNE AT THE NORTHVESTCORNEROF LOT 1. ABOUT5 INCHESVEST THENCESOUTH 88'26'53" WEST.22.13 FEET; DRIVEIN ORDER TO ACCESS BRIDGESTREET TO THE WEST. OF ANDINTO THE EAST WALLOF 'I'HERUSTICMOOSEBUILDING. $1)

SINCE THE PLAT OF .£NAI SUBDIVISIONSHOWSTHE UNE IN TWO(2) DIFFERENTPLACES. E35THENEENBHTH56°33'13"WEST,'23'.i3's'FE'1-:'T'; 10) CONFLICTINGBOUNDARYEVIDENCE- THE NAIL AND DISK SET BY MR. BERTSCH IT IS MY OPINIONIS THAT THE BEST EVIDENCEOF THEEAST UNE OF TRACT970A IS THE TO MARK THE NORTHWESTCORNER OF LOT 1 (‘IOFOOT WITNESSCORNER) LOCATIONOF THEWALLSTHATPHYSICALLYDIVIDETHE BUILDINGS.THEBUILDINGON THENCE NORTH oo'oo'oo" EAsT, 74.51 FEET TRACT970A (26 EASTFIRST STREET- RUSTICMOOSE)WAS BUILTIN THEYEAR1890 IS LOCATED5 INCHES TOO FAR WEST AND DOES NOT MATCH THE COMMONWALL. AND THE BUILDINGON LOT ‘I. ..ENAISUBDIVISION(30 EAST FIRST STREET - MOUNTAIN To THE POINT or BEGINNING. PEOPLE'SCOCPERATIVE)WAS BUILTIN THE YEAR1933. ALLOF THE EWDENCE 11) THE LEGALDESCRIPTIONIN THE QUIET TITLEAc11oN STATES THAT THE PARCEL UNCOVEREDDURINGTHE PREPARATIONOF THIS SURVEYINDICATESTHAT THE BUILDINGSVEREPLACEDON THE PAREL UNES ANDTHAT THESE BUILDINGSDEFINE 1s IN THE NORTHEAST1/4 or SECTION 13 WHENIN FACT THE PARCEL 13 1s THELOCATIONN THE EAST—WESTPARCELLINESBETVEENTHESETRACTS. LOCATED IN THE SOUTHWEST1/4 or SECTION 13 (NE 1/4 or THE sw 1/4). PER THEPLAT OF .ENAI SUBDIVISION(SEE THE LEGALDESCRIPTIONFOR LOT I ANDLOT 2 ON THE FACE OF THE PLAT) THE LOT LINEBETVEENLOTS I AND 2 IS THE COMMON 12) I HAVE RESET SEVERALOF MR. BERTSCH'SSURVEY MONUMENTSWHERETHEY WALLON THEEAST SIDE OF THEMOUNTAINPEOPLE'SCO-OP. THEPLAT ALSOSHOWS WERE DISTURBEDOR IN DANGEROF BEING DESTROYED. THAT THEREIS A B INCHJOG BETVEENTHESOUTHEASTCORNEROF LOT 1 AND THELOT LOOSE. CORNERANGLEPOINTOF LOT 2. I MEASUREDTHELOCATIONOF THE8 INCH MOE CONCRETEBLOCKWALLON THEEAST ANDVEST SIDES OF THE BUILDINGON LOT 1 13) THE SOUTHERNPORTION OF PARCEL B MAY BE SUBJECT TO WETLANDRESTRICTIONS. ANDHELDTHE LOCATIONOF THE WALLAS THE LOT LINEAS SHOWNON THIS PLAT. BJI SURVEYINGANDMR. BERTSCI-IALSO PREPAREDA LANDSURVEYPLAT IN THE 14) SEE SHEET 2 OF 2 FOR SURVEY DRAWING. YEAR1998 FOR PARCELSADJACENTTO .ENA| SUBDIVISION.

THEPURPOSE OF THE 1998 LANDSURVEYPLAT WAS TO OUIETTHE TITLEOF THEPARCEL OF LANDIMMEDIATELYSOUTHOF |£NA| SUBDMSION. THEDEGREEOUIETINGTITLE (CASE NO. 2002 VC 1052) DIDPROCEEDANDIS RECORDEDAS RECEPTIONNO. 2565073, BOULDERCOUNTYRECORDS. THE SURVEYMONUMENTSSET FU? THIS ACTIONWERE FOUNDIN SUBSTANTIALAGREEMENTALONGTHEEAST SIDE OF THE PARCEL AND STICKINGUP OUT OF THE GROUNDON THE VEST SIDE OF THEPARCEL. THE AREA OF LOT 2. INAI SUBDIVISIONIS SHOWNAS "PARCEL3' ON THIS SURVEY PLA S0U1TI~I. — Surveyor's Statement — THE SOUTHLINEN PARCEL B IS CALLEDOUT TO BE THECENTERUNEOF MIDDE I. LEE W. STADELE.A DULY REGISTEREDLANDSURVEYOR, LICENSEDIN THE BOULDERCREEKANDTHENORTHLINEOF LOT 6. BLOCK BIG SPRINGSPARK MEADOWS 1. — STATE OF COLORADO, STATE FOR ON OF FLAGSTAFF SUBDIVISION(PREPAREDBY JAMES HASELWOOD,COLORADOLS 4403) IS ALSO CALLED Flagstaff Surveying Inc. HEREBY AND BEHALF OUT AS THE CENTERUNEOF MIDDIEBOULDERCREEK. SURVEYING, |NC.. THAT A SURVEY OF THE ABOVE DESCRIBEDPREMISES WAS TABLEMESASHOPPINGCENTER CONDUCTEDBY ME AND UNDER MY DIRECTSUPERVISION, RESPONSIBILITY AND Annrgnn any ll!-lnuwntun “Av nan‘: -up -- ~'T=~<= "W M -=~-M W W‘ UM M "Hm '"= W" W''" W '"= 637 souTH BROADWAY . sun: c CHECKING DURING JUNE, JULY 8: AUGUST 2010; THAT SAID SURVEY AND THE 3'“ 5""'"°s "W "“°°"’s 5”°°""'°"°” "’°"”’ "W 7”‘ °""“"'”‘ °' “E °”“" ANDCHECKTHELOCATIONOF THESELINESWITHBIG SPRINGSPARK MEADOWS acumen . COLORADO. 30305 ATTACHED PRINT HEREON WERE MADE IN SUBSTANTIALACCORDANCE WITH SUBDIVISION.AS A RESULT, THESOUTH PORTIONOF PARCEL B OVERLAPSLOT 6. 303.499.9737 BLOCK1. BIG SPRINGSPARK MEADOWSSUBDIVISIONAS SHOWNON THISSURVEYPLAT. 16400a—1.dwg . 6 Augunt 2010 SINCE THE INTENTOF BOTH THEQUIETTITLEACTIONANDTHEBIG SPRINGS PARK _ Page 50 of 101 SHEET 1 OF MEADOWSSUBDIVISIONPLAT IS TO PUT THELINEIN THECENTEROF MIDDLEBOULDER 2 TEXTSHEET CREEK.THE MATHEMATICALOVERLAPAPPEARS TO HAVEBEENUNINTENTIONAL. Page 51 of 101

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MOWTA I339¢ §?§§..5..“IE;{I D0400I 2 SPECIAL REVIEW USE AGREEMENT

JAMES PEAK BREWERY AND SMOKEHOUSE – DBA BWJ LLC 70 E 1st Street

THIS AGREEMENT is entered into this day of September 2019, by and between the Town of Nederland, a Colorado municipal corporation (“the Town”) and Kyle Busey, acting on behalf of BWJ LLC property owner of James Peak Brewery and Smokehouse (“the Applicant”).

WHEREAS, the Applicant is the owner of property described as a portion of Lot 1 Upstream Subdivision, also known as 70 E. 1st Street and further described in Exhibit A, Town of Nederland, County of Boulder, State of Colorado, 80466 (“the Property”); and

WHEREAS, the Applicant has applied for permission to serve food and alcoholic beverages upon the front porch of the Property as a Special Review Use, which the business had previously undergone to serve food and alcoholic beverages on the rear porch; and

WHEREAS, the Property is located within the Central Business District (CBD) zoning district; and

WHEREAS, ‘Outdoor sales, eating and drinking, or other outdoor commercial activities or establishments’ are eligible as a Special Review Use in the CBD zoning district, provided the criteria for a Special Review Use are satisfied; and

WHEREAS, the Applicant acknowledges that the Town’s review and approval of plans for the proposed Special Review Use have been done in furtherance of the general public’s health, safety and welfare and that no immunity is waived and no specific relation with, or duty of care to the Applicant or third parties is created or assumed by such review or approval; and

WHEREAS, the Nederland Planning Commission reviewed the proposed special use on August 27, 2019 and recommended approval subject to certain conditions, and

WHEREAS, following proper notice, the Nederland Board of Trustees has considered the Applicant’s application to serve food and alcoholic beverages upon the front porch of the Property as a Special Review Use and has concluded that such use is proper under the terms and conditions set forth herein.

NOW THEREFORE, it is agreed as follows:

1. The Nederland Board of Trustees grants to the Applicant the right to serve food and alcoholic beverages upon the front porch of the Property in conformance with the Applicant’s complete and approved Application for a Special Review Use, including but not limited to the Site Plan included therewith, said Application attached hereto as Exhibit B and incorporated herein by this reference (the “Application”), subject to the conditions set forth in Section 2, below.

2. The Applicant shall be entitled to use the front porch of the Property to serve food and alcoholic beverages as described herein, so long as the Applicant complies fully and completely with the following conditions:

Page 53 of 101 ***DRAFT***

a. As set forth in the Revocable Encroachment License, the Applicant agrees to indemnify the Town in the event of any accident, injury, or liability to the Town as a result of the property’s encroachment on the public right-of-way. The Town’s knowledge of this encroachment has existed since at least August 2010. T h e A p p l i c a n t w i l l a g r e e to enter into a Revocable Encroachment License.

b. Off-street parking spaces shall be constructed and delineated prior to commencement of operations. Each such parking space shall comply with the Town’s requirements regarding size, marking and nature of parking spaces. Boulders will not be used for parking delineation, with two (2) additional on-site parking spaces required for the additional seating upon the front porch, in addition to the parking spaces for the main business and employees.

c. The Applicant shall not expand or allow expansion of the uses of the Property or the area of the Property permitted hereunder, without the advance written consent of the Nederland Board of Trustees. The Town Zoning Administrator shall determine whether an expansion of use or area of use constitutes an “alteration” of the use approved by this Agreement, requiring an additional application and approval process in accordance with Code Section 16-57(a).

d. The Applicant must at all times meet all requirements related to noise, odor and/or sound prescribed by the Nederland Municipal Code.

e. The Applicant shall use downcast lighting on the property, designed to minimize to the greatest extent reasonably practicable leakage of light beyond the property line. The Applicant shall make commercially reasonable effort to provide a night sky-friendly site.

3. The Applicant shall comply with and shall ensure that the Property complies in all material respects with all applicable laws, rules and regulations, including but not limited to building, zoning, design standards, rights-of-way, sidewalk, nuisance, floodplain, floodway, health regulations or any other rules or regulations. When requested by the Town, reasonable proof of such compliance shall be provided by the Applicant.

4. Violation. Allegations concerning a violation of one or more of the terms or conditions of this Agreement may give rise to a review of the special review use approved for the Property. Such review shall be conducted pursuant to Code Section 16-61. If, as a result of a hearing held pursuant to said Section, the Board determines that a violation exists, then the Board shall have the following options, in its discretion:

a. Following notice to the Applicant of a violation and a reasonable period of time to cure the violation, the Board may terminate the Agreement, in which event the use of the Property under the special use permit shall cease; provided, however such option shall not be pursued by the Board upon the first such violation and then only following a good faith determination that the Applicant has demonstrated a pattern of failure to adhere to the terms of this Agreement.

b. Following notice to the Applicant and a reasonable period of time to cure the violation, the Board may suspend the Special Review Use Permit until the breach is remedied.

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Page 54 of 101 ***DRAFT*** No use shall be made of the Property during such suspension.

c. Modify the Agreement on such terms and conditions as the Board and the Applicant deem appropriate, including but not limited to, restricting the uses that may be made of the Property or the portions of the Property in which such uses may be made or adding additional terms or conditions to the Agreement.

5. Payment of other Town fees, taxes and charges. The Applicant shall stay current with all taxes, fees, water bills and other charges or obligations owed to the Town. Should the Applicant be delinquent in any such payment for 90 days or more, unless the amount due and payable is disputed by the Applicant in good faith, such delinquency shall constitute a violation of this Agreement, subject to the terms of Section 4 above.

6. Termination. This Agreement and the corresponding Special Use Certificate shall terminate upon the earliest of the following events:

a. Failure of the Applicant to comply with any term of this Agreement as determined through the process set forth in Section 4, above.

b. Operation of any business on the Property other than as specifically permitted in this Agreement unless reasonably ancillary thereto.

c. Termination of the operation of the permitted use for a period of 12 consecutive months or longer.

d. Voluntarily relinquishment of rights under this Agreement by the Owner of the Property or the Applicant submitted to the Town in writing.

7. Effect of termination. Upon the termination of this Agreement, the right to use the Property for the mixed uses approved hereby shall immediately terminate and the Property may then be used and developed only pursuant to the Town of Nederland Municipal Code. In the event of termination, the Town shall record notice of such termination in the records of the Boulder County Clerk and Recorder’s Office.

8. Modification and Waiver. No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of any provision of this Agreement shall be construed as a waiver of any subsequent breach of the same or any other provision hereof. It is expressly agreed that, except as may otherwise be provided by applicable statute or ordinance, no official of the Town has the authority to waive or modify any provision of this Agreement without the approval of the Board of Trustees.

9. Title and Authority. The Owner warrants to the Town that it is the record owner of the Property, upon which the Applicant will be operating. The undersigned further warrants to have the full power and authority to enter into this Agreement.

10. Transfer and Assignment. This Agreement and the corresponding Special Review Use Certificate shall constitute a covenant running with the Property and shall continue until terminated as provided herein or by written agreement between the Town and the Owner, its heirs, successors or assigns or the Applicant. Upon transfer of ownership within the same

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Page 55 of 101 ***DRAFT*** use, the new owner must agree to and be bound by all provisions documented in the development agreement before the SRU certificate is transferred. Applicant is under contract to sell and transfer title to the Property to Golden Banner Holdings, LLC, of which Kyle Busey is a member and the sole manager. The Town hereby agrees this transfer shall have no effect on this Agreement.

11. Severability/Governing Law. This Agreement is to be governed and construed according to the laws of the State of Colorado. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be in violation of any local, state or federal law, and thereby rendered unenforceable, the remaining provisions shall remain in full force and effect as if the unenforceable provision had never been included in this Agreement.

12. Recordation. This Agreement shall be recorded with the Boulder County Clerk and Recorder, with the Applicant to reimburse the Town for such costs of recording.

13. Issuance of Special Review Use Certificate. Upon execution of this Agreement and compliance with all other conditions precedent as stated in this Agreement, the Town shall issue a Special Review Use Certificate to the Applicant. The

Applicant shall take no action in reliance on this Agreement and shall have no rights under the Special Review Use process until such time as the Special Review Use Certificate is issued.

ATTEST: TOWN OF NEDERLAND, COLORADO A Municipal Corporation

______By: ______Miranda Fisher, Town Clerk Kristopher Larsen, Mayor

APPROVED AS TO FORM:

______Jennifer Madsen, Town Attorney

APPLICANT:

By: ______

______

STATE OF ______) ) ss. COUNTY OF )

Acknowledged before me this ______day of ______, 2019, by

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Page 56 of 101 ***DRAFT*** ______as ______BWJ LLC

Notary

My Commission Expires: ______[SEAL]

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Page 57 of 101 ***DRAFT*** EXHIBIT A

[LEGAL DESCRIPTION]

LOT 1 UPSTREAM SUBDIVISION

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Page 58 of 101 ***DRAFT*** EXHIBIT B

[APPLICATION, AS APPROVED, INCLUDING SITE PLAN AND NARRATIVE]

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Page 59 of 101 ***DRAFT***

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TOWN OF NEDERLAND PLANNING COMMISSION REGULAR BUSINESS MEETING

NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466

August 27, 2019 - 7:00 P.M.

MINUTES ______A. CALL TO ORDER Chair Cornell called the meeting to order at 7:02 pm.

B. ROLL CALL Present: Chair Roger Cornell, Vice Chair Steven Williams. Commissioners: Linda Glasser, Ralph Hunt, Chris Perret and Jim Reis. Commissioners: Lindsey Danforth and Stephanie Herring were late in arriving. Danforth arrived after the approval of minutes. Herring arrived during the 1st Action item. Absent: Trustee Rawsthorne.

Also Present: Town Administrator Karen Gerrity; Deputy Zoning Administrator/Clerk to Planning Commission Cynthia Bakke; Town Attorney Jennifer Madsen

C. APPROVAL OF MINUTES FROM June 26, 2019 It was noted the wrong set of minutes were included in the packet via administrative error. Chair Cornell postponed the approval of the June minutes until the September meeting.

D. PUBLIC COMMENT There was no public comment on non-agenda items.

E. INFORMATION ITEMS 1. Community Development-Planning and Zoning Department Staff report Gerrity said multiple community events were included within the Staff report. The 150th Anniversary of Caribou, celebrating the Town of Caribou and the Caribou Mine took place this month and hundreds of people participated in activities that took place at the library, mining museum and Gillaspie House. Newly updated and beautifully illustrated historic walking tour maps were distributed at the Visitors’ Center. Due to the success of the event, Miners’ Days organizers are interested in revitalizing the event in 2020. There is now a new roof over Community Center and staff will no longer need to use buckets in the multiple purpose room during rainstorms. Financial Audit was completed and posted on the state’s website by the due date of July 31, 2019. The audit is also posted on the Town’s website. Staff took “Left of Bang” training for front-line workers with the public to recognize when a situation or individual may elevate their actions and things that can be done to identify and mitigate the situation. There are more trainings planned in the future. Members of the Nederland Fire Protection District, Nederland Police Department, and Intermountain Alliance also attended the training. Other updates on projects and events are included in the report. Budget Calendar and brief update on planning and building activities for the last month were also

Page 61 of 101 mentioned. The BioSolids project is almost complete and there will be a public open house sometime this fall. Gerrity said a tour of the Waste Water Treatment Plant was offered to Commissioners as requested although no one has shown interest. This is still available for interested Commissioners and the public.

F. ACTION ITEMS Bakke prefaced the Action items by noting all three land use applications are for Special Review Use (SRU) proposals for a type of use that falls either directly (outdoor restaurant patio service) or indirectly (paid parking) under the Commercial Use Groups for ‘Outdoor sales, eating and drinking, or other outdoor commercial activities or establishments’. Each has been properly noticed in the newspaper, with letters sent to neighbors within the 300-foot buffer (as per code), as well as a property notice on the property. Multiple property notices were put up for the 3rd application for paid parking and kiosks by Ron Mitchell. Within the packet’s analysis, there were concerns presented by different departments, along with a section of the analysis for each application that was highlighted as to aspects of the site plan that were not included upon the submitted materials. Bakke indicated the Commission can request to see these aspects [as required] upon the site plan, and any conditions that seem applicable within the SRU Agreement. Any opposition noted from neighbors will be cited during the introduction for the application.

1. Consideration of a Public Hearing and Special Review Use (SRU) Application for an outdoor front porch patio by Kyle Busey of James Peak Smokehouse dba BWJ LLC at 70 E 1st Street Bakke introduced the item. She said the SRU application for an outdoor front porch patio would allow minimal additional seating, amounting to 4 tables: three tables with 2-seats, one table with 4 seats. She noted the additional tables would nominally increase the parking requirements to 3 additional spaces. She noted there was no opposition submitted about the application from residents or internal departments beyond the concern about the porch’s encroachment into the Town’s right-of-way (ROW).

Bakke noted the building was built in 2006, at which time the porch encroached into the ROW, as shown on the Improvement Survey Plat done by Lee Stadele, included within the packet. Town Administrator Gerrity understood there are likely other businesses that encroach and she would like to see any needed encroachment permits come forward formally for any businesses where this would be necessary. In the meantime, the Town would require a letter indemnifying the Town in case there are any accidents or issues that occur within the Town’s technical ROW, especially as the consideration involves eating and drinking.

Commissioner Reis noted the aspects that were missing from the site plan. He asked Bakke if she felt the application was complete. Bakke said the requirements of the site plan are detailed, and in this case, not all are applicable for an existing business with a porch, however as these conditions are required, it is possible to request any missing site plan information in the SRU Agreement.

Kyle Busey, of Nederland, said he is willing to sign a letter of indemnification, in the interim before submission for an encroachment permit. He said the business has complete insurance coverage along with an umbrella policy. Busey stated the project intention would make the restaurant and brewery accessible for all patrons, and the front porch could allow the accommodation of patrons with non-service animals. He said all of the servers and staff are TIPS trained for alcohol service. They would post any required signage, and create an

Page 62 of 101 appropriate barrier or gate to contain the consumption area properly.

Commissioner Perret said they may want to install a gate to enclose the consumption area. He noted it would need to be light enough to be ADA accessible and safe for children. Perret said this would create an effective boundary, and the gate could remain open during business hours with signage noting “no alcohol beyond this point”.

Vice Chair Williams asked Busey’s timeframe. Busey said he is ready to install the gate as soon as he receives Board approval for the front porch patio.

Commissioner Glasser inquired if the porch must be full enclosed by law. Busey said it is not a requirement for liquor consumption area.

Vice Chair Williams asked about the available parking. Busey said there are 12 spaces behind restaurant, 6 spaces in the front, 6 more spaces across the street.

Chair Cornell opened the Public Hearing. There was no public comment submitted. Chair Cornell closed the Public Hearing portion of the meeting.

Commissioner Danforth suggested fire egress be reviewed appropriately and installation of a gate to designate the separation of the consumption area to keep people from walking out into the street. Commissioner Hunt mentioned concern about a required front porch gate creating egress safety issues.

Vice Chairman Williams and Commissioner Herring asked clarifying questions, but noted no other concerns regarding the application. The Commission discussed relevant conditions required for recommendation of approval.

Chair Cornell noted that the improvement location survey shows the property lines. Bakke clarified this document was not submitted by the Applicant. She was given this document by Land Surveyor Lee Stadele when researching the encroachment issue for 1st Street.

Commissioner Reis asked Busey how long the business was serving upon the porch before they knew they needed approval. Busey said it began before his time with the business. Reis said opposition would have been brought forward by now if there was concern from neighbors.

Commissioner Glasser asked if the front porch service will affect the space available for patrons waiting to be seated. Busey stated there is a bench and table inside for this purpose. Additionally, there is a new reservation text message service to alert patrons when tables are ready. He noted this hasn’t been an issue for the business with too many waiting to be seated.

Chair Cornell mentioned concern about inadequate parking. He noted Busey’s reference of multiple spaces across the street is actually on 1st Street and not designated for this business. He noted the business showed 6 diagonal spaces in front of the business, but in reality, there are only 2 parallel parking spaces.

Commissioner Perret suggested the installation of a drink rail to prevent glasses from falling off the porch.

Page 63 of 101

Attorney Madsen wanted to note that the analysis indicates the right to serve alcoholic beverages, although this is approval to serve and for consumption of food and alcoholic beverages upon the front porch, as noted within the SRU Agreement. She wanted to be clear that liquor licensing is not within the scope of the Planning Commission, in case there was any confusion based on the language in the analysis. Gerrity said the State licensing application was approved. Local licensing is pending the approval for use of front porch.

 Indemnification for the Town due to the porch’s encroachment into Town’s ROW; Forthcoming application for encroachment permit  Appropriate signage “No Alcohol Beyond This Point”  Installation of a “bar rail” upon existing porch to keep glassware from falling off porch  Delineation upon a site plan of all required parking for the business  Sufficient, safe exterior downcast porch lighting  Installation of porch gate (if required), with emergency fire egress review to ensure this would not affect safe egress from the building (*If the gate would impede access, it would not be installed.)

Motion to recommend approval of the front porch patio SRU for 70 E 1st Street with the conditions above noted was made by Commissioner Perret, seconded by Commissioner Glasser, with all in favor. (8)

Page 64 of 101 Town Report for BOT Meeting Tuesday, August 27, 2019 7:14 PM

Parking plan: In accordance with the town code, James Peak is able to provide 13 parking spots behind the business. There is also street parking in front of the building which allows for ADA access using the concrete ramp provided. Recently, the dumpsters have been consolidated and the dumpster area cleaned up, which allows for us to accommodate an additional 2 spaces. The picture below shows the approximate sizing of the spaces and includes the new areas where the dumpsters were moved.

Page 65 of 101

Confirmation or a plan on having the Fire Protection District review and approve egress situation from the porch: I have the follow up fire inspection scheduled for this Friday or Monday with Mr. Henrickson. We can discuss the optional gate and egress situation at this time. We will also discuss possible usage of a gate in accordance with ADA standards.

Gate design which is optional although recommended by PC: The pictures below show where the optional gate would be installed, as well as a design by John Dennis of Classic Metals who will fabricate the gate if it is necessary. This gate is not required by Boulder County Liquor enforcement, and is still up to review by the Fire Inspector to make sure it is feasible.

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Back drop design of porch railing to ensure that beverages don’t fall off the ledge I am going to add a six inch lip to the outside of the railing. Even though the porch will mainly be used for sit down dining, this will allow people to rest drinks on here with a minimized chance of the glasses falling into the street. I can send over a design of this shortly, although it will be very simple and match the current railing in color and appearance. See pictures below for a model of how the ledge will work. This is not a permanent fixture yet, but can be upon approval.

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Confirmation of signage including “No Alcohol Beyond this Point: I have three signs ready to install. I was told by the previous Town Clerk that I needed to take them down previously, but they are ready to be reinstalled as soon as possible. Below is a picture of 2 of the 3 signs that will be installed as soon as approval is granted. All of our servers are also TIPS trained which means they are trained in responsible alcohol service.

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Lighting plan: In addition to the recessed lighting that is already in place, we will be installing overhead string lights that will match the back porch lighting scheme. This will ensure that the lighting is focused down under the celling and will allow our patrons to safely dine in the area without disturbing the neighboring business or impeding the night sky context. These bulbs will be warm LED bulbs and will be energy efficient and not obnoxious to our neighbors.

Thank you for your time and consideration with this proposal. Please let me know what other information is needed Thank you!

Page 69 of 101 AGENDA INFORMATION MEMORANDUM NEDERLAND BOARD OF TRUSTEES

Meeting Date: September 3, 2019 Prepared By: Karen Gerrity, Town Administrator prepared on behalf of the Board of Trustees

Consent ☐ Information ☐ Action ☐ Discussion ☒ ______COMPREHENSIVE DEVELOPMENT INTERGOVERNMENTAL AGREEMENT BETWEEN BOULDER COUNTY AND TOWN

SUMMARY:

The Board of Trustees (BOT) will discuss next steps in the potential revisions to the Comprehensive Development IGA between the Town and the County.

Authority for Annexation Approvals

Items for consideration include the discussion item Authority for Annexation Approvals. An outstanding question remains as to whether the BOT would be final authority or if annexations should be put to a Town vote. At the August 6 BOT meeting, staff were given direction to work with the mayor to craft and present hybrid options to address this concern.

Potential ways to structure annexation approvals include the following DRAFT changes to the IGA:

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.

Annexation Approval Options (Choose One)

3.1.1.1 In addition to all applicable state and local laws governing annexation, annexation of any parcel of greater than three (3) acres shall be subject to approval by the registered electors of the Town of Nederland in the next regularly scheduled municipal election.

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3.1.1.1 In addition to all applicable state and local laws governing annexation, annexation of any parcel consisting of more than three (3) dwelling units shall be subject to approval by the registered electors of the Town of Nederland in the next regularly scheduled municipal election.

3.1.1.1 In addition to all applicable state and local laws governing annexation, the Board of Trustees may refer annexation of any parcel to approval by the registered electors of the Town of Nederland at the next available municipal election.

Water and Waste Water Capacity

The BOT will also discuss the current utilities capacity and its impact on revisions to the IGA. The Town’s engineers of record, JVA, conducted a Water and Waste Water Capacity evaluation in 2018 as part of an impact study for the BCHA Tungsten Village project.

The findings indicate that the increase to the Water Treatment Facility will result in an expected influent adjustment from 35 percent of the rated capacity to roughly 39 percent of the rated capacity. The report further states that the current system is well suited to provide the additional water demand.

The waste water treatment facility currently averages approximately 53 percent of the rated capacity. During high use months of April through July the WWTF averages 67 percent of the rated capacity. The development will result in a 7 percent contribution increasing the estimated influent to roughly 60 percent of the rated capacity overall and to approximately 73 percent during high use months.

There are currently 835 users on the water system and 605 users on the waste water system. If the water system will be at approximately 40% capacity after Tungsten Village is added, then logic indicates that the Town could add up to an additional 835 users to reach the 80% capacity which triggers a need for an expansion plan as required by the state. If the waste water system will be at 60% capacity overall after the addition of Tungsten Village, then logic indicates that the Town could add about another 250 units to reach 80% capacity.

Revised Versions of the IGA and Map Documents

Staff received two requests from property owners asking to be added to as primary planning areas (PPA). One parcel, 334 Caribou Road, is contiguous with the Town border. The other parcel, 545 Caribou Road, is not. At the August 6, 2019 meeting, the BOT directed staff to add the contiguous parcel, 334 Caribou Road to the

Page 71 of 101 DRAFT IGA and Map as a PPA. Both revised documents are attached to this memo.

Revised versions of the IGA and Map documents include the following changes:

 Revised language for PPA#2 to reflect revised footprint (334 Caribou Road only)  Incorporate the Nederland Planning Commission recommendations to apply 1.2.2 wildlife restrictions to all areas, include clearer language regarding water and sewer utilities being the responsibility of developers – stating that it is not guaranteed and based on the capacity of the systems at the time of development  Updated PPA map that show revised version of PPA#2 (334 Caribou Road only)

In addition to the changes noted above, the attached version of the IGA document reflects two additional minor clarifying edits:

 Section 1.3 – “NPA” is changed to “PPA” to match the intent of this content. The intent is for the area outside the Primary Planning Area (PPA, or area eligible for annexation) to serve as a community buffer within the broader Nederland Planning Area (NPA).  Section 7.1 – We received a public comment from Dave Hallock asking for clarification on use of the term “Service Area” in section 7.1. Use of the term there is very specific to 1041 applicability, which is addressed in Article 8 of the Boulder County Land Use Code. Therefore, we changed the language to clarify that. [“Service Area” is typically used to refer just to areas eligible to receive urban services, like the PPA.]

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.

Page 72 of 101 Town staff, Boulder County Land Use staff, the Boulder County Commissioners, and the BOT have spent the past 2 years discussing the potential revisions to the IGA. Background information, documents and maps, status, a list of public meetings and public comments can be found here: https://www.bouldercounty.org/property-and-land/land- use/planning/intergovernmental-agreements-iga/iga-19-0001/

Public Meetings and Community Forums have been taking place in Nederland since fall of 2017 allowing a community conversation to unfold.

Proposed revisions to the IGA include changes to streamline the annexation procedure, 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 initiated by the property owner.

The draft reflects an expiration date of 2032, 10 years from the current 2022 expiration date.

QUESTION BEFORE THE BOARD:

How do you want to proceed with this process to revise the IGA?

ATTACHMENTS:

 Redlined DRAFT IGA  Clean version of DRAFT IGA  DRAFT MAPS

Page 73 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting

NEDERLAND AREA 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 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 orderly development within a newly defined Nederland Planning Area (the

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Page 74 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting

“NPA”). The NPA contains a Primary Planning Area (“PPA”) where annexation and development may occur in accordance with the provisions of this IGA. The areas of the NPA 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 factors, natural resources, and natural hazards 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. The Parties through this IGA intend 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, limit impacts on wildlife, minimize risks related to wildfire and natural hazards, 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.

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Page 75 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting

1.2.1 Affordable Housing. The Town and County will seek ways to implement its land use and development regulations in a manner that reflects the community values of diverse housing choice and affordability.

1.2.2 Wildlife. Primary Planning Areas 3, 4 and 5 (see Section 1.2.4) are located within a Wildlife Migration Corridor that is designated in the Environmental Resources Element of the BCCP. Furthermore, the cumulative impacts of potential future development on wildlife movement in the Nederland area as a whole is of high importance and scientific data must be used to guide decision making. As such, the cumulative impacts of development on wildlife movement in this area is of high importance. Therefore, within one year of the effective date of this IGA, a third-party independent study will be conducted that identifies the current, known migration patterns of the elk herd active in this area and makes recommendations for implementing development in a manner that minimizes the impact to wildlife that utilize the migration corridor. Any development in the PPAs 3, 4, 5 must be compatible with the recommendations included in the report of study findings. The study should also consider potential trail development on adjacent lands in its recommendations and seek input from Colorado Parks and Wildlife and the U.S. Forest Service.

1.2.3 Natural Hazards. Upon annexation and review of any development proposals the Town will consider and seek to limit and mitigate risks related to natural hazards, with a particular emphasis on minimizing risk related to wildfire given the community’s location and proximity to heavily forested land.

1.2.4 Parcel-Specific Provisions. The language within this Section 1.2.4 reflects the Parties’ understanding that it is appropriate to consider annexation of developed parcels adjacent to the current municipal boundary. The Town’s water and sewer infrastructure may haves the capacity to accommodate additional service area, and connection to the Town’s services would benefit water quality. However, tThe Town’s capacity has a limited capacity forto provideing infrastructural support to annexations is limited. As a result of the limited capacity, development within the PPAs is not guaranteed and is dependent on the capacity of the systems at the time of application/annexation/development. and it is critical that dDevelopments will adhere to Town annexation policies and pay their own way regarding when seeking to interconnect with the Town’s water, sewer, road improvements, and other services.

Recognizing the Town’s long-held interest in maintaining its unique character, and that additional development would have impacts on wildlife, transportation, and the environment, this IGA allows for very limited expansion and additional intensity of use of areas eligible for annexation, identified as Primary Planning Area in Exhibit B. The Parties’ intent is to generally restrict additional residential density beyond that which is currently allowed under county jurisdiction, with the exception of Area 3(a).

Proposed development on any of the parcels included in the PPA must be compatible with the recommendations resulting from the wildlife study referenced in 1.2.2.

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Page 76 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting

1.2.4.1 Area 1. Lots 1 through 5 of Caribou Ranch-Sherwood Gulch may be annexed subject to the deed restrictions recorded on May 29, 2013 in the real property records of the Boulder County Clerk and Recorder at Reception Nos. 3315352, 3315353, 3315354, 3315355, 3315356 respectively.

1.2.4.2 Area 2. Area 2 is composed primarily of a developed single-family parcels in a County-approved subdivisions. The surrounding area It contains single-family development inis forested areas with some steep slopes. The area is very susceptible to wildfire and has limited access. The Town has indicated it may havehas capacity in its water and sewer systems to serve some of the existing development if properties in Area 2this property if it were annexed. Providing services may benefit water quality and protect wildfire. The County and Town agree that Area 2 is eligible for the Town to annex.

1.2.4.3 Area 3(a) (“Eldora Road Parcel Southeast”). The parcel contains a number of development constraints that must be addressed at the time of annexation. Consistent with previous development proposals, this parcel shall only be annexed for the purpose of multi-unit housing to address the community’s need for more diverse and affordable housing options. As a result, annexing this parcel 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) Prior to annexation, the property owner must agree to deed restrict at least 50 percent of the total number of units to be permanently affordable, with those units serving a variety of income levels, consistent with the goals outlined in the Regional Housing Strategy “Expanding Access to Diverse Housing for our Community” completed in December, 2017.

In addition, special consideration will be given to areas of the property with high landslide susceptibility based on County mapping, and any proposed development must be referred to the Colorado Geological Survey. A, and s with any PPA parcel development must be compatible with the recommendations resulting from the wildlife study referenced in 1.2.2. Prior to any development on the parcel, the Comment [WN1]: Leaving this here even though following plans for the site must be established with input from the County: it’s called out in the lead-in language to 1.2.4. It makes sense to call it out again here since this wildfire mitigation, safe routes to school, access location and improvements to section lists out several other requirements for this address issues such as visibility and sight lines, and a plan for how impacts to elk parcel. migration will be minimized.

1.2.4.4 Area 3(b) (“Eldora Road Parcel, Northeast”). The Town has capacity in its water and sewer systems to serve existing development if the “Eldora Road Parcel, Northeast” was annexed. Providing services would benefit water quality. Therefore, the County and Town agree that the parcel is eligible for the Town to annex. Any additional development on the property should be designed with a goal to add to the community’s diversity of housing types.

1.2.4.5 Area 3(c) (“Water Utility Parcel”). The County and Town agree that the parcel is eligible for the Town to annex.

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Page 77 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting

1.2.4.6 Area 3(d) (the “Nederland High School Parcel”). The Nederland High School Parcel is eligible for the Town to annex.

1.2.4.7 Areas 4 & 5. The County requests that any development in these areas be completed in a manner that is sensitive to natural resources and habitat, and does not conflict with the County’s trail network. In recognition of potential cumulative Comment [WN2]: This is now called out in the impacts on elk migration in the Nederland area, any development on these parcels lead-in language to 1.2.4. so not necessary to call it out again here. must be compatible with the recommendations resulting from the wildlife study referenced in 1.2.2.

1.2.4.8 Areas 6 & 7. The Town has capacity in its water and sewer systems to serve existing development if these parcels were annexed. Providing services would benefit water quality. Therefore, the County and Town agree that the parcels are eligible for the Town to annex. Any additional development on the properties should be designed with a goal to add to the community’s diversity of housing types.

1.3 Maintaining Community Buffer. This IGA is intended to keep the RPA and the land outside the PNPA rural in character to preserve a community buffer. Comment [WN3]: It seems the appropriate reference here is to PPA, not NPA. The NPA is the very large area that = PPA + RPA (rural preservation 1.4 Protecting View Corridors, Watersheds and Allowing Only Compatible Development in the area). 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.

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 Maps attached hereto as Exhibits A and B, 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. Exhibit A and B identify, designate and define the land to be known as the NPA, which consists of the Primary Planning Area (the “PPA”) and the Rural Preservation Area (the ”RPA”).

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Page 78 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting

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.

3.1.2 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.

3.1.3 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.

3.1.4 The Town agrees that in establishing the boundaries of any area proposed to be annexed, any portion of a platted street that is within, or directly adjacent to, the area to be annexed, the entire width of said street or alley shall be included within, or directly adjacent to, the area annexed.

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

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Page 79 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting 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 Exhibits A and B 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 development right sending sites without the approval of the Town.

6.0 COMMUNITY BUFFER. The County agrees not to process any zoning map amendments other than a change to Mountain Institutional that would allow more intensive zoning designation 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 determining applicability purposes, including but not limited toof 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.

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.

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Page 80 of 101 Boulder County DRAFT Revised Nederland Comprehensive Development Plan IGA August 26, 2019 – Prepared for September 3, 2019 Nederland Board of Trustees Meeting

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 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.

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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.

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.

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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 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.

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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.

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:

______

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APPROVED AS TO FORM:

______

COUNTY OF BOULDER: BOARD OF COUNTY COMMISSIONERS

By:______Elise Jones, Chair

Date:______, 2019

ATTEST:

______

APPROVED AS TO FORM:

______

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NEDERLAND AREA COMPREHENSIVE DEVELOPMENT PLAN INTERGOVERNMENTAL AGREEMENT

RECITALS

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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.

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1.2.2 Wildlife. Primary Planning Areas 3, 4 and 5 (see Section 1.2.4) are located within a Wildlife Migration Corridor that is designated in the Environmental Resources Element of the BCCP. Furthermore, the cumulative impacts of potential future development on wildlife movement in the Nederland area as a whole is of high importance and scientific data must be used to guide decision making. Therefore, within one year of the effective date of this IGA, a third-party independent study will be conducted that identifies the current, known migration patterns of the elk herd active in this area and makes recommendations for implementing development in a manner that minimizes the impact to wildlife that utilize the migration corridor. Any development in the PPAs must be compatible with the recommendations included in the report of study findings. The study should also consider potential trail development on adjacent lands in its recommendations and seek input from Colorado Parks and Wildlife and the U.S. Forest Service.

1.2.4 Parcel-Specific Provisions. The language within this Section 1.2.4 reflects the Parties’ understanding that it is appropriate to consider annexation of developed parcels adjacent to the current municipal boundary. The Town’s water and sewer infrastructure may have the capacity to accommodate additional service area, and connection to the Town’s services would benefit water quality. However, the Town’s capacity to provide infrastructural support to annexations is limited. As a result of the limited capacity, development within the PPAs is not guaranteed and is dependent on the capacity of the systems at the time of application/annexation/development. Developments will adhere to Town annexation policies and pay their own way when seeking to interconnect with the Town’s water, sewer, road , and other services.

Proposed development on any of the parcels included in the PPA must be compatible with the recommendations resulting from the wildlife study referenced in 1.2.2.

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1.2.4.2 Area 2. Area 2 is composed of a developed single-family parcel in a County-approved subdivision. The surrounding area is forested with some steep slopes. The area is very susceptible to wildfire. The Town has indicated it may have capacity in its water and sewer systems to serve this property if it were annexed. Providing services may benefit water quality and protect wildfire. The County and Town agree that Area 2 is eligible for the Town to annex.

In addition, special consideration will be given to areas of the property with high landslide susceptibility based on County mapping, and any proposed development must be referred to the Colorado Geological Survey. As with any PPA parcel development must be compatible with the recommendations resulting from the wildlife study referenced in 1.2.2. Prior to any development on the parcel, the following plans for the site must be established with input from the County: wildfire mitigation, safe routes to school, access location and improvements to address issues such as visibility and sight lines, and a plan for how impacts to elk migration will be minimized.

1.2.4.5 Area 3(c) (“Water Utility Parcel”). The County and Town agree that the parcel is eligible for the Town to annex.

1.2.4.6 Area 3(d) (the “Nederland High School Parcel”). The Nederland High School Parcel is eligible for the Town to annex.

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1.3 Maintaining Community Buffer. This IGA is intended to keep the RPA and the land outside the PPA 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.

2.0 NEDERLAND COMPREHENSIVE DEVELOPMENT PLAN (IGA Plan).

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.

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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.

4.0 EXPANSION OF THE NPA

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.

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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 determining applicabilityof 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.

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.

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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:

10.0 PARTNERSHIPS.

10.1.1 Collaborating to design, fund and construct regional trails that connect Nederland to Boulder County open space and other municipalities;

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improve bus service between the Town, its neighboring communities, and Boulder County destinations and to reduce emissions;