TOWN OF NEDERLAND BOARD OF TRUSTEES REGULAR BUSINESS MEETING

NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 February 4, 2014, 7:00 P.M. AGENDA

A. CALL TO ORDER

B. ROLL CALL

C. CONSENT AGENDA

• Approval of February 4, 2014 Accounts Payable, Schedule A.

• Approval of February 4, 2014 Accounts Payable, Schedule B.

• Approval of January 21, 2013 Regular Meeting Minutes.

D. CONTINUED BUSINESS • Consideration of Facility Use Agreement with NedCompost for use of BioFuels

building for indoor composting operation.

E. PUBLIC COMMENT ON NON-AGENDA ITEMS (Speakers limited to 3 minutes)

F. INFORMATIONAL ITEMS

• Election Calendar

G. ACTION ITEMS 1. Consideration of Special Review Use application for motor vehicle use at 250 N.

Caribou.

2. Acceptance of Bid for Inflow and Infiltration (I&I) Flood Work.

3. Consideration of annexation petition and Resolution 2014-02 to initiate annexation proceedings, including setting a public hearing, related to the Aspen Trails Annexation.

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4. Consideration of Ordinance 727 to amend Ordinance 720 regarding limits on marijuana sold to out-of-state residents.

5. Consideration of Ordinance 728 to refer to the ballot a question regarding compensation for Mayor and Trustees.

6. Consideration of Ordinance 729 authorizing the Town Clerk to cancel an election, in accordance with CRS 31-15-507, and requiring an affidavit of intent for write-in candidates.

7. Consideration of a grant request in support of noxious weed control.

H. DISCUSSION ITEMS

I. OTHER BUSINESS

J. 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. 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.

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TOWN OF NEDERLANDWARRANTS FOR 02/04/14

Date NumberVENDOR AMOUNT DESCRIPTION

24-Jan 28215 Xcel Energy 10,832.42$ monthly electric/gas service for Town facilities

24-Jan 28217 Top Coverage Roofing 3,700.00$ partial payment for new Visitor Center Roof (paid via TARP)

24-Jan 28218 CMCA 68.00$ election training for Clerk's office

24-Jan 28219 Indian Peaks Electric 1,839.50$ $897 for Rollinsville Rehab/$942.50 CC renovations

29-Jan 28221 Accounting Specialist 150.00$ preparation and issuance of 1099s

29-Jan 28222 Accurate Payroll Solutions 200.00$ monthly payroll service and preparation and issuance of W2s

29-Jan 28223 Indian Peaks Ace Hardware 916.44$ minor parts and equipment

29-Jan 28224 Acme Septic 375.00$ sludge hauling for waste water plant

29-Jan 28226 B&F 49.70$ minor supplies

29-Jan 28227 Brekke Storage 240.00$ Flood: storage of weights for Community Center

29-Jan 28228 Canon Solutions 178.89$ quarterly maintenance for Town Hall copier

29-Jan 28229 Canon Financial 148.00$ monthly lease on Town Hall copier

29-Jan 28230 Charles Johnson 245.00$ Flood: handyman to reassemble the weights

29-Jan 28231 Civic Results 114.78$ annual dues for mayor's caucus

29-Jan 28232 Colorado Analytical Lab 46.00$ lab tests for water/sewer

29-Jan 28233 Colorado Code Publishing 4,828.00$ semi-annual code update for municipal code book

29-Jan 28234 Colorado Rural Water Assoc. 325.00$ annual dues for water

29-Jan 28235 Commerce Bank 3,580.45$ lease payment on PD vehicle ($903) and front loader ($2,685)

29-Jan 28236 Dean Plath 300.00$ Flood: lubrication and maintenance of weights

29-Jan 28237 DPC Industries 3,000.68$ chemicals for water/sewer

29-Jan 28238 East Street Garage 623.66$ minor repairs on vehicles for police department

29-Jan 28239 Green Girl Recycling 125.00$ monthly recycling service

29-Jan 28240 Hach Company 1,443.32$ minor equipment for water/sewer

29-Jan 28241 Hi Country 300.00$ reworking phone system for employee move at Town Hall

29-Jan 28242 D&R Sales 1,828.36$ uniform costs for public works employees

29-Jan 28244 JVA 19,199.72$ engineering work related to MIP and flood work on I&I

29-Jan 28245 MFCP 60.56$ minor parts for public works

29-Jan 28246 Mountain Service & Repair 240.90$ minor repairs on vehicles for public works

29-Jan 28247 Municipal Treatment Equip 270.00$ minor equipment for water/sewer

29-Jan 28248 Napa Auto Parts 519.06$ minor parts for public works

29-Jan 28250 NedCompost 8.00$ composting service for Town Hall

29-Jan 28251 Quality Pipe Service 2,590.00$ Flood: scoping work related to I&I

29-Jan 28252 Ramey Environmental Comp 1,252.02$ monthly testing services and training on testing techniques

29-Jan 28253 Robin Ames 165.00$ painting office for new police chief

29-Jan 28254 Ryan Marvelli 300.00$ Flood: lubrication and maintenance of weights

29-Jan 28255 Safe Systems 103.26$ quarterly fee for Alarm monitoring for Community Center

29-Jan 28256 Safebuilt 1,313.51$ monthly plan review and permitting services

29-Jan 28257 The Moving Connection 958.25$ Flood: movers for weights

29-Jan 28258 Timberline Mechanical 267.00$ investigation of leaks/changing phone number for sensophone

29-Jan 28259 TZA Water Engineers 915.00$ engineering costs related to augmentation of water rights

29-Jan 28260 USA Bluebook 623.91$ minor parts and equipment for water and sewer

29-Jan 28261 Vranesh & Raisch 1,995.00$ legal costs related to augmentation of water rights

29-Jan 28262 Wagner Equipment 161.95$ minor parts for public works

29-Jan 28263 Weifield Group 292.50$ consulting on electrical overloads being experienced at water plant

29-Jan Auto Mutual of Omaha Credit Card 4,597.14$ see detail below1-Feb 28264 Caribou Mercantile 800.00$ monthly rent for police department

1-Feb 28265 CEBT 9,838.84$ monthly health insurance premiums

SCHEDULE A

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WARRANTS FOR 02/04/14

Date NumberVENDOR AMOUNT DESCRIPTIONSCHEDULE A

Total Non Payroll Warrants 81,929.82$

29-Jan 28225 Alpenet 2,469.28$ new computer for new hire/monthly IT services and updates

Mutual of Omaha DetailCCCMA 75.00 annual membership

The Deli 45.54 employee reviews

Best Western 934.88 lodging for police chief candidates

First Street 100.00 employee reviews

Saltos 18.30 employee reviews

Wild Mountain 132.04 BOT meetings

BC Supply 523.72 janitorial supplies

Amazon 73.98 office supplies

Airplane Tickets 303.19 STAR program travel

Xemico 99.00 software for Community Center

Amazon 97.29 software for Town Hall

Kwik Mart 14.03 fuel (BC Depot out of service)

Colorado LTAP 100.00 CDOT Training

The Deli 43.92 food for Public works employees

Steel Toe Shoes 139.99 uniform

First Street 58.46 food for Public works employees

Boulder County 490.54 recording of ordinances

Kwik Mart 30.00 fuel (BC Depot out of service)

Burkert Fluid 321.00 minor equipment

OCPO 35.00 operator certification

Kathmandu 25.61 food for operators

Bio Green Clean 279.84 biodegradable cleaning product for water and sewer plants

Mountain Man 88.00 uniform costs

Smoker Friendly 372.56 fuel (BC Depot out of service)

Dellenback Motors 195.25 minor parts for Silverado

4,597.14

3,425.92 General Fund

638.11 Water Fund

503.11 Sewer Fund

30.00 Com Center Fund

SCHEDULE B

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Town of Nederland Board of Trustees

Regular Meeting Minutes January 21, 2014 7:00 PM

Nederland Community Center

750 Hwy 72 Nederland, CO 80466 _____________________________________________________________________________ A. CALL TO ORDER Meeting convened at 7:05 PM.

B. ROLL CALL Present: Mayor Joe Gierlach, Trustees Peter Fiori, Chris Perret, Ledge Long, Annette Croughwell, and Mayor Pro Tem Mueller. Absent: Trustee Randy Lee. Also present: Alisha Reis, Town Administrator, Eva Forberger, Town Treasurer, and Michele Martin, Town Clerk.

C. CONSENT AGENDA

• Approval of January 21, 2014 Accounts Payable, Schedule A.

• Approval of January 21, 2014 Accounts Payable, Schedule B.

• Approval of December 10, 2013 Special Meeting Minutes.

• Approval of January 7, 2014 Regular Meeting Minutes.

• Approval of grant MOU with Boulder County re: FEMA mitigation funds for Mud Lake mitigation.

Motion to pull the grant MOU from the consent agenda was made by Trustee Perret, with no second the motion died. Perret had a question in regards to only $60,000 of the FEMA hazard

mitigation grant funds being allocated to Nederland. Reis introduced Scott Golden, Forestry

Specialist with Boulder County Parks and Open Space. Golden explained the whole

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mitigation project for the grant money received from FEMA, and that it was not just for Mud Lake. The County has multiple partners including the City of Boulder and

Boulder Valley School District. The $60,000 is to cover the portion that Nederland owns. Trustee Fiori asked if the mitigation would be similar to what took place on West Magnolia. Golden said the openings would not be quite as large as those. He said Mud Lake would be a selective cut as opposed to clear cut. Reis announced that Boulder County representatives will host a community meeting to

present and discuss information related to the mitigation of fire fuels (trees, etc.) at Mud Lake

Open Space. The event will be held at the Community Center on January 29 from 7:00-8:30 PM.

Mayor Pro Tem Mueller had a follow up question to the Water/Wastewater Plant memo that had been distributed to the Board. He requested completion dates for those items. He also requested that the Standard Operating Procedures be provided to the plant employees as a learning tool. Reis responded that she would provide an email with the completion dates for those items. Reis said that the Town does have the Standard Operating Procedures and is planning to put together some training for the plant operators to go through everything now that they have had several months of operation. Staff will formulate questions after the training to present to Frachetti. Motion to approve the Consent Agenda, Schedules A and B, meeting minutes from December 10, 2013 and January 7, 2014, and the grant MOU with Boulder County was made by Trustee Fiori, seconded by Trustee Long and passed unanimously.

D. STAFF REPORTS 1. Alisha Reis, Town Administrator

Reis consolidated all of the reports to provide a general update as there was a long agenda ahead of the Board. Reis briefly mentioned the flood recovery process, series of pipe repairs at the plant, the upcoming election on April 1, and Safebuilt’s report which showed building up 25% for 2013 due to all the new starts. There were no questions on any of the reports that were all included in the packet.

2. Michele Martin, Town Clerk 3. Eva Forberger, Town Treasurer

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4. Jason Morrison, Public Works Manager 5. Sgt. Larry Johns, Interim Police Chief 6. Dawn Baumhover, Community Center Coordinator 7. Chad Johnson, SAFEbuilt Building Official

E. BOARD OF TRUSTEES REPORTS 1. Mayor Joe Gierlach

The Mayor’s report was included in the packet and served as an avenue to allow Xcel to provide a short presentation and then meet in the hallway to answer questions the public may have.

• Xcel presentation re: progress on service improvements. Craig Eicher, Area Manager, introduced the presentation on what the company is prepared and able to do for customers. Rob Osborn, Community Relations Director, was present with the full authority of the President and CEO of Xcel to discuss specific issues. Osborne apologized for what the public has suffered and discussed a rebate program. He said the top level of the company has acknowledged they have not done their best and will try to make it right with the community. He commented on some options to help local businesses who lost tax dollars, such as assistance through potential marketing. David “Red” Clark, Manager of Electric Operations in the Boulder Region, was back to update the Board on the project. He said the majority of the downtown area has been cut over to the new wires, the old wires were taken down and the new wires are currently serving the community. He said there is secondary work that needs to be scheduled with individual homeowners and arrangements are being made. Clark said the large switching station on Hurricane Hill was de-energized today. He went on to say that five additional crews and his crews have been up here every day, including the weekends, to try to mitigate any problems. Tommy Gallegos, Customer Advocate, spoke in regards to Xcel’s Quality Service Plan and rebate program, which consists of a $50 credit given to all customers who experienced five outages or more for five minutes or longer. He said that Xcel keeps track of all the outages and plans to provide that information to the Public Utilities Commission on April 1, once approved then Xcel will provide that credit on utility bills in July. Osborn said this affects approximately 900-1,100 customers.

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Adrienne Grandjean, Senior Investigator, explained the claims process. She said a Claim Application is required for any loss or damage due to these outages, along with some sort of dollar amount documentation, and they will take replacement receipts to serve that purpose. She said the process typically takes 30-90 days to process, but that Xcel has specifically dedicated resources to expedite Nederland’s claims. Eicher apologized for the need for the Claims Application, but reminded the public that Xcel is a regulated company and these forms are required. Fiori also asked if these outages were from the Eldora upgrade and Xcel’s response was no. Trustee Fiori asked if someone accepts the $50 if that releases Xcel’s liability. Osborn replied no, that this is purely a credit as failure to meet their service obligations as per the Public Utilities Commission. Mayor Gierlach inquired as to how many people have filed claims and when they can expect power to become stable again. Xcel responded that three people have filed claims to date and they expect by the end of next week stability will resume. Trustee Croughwell asked if there was a deadline for claims. Grandjean replied there is a two year deadline from the date damage was discovered. Reis mentioned that the Mayor’s Report was posted on the Town website.

2. Trustee Peter Fiori Sustainability Advisory Board (SAB) met last week to discuss goals, change their meeting dates to the 4th Thursday of every month, and determined they would like to stay a seven member board, yet have an alternate board member. There are currently two vacancies.

3. Trustee Chris Perret Downtown Development Authority (DDA) met and Conor Merrigan’s review is in the Board’s packet. They also discussed the secretary’s job description.

4. Trustee Annette Croughwell The Board of Zoning Adjustment (BZA) met on January 9 to reappoint members. There were no agenda items.

5. Mayor Pro Tem Mueller

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Planning Commission (PC) meets tomorrow night to review a Special Review Use application, if approved; it will be scheduled before the Board on February 4.

6. Trustee Ledge Long

A Community Center Foundation Board (CCFB) report was handed out to the Board providing their recent activities. Trustee Long wanted to mention that Dale Porter, Chair of the CCFB, plans to withdraw from the board as soon as a replacement is found. Long also invited the public to attend the Art at the Center on February 6 featuring non-digital art by local and area artists.

F. PUBLIC COMMENT OF NON-AGENDA ITEMS Ron Mitchell, of Nederland, conducted an informal traffic study last summer in regards to motorcycle parking on his property between 35 and 75 East First Street. He said it yielded promising results, and he would like to work with the Town on a more structured study this summer and is looking for guidance on what the process should be. Peggy Taylor, of greater Nederland, thanked the Board for their amazing support and expertise in regards to the request for a well waiver for 33 Stinky Gulch. Kathleen Chippi, of greater Nederland, said she was disturbed to read the current edition of Boulder Magazine, and read the Mayor’s quote in regards to an illegal medical marijuana industry. She then brought up a map that she is looking for more information on and said she feels this is an attack on the medical marijuana industry. Mayor Gierlach pointed out the magazine's first amendment rights for free speech, adding that in the past, his comments have been twisted and misquoted by many journalists in different newspapers and magazines in the Denver and Boulder areas, and cited examples. The Mayor went on to explain that neither he, nor Town Staff, have control over the editorial content of their free speech. Ken MacFerrin, of Nederland, quoted from Xcel’s website in regards to recognizing that energy is fundamental to the quality of people lives and the economic health of our communities. He went on to say that Xcel has failed to deliver that fundamental energy for the past six months, and then showed up tonight with a $50 regulated, mandated reimbursement and a claim form. He said if the government and Board of Trustees let Xcel off with this offering then we fail to be an effective customer. He said that Eldora gets the better south feeder line because they are an important customer, and because they know how to effectively negotiate with Xcel.

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MacFerrin asked the Board to make this a central priority as the citizens of this Town have suffered greatly. He asked for the Board’s integrity and resolve to see this through. G. INFORMATIONAL ITEMS

1. BOT Goals Update. Reis included the Board’s progress report in the packet. Mayor Pro Tem Mueller had a question on funding in regards to commissioning and optimizing the Wastewater Treatment Plant. Reis responded that the funds have been anticipated to come from the utility fund, but this can be discussed further once the direction and RFPs have been received. Mueller also had a question on the maintenance of existing trails. Reis said the Board should be seeing a Trails Maintenance policy from the Parks, Recreation and Open Space Advisory Board (PROSAB) shortly. Reis commented on the City of Boulder’s trail on the north side of the reservoir and the need to partner with the City of Boulder for its maintenance. She said they are looking for solutions and mentioned that perhaps there are some volunteer groups that could use this as a project. Mueller asked about the plan for the ball field, and Reis responded that this space will ultimately be part of the Gateway Park plan, which is still to be discussed. Until that time, the Town plans to maintain it as it has always been maintained and prior to the season starting, staff will inspect it to determine if replacement of the ball field equipment is prudent.

2. Request for Proposal for Inflow and Infiltration (I & I) Flood Work. Reis said this was approximately $300,000 worth of flood repair work on the Town’s sewer lines. This is grant funding through FEMA reimbursement with some matching from the Town. JVA, engineering firm assisting with the Master Infrastructure Plan (MIP), has prepared the Request for Proposal (RFP). A pre-bid meeting is scheduled for January 27. This is project is scheduled to be completed by the end of February as it is a minimally invasive project without the need to dig massive trenches. Mayor Pro Tem Mueller brought up the Environmentally Preferred Practices Resolution and asked that all RFPs contain this standard language. Reis confirmed that will become the practice.

3. Update regarding request for well waiver for 33 Stinky Gulch Road. Reis provided an update from the Town Attorney who determined that the cited requirements do not pertain to this property, given it is outside the 200 feet that triggers the need to connect

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to water service. The well waiver is not necessary, the matter has been retracted, and the applicant may apply directly to the State for their permit. Reis suggested that the code language be further discussed and amended in the future to more accurately reflect the policy direction of the Board. Reis did get numbers from the MIP on the water service loop from Ridge Road to Stinky Gulch, and the larger route of 5,800 linear feet would cost approximately $754,000 and will forward that information to the Board. Mayor Pro Tem Mueller asked if staff could still follow-up with neighbors to let them know this recent development, and Trustee Fiori asked to have State contact information in case they would like to object. Reis agreed. H. ACTION ITEMS

1. Consideration of an application for O Limited (The Canary’s Song) for a retail marijuana store at 1 West First Street.

Mayor Gierlach read a statement to convene and hold a public hearing as the Nederland Local

Licensing Authority on an application for a new Retail Marijuana Store Business License,

submitted by O Limited, d/b/a The Canary’s Song, for the premises with a street address of 1

West Frist Street, Unit 1D within the Town of Nederland. In accordance with Nederland

Municipal Code Section 6-277(3), the Town Board of Trustees serves as the Local Licensing

Authority for a Retail Marijuana Store.

Town Clerk Martin presented the application to the Authority, stating that the application was deemed complete on December 9, at which time the 45 day clock started in order to hold the public hearing, the public notice had been properly posted and published, all requirements of Ordinance 720 and 721 were met and the applicant was in good standing. Martin recommended conditions as part of the retail license as they were presented in the packet. Ryan Anderson, of The Canary’s Song, was sworn in to provide testimony. Anderson spoke of the advantages this approval will bring to the Town. There were no Board questions. There were no parties of interest from the neighborhood or public comment. The Local Licensing Authority were unanimous in their satisfaction as to how the application

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was processed and thanked the applicant for stepping up to be the first in Nederland and in Boulder County to receive their retail license. Appreciation was also given to the Task Force for their part in all of this. Motion to approve the retail marijuana store application for O Limited d/b/a The Canary’s Song was made by Trustee Fiori, seconded by Trustee Perret and passed with a vote of 6-0, noting that Trustee Lee was absent. The Mayor called a brief recess, and the Board of Trustees reconvened at 8:32 PM.

2. Consideration of approval of Final Design for the NedPeds pathway project. Reis introduced the item for the pedestrian and storm water improvement project known as NedPeds. Project Manager Conor Merrigan, of C2 Sustainability, and Engineer Brian MacLaren, of Huitt-Zollars, reviewed the project to date. The last few hurdles still remaining are this final approval by the Board and CDOT’s approval for the historical clearance. CDOT has committed to having this piece done by March 10, which Merrigan says still works in line with the construction season. Merrigan said that a number of changes and compromises were presented at the joint Planning Commission and the Downtown Development Authority meeting in November. Those have been incorporated into the final design plans and are outlined in the packet. Merrigan said two spruce trees have become quite controversial as they are planned to be removed in order for this project to be constructed and a gravel parking space would be created in that location. Merrigan said the owner had hired an arborist who said they are in excellent health. He commented that they are under power lines and will continue to be trimmed and topped by Xcel, there are currently no nests and they are unlikely to play a key ecological role, yet birds do roost there and a nest could be protected under the Migratory Bird program and could not be touched until after breeding season. Merrigan said they have done analysis on what it would take to save those trees and it would entail realigning the road, but at this final stage there would be additional design costs of approximately $12,000-$13,000. Trustee Fiori asked about the recycled material and virgin asphalt planned and reminded Merrigan that SAB would not endorse virgin asphalt.

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Mayor Pro Tem Mueller brought up the water table/groundwater and asked if that would cause an issue. Gierlach and Reis both said that Mark Weritz, staff Geological Engineer, has been conducting a ground water analysis study. Weritz has reviewed the final plans and has endorsed them. MacLaren commented that if water does come up it now has a path to get out through the permeable surface. He said that any damaged pavers can be replaced by hand and they are ordering additional pavers for the Town to stockpile. MacLaren said that there was a study done on these particular pavers in a little town in northern Sweden, similar to Nederland’s climate, on their drainage and structural integrity. He said this study shows the pavers raise the temperature of the ground around them and do not build up ice like traditional sidewalks. Theresa Bradley, of Nederland, made three points: first, to encourage the Board to vote in favor of this project. She said she the Town has been given a large sum of money and feels that the details have been reviewed thoroughly many times. Second point was to urge one another to be kind to each another despite differences and opinions. No one should be attacked or criticized; there has been ample opportunity for public outreach and comment. Lastly, Bradley discussed the two spruce trees, and said if the Board chose to save these trees this late in the project, they would be setting an example that a last minute media campaign holds more power than two years of meetings, discussions, planning and the detailed comprehensive process that went into making these plans. She noted that the owner of these two trees had ample opportunity to be part of the process over the last two years, has just recently become aware of the plans and the fate of her trees, and never showed up for the Second Street walk-through with the engineers in November where compromises for residents were made. Megan Blohm, of Nederland, was not present, but Theresa Bradley read Blohm’s comments for the record. Blohm expressed her support for the project. In regards to the two spruce trees, Blohm suggested to delete the parking space in that area as planned, and perhaps draw up a liability agreement for any owner of that property, that if the trees were saved and the construction process caused them to die, the liability would be on the property owner. Kevin Stevens, of Nederland, commented on his observations and concerns, one of which was the objective of this project to reduce traffic speeds along Second Street, he mentioned that speed bumps found in many parking lots is a true testament to their effectiveness, and gave Ace Hardware as an example. He spoke of the permeable pavers theory that water will percolate down to the buried drain pipe, but said a 2 to 4 percent slope shown in the plans will

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accumulate all of the snow melt from the sides, as well as any runoff that will “flow” down the street, and said he believes that this road design will basically channel all runoff into the center of the roadway where an ice trough will form. He mentioned the fine windblown dust/debris that will infiltrate the space between the pavers, and when dry this dust is quite hydrophobic and prevents water from penetrating. Stevens said it was his experience with landscape fabric that it clogs after just a few seasons, and asked about the planned life span of the design. Stevens also said he was deeply concerned about the plan to remove the two large spruce trees on Second Street to accommodate a parking space, and commented that a project which claims it to be “sustainable by design” will be removing these trees and replacing them with parking. Tori Carpenter, of Nederland, is the property owner where the two spruce trees are located. She said she is against the 90% plans until her feedback is received and incorporated into the design. She is requesting that the project design be changed so the trees are not destroyed; she would like to see the easement where it shows the trees in the public right-of-way; if the trees had to be removed, she would like to see the proposed parking spot and snow storage of this space removed from the plan and replaced with native seeding, and she would like an engineer hired to analyze risks to her property if the trees are removed. She said she was never contacted in regards to this project. Sally Grahn, of Nederland, has been involved since the beginning of the project and encouraged the Board not to turn this project down or delay it. She is very concerned about the flooding on Second Street and this project is the solution. She also suggested that perhaps removing the parking space would be a benefit to the owner, if the trees were removed. Topher Donohue, of Nederland, thanked the Board for involving the community at such an intimate level as has been done for this project and said he is proud to live in a town like this. As a resident of Second Street, he confirmed that the pedestrian traffic is very heavy on this road and was looking forward to the improved infrastructure. Katrina Harms. Of greater Nederland and a DDA board member, discussed what the DDA has learned and what will be left to do from this project. She said they learned quite a bit about the watersheds from upstream to the reservoir and have benefitted greatly from all of the discussions. Once this project is completed, then the DDA will determine what to do with their next round of funding, which can go towards utilizing the designs this project paid for, such as

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bioswales and the spurs, or to fill in any gaps leftover. She said this project will make this area better than it was before and to not throw it away waiting for the perfect solution. David Sites, of Nederland, thanked everyone for their efforts and especially those who participated in the walk-through of Second Street in November, which resulted in compromises for residents, such as himself. He said he had heard rumor that there have been multiple surveys throughout the years and that could explain the reason why the whole north side of the Second Street block appears to be an encroachment. He encouraged the Board to make the encroachment issue as low of an impact as possible. Gerald Soutiere, of Nederland, has been a resident since 1970. He said if one were to take a photographic map of the Town and the Town plat and put them together they would not match up. He suggested eminent domain and to buy the owner two new trees for her to be able to plant somewhere else, but do not delay in approving this project. He said that the owner should have gotten a survey from her realtor when she bought the property and would have been aware of the encroachment at that time. Donna Kirkpatrick, of Nederland, said that Carpenter has a right to speak out, yet acknowledged that this should have been addressed a long time ago. She too questioned why not everyone impacted was contacted by the DDA. She confirmed that birds use those trees as a roost every season, and asked for the Board to throw out a little extra money for redesign to save the trees, and then the project could be close to perfection. Mayor Gierlach discussed the flooding history of Second Street and the fact that the Town now has this opportunity to use funding from the State to fix the drainage problem of this road. He encouraged folks to come up with a plan for the Community Center site, because this site is what causes the majority of the storm water that leads to Second Street. Trustee Croughwell, formerly sat on the DDA and was pleased with the Nederland Planning Process (NPP) and DDA’s hard work to receive public input and incorporate it into the plans. She is in support of the project. Trustee Perret suggested to look into designing the road straight instead of meandering it and to place big planters on Second Street to slow down cars. He approves the process undertaken and the compromises that have been made. Trustee Fiori, said that he felt the NPP was incomplete, because SAB’s comments were ignored

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at the 90% plans. Fiori provided a brief history on this project, which stemmed from the Sidewalk Phase II project, which was turned down by the Board, because they made a decision that if they could not do a project correctly, then they should not do it, or should shrink the scope of it, if possible. He did say that he felt this was the most sustainable project he has seen the Town do, but was disappointed that SAB was left out at the end of the project. He said there should be no question on whether to save the trees or not, as the trees do naturally what this project is trying to do mechanically. He said he was encouraged to hear the DDA say that future funding will be considered to fill in the gaps of this project as opposed to moving on to the next project. He said he would like to see the plans tweaked to include the trees. Motion was made by Trustee Fiori, seconded by Trustee Perret and approved unanimously to extend the meeting to 10:30 PM. Mayor Pro Tem Mueller stated the known benefits of planting trees and vegetation and wondered why the Town isn’t investing more in these natural systems. He suggested moving forward with the plans along with a list of amendments he had prepared:

1. Include ecological enhancements at outfall and inlet protection areas. 2. Include ecological enhancements on Jefferson to mitigate runoff from Community

Center site and at Kwik-Mart site as proposed by Western Ecological Resources. 3. Reduce width of paved areas on East Second Street starting at Snyder Street. Remove

paved areas long north side of street that extend beyond existing street edge, and extend, if needed in the future.

4. Keep existing trees and remove proposed parking area. Make street width more narrow or re-align, if necessary. This system should have the flexibility to accommodate the trees now and adjust to the trees being removed later. At some point if the trees die, then can revisit the parking spot.

5. Install larger box culvert per request of EPA. 6. Reduce current quantity of virgin asphalts. 7. Extend the bike lanes, this could be done through the MIP plan, funding through DDA

or through the Town. 8. Develop a reasonable performance guarantee or received help from Huitt-Zollars in

resolving these issues if they occur: a. Water pooling and freezing on any portion of the new surfaces.

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b. The permeable interlocking concrete pavers and sub-surface systems move more than a few inches in the course of any year from the result of storm water and/or ground water movement.

c. Manufacture’s guarantee that everything is installed correctly. Mueller suggested something similar to a development agreement with the DDA in that if any items are left to be done, they get put back to the top of the list for the next year’s funding. Trustee Long recalled that even a different meander would still affect the trees due to the size of the diameter needed to protect the ball. He reiterated the goals were to improve pedestrian traffic and mitigate flooding and runoff. He suggested moving forward with the plans, yet look at other options to save the trees. Motion to approve the final design for the NedPeds pathway project, with Mayor Pro Tem Mueller’s list of amendments was made by Mayor Pro Tem Mueller, seconded by Trustee Fiori, and discussion continued. Merrigan spoke to the technological feasibility of some of the amendments. He said an engineer’s stamp covers certain liabilities along with it. Merrigan acknowledged that the project was significantly over budget and anything that increases costs should be looked at seriously. He said that any ecological enhancements that are located in wetlands would require certain permits. He said he does like the idea of prioritizing the amendments. He said they plan to look at CDOT’s specs again and talk with their material people in regards to reducing virgin asphalt used. In order to save the trees, they would have to redesign the meander and that will be an added cost of approximately $12,000-$13,000. MacLaren said he has to build to minimum standards, and a one lane, one way road is a 14 foot standard. He said if the width falls below that then he cannot place his stamp on it; it is a safety issue. He suggests realigning the road instead of reduce the width. Motion was made by Trustee Fiori, seconded by Trustee Long and approved unanimously to extend the meeting to 11:00 PM. Reis commented that any additional funds would have to come out of Town reserves, as the DDA is at their limit and has no additional funds at this time. Mayor Gierlach recommended showing all of the amendments on the plans in order to approve

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the Scope of Work, but some of the items could be indicated to be performed by others (not part of the bid documents), to take advantage of work that could be performed by AmeriCorps, TEENS, Inc., or community volunteers. Mayor Pro Tem Mueller amended his motion to include Mayor’s recommendation and to allocate up to $15,000 to come out of Town reserves. Trustee Fiori seconded the motion, and it passed unanimously.

3. Consideration of Facility Use Agreement with NedCompost for use of BioFuels building for indoor composting operation.

Reis introduced the item. At its meeting on December 3, NedCompost requested the use of the Town’s former Biomass Plant to move their operation indoors from the current Town shop site on West Fifth Street. At that time staff was directed to draft a lease agreement and notify neighbors and CCFB. A summary of neighbor comments were included in the packet and others came in after the packet deadline and were handed out to the Board members. Mayor Pro Tem Mueller asked about the electrical connection and Reis replied that it would require upgrades and would be part of NedCompost’s contribution. Dale Porter, of Nederland and chair of the Community Center Site Plan Committee, said that the NedCompost process could be done adequately in this location, but that is not to say it would be. He is a supporter of NedCompost, but said he does not think it is a good idea for the Community Center or its site. He said he does not feel this use would be compatible with a community gathering site, and certainly does not believe that a ten year agreement is a good choice at this time when plans are being considered for the development of the whole site. Leonard Kottenstette, of Nederland, agrees with Porter in that it is a good concept, but a lousy place to put it, because of the concept and design for the Community Center. He said this use is more inclined for an industrial site not the Medium Density Residential site it is currently zoned as. Sopa Harmann, of Nederland, member of SAB, and a NedCompost volunteer, has sat in on the site plan committee meetings and believes that it is completely possible to integrate everyone’s needs. Linda Glasser, of Nederland and member of the site plan committee, said this was not an

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appropriate site for this use and there were other areas that would be better suited. She said the neighbors would be highly affected by this proposal. Kayla Evans, of greater Nederland, said that whether the odors were secured or not, there would be enough of them to draw bears and other wild animals into the neighborhood. Gerry Soutiere, of Nederland, said his property is adjacent to West Spring Street where there is a composting pile. He encouraged the Board to tour the neighborhood to experience it firsthand. He believes this type of use does affect property values. Motion to table this item to the next Board meeting on February 4 was made by Trustee Fiori, seconded by Mayor Pro Tem Mueller, and passed unanimously. I. DISCUSSION ITEMS There were no discussion items. J. OTHER BUSINESS

K. ADJOURNMENT Motion to adjourn was made by Trustee Fiori, seconded by Trustee Croughwell, and approved by unanimous voice vote. The meeting was adjourned at 10:56 PM. Approved by the Board of Trustees. _________________________________ Joe Gierlach, Mayor ATTEST: ___________________________________ Michele Martin, Town Clerk

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AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 4, 2014 Initiated By: Alisha Reis Dept: Administration Information_______ Discussion _____ Action* __ X ___

*Continued from meeting of January 21, 2014 ______________________________________________________________________ AGENDA ITEM: Consideration of Facility Use Agreement with Nederland Compost and Resource Recovery for use of the former Biofuels building for an indoor composting operation. SUMMARY: Attached for the Board’s consideration is a Facility Use Agreement, which would allow local non-profit NedCompost to move their composting operation to the larger of the two former biofuels plant buildings at 11 Forest Road (north end of the Community Center site). The operation is currently located at the Town Public Works Shop site, 750 W. 5th Street. Representatives from NedCompost made a request of the Board on December 3 to move to the indoor location for their business (proposal is attached). The Board directed staff to draft the Facility Use Agreement for their review, and to solicit input from neighbors and others prior to the agreement coming back before the Board. The attached agreement has been reviewed by Town staff, the Town Attorney, neighbors of the former biofuels plant site and other interested parties. Several neighbors expressed concerns related to dumping at the site, as well as attracting wildlife from the operations there (summary comments and some formal letters were contained in the Board packet of January 21, available here: http://nederlandco.org/meeting-agendas-packets/ Item is shown on pages 168-181). Comments received after the packet deadline were distributed to the Board at the January 21 meeting. The term of the agreement is for 10 years from the date of agreement, as was the previous agreement for location at the Town Public Works Shop site. This term may be adjusted, should the Board wish to do so, and/or annual reviews may be requested by the Board.

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Zoning The site is zoned as Medium Density Residential (MDR), included in the surrounding neighborhood as such, despite its use as a public facility. The use would be an accessory to the main Community Center. The Municipal Code regulates the use under the zoning category of “Municipal facilities and uses operated by the Town, including offices, water and sewer services, shops, law enforcement, community center or any other public facilities operated by any governmental or quasi-governmental services requested by the Town”. Given that the Town has partnered with NedCompost to receive the Earth Tubs (mechanical composters) and provide a location in town to encourage the development of composting in the community, this site is considered directed by the Town. Comprehensive Plan Influence

The Comprehensive Plan generally supports the advancement of “green enterprise”, or business that furthers sustainable practices, as well as reuse of existing buildings and zero waste practices, such as composting. HISTORY AND PREVIOUS BOARD ACTION: NedCompost’s Earth Tubs (mechanical composters) have been located at the Public Works yard at 750 W. 5th Street since 2012. The Board agreed in 2011 to allow for the siting of in-town composting operations, in partnership with NedCompost, at the Public Works yard. A 20-foot by 10-foot area was approved, as well as use of Town power at the site. This allowance followed discussion by the Board on February 15, 2011 and its ultimate decision not to allow use of Nederland Community Center property for compost collection. The actual composting was to be done on a farm area near Caribou, according to the proposal at that time. The Board subsequently approved acceptance of a grant from Boulder County in support of composting at the Public Works yard. The Board opened its latest consideration of this item at its January 21, 2014 meeting, continuing the discussion to February 4 when the meeting time had expired. QUESTION BEFORE THE BOARD:

• Does the Board wish to approve the Facility Use Agreement? • Does the Board wish to offer any amendments or other input related to the

Agreement, e.g. term of the agreement and/or annual reviews? • Does the Board wish to determine financial compensation for this facility

use?

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ATTACHMENTS: 1) Facility Use Agreement 2) NedCompost proposal 3) NedCompost letter to neighbors of the site 4) BOT Minutes of February 15, 2011 (previous consideration of site for compost

collection) 5) Previous information, including letters and comments from neighbors, is

available at: http://nederlandco.org/meeting-agendas-packets/ Pages 168-181. 6) Two additional letters received after the previous packet was posted (Iorio,

Lynch, Porter) FINANCIAL CONSIDERATIONS: The agreement, much of it holdover from the previous agreement at the Town Public Works Shop site, does not provide for rental costs for the site. The Town fee schedule does not currently include rental rates for the former biofuels buildings, as they have been used for Town storage for some time and not rented out to others.

The agreement includes provisions that all electric connection costs must be borne by NedCompost and that the Town will pay for electrical service for the 2014 calendar year, but that this arrangement is reviewed by the Board annually to determine payment of utilities for this site. It is unknown at this time what the utilities costs for this building will be.

The Board should direct staff related to any financial compensation it deems reasonable for this facility use. Other free use partnerships with the Town include the Food Pantry and the Community Clothing Closet. Other tenant uses range from $50/month for unheated storage to a few hundred dollars per month, on average, for more operational uses.

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FACILITY USE AGREEMENT This Facility Use Agreement (this “Agreement”) is entered into this _____ day of January, 2014, by and between Nederland Compost and Resource Recovery (“NCRR”) and the Town of Nederland, Colorado, a Colorado municipal corporation (“Town”).

1. PREMISES DESCRIPTION Subject to the terms, covenants, conditions and provisions of this Agreement, the Town will allow use by NCRR a portion of the Town property located at 11 Forest Road, Nederland, CO, known as the Main Biomass Building, as determined by the Public Works Manager (the “Premises”). The secondary Biomass Building on the west end of this property is not included in this agreement.

2. TERM

The term of this Agreement is for ten (10) years from its effective date, provided that either Party may terminate this Agreement, effective as of the 1st of January of any calendar year, by notifying the other of its intent to so terminate by no later than December 1 of the preceding calendar year. This Agreement shall automatically terminate should NCRR cease its permitted use of the Premises, as defined below, for a period of sixty (60) consecutive days.

3. USE OF PREMISES The Premises may be used by NCRR for the express purpose of locating a pair of mechanized composting units known as “Earth Tubs” and for the delivery to these Earth Tubs compostable material collected from outside the Premises by NCRR. NCRR’s use of the Premises shall not interfere with the Town’s use of the adjacent Community Center. Access to the Premises under this Agreement shall be made solely by officers or employees of NCRR.

NCRR’s use of Premises under this Agreement must at all times be in conformance with all applicable laws, including but not limited to the requirements of the Nederland Municipal Code concerning nuisances, health and sanitation. NCRR agrees that the Premises shall be used and occupied in a careful, safe and proper manner and that NCRR will pay for any damage to the Premises cause by misuse of the same by NCRR or NCRR’s agents, employees, or guests. NCRR agrees that NCRR will not use or permit the Premises to be used for any purposes not specified in this agreement, or which is prohibited by the laws of the United States, the State of Colorado, or the Ordinances of the Town of Nederland, Colorado.

NCRR will not use or keep any substance or material in or about the Premises which may present a hazard or risk to the premises, or which may prove offensive or annoying to nearby Lessees, property owners or residences.

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4. IMPROVEMENTS Within 60 days of the effective date of this Agreement, the Town will locate the Earth Tubs upon the Premises in a location determined by the Public Works Manager. NCRR is responsible for all costs of providing power hook-ups to the Earth Tubs. The Town will pay the cost of monthly electrical usage in calendar year 2014. The parties will annually review power usage each December and agree upon the source of funding the same for the following calendar year. If the Parties cannot agree upon the cost of funding power under this Agreement by December 31 of any calendar year, this Agreement shall automatically terminate on such date. NCRR shall not install any additional permanent improvements without the written consent of the Town.

5. MAINTENANCE

Maintenance of the Earth Tubs is the sole responsibility of NCRR. NCRR will be responsible for all needs associated with the Earth Tubs, including providing for their security and maintaining access in the event of inclement weather. NCRR shall keep the Premises in good and clean condition. The Town reserves the right to charge $20 per hour for cleaning of the Premises along with a disposal fee for the removal of any trash and recyclables from the Premises, if such cleaning and/or removal is necessary for health reasons. NCRR will be responsible for all routine maintenance associated with the upkeep of the Premises. The Town shall be responsible for all necessary repairs to the Premises, beyond routine maintenance.

6. INSURANCE

NCRR shall add the subject Premises to its existing liability insurance policy for purposes of insuring the Premises and NCRR’s activities therein during NCRR’s use. The Town shall be named as an additional insured on NCRR’s liability insurance policy which shall be in an amount of no less than $600,000. A copy of this policy shall be provided to the Town.

7. INDEMNIFICATION NCRR agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with NCRR’s use of the Premises or with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, negligence, or other fault of NCRR or any officer, employee, representative, or agent of NCRR.

8. NOTICE

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Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows:

Town: Alisha Reis, Town Administrator Town of Nederland

P.O. Box 396 45 W. First Street Nederland, Colorado 80466

NCRR: Dianne Fleming, Chairman Nederland Compost and Resource Recovery

PO Box 3151 Nederland, CO 80466

9. SEVERABILITY

If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

10. MODIFICATION This Agreement may only be modified upon written agreement of the parties.

11. ASSIGNMENT Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other.

12. GOVERNMENTAL IMMUNITY The Town, its officers and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Lessee and its officers or employees.

Town of Nederland Joe Gierlach, Mayor ATTEST: Michele Martin, Town Clerk

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Nederland Compost and Resource Recovery By: Dianne Fleming, Chairman

STATE OF COLORADO ) ) ss.

COUNTY OF )

The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2014, by Dianne Fleming as Chairman of the Nederland Compost and Resource Recovery.

My commission expires: (S E A L)

Notary Public

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Dear Neighbors,

You may have heard that we, NedCompost, hope to move to the old Biofuels site at 11

Forest Rd- behind the Community Center. This new location will help our non-profit

function more smoothly (we will be protected from the windy wintry weather) and

provide a space from where we can inform, involve, and educate our community about

composting, zero waste, and our progress toward sustainability goals set out during

Envision 2020, The Citizens for Sustainability Resolution 2011-12, Resolution 2012-11

(adopting Boulder County’s Zero Waste policy), and the Sustainability Action Plan.

Some folks expressed that they were nervous about the possibility of pests and smell.

Thankfully, we are confident that pests and odors will not be an issue at our new site,

given our working history with our present location (which is zoned high density

commercial), having received no reports of odor problems or bear sightings for the past

year and a half (since our change in administration). The use of charcoal filters has been

discussed to mitigate any potential scent issues that could arise. As stewards of the

environment, we understand the need to keep our site free of trash and debris. We will

discourage unsolicited dumping at or near our site; if any such dumping occurs, we will

explore all options in identifying the culprits and dealing with the issue. We are

profoundly committed to co-creating a cleaner world for Nederland's future generations!

Nederland’s ability to be increasingly sustainable and resilient undoubtedly relies upon

proper management of our community’s waste; and now we are transforming some of it

into fertile life-giving soil amendment! We have agreed to pay for all electrical needs on

the site, and our lease will be up for a review each year. We are excited to continue our

community composting effort, and we are open to any feedback or ideas regarding our

possible move!

Sincerely, NedCompost Board Kate O'Flaherty (724) 316-9072

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Alisha Reis

From: Silvia N Iorio <silvia.iorio@Colorado.EDU>Sent: Sunday, January 26, 2014 12:51 PMTo: alishar@nederlandco.orgSubject: NedCompost

Hi Alisha! Just paid my compost bill for the next six month and thought I’d drop a line to say how grateful I am to have NedCompost available to the community. These folks are really dedicated and provide a much needed and appreciated service—a great plus to our community. They’re a great bunch of people! I’m a bit biased—I was the first customer! Best, Silvia

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Alisha Reis

From: Geoff Lynch <lengthwise@gmail.com>Sent: Tuesday, January 21, 2014 3:24 PMTo: alishar@nederlandco.orgSubject: Questions around NedCompost from neighbor

Hi Alisha, I believe I am sending this to the proper place, if not I would appreciate some assistance in forwarding appropriately. My wife & I own the home at 23 Forest Rd. and I was fully unaware of the project until a neighbor told me very recently. I kind of find it a little crazy that we on Forest were not made aware of the intentions, nor have had the opportunity to voice possible concerns and be educated because it seems things have been approved and the discussion of it tonight at the BOT is a formality based on the way I have seen things worded.

It is not that I have a problem with it by any means, I think it is great, it's just that we as neighbors to this project should of been fully informed on what that means for us. We already have bear issues every spring and while I know NedCompost operated very close to here previously, that is a major concern. I have a two year old and my friend next door has a 2.5 year old and a 6 month old baby that spend a lot of time outside here in this beautiful place where we all live and the idea of attracting more bears is alarming. I had a shed trashed by a bear last June because of an old milk carton, so I am very curious what their plan entails?

I am also very curious about parking and traffic on our street and what the town believes the foreseeable impact might be? Anytime there is a large event at the Community Center (ex: Pancake Breakfast, Christmas Market), we can sometimes barely drive down Forest from the lower entrance and we encounter people speeding on our road unlike any other day which is scary for small children & dogs. Maybe traffic isn't a concern based on their business model, but with a lack of education on the details, these types of questions linger for myself and others due to the lack of information provided.

I decided to send this to you so you have some perspective from a community member this could directly impact. Maybe this was raised in previous community bulletins or meetings and maybe it was. However the reality is that we are all very busy with family & work and the least that could of been done was to give us some preliminary information so we understood how our neighborhood was evolving.

I appreciate your attention to this, please feel free to comment or give a call if you would like to chat? Thanks! Geoff Lynch 303-579-4534

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Comments on the proposed NedCompost agreement to use the biofuel shed at the CC Staff notes to BOT on the NedCompost agreement claim that that agreement was reviewed by “members of the Community Center Foundation.” I do not recall any such review in a recent meeting, although other members of NCCF may have seen the agreement separately. After I spoke at the BOT meeting on the 21st I was assured by Dianne Fleming that NedCompost would undergo an annual review of its operations by the BOT. But the agreement has no such provision. It only provides that the BOT and NedCompost will review the cost of electricity and who should pay for it, each year in December. Given the concerns of neighbors about possible odors and attractive nuisances (garbage) around the premises, I suggest that an annual review by the BOT should be added to the agreement. The review should be done in November (along with the electrical review) so that, if necessary, due notice to end the agreement can be given by December 1 as required in Article 2 (“Term”). Such a review would ordinarily take little time. It also seems burdensome to leave the discovery and reporting of nuisances to the neighbors. Since town Public Works staff regularly visit the area, they should be tasked with recording periodic (but not scheduled) observations on any odors, flies, dropped-off garbage or other nuisances, and this record of observations should be available to BOT at their November review. I appreciate the use of a CC facility as a business incubator—that purpose was suggested often in community deliberations about future uses of the CC and of the west wing in particular. But part of starting a business is to develop a business plan that anticipates future expenses. Therefore I support staff’s suggestion that BOT should consider levying a rental fee, even a token $50 month, when the NedCompost finances allow it—and NedCompost should develop a business plan that assumes that expense in two or three years. I remain a committed and enthusiastic subscriber to NedCompost. Dale Porter 55 Navajo Trail

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TOWN OF NEDERLAND REGULAR MUNICIPAL ELECTION CALENDAR

February 4 Last regular BOT meeting to submit a ballot question to the voters

February 10 First day to circulate nomination petitions February 28 Last day to circulate nomination petitions, signed affidavit of

circulator and acceptance of nomination due in Town Clerk’s office by 5:00 p.m.

March 3 Last day a person can move into Nederland and become a

resident for purposes of voting. March 7 Last day candidates may withdraw from nomination March 7 Last day nomination petitions may be amended to correct or

replace signatures March 10 Drawing by lot to determine order of candidates listed on ballot 4:00 p.m. at Town Hall March 11 Last day for filing affidavit of intent for write-in candidates March 11 First Campaign Report due March 12 Last day to file a Certificate of Nomination or petition to fill a

vacancy if a candidate dies/withdraws March 12 Candidates Forum 6:00-8:00 PM at Community Center March 14 First day the Clerk may cancel an election (if authorizing

ordinance exists) March 17 Last day for BOT or Clerk to appoint Election Judges (BOT

makes the appointment or delegates responsibility to Clerk by resolution)

March 28 Second Campaign Report due March 28 Last day to vote by absentee voting April 1 Last day to register to vote in April 1, 2014 election April 1 Election Day April 8 Last day for Clerk to certify election results April 8 Last day to request a recount May 1 Third and Post Campaign Report due

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AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 4, 2014 Prepared By: Alisha Reis Dept: Administration Information _______ Action ___X____ Discussion ______

______________________________________________________________________ AGENDA ITEM: Consideration of Special Review Use application for motor vehicle use at 250 N. Caribou St. SUMMARY: Attached for the Board’s consideration is a request for Special Review Use permit for a motor vehicle use at 250 N. Caribou St.

The applicant, Paul Holzhauer, is leasing one bay of the garage at 250 N. Caribou Street, which had housed Dillon’s Excavating from 2002 until May 2013. Holzhauer proposes to move to this location his automobile repair business, Paul’s House of Cars, which was most recently operating in Gilpin County.

Holzhauer further outlines his business scope in the attached application, including his letter delineating parking arrangements of cars to be serviced, noise expectations of operations, handling of scrap metal and containment/disposal of solvents and other hazardous materials. The 12,959-square-foot building is currently being used to house an excavation business, which stores large equipment outside. The applicant will be leasing one bay consisting of 295 square feet of this facility, owned by High Country Industries, Inc. The zoning for this property is General Commercial (GC), thus, the proposed motor vehicle repair is permitted as a Special Review Use.

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The applicant has submitted a complete site plan and has met all application requirements. The required public hearing was held at the Planning Commission on January 22, 2014. ANALYSIS Nederland Municipal Code (NMC) Criteria and Conditions: 1) Is eligible for a special review under Section 16-32 Section 16-32 Use Groups

• This application falls under Commercial Uses, as the applicant is proposing motor vehicle repair use. In the GC zoning district, motor vehicle repair requires a special review.

(2) Is generally compatible with adjacent land uses • The building currently houses an excavating company with heavy machinery,

and is situated between a preschool and multi-dwelling unit. The building is located some 40 feet from the nearest multi-dwelling unit. The proposed uses are not expected to generate much more impact than the previous motor vehicle repair businesses or the current use, with the exception of parking for vehicles. Thus, the proposed use appears compatible with adjacent land uses.

(3) Meets all 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

• All requirements of Section 16-52 have been met. • Parking Requirements: The Municipal Code directs that parking

requirements for mixed uses be set via the SRU process, using the parking requirements table (NMC Sec. 16-202 as a guide).

(4) Is consistent with the Comprehensive Plan • The proposal conforms to the Comprehensive Plan in various areas, such as:

Economy Encourage businesses and economic activity that contribute positively to the character and culture of the Nederland community, as well as integrate environmentally sustainable practices. Encourage the establishment of independent businesses of local character and limited space requirements as opposed to businesses of national orientation and/or large space requirements.

(5) The Town has the capacity to serve the proposed use with water, sewer, and fire and police protection.

• The Town has the capacity to serve the proposed use with utilities (as it is already served).

HISTORY AND PREVIOUS BOARD ACTION: As of October 1980, Gordon and Cheryl Harttner requested approval by the

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Planning Commission for a replat of Block 36 [except that portion of lots 5, 6, and 7, which was conveyed by J.T. Tune to the Colorado Department of Highways] recorded September 23, 1963. The request entailed changing the existing ten lots to three lots. William Harttner was issued a building permit for a 3-bay garage in March 1983, with Certificate of Occupancy issued in August 1983. In 1985, the property housed Big Horn Auto shop, which operated for several years. Dan Martin operated Martin’s Automotive Service from 1997-1999. Dillon Developers has and is currently operating an excavation business upon this property. JR Reynolds owns this building, under High Country Industries, Inc. QUESTIONS BEFORE THE BOARD:

1) Does the Board wish to approve the SRU Application and Agreement? 2) Does the Board wish to offer any other conditions or input into the agreement? RECOMMENDATIONS:

The Planning Commission voted unanimously to recommend approval of the Special Review Use application for a motor vehicle use at 250 N. Caribou St., with one requirement to include the applicant’s proposed hours of operation within the SRU agreement.

ALTERNATIVES:

• The Board may offer additional conditions to approval. • The may decline to approve the SRU application and direct staff to prepare

Finding of Fact to reflect the denial.

ATTACHMENTS: 1) Draft SRU Agreement 2) SRU application package with plans and narrative 3) Planning Commission Recommendation, dated Jan. 22, 2014

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SPECIAL REVIEW USE AGREEMENT PAUL’S HOUSE OF CARS MOTOR VEHICLE REPAIR 250 North Caribou Street

THIS AGREEMENT is entered into this 4th day of February 2014, by and between the Town of Nederland, a Colorado municipal corporation (“the Town”) and Paul Holzhauer, proprietor of Paul’s House of Cars, (“the Applicant”).

WHEREAS, the Applicant leases property described as a portion of Lot 1 NEDERLAND REPLAT Block 36, also known as 250 N. Caribou Street and further described in Exhibit A, Town of Nederland, County of Boulder, State of Colorado, 80466 (“the Property”); and

WHEREAS, the Applicant, with the written consent of the owner of the Property, has applied for permission to operate a motor-vehicle repair shop on the Property as a Special Review Use; and

WHEREAS, the Property is located within the General Commercial zoning district; and

WHEREAS, motor vehicle repair shops are eligible as a Special Review Use in the General Commercial 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 January 22, 2014 and recommended approval, and

WHEREAS, following proper notice, the Nederland Board of Trustees has considered the Applicant’s application to operate a motor vehicle repair shop 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 operate a

motor vehicle repair shop on the Property in conformance with the Applicant’s complete and approved Application for a Special Review Use, including but not

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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 Property to operate a motor vehicle

repair shop as described herein, so long as the Applicant complies fully and completely with the following conditions:

a. Off-street parking spaces shall be constructed and delineated prior to commencement of operations. Operations may begin upon issuance of Certificate of Occupancy by the Town Building Official. 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.

b. Prior to commencement of operations of the motor vehicle repair shop, the

Applicant shall obtain and provide to the Town Clerk written certification from the Nederland Fire District indicating that fire flows have been tested and deemed adequate for fire protection at the nearest fire hydrants to the building.

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. As concerns had previously been raised related to the subject property

regarding parking of abandoned vehicles along the right-of-way or within the parking area, the Applicant agrees to limit the cars onsite or being worked on to 15 at most, with any vehicles beyond repair being towed to a salvage yard in a timely manner.

e. The Applicant agrees that there will be no vehicle salvage conducted on

the premises. f. The Applicant agrees that solvents and other hazardous materials will be

self-contained as per Federal Standards. g. The Applicant must at all times meet all requirements related to noise,

odor and/or sound prescribed by the Nederland Municipal Code.

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Page 3 οf 9

h. The Applicant shall use downcast lighting on the property, designed to

minimize to the greatest extend reasonably practicable leakage of light beyond the property line. The Applicant shall make every reasonable effort to provide a night sky-friendly site.

i. The business’s work hours are Monday through Friday 8 a.m. to 5 p.m.

and on Saturdays by appointment. 3. The Applicant shall comply with and shall ensure that the Property complies in all

material respects with all applicable local, state and federal governmental regulations and requirements, 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 and a reasonable period of time to cure

the violation, 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, suspend the Special Review Use Permit until the breach is remedied. 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

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Page 4 οf 9

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. Operation of the business permitted by the Special Use Certificate by any other party (i.e., an attempted transfer of this Agreement without Town consent as required by Section 9 below).

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

c. Operation of any business on the Property other than as specifically

permitted in this Agreement.

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

e. 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 motor vehicle repair 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. Transfer and Assignment. This Agreement shall not be assigned without the

written consent of the Town. If such transfer or assignment is to a new owner or applicant for the same use as authorized by this Agreement, then the Town shall not unreasonably withhold its consent. Transfer or assignment of the Property for any other use shall terminate this Agreement as well as the Special Review Use

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Page 5 οf 9

Certificate, pursuant to Section 6.b. above. 10. 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.

11. 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.

12. 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: ___________________________________ Michele Martin, Town Clerk Joe Gierlach, Mayor APPROVED AS TO FORM: ____________________________________ Carmen Beery, Town Attorney

APPLICANT:

By:___________________________________

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Page 6 οf 9

STATE OF ___________ ) ) ss. COUNTY OF ) Acknowledged before me this _____ day of ____________, 2013, by ______________________ as ___________________ Paul Holzhauer. Notary My Commission Expires: _______________. [S E A L]

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Page 7 οf 9

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EXHIBIT A

[LEGAL DESCRIPTION]

LOT 1 NEDERLAND REPLAT BLK 36

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Page 9 οf 9

EXHIBIT B

[APPLICATION, AS APPROVED, INCLUDING SITE PLAN]

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BOT Packet 2.14.2014 50 of 129

BOT Packet 2.14.2014 51 of 129

BOT Packet 2.14.2014 52 of 129

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BOT Packet 2.14.2014 57 of 129

1

AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 7, 2014 Initiated By: /Eva Forberger Dept: Administration Information ___ Action ___ X ____ Discussion ____

______________________________________________________________________ AGENDA ITEM:

Acceptance of Bid for Inflow and Infiltration (I&I) Flood Work.

SUMMARY:

In November, the Colorado Water Resources & Power Development Authority created a grant fund for flood impacted communities in the State of Colorado. This grant funding is to be used for engineering assistance to enable communities to submit reimbursement proposals to FEMA for repairs. The Town applied for engineering assistance to cover the cost of engineering work as it relates to inflow and infiltration (I&I) repairs of the Town’s sewer lines. As part of this assistance, engineers JVA prepared a Request for Proposals to go out to repair vendors to be able to bid on the I&I work. Attached is a copy of the RFP that was issued. The pre-bid meeting was held January 27th at Town Hall. Four vendors attended the mandatory pre-bid meeting. A copy of those in attendance is also attached. Bids are due to JVA the morning of February 4th. JVA will create a bid tabulation and provide a recommendation by Tuesday’s night’s meeting on February 4,, 2014. The reasons this project is on such an accelerated timeline are as follows:

- The Wastewater plant is currently not in compliance with the state due to the tremendous amount of I&I the plant is taken on due to damages from the flooding in September.

- The current ground water conditions are currently at their seasonal lowest.

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2

This project will require temporary shut-off of services for different areas of town where the work will be done. Any shut-off will require the contractor to notify those affected 48 hours days ahead of time in writing and the contractor will be provided a window of 8 hours for any shut-down. As an option, the contractor will bid to do the work at night for any shut-down that will affect the core business district. The work must commence by March 15, 2014.

The duration to Substantial Completion will remain at 60 days. The duration to Final Completion will remain at 14 days.

Note also that no work is to be performed during Frozen Dead Guy Days (March 6-10, 2014). ATTACHMENTS:

Final Request for Proposal

Pre-Meeting Attendance List

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REQUEST FOR PROPOSAL

TOWN OF NEDERLAND - SANITARY SEWER REPAIR

01/27/14 00100-1 JVA 1840.5c

INTRODUCTION/INVITATION: The Town of Nederland (Owner, Town) is requesting bids from qualified firms for work related to the 2013 flood disaster. Bids shall include 1) a breakdown of unit prices and quantities for anticipated labor, materials and equipment rates and 2) a Project Total price and 3) a schedule for completing the work. All work shall be performed in accordance with federal, state and local rules and regulations.

JVA, Inc. is acting as the Engineer of Record (Engineer) for the project. The Engineer’s address is 1319 Spruce St., Boulder, CO, 80302; e-mail: asparn@jvajva.com. The Owner’s Representative is Eva Forberger, Treasurer. The Owner’s Representative’s address is 45 West First St., P.O. Box 396, Nederland, CO 80466; e-mail: evaf@nederlandco.org.

Interested parties are invited to submit a sealed Bid to the Owner, no later than Monday, February 3 at 3 p.m. MDT. Bids will be received via hand delivery at Town Hall at 45 West First St., Nederland, CO 80466 or by email. Emailed copies of each Bid are limited to a maximum of 10MB capacity. Electronic Submittals must be received in the e-mail box listed below. Submittals sent to any other box will NOT be forwarded or accepted. Please use the Delivery Receipt option to verify receipt of your email.

Email: asparn@jvajva.com; reference as Town of Nederland – Sanitary Sewer Repair in the subject line.

All proposals must be received at the time and date recorded by the above due date and time. Sole responsibility rests with the Offeror to see that their RFP response is received on time. Any responses received after due date and time will be returned to the Offeror.

The Town reserves the right to reject any and all responses, to waive any informalities or irregularities therein, and to accept the proposal that, in the opinion of the Town, is in the best interest of the Town of Nederland, County of Boulder, State of Colorado.

Americans with Disabilities Act (ADA): If you need special services provided for under the Americans with Disabilities Act, contact the Town at (303) 258-3266 at least 24 hours before the scheduled event.

Please direct all questions concerning this RFP in writing to the Engineer via e-mail. No questions will be answered verbally; all questions must be in e-mail. All questions and answers will be circulated as an RFP Addendum via e-mail. Questions will not be accepted after Thursday, January 30 at 11 a.m. MDT. The Final Addendum will be sent out no later than Friday, January 31 at 2 p.m. MDT. correspondence

There will be a mandatory Pre-Bid Meeting onsite on Monday, January 27, at 3:00 p.m. MDT. Interested parties are invited to meet at Town Hall before touring the areas of work.

PROJECT SCOPE/PERFORMANCE STANDARDS: All necessary labor, supervision, equipment, tools and materials for the cured-in-place-pipe rehabilitation and repair of the indicated sections of the sanitary sewer collection system, including all necessary site work.

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Request for Proposals (Continued)

01/27/14 00100-2 JVA 1840.5c

SCHEDULE: A non-binding notice of intent to accept Proposal is expected to be issued on or about February 5, 2013. Work is required to start on or about February 15, 2013 subject to further refinement in the Contract Documents. Contractor shall reach Substantial Completion within sixty (60) calendar days after date of Notice to Proceed. Contractor shall complete work and reach Final Completion within fourteen (14) calendar days after date of Substantial Completion. Work may not occur on March 6, 2014 through March 10, 2014. All other days are available for the Contractor to work.

SUBMITTAL REQUIREMENTS: The following items are to be included in the Proposal:

(a) Contact information, including an official e-mail or physical address to receive notifications and updates.

(b) Completed Bid Form for Unit Price Contracts

(c) Completed Certificate of Compliance as required by §8-17.5-101 et seq., Colorado Revised Statutes.

(d) Proposed Construction Schedule.

(e) Significant subcontractors and suppliers over $50,000. Provide name, service provided, and contract amount.

(f) Comments to the proposed Contract Documents. Post-award comments to the Contract Documents not included in the Proposal shall not be considered.

(g) Short description of company’s practical knowledge and financial resources to complete the Work. Name and qualifications of proposed Project Superintendant.

LEGAL REQUIREMENTS: The successful Bidder will be required to furnish, as part of the Contract Documents, insurance certificates in the amount specified in the Contract Documents, a Performance Bond and Labor & Materials Payment Bond, each in an amount equal to 100% of its Contract price, said bonds to be issued by a responsible corporate surety approved by the Board of Trustees and shall guarantee the faithful performance of the Contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the Town from claims and damages of any kind caused by the operations of the Contractor.

Bidders will be required to submit evidence that they have a practical knowledge of and the financial resources to complete the Work. Bidder shall submit the name and qualifications, including resume, for the proposed Project Superintendant. Evidence of financial stability must be provided upon request.

Contractor to be familiar with and abide by the Town of Nederland's Environmentally Preferred Practices. This document may be accessed via the Town's website: http://nederlandco.org/download/2004-06_Environ_Preferable_Practices.pdf.

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Request for Proposals (Continued)

01/27/14 00100-3 JVA 1840.5c

CRITERIA FOR EVALUATING PROPOSALS: Proposals will be evaluated based on:

(a) Project Cost.

(b) Proposed schedule.

(c) Comments to any Contract Documents including Addendum Contract to FEMA’s Grant Program Requirements for Procurement Documents.

(d) Responsiveness to this RFP.

(e) Any other criteria deemed material by the Town.

PROCEDURE FOR MAKING AWARDS: The Proposals are expected to be evaluated by the Engineer and Owner’s Representative who will make a recommendation to the Town's Board of Trustees. No submittal shall be withdrawn for a period of thirty (30) days subsequent to the opening of proposals without the consent of the Town or delegated representative.

The Town reserves the right to reject any or all qualifications and to waive informalities and minor irregularities in proposals received, and to accept any portion of or all items proposed if deemed in the best interest of the Town to do so.

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AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 4, 2014 Prepared By: Alisha Reis Dept: Administration Information_____ Discussion ______ Action __ X ___

______________________________________________________________________ AGENDA ITEM: Consideration of Resolution 2014-02 accepting an annexation petition, initiating annexation proceedings, and setting a public hearing. SUMMARY: Attached for the Board’s consideration is a resolution to accept an annexation petition, initiate annexation proceedings and set a public hearing to consider the annexation of 19 acres of land at 1250 Eldora Road (Arapaho Ranch) into the Town of Nederland. The proposed annexation is adjacent to the town at County Road 130 (Eldora Road) and Highway 119. The annexed land is proposed for 45 to 60 units of senior and low-income housing. HISTORY AND PREVIOUS BOARD ACTION: This land has not previously been submitted for annexation consideration.

RECOMMENDATIONS: That the Board considers approval of Resolution 2014-02 to accept the annexation petition, initiate annexation proceedings and set a public hearing, in accordance with state statutes and Town municipal code governing annexations. ALTERNATIVES:

1) That the Board declines to adopt the resolution. ATTACHMENTS:

1) Resolution 2014-02 2) Annexation petition and cover letter 3) Annexation map and legal description

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2

4) Annexation concept presentation 5) Memo regarding annexation process 6) Request for waiver of fee

FINANCIAL CONSIDERATIONS: The applicant is requesting a waiver of annexation application fees of $8,450 (residential annexation) in exchange for consideration of conveyance of right-of-way for completion of the community trail to the Nederland high school. The applicant has paid the required $1,000 escrow amount for engineering and legal reviews. The applicant would be required to pay the costs of placing the annexation question on the ballot (on average $3,000 to $4,000). Town staff time will be used in review of the application and preparation for review by the Planning Commission and Board of Trustees, including drafting of the required annexation impact report (for annexations of more than 10 acres).

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1

TOWN OF NEDERLAND Boulder County, Colorado

RESOLUTION 2014 - 02

A RESOLUTION OF THE NEDERLAND BOARD OF TRUSTEES ACCEPTING AN ANNEXATION PETITION, INITIATING ANNEXATION PROCEEDINGS, AND SETTING A PUBLIC HEARING

WHEREAS, the Town of Nederland, Colorado (“Town”) received an annexation petition from Kayla Evans, Joseph Evans and Tamara Ann Holmboe, owners of 100% of the property identified as Aspen Trails, dated January 10, 2014 ("Annexation Petition"); and WHEREAS, the Town Clerk has communicated her receipt of the Annexation Petition to the Town Board of Trustees pursuant to C.R.S. §§ 31-12-107; and WHEREAS, a copy of the Annexation Petition is attached to this Resolution; and WHEREAS, Town staff has reviewed the Annexation Petition and found the same to substantially comply with C.R.S. § 31-12-107(1) and Section 15-3 of the Nederland Municipal Code (“Code”).

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF NEDERLAND, COLORADO, THAT:

Section 1. The Board of Trustees of the Town of Nederland (“Board”) hereby finds that the Annexation Petition substantially conforms to the requirements of C.R.S. § 31-12-107(1) and Code Section 15-3.

Section 2. The Board hereby directs that procedures for annexation be commenced

pursuant to Title 31, Article 12, Part 1 of the Colorado Revised Statutes and Chapter 15 of the Code.

Section 3. The Board hereby declares that on March 18, 2014, at 7:00 P.M., or as soon

thereafter as the matter may be heard, at the Nederland Community Center, 750 Highway 72 North, Nederland, Colorado, a public hearing will be held to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105, and any other requirements concerning eligibility for annexation under Part 1 of Article 12 of Title 31, Colorado Revised Statutes and Chapter 15 of the Code.

Section 4. The Town Clerk and Town Administrator are hereby directed to provide

notice of the hearing in accordance with C.R.S. § 31-12-108(2) and Code Section 15-3(a)(2) and (3).

Section 5. Town Staff is further directed to prepare an Annexation Impact Report, and

provide copies thereof, all in accordance with C.R.S. § 31-12-108.5 and Code Section 15-4.

RESOLVED, APPROVED and ADOPTED this 4th day of February, 2014.

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TOWN OF NEDERLAND

By: ________________________________ Joe Gierlach, Mayor ATTEST: {SEAL} _________________________________ Michele Martin, Town Clerk

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PETITION FOR ANNEXATION

TO The Board of Trustees of the Town of Nederland, Colorado

The undersigned owners of more than fifty percent (50%) of property proposed tobe annexed, exclusive of streets and alleys, which property is described in Exhibit "A",attached hereto and made a part hereof, hereby petition the Town of Nederland forannexation of the property described in Exhibit "A" (the "Property"), in accordance withthe provisions of Part 1 of Article 12 of Title 31, C.R.S.

In support of this petition, petitioners' state:

1. It is desirable and necessary that the Property be annexed to the Town ofNederland.

2. The requirements of the applicable provisions of Sections 3l-12-I04 and3l-12-105, C.R.S. exist or have been met.

3. Not less than one-sixth of the perimeter of the Property is contiguous withthe Town of Nederland.

4.

Nederland.

6

5

A community of interest exists between the Property and the Town of

The Property is urban or will be urbanized in the near future.

The Property is integrated with or capable of being integrated with theTown of Nederland

7. In establishing the boundaries of the Property, no land held in identicalownership has been divided into separate pafis or parcels without the written consent ofthe landowner unless separated by a dedicated street, road or other public way.

8. No land held in identical ownership comprising twenty (20) acres or morewhich has a valuation for assessment in excess of Two Hundred Thousand Dollars($200,000.00) for the preceding tax year has been included in the boundary.of theProperty without the written consent of the landowner.

9. The boundaries of the Property to be annexed include the full width of anycounty road abutting any of the property to be annexed.

10. No annexation proceedings have been commenced for the annexation ofall or part of the Property to another municipality.

1 1. Annexation of the Property will not result in the detachment of area fromany school district or attachment of area to another school district.

1

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12. Upon the effective date of the Annexation Ordinance, all lands within theProperty shall become subject to all ordinances, resolutions, rules and regulations of theTown of Nederland, except for general property taxes of the Town of Nederland, if any,which shall become effective on January 1st of the next succeeding year followingpassage of the Annexation Ordinance.

13. Petitioners are owners of more than fifty percent (50%) of the territoryincluded in the area proposed to be annexed, exclusive of streets and alleys, and comprisemore than fifty percent (50%) of the landowners of such area, and are, in fact, owners ofone hundred percent (100%) of the area proposed to be annexed, exclusive of streets andalleys.

14. Accompanying this petition are four copies of an annexation map showingthe seal ofa registered engineer or land surveyor, containing:

a. A written legal description of the boundaries of the Property proposedto be annexed;

b. The boundary of the Property and the boundary of the Propertycontiguous with the Town of Nederland and any other municipalityabutting the Property;

c The location of each ownership tract of unplatted land, there being noplatted land on the Property;

d. The total acreagq more or less, of the Property;

e. The total length of the perimeter of the boundary of the Property andthe length of the boundary of the Property contiguous with the Townof Nederland;

f. The width of any county roads abutting the Property

15. No part of the area proposed to be annexed is more than three miles from apoint on the municipal boundary, as such was established more than one year before thisannexation will take place.

16. The area proposed to be annexed is located within, or will be incorporatedinto, the following overlapping local govefirment boundaries: Boulder County, BouiderValley School District RE-2, and the Nederland Fire Protection District.

17. The mailing address of each signer, the legal description of the landowned by each signer and the date of signing of each signature are all shown on thisPetition.

2

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18. The territory to be annexed is not presently a part of any incorporatedTown

19. Petitioners understand that the Town of Nederland does not guaranteemunicipal water and sewer services to the Property. Failure to provide such services tothe Property shall not be cause for disconnection of the Property at any future time.

20. No vested rights to use or develop the Property in any particular way, as

defined in Section 24-68-101, et seq., C.R.S. have been requested by Petitioners from anygovemmental entity. Petitioners waive any vested land use rights attached to any or all ofthe Property, except as specifically provided in the Annexation Agreement referred toherein.

21. Petitioners shall dedicate all water rights for the Property to the Town as

required by ordinance.

22. The Property Owner shall pay all fees and costs incurred by the Town inprocessing this annexation petition through the annexation hearing before the Board ofTrustees.

23. In the event the Property is annexed to the Town and conveyed to a

governmental entity within ten years of such annexation, this Petition shall constitute anapplication to the Town for disconnection by the Property owner and the Town, in itsdiscretion,maydeterminetodisconnectthePropertygeapmxldecffi12-501, et seq., as amended

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24. The petitioners acknowledge that upojan,r"*atia#i#"61;iilp.*v to if"Town,theProperty,theownerSthereof,andusestherfu**rrlt'ue,s*iMfees imposed by the Town. The Property, the owners thereof, and the uses thereon arealso bound by any taxes imposed and voter authoization under Art. X, Sec. 20 adoptedprior to annexation of the Property. The petitioners waive any clairns they may haveunder Art. X, Sec. 20 of the Colorado Constitution related to such taxes and fees.

25. The proposed Annexation Agreement attached hereto has been negotiatedwith Town staff and is acceptable to Property Owner. Any changes to the agreementagreed to by the Town and the Property Owner prior to the annexation being effectiveshall not be considered additional terms and conditions imposed by the Town.

3

BOT Packet 2.14.2014 71 of 129

WHEREFORE, the undersigned petitioners request that the Town of Nederlandapprove the annexation of the Property.

Properfy Owner:

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WHEREFORE, the undersigned petitioners request that the Town of Nederlandapprove the annexation of the Property.

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BOT Packet 2.14.2014 73 of 129

WHEREFORE, the undersigned petitioners request that the Town of Nederlandapprove the annexation of the Property.

Property Owner:

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BOT Packet 2.14.2014 74 of 129

AFF'IDAVIT OF CIRCULATOR

The undersigned, being of lawful age, who being first duly sworn upon oath,deposes and says:

That (he or she) was the circulator of the foregoing Petition for Annexation oflands to the Town of Nederland, Colorado, and that the signatures thereon werewitnessed by affiant and are the signatures of the persons whose names they purport tobe.

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Circulator

srATE OF COLORADO )) ss.

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on the 3l auv of 'J\.arrrrrolnnr 2013, before me personally came

KA.i lA-L ee_Vxetng to me known, and known to me to bethe indit idual described in, and who executed the foregoing instrument, and whoacknowledged to me that he executed the same.

Witness my hand and official seal.My Commission expires:

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ATBfiNDRALLONONOTARY PUBLIC

TATE OF COLONADO

NOTARY ID 20134066820ifY@MMISSION o(PlREs OCTOBER

6

BOT Packet 2.14.2014 75 of 129

EXHIBIT ALEGAL DESCRIPTION OF PROPERTY

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BOT Packet 2.14.2014 76 of 129

BOT Packet 2.14.2014 77 of 129

BOT Packet 2.14.2014 78 of 129

1

MEMORANDUM

To: Board of Trustees Cc: Town Clerk From: Alisha Reis, Town Administrator Date: January 30, 2014 Re: Annexation requirements

Dear Mayor and Trustees, As you may know, annexation requests require an extensive review and approval process, per state statute, municipal code and the Town’s IGAs with Boulder County. Below, staff has outlined that process for you, should you choose to forward the current request before you for review. Carmen will be present at your Feb. 4, 2014 meeting to answer any questions you may have regarding this process.

IGA Requirements

• Town agrees not to approve any annexation until:

o Referred to the Boulder County Commissioners (BOCC) o Approved by the BOCC o Referred to the Nederland Planning Commission o Approved by the Nederland Board of Trustees o Approved by the Nederland electors (expenses of the election to be borne

by the applicant)

• Annexation Petitions to be "immediately" referred to the County. • Response from County due within 20 days of referral date

BOT Packet 2.14.2014 79 of 129

2

Statutory and Code Requirements

• If Clerk finds annexation petition to conform to statutory requirements, she forwards it to the Board of Trustees (BOT) (Feb. 4, 2014)

• On first consideration of annexation petition, BOT adopts a Resolution of Substantial Compliance, initiating the annexation process and setting the hearing date (Feb. 4, 2014)

o Hearing date to be scheduled 30 - 60 days from the date of the Resolution (March 18, 2014)

• Town sends to the following entities copies of Annexation Map and Master Plan and notice of hearing time and date plus notice that objections must be sent within 7 days of receipt: (after Feb. 4, 2014 BOT meeting)

o Telephone company o Franchise utility companies o Town Engineer o Fire Protection District o Public Works Department o State Highway Department

• The application is referred to the Nederland Planning Commission for review

and written recommendation to BOT o Planning Commission must conduct a public hearing on the

application prior to the BOT's hearing (February 26, 2014)

• At least 30 days prior to BOT Hearing: Clerk causes Notice of the BOT hearing to be published once a week for 4 successive weeks, the first publication at least 30 days prior to the hearing (February 18, 2014)

• At least 25 days prior to BOT Hearing: (by February 22, 2014)

o Clerk sends a copy of the published notice + Resolution of Substantial Compliance and Annexation Petition, by registered mail, to:

Clerk of BOCC (continue to provide notices required by annexation statutes, even though the County is aware)

County Attorney Any special district located w/in the territory to be annexed

AND Town prepares an Annexation Impact Report

• At least 20 days prior to BOT Hearing: (by February 26, 2014)

o Annexation Impact Report is filed with BOCC

• BOT conducts its hearing on the annexation petition (March 18, 2014) o Board adopts a Resolution making certain findings of fact about the

annexation, required by statute

BOT Packet 2.14.2014 80 of 129

3

• If annexation is approved by the BOT, approve by Ordinance

o The effectiveness of the Ordinance will be contingent upon approval by Town electors, assuming that is the last prerequisite required by the IGA that remains unsatisfied by this date.

o By same ordinance or separate resolution, refer the question to the electors and either call a special election (at least 30 days out) or coordinate with another election date.

• Election is conducted (November 4, 2014)

o Notify BOCC of results o If approved by electors, file certified copies of the annexation map and

annexation ordinance in office of Boulder County Clerk and Recorder, as required by 31-12-113.

BOT Packet 2.14.2014 81 of 129

BOT Packet 2.14.2014 82 of 129

BOT Packet 2.14.2014 83 of 129

BOT Packet 2.14.2014 84 of 129

BOT Packet 2.14.2014 85 of 129

BOT Packet 2.14.2014 86 of 129

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EVANS ANNEXATION

Safe pedestrian connection to High School

High School is linked to Town through Annexed Property

Direct Connection from town bike paths to West Magnolia Open Space

Near RTD Stops - Connects toTown and Region

Sewer/WaterTaps already in place

BOT Packet 2.14.2014 88 of 129

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Bike and PedestrianFrom

Town to High School

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BOT Packet 2.14.2014 89 of 129

P***u EVANS ANNEXATION

Bike and PedestrianFrom

Town to West MagnoliaOpen Space

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BOT Packet 2.14.2014 90 of 129

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EVANS ANNEXATION

Town toHigh School:One CommunitY;

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BOT Packet 2.14.2014 91 of 129

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EVANS ANNEXATION

On Transit Route toTown and Region

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BOT Packet 2.14.2014 92 of 129

WffiffiTffitrTEVANS ANNEXATION

Development provides to preserve the Ranch

Clustered design approach much of the property

Careful design approach topography and naturalfeatures

Use of Topography to of development

Fire Mitigation Best Practices - Remove Beetle Kill andforest health

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BOT Packet 2.14.2014 93 of 129

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Development providesincome toArapahoe Valley Ranch

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Caref ul,development

much ofthe site &topography

Preliminary Concept:45-60 Multifamily Unitsin 1_6 Buildings +Potential Rec Center/Mixed Use Site

BOT Packet 2.14.2014 95 of 129

EVANS ANNEXATION

Careful developmentviews and

development

BOT Packet 2.14.2014 96 of 129

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Explore Renewable Energy

strategies

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Explore (Neighborhood Development)

Explore (Net Zero Energy Development)

for Sustainable Mountain Development

Based, Low Carbon Living

Sustainable - Not just Buildings

BOT Packet 2.14.2014 97 of 129

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High-Quality attached housingGen Y Seniors, FamiliesAffordable Housing

CoWorking & Worl</Share Facilities on siteReduction in Traffic CountsOpportunities for Shared Community Services

BOT Packet 2.14.2014 98 of 129

EVANS ANNEXATIONffiTHER

SewerAffater Taps already in place

Xcel Energy Service lmprovements and Line RelocationSustainable Design reduces lnfrastructure Demand

BOT Packet 2.14.2014 99 of 129

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BOT Packet 2.14.2014 100 of 129

AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 4, 2014 Prepared By: Alisha Reis Dept: Administration Information _______ Action ___X____ Discussion ______

______________________________________________________________________ AGENDA ITEM: Consideration of Ordinance 727 to amend Ordinance 720 regarding limits on marijuana sold to out-of-state residents SUMMARY: Attached for the Board’s consideration is an ordinance raising the allowable limit of recreational marijuana sold per transaction to out-of-state residents to1/4 ounce. The current limit is one gram, approved via Ordinance 720 in August 2013. The 1/4-ounce limit (approximately 7 grams) is identified in the Colorado Retail Marijuana Code, governing recreational marijuana. The Board requested at its January 7, 2014 meeting that staff draft an ordinance raising the limit to be in line with the state limit. Should the Board approve Ordinance 727, it would be published for the state-mandated 30 days before becoming effective, approximately mid-March. Staff also would notify the one licensed retail marijuana store of its passage. HISTORY AND PREVIOUS BOARD ACTION: Ordinance 720, regulating recreational marijuana in Nederland, was adopted by the Board of Trustees on August 20, 2013. QUESTION BEFORE THE BOARD:

1) Does the Board wish to adopt Ordinance 727? 2) Does the Board wish to offer amendments or any other input related to the

ordinance?

ATTACHMENT: 1) Ordinance 727

BOT Packet 2.14.2014 101 of 129

TOWN OF NEDERLAND, COLORADO

ORDINANCE NUMBER 727 AN ORDINANCE AMENDING SUBSECTION 6-286(6) OF THE NEDERLAND MUNICIPAL CODE CONCERNING THE MAXIMUM AMOUNT OF MARIJUANA THAT MAY BE SOLD TO A NONRESIDENT OF THE STATE OF COLORADO

WHEREAS, the Town of Nederland, Colorado (“Town”) is a statutory municipality, duly organized and existing under the laws of the state of Colorado; and WHEREAS, at the November 2012 general election, the voters of the State of Colorado adopted Amendment 64 to the Colorado Constitution which authorizes the use, possession, growth, transport and transfer of marijuana in limited amounts and under limited circumstances, and further authorizes the conduct of business to cultivate, produce, test and sell marijuana and marijuana products; and WHEREAS, after the adoption of said Amendment 64, the state legislature adopted the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S. which, among other things, authorizes certain local government regulation of retail marijuana businesses and renders it unlawful for a person licensed to sell retail marijuana or retail marijuana products to sell more than a quarter of an ounce of retail marijuana and no more than a quarter of an ounce equivalent of a retail marijuana product during a single transaction to a nonresident of the state; and WHEREAS, as authorized by Amendment 64 and the Colorado Retail Marijuana Code, the Town Board of Trustees (“Board”) adopted local regulations applicable to retail marijuana businesses, codified as Article XI of Chapter 6 of the Nederland Municipal Code (“Code”); and WHEREAS, Subsection 6-286(6) of said Article XI renders it unlawful within the Town to sell to a nonresident of the state marijuana or marijuana products that exceed one (1) gram or one serving (edibles) per purchase, per consumer; and WHEREAS, a quarter of an ounce is the approximate equivalent of seven (7) grams; and WHEREAS, the Board now finds that it is desirable to amend Code Subsection 6-286(6) to permit licensed marijuana establishments in Town to sell up to the maximum amount allowed by state law to nonresidents of the state. NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Nederland, Colorado, that: Section 1. Subsection (6) of Section 6-286 of the Nederland Municipal Code, concerning unlawful acts under Article XI of Chapter 6 of the Code, is hereby amended as follows:

(6) It shall be unlawful to sell more than a quarter of an ounce of marijuana or more than a quarter of an ounce equivalent of marijuana products during a single transaction to a non-colorado resident of the state of Colorado marijuana or marijuana products that

BOT Packet 2.14.2014 102 of 129

exceed one (1) gram or one serving (edibles) per purchase, per consumer;

Section 2. Should any one or more sections or provisions of this Ordinance or of the Code provisions enacted hereby be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance or of such Code provision, the intention being that the various sections and provisions are severable. Section 3. Any and all Ordinances or Codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such Ordinance or Code or part thereof shall not revive any other section or part of any Ordinance or Code provision heretofore repealed or superseded. INTRODUCED, ADOPTED AND ORDERED PUBLISHED THIS 4th DAY OF FEBRUARY, 2014.

TOWN OF NEDERLAND, COLORADO

_________________________________ Joe Gierlach, Mayor

ATTEST: _________________________________ SEAL Michele Martin, Town Clerk APPROVED AS TO FORM: _________________________________ Carmen Beery, Town Attorney

BOT Packet 2.14.2014 103 of 129

1

AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 4, 2014 Prepared By: Alisha Reis Dept: Administration Information _______ Action ___X____ Discussion ______

______________________________________________________________________ AGENDA ITEM: Consideration of Ordinance 728 to refer to the ballot a question regarding compensation for the offices of Mayor and Trustee. SUMMARY: Attached for consideration of the Board is an ordinance to refer to the April 1, 2014 ballot a question to allow for compensation for the offices of Mayor and Trustee, and to set the amount of such compensation, should voters approve the question. If voters approve the measure, it would apply only to those Trustees who are not currently serving in their positions, according to state statute (C.R.S. Section 31-4-405). That includes candidates elected this April 2014, and any subsequent Mayors and Trustees. HISTORY AND PREVIOUS BOARD ACTION: The Board on January 7, 2014 requested staff to draft an ordinance to refer the question of Mayor and Trustee compensation to the ballot. The Board last discussed the subject on February 21, 2012. However, at that time, it was too late to meet the statutory deadlines for ballot questions for the 2012 election. QUESTIONS BEFORE THE BOARD:

1) Does the Board wish to approve Ordinance 728? 2) Does the Board wish to offer any amendments or other input related to the

Ordinance? 3) If the Board wishes to approve Ordinance 728, what compensation amounts does

the Board wish to put forth?

BOT Packet 2.14.2014 104 of 129

2

ATTACHMENTS: 1) Ordinance 728 2) Summary of compensation amounts in nearby communities FINANCIAL CONSIDERATIONS If the Board approves the recommended compensation amounts ($250/month for Mayor and $150/month for Trustees), the 2014 Budget impact would total $5,000. This amount is not budgeted and would be withdrawn from General Fund reserves.

BOT Packet 2.14.2014 105 of 129

TOWN OF NEDERLAND, COLORADO

ORDINANCE NUMBER 728 AN ORDINANCE REFERRING TO THE ELECTORS OF THE TOWN THE QUESTION OF COMPENSATION FOR THE OFFICES OF MAYOR AND TRUSTEE AND ESTABLISHING THE AMOUNT OF SUCH COMPENSATION IF THE QUESTION IS APPROVED AT THE APRIL 2014 REGULAR ELECTION

WHEREAS, the Town of Nederland, Colorado (“Town”) is a statutory municipality, duly organized and existing under the laws of the state of Colorado; and WHEREAS, pursuant to C.R.S. § 31-4-406, in municipalities of not more than five thousand inhabitants incorporated prior to July 3, 1877, the mayor and members of the governing body shall not receive any compensation for their services unless the question of paying such mayor or members for their services is first approved by the registered electors of the municipality; and WHEREAS, the Town is a municipality of not more than five thousand inhabitants that was incorporated prior to July 3, 1877 and, as such, falls within the above statute; and WHEREAS, the Town Board of Trustees (“Board”) finds that the time and personal resources required to be dedicated by persons holding the offices of Mayor and Trustee are significant and that this public service has tangible and intangible benefits to Town residents, businesses and visitors; and WHEREAS, in the interest of recognizing the value of the significant time spent by elected Town officers and the resulting public benefits, the Board finds that it is desirable to refer to Town electors the question of whether such officers should receive compensation for their services at the April 2014 regular Town election; and WHEREAS, if such ballot question is approved by the electors, C.R.S. § 31-4-301(4) requires that the amount of compensation due to the Mayor and Trustees be established by ordinance; and WHEREAS, C.R.S. § 31-4-405 prohibits any increase in an elected official’s compensation to occur during his or her term of office; and WHEREAS, if the question of compensation is approved by Town electors at the April 2014 election, the Board wishes to authorize and establish the amount of such compensation to be paid to those officers whose terms commence in April 2014 and thereafter. NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Nederland, Colorado, that: Section 1. The following ballot question shall be submitted to Town electors at the next regular Town election, to be conducted on Tuesday, April 1, 2014: Ballot question:

BOT Packet 2.14.2014 106 of 129

Shall the Mayor and other members of the Board of Trustees receive compensation for their services, commencing with new terms of office filled by election in April of 2014 and for new terms of office that commence thereafter?

Section 2. In the event the ballot question referred to the electors by Section 1 of this Ordinance is approved by a majority voting thereon, Article II of Chapter 2 of the Nederland Municipal Code, concerning the Mayor and Board of Trustees, shall be amended by the addition of a new Section 2-25, to read in its entirety as follows:

Sec. 2-25. Mayor and Trustee Compensation. Commencing with new terms of office filled by election in April of 2014 and for each new term of office that commences thereafter, each member of the Board of Trustees, including the Mayor, shall receive compensation in the amount of $ ______ per ________ .

Section 3. Effectiveness of Section 2 Contingent Upon Election Results. Adoption of the Code Section set forth in Section 2 of this Ordinance is expressly conditioned on voter approval of the ballot question referred by Section 1 of this Ordinance. In the event a majority of electors voting on said ballot question vote “no” on the measure, then the Code Section approved by Section 2 of this Ordinance shall be rendered null and void and shall have no force or effect. In the event a majority of electors voting on the ballot question referred by this Ordinance vote “yes” on the measure, the Town Clerk is authorized to take all steps ordinary and necessary to include the new Code Section adopted by Section 2 hereof in the Nederland Municipal Code. Section 4. Should any one or more sections or provisions of this Ordinance or of the Code provisions enacted hereby be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance or of such Code provision, the intention being that the various sections and provisions are severable. Section 5. Any and all Ordinances or Codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such Ordinance or Code or part thereof shall not revive any other section or part of any Ordinance or Code provision heretofore repealed or superseded. INTRODUCED, ADOPTED AND ORDERED PUBLISHED THIS 4th DAY OF FEBRUARY, 2014.

TOWN OF NEDERLAND, COLORADO

_________________________________ Joe Gierlach, Mayor

ATTEST:

BOT Packet 2.14.2014 107 of 129

_________________________________ SEAL Michele Martin, Town Clerk APPROVED AS TO FORM: _________________________________ Carmen Beery, Town Attorney

BOT Packet 2.14.2014 108 of 129

Town of Nederland Mayor & Trustees Compensation AnalysisAs of January 31, 2014

Population Comparable Towns in Terms of Population Mayor Trustees1085 Parachute 200.00$ 120.00$ per month1300 Gilcrest* 75.00$ 50.00$ per month (based on 2 meetings per month)2930 Silt* 600.00$ 400.00$ per month (based on 2 meetings per month)2500 Buena Vista 200.00$ 150.00$ per month1700 Olathe 80.00$ 50.00$ per month1700 Lyons** 200.00$ 100.00$ per month (based on 2 meetings per month)

Average for Comparable Towns 225.83$ 145.00$ Annual Costs based on Average 2,710.00$ 1,740.00$

Staff RecommendationMonthly Salary 250.00$ 125.00$ Annual Salary 3,000.00$ 1,500.00$ TotalAnnual Costs 3,000.00$ 9,000.00$ $12,000.002014 Budget Impact 2,000.00$ 3,000.00$ $5,000.00

Boulder/Broomfield AreaBoulder 765.00$ 765.00$ per month (as of 2012)Broomfield 800.00$ 600.00$ per monthLafayette 550.00$ 400.00$ per monthLouisville 500.00$ 250.00$ per monthLongmont 1,500.00$ 1,000.00$ per monthSuperior 500.00$ 300.00$ per monthErie 500.00$ 300.00$ per monthLyons** 200.00$ 100.00$ per month (based on 2 meetings per month)

* Pay based on Per Meeting** 1-6-2: COMPENSATION. Other than the Mayor, members of the Board of Trustees shall each be paid a salary of fifty dollars ($50.00) per regularly scheduled meeting actually attended by the recipient of the salary up to a maximum of two (2) regularly scheduled meetings per month and an additional five (5) special meetings per year. The Mayor shall be paid a salary of one hundred dollars ($100.00) per regularlyscheduled meeting actually attended by the Mayor up to a maximum of two (2) regularly scheduled meetingsper month and an additional five (5) special meetings

BOT Packet 2.14.2014 109 of 129

AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 4, 2014 Initiated By: Michele Martin Dept: Administration Information _______ Action ___X____ Discussion ______

______________________________________________________________________ AGENDA ITEM: Consideration of Ordinance 729 authorizing the Town Clerk to cancel an election, in accordance with CRS 31-15-507, and requiring an affidavit of intent for write-in candidates. SUMMARY: C.R.S. § 31-10-306 states that “The governing body of a municipality may provide by ordinance that no write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the clerk by the person whose name is written in prior to twenty days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected.” C.R.S. § 31-10-507 states that “In any ordinance adopted by the governing body of the municipality requiring an affidavit of intent for write-in candidates as provided in section 31-10-306, the governing body may also provide that, if the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and by resolution declare the candidates elected….”. HISTORY AND PREVIOUS BOARD ACTION: I have not found any evidence that a Nederland election has ever been cancelled, and we will not be cancelling the 2014 election due to the ballot question regarding compensation for Mayor and Trustees, yet this Ordinance need only be done once to allow for future use and prepare for the affidavit of intent for the 2014 election. ATTACHMENTS:

1) Draft Ordinance 729

BOT Packet 2.14.2014 110 of 129

TOWN OF NEDERLAND, COLORADO

ORDINANCE NUMBER 729 AN ORDINANCE AUTHORIZING THE TOWN CLERK TO CANCEL AN ELECTION IN ACCORDANCE WITH CRS 31-10-507 AND REQUIRING AN AFFIDAVIT OF INTENT FOR WRITE-IN CANDIDATES IN ACCORDANCE WITH CRS 31-10-306

WHEREAS, the Town of Nederland, Colorado (“Town”) is a statutory municipality, duly organized and existing under the laws of the state of Colorado; and WHEREAS, the Town conducts its regular municipal elections in April of even-numbered years in accordance with the Colorado Municipal Election Code, Article 10 of Title 31, C.R.S.; and WHEREAS, C.R.S. § 31-10-507 requires the Town Board of Trustees (“Board”) to act by ordinance to authorize the Town Clerk to cancel a regular municipal election when there are no more candidates than offices to be filled; and WHEREAS, C.R.S. § 31-10-507 further requires that such authorization be contained in an ordinance that requires write-in candidates for any municipal election to first file an affidavit of intent in accordance with C.R.S. § 31-10-306; and WHEREAS, the Board finds that it is prudent and desirable to save the Town any unnecessary expense in conducting an election when one is not needed and to provide the Clerk with some certainty prior to an election of the potential number of write-in candidates; and WHEREAS, the Board therefore desires to authorize the cancellation of future Town elections in accordance with C.R.S. § 31-10-507 and to require write-in candidates to file affidavits of intent in accordance with C.R.S. § 31-10-306. NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Nederland, Colorado, as follows: Section 1. The Town Clerk is hereby authorized to cancel a regular municipal election of the Town of Nederland in accordance with C.R.S. § 31-10-507 if the only matter before the voters is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent. As required by this statute, the Board shall instruct the Town Clerk by resolution to cancel any future election and declare the candidates elected.

Section 2. In accordance with C.R.S. § 31-10-306, no write-in vote for any Town office shall be counted unless an affidavit of intent has been filed with the Town Clerk by the person whose name is written in prior to twenty days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected.

BOT Packet 2.14.2014 111 of 129

Section 3. Should any one or more sections or provisions of this Ordinance or of the Code provisions enacted hereby be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance or of such Code provision, the intention being that the various sections and provisions are severable. Section 4. Any and all Ordinances or Codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such Ordinance or Code or part thereof shall not revive any other section or part of any Ordinance or Code provision heretofore repealed or superseded. INTRODUCED, ADOPTED AND ORDERED PUBLISHED THIS 4th DAY OF FEBRUARY, 2014.

TOWN OF NEDERLAND, COLORADO

_________________________________ Joe Gierlach, Mayor

ATTEST: _________________________________ SEAL Michele Martin, Town Clerk APPROVED AS TO FORM: _________________________________ Carmen Beery, Town Attorney

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AGENDA INFORMATION MEMORANDUM NEDERLAND TOWN BOARD OF TRUSTEES Meeting Date: February 4, 2014 Prepared By: Alisha Reis Dept: Administration Information _______ Action ___X____ Discussion ______

______________________________________________________________________ AGENDA ITEM: Consideration of a grant request to support noxious weed control. SUMMARY: Attached for the Board’s consideration is a memo from the Nederland Noxious Weed Committee, requesting the Town’s support for application of funds to support a project for weed control, mapping and public outreach. The project would at least initially concentrate on Town property. The Committee is a newly formed group of volunteers looking to address the issue of noxious weeds in town. The group is requesting $3,200 in funds from the Colorado Department of Agriculture. The cash funds require a 2 to 1 match of cash or in-kind contribution, which the Committee proposes will be matched with volunteer labor. The deadline to apply for the funds is February 14, 2014 at 5 p.m. HISTORY AND PREVIOUS BOARD ACTION: The Board on July 27, 1999 adopted the Town of Nederland Noxious Weed Management Plan, and approved the appointment of a weed management advisory committee. According to the Municipal Code, “the Board of Trustees is appointed to act as the Undesirable Plant Management Advisory Commission for the Town and shall have the duties and responsibilities as provided by state statute” (Sec. 7-71). State law governs the identification and requirements for management of noxious weeds. The Board on July 6, 1948 adopted Ordinance 84, identifying nuisances within the town, including noxious weeds.

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QUESTION BEFORE THE BOARD:

1) Does the Board wish to support the attached grant application and project? ATTACHMENT: 1) Summary memo, dated January 29, 2014 2) Draft grant application 3) RFP for grant program

FINANCIAL CONSIDERATIONS: No Town of Nederland funds are being requested to support this project.

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The Colorado Department of Agriculture Announces Request for Proposals for the 2014 Noxious Weed Management Fund Grants

The Colorado Department of Agriculture (CDA) is accepting proposals for grants funded by CDA’s Noxious Weed Management Fund for the 2014 field season. Application materials must be mailed or e-mailed to CDA. Proposals are due February14, 2014, by 5 P.M. All signatures are required at the time of submittal.

Program Objectives

The primary objective of the CDA Noxious Weed Management Fund (WMF) grant program is to provide additional financial resources to counties, communities, weed control districts, or other entities engaged in cooperative efforts to eradicate and/or contain state, regionally, or locally rare, noxious weed species populations and to prevent the spread of high priority weed populations. Organized private interests, non-profit organizations and local governments may also apply for assistance provided that awarded funds will be used for noxious weed management efforts within the State of Colorado. Funding

While exact funding availability is unknown at this time, we expect the amount for this year’s WMF grant program to be consistent with last year’s amount. All grant awards are subject to availability of funds. Our top priority is for proposals that address eradication of List A species. Proposals that primarily address List A species but also include eradication efforts for List B species designated for elimination in your county are included in this top priority. This year we are continuing to solicit proposals for List B pilot projects (see page 3). All proposals must have a management orientation. Priority of Project Areas

Early Detection and Eradication of List A Species. CDA strongly encourages timely management responses to threats posed by infestations of noxious weeds that are found in discrete and manageable populations – the state’s List A species. Immediate containment of known populations, intensive surveys of surrounding areas or susceptible lands, and initiation of multi-year eradication efforts should be the achievable goals of such proposals. For ongoing List A eradication projects, goals and objectives must address a plan and timeline for eradication. Eradication of List B species populations that are designated for eradication. Projects that address List A species exclusively will be given top priority. However, if List B species populations designated for elimination can be treated efficiently along with the List A species, such projects are also a high priority. As indicated in the Rules Pertaining to the Administration and Enforcement of the Colorado Noxious Weed Act (8 CCR 1206-2), areas that have List B

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species that are designated for elimination may apply for funding to help implement the statewide noxious weed management plans for these species. For the List B component of any project attempting to address both List A and List B species, projects should emphasize intensive eradication efforts on outlying populations. Of lesser priority is control of List B species that involve containment efforts along clearly determined lines, and control of new or established populations along travel corridors and other areas of human disturbance in regions designated for suppression. Prevention and Education. Projects meeting either of the first two criteria may include a prevention and/or education component. An education or outreach component should be a part of all projects, but projects that focus on education and/or outreach only will not be funded. Other List B Species. Applicants may also submit projects that may not include List A species or populations of List B species subject to elimination in the subject county or counties. These projects must make significant progress managing List B species, effectively shrinking containment areas and/or treating smaller, outlying populations in a comprehensive manner. While these species are a lower priority, such projects may be funded or partially funded if WMF funds remain after allocations are made to higher priority projects. Other Ranking Criteria

• Projects having specific, measurable objectives and outcomes are a high priority. In order for CDA to continue to receive WMF resources, we must be able to demonstrate to funders that the allocated funds were put to good use. The more that projects can state exactly what they’re going to do with the funds; how the project couldn’t be done without these funds; and how your noxious weed situation has improved because of the project, the more likely it is that we can continue to receive funds for disbursement to local noxious weed management activities.

• Partnership projects are important as they should make funding go farther, particularly in cases where equipment and/or personnel can be shared. Partnerships are also a great way to disseminate technical and non-technical information about noxious weed management and control.

• Management approaches including integrated weed management (IWM) and working within a watershed scale are also valued priorities. Projects that have analyzed the use of an array of tools, then decided to use the most effective approach, shows funders that their resources are being invested well.

• Weed funds should stimulate new weed management efforts by adding management capacity at the local, regional, and state levels. Applications that initiate cooperative and coordinated weed management programs or projects will be favored over well-established projects of a similar nature. Some examples include start up weed management projects for local governments that do not have weed management programs, or newly-forming Cooperative Weed Management Areas or Weed Prevention Areas that will address noxious weed issues on a regional level.

• Preference will be given to applicants that secure some form of assurance that participating landowners will continue to manage noxious weeds in a coordinated and effective fashion once state funds have been exhausted. Applicants should clearly

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describe the desired outcomes of proposed management projects and the degree to which landowners have committed their future participation to achieve this outcome.

List B Pilot Projects In 2014, up to $20,000 of the total CDA Weed Management Fund will be dedicated to supporting List B pilot projects that focus on populations of targeted List B species that can be eliminated by aggressive management. Funds are to be directed toward managing one or more List B species that are subject to elimination in your jurisdiction or work area. Please discuss your project ideas with Cecily Mui or Steve Ryder prior to submitting a proposal. List B Project Requirements:

1. The targeted List B species population(s) or infested area(s) must be within a designated elimination area (see the CDA website/County Weed Programs/List B Weed Management Plans for more information, or contact Cecily).

2. Maps of the location and approximate size of the targeted populations must be provided with your application. Subsequent surveying and mapping of these populations is an eligible project grant expense.

3. Projects must employ an integrated approach, with at least two treatment strategies used in concert. Additionally, there must be an outreach or community involvement component. Collaboration among local landowners and entities is strongly encouraged.

4. A 1:1 minimum match is required – a lower requirement than for other Weed Fund projects.

5. A separate application form must be used if you are also applying for a SPF or standard NWF grant. Applicants requesting funds for List A eradication in addition to List B elimination should submit their proposal to the WMF separately from the List B Pilot Project proposal.

6. Applications that initiate cooperative and coordinated weed management programs or projects and new partnerships will be favored over well-established projects of a similar nature.

List B Project Eligibility 1. Local governing entities must be in substantial compliance with the state Noxious Weed

Act, or come into substantial compliance prior to the end of the grant period. Minimum requirements include designating a weed advisory board, and developing and administering a noxious weed management plan. Municipalities may substitute local ordinances for a management plan, as long as the ordinance(s) specifically address noxious weed management. Please contact Steve Ryder if you have questions about this.

2. Within the proposed geographical area, any List A species populations must be treated in 2014.

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Requirements for all projects

• Eligible entities are limited to receiving funds from two of the three grant types (NWF, List B pilot, SPF) in 2014.

• Award letters or e-mails will be sent to grant recipients as soon as selections are made. These notices are for informational and project planning purposes only, and do not establish an agreement between CDA and grant recipients. A purchase order (or contract, for a non-governmental entity), statement of work, and reimbursement form will be sent to recipients approximately a month after award letters are received.

• Prior to reimbursement, applicants must provide updated species distribution information to the state’s quarter-quad mapping system, or to the local county weed manager if unable to access the system directly. This information includes the species that were targeted by the project (List A or B), and any sightings or other information on Watch List species encountered during the field season.

• The amount of the grant that can be used for administrative/overhead purposes is limited. For grant amounts of $10,000 or less, the maximum amount of administrative expenses is ten percent; above $10,000, administrative expenses cannot exceed five percent of the awarded grant amount. Administrative expenses must be directly related to the management of the grant – applicant or partner salaries are not administrative expenses and are not eligible grant expenses, although they may be used as in-kind match (Exceptions may be considered for new weed management programs or for first-time applicants.). Hiring of seasonal employees for on-the-ground weed control work is not an administrative expense, but it is an eligible grant expense.

• Grant recipients are required to contribute a 2-for-1 match (1:1 match for List B pilot projects), which may be in the form of cash and/or in-kind expenses. If the final matching amount is reduced from the original amount proposed, the final grant reimbursement will not exceed one-half of the match amount provided.

For example, if the grant amount is $5,000, the minimum matching amount is $10,000 for a total project amount of $15,000. If the final report shows a final matching amount of $8,000, the final grant reimbursement will not exceed $4,000. Eligible matching expenses may include direct expenditure of applicant and/or partner funds for necessary project costs, including contracted professional services, minor equipment purchases, equipment rental, and/or in-kind staff support and services (including salary and volunteer time) necessary to complete project tasks.

• Reimbursable grant fund expenditures to support weed management activities include, but are not limited to: materials and supplies, labor, herbicides, advertising, meetings, training, publications, rentals, contract services, etc. OMB Circular A-87 describes in detail allowable costs for federally funded projects, and can be found below. Please use these as guidelines for Weed Fund projects as well, and contact CDA with any questions.

For government entities: http://www.whitehouse.gov/sites/default/files/omb/assets/agencyinformation_circulars_pdf/a87_2004.pdf

For non-profit organizations: http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a122/a122_2004.pdf

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• A final project completion report must be submitted to CDA upon completion of the project, but no later than 30 days after the contracted date of expiration. A final report form will be provided to grant recipients.

AWARD PROCESS

Applications will be accepted until 5 p.m. on February 14, 2014. Until this time, the State Weed Coordinator will be available to advise potential applicants on the preparation of applications. Applications will be reviewed by an evaluation team and ranked on merit against other proposals. Applicants may be contacted by a member of the evaluation team during the evaluation process if additional information or clarification of existing information is required. Final selection of projects and grant amounts will be made by the Commissioner of Agriculture. Every effort will be made to ensure that awards from the Fund are made equitably and distributed broadly around the state provided that proposals of sufficient quality are available from all areas of the state. An announcement of award decisions will be made in writing or via e-mail by March 7, 2014. Project activities funded by these grants must take place within the period specified in the CDA purchase order or contract. Additional information may be included or required with each application. For example, local government weed management plans, intergovernmental agreements among partners, and an outline of the project’s timeline and objectives will be helpful in presenting a detailed picture of the project and its participants to the evaluation team.

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APPLICATION INSTRUCTIONS FOR STATE WEED FUND GRANTS

AND LIST B PILOT PROJECT PROPOSALS All project applications must be typed. Application packets must contain a project abstract, a map (or maps) of the proposed project area(s), a completed 2014 Project Application form (included in this RFP), and the 2014 Budget form. Submissions must be made as described in the application instructions. Proposals must be received no later than February 14, 2014 at 5:00 p.m. to Steve Ryder at steve.ryder@state.co.us. List B pilot project proposals can be sent to cecily.mui@state.co.us. Please arrange your application materials in the following order:

1. Project abstract 2. Map(s) of proposed project area(s) 3. Project application form 4. Budget form.

Project Abstract: The project abstract (one page maximum) describes the proposed project (background, description of project, specific management goals and objectives and timeline) and demonstrates that it is an efficient and effective means of achieving effective noxious weed control. Maps: Attach a detailed map or maps that depict the lands on which management will be carried out. A vicinity map of the project area and specific site area maps (as needed) are preferred. Maps should be no larger than 8 ½” x 11”. Project Application: See fillable application form provided separately. The fill-in blanks will expand and there is no word limit. Please be concise yet complete with your responses. This year, we are requesting that proposals include specific, measurable outcomes (deliverables). For example, an overall, long-term management goal might be the elimination of all List A species in your county, and management activities may include surveying, treating, outreach, monitoring, etc. In addition to these goals, please include a deliverable, such as:

• In 2014 no plants within all known populations of yellow starthistle will be allowed to go to seed. This amounts to 50 total acres/10 infested acres; or

• In 2014, as a result of our community outreach program (including door hangers, local media and resident contact), 150 or more local residents will remove myrtle spurge from their properties. This would be double the number of resident removal from 2013.

Budget: A budget form is provided separately. This form is newly revised from last year’s and allows us to eliminate the in-kind itemization form. Please review the example sheet (below) before filling out the form, and if you have questions please contact CDA. On the budget form, please list expenses in priority order. Doing so will ensure that if your project receives partial funding, you will receive your highest-priority funds. If applicants or partners are providing a cash match, list those amounts in the “Matching Funds” section. Below your projected expenses,

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list the in-kind resources including staff time, volunteer labor, donated equipment, etc. Give a dollar figure for each, and include specific items, hours of time or use (if applicable), and dollar value.

Budget Form Instructions: 1. Itemize your prioritized expenses for the project down the left-hand side of the

table, and then list from which source the expenses will be paid. Each column total is automatically summed on the bottom line of the table. The total of the first column will indicate the grant amount being requested in the application form.

2. In the bottom half of the table, list your items that can be described as “in-kind.” Insert a dollar amount with each item and indicate which party will provide each amount of matching funds.

3. Greyed-out cells and summary cells cannot be edited. Descriptions and number amounts can be filled in and formulas imbedded in the form will calculate the rest.

4. On the form, the “proposed match” must be equal to or greater than the “required minimum match.”

5. All rates must fall into the acceptable parameters for federal and state grants. (See page 4 of this RFP for details).

6. Please keep all receipts and timesheets for your records (this includes volunteer timesheets). CDA will not request them unless they are needed to verify unusual expenses, or in the case of an audit.

Please submit all materials electronically, in a .pdf format (or Word/Excel document format if .pdf is not possible), to steve.ryder@state.co.us. List B project applications can be sent to cecily.mui@state.co.us. This will save the applicant copying and mailing costs, and save the Department copying costs. Electronic signatures on the application form are allowed for Weed Fund grant applications. Hardcopy entries will be permitted only if electronic submittal is not a possibility. Applications will be accepted until 5 p.m., February 14, 2014. For assistance with WMF applications, For assistance with List B pilot project applications, please contact: please contact: Steve Ryder Cecily Mui steve.ryder@state.co.us cecily.mui@state.co.us 303-239-4173 (office) 303-239-4465 (office) 303-828-8329 (cell) 303-229-9254 (cell)

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Budget Form Example

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