Niwot LID meets with Boulder County Commissioners

Boulder County's newest commissioners Claire Levy and Marta Loachamin got a crash course in the history of the Niwot Local Improvement District when the BOCC met with members of the LID advisory committee on Feb. 25. They also got an earful about some missteps by their predecessors, as well as some still-lingering conflicts that arose from the NRCD building moratorium from two years ago. But the meeting ended with an optimistic tone, and an agreement from both boards to work more cooperatively going forward.

"It's a beautiful town, but there are some sticking points, and sometimes there are unintended consequences of what starts out as a good intention," Levy said in concluding remarks. "And, you know, we need to listen. I always believe we need to listen to the people who are closest to the issue because you know it the best, and there's just hardly anything that you can't get to yes on if you bring people together and sit down."

Joining Levy and Loachamin for the 90-minute virtual meeting was their BOCC colleague Matt Jones, county liaison Mark Ruzzin, and all nine current LID advisory committee members.

State of Niwot

LID member Biff Warren and vice-chair Jim Eastman kicked the meeting off with a presentation on the history of the Niwot LID and some of the most notable projects it has funded, including the monument sign, mural, sculpture park, and Rock & Rails. LID chair Laura Skaggs then turned the discussion over to member Eric Bergeson for an update on Niwot's current economic outlook. Bergeson, owner of Niwot Wheel Works and the Wheel House, is wrapping up an eventful first year as president of the Niwot Business Association.

Bergeson began his presentation with a "high-level" view of the COVID-19 pandemic's impact on the town, noting that Niwot has been "weathering the pandemic okay overall," in terms of finances, but clearly there have been some "winners and losers."

"That's the main story here," Bergeson said." You have Bert Steele at [Niwot Market]...me on the bike side of my operation, having banner years last year, but we have Tara, Stacy at the Niwot Tavern, and Michael at Old Oak Coffee shop really having difficult years... A lot of these businesses that had a tough time, I think are going to make it through. Not everybody did."

However, Bergeson continued, even before 2020, business growth in Niwot had "lost a little bit of momentum," due to a dwindling supply of commercial space in the business districts and missed opportunities in the wake of the moratorium, which was in effect from September 2018 through April 2019.

"If we don't have enough energy here, we don't attract enough customers on a regular basis," he said, citing the recent loss of high-profile establishments Colterra, Powder Keg Brewing, and Bootstrap Brewing. "And we really feel like we're at that tipping point... Not only do we need more commercial space, but we need to drive more retail and food and beverage that draws people into town and creates just more general activity here."

In the short term, Bergeson said that pop-up sales and other one-day events have been a "fruitful strategy" for doing just that, but for longer-term solutions, he is hoping to see more support from the county.

"Having gone through what we experienced with the moratorium and the changes in the code, my feeling is that we would really benefit as a community by having a dialogue around a vision for what we want to see in the Niwot business district," he said. "I want to bring the county in if we could, just to talk at a high level so that there aren't surprises down the road, and we all can come together on a plan for downtown Niwot moving forward."

A Brief Look Back at Significant Local Issues

After a financial overview by LID treasurer Bruce Rabeler, Skaggs introduced the next topic delicately, "It's a little bit painful, and we're not trying to be whining kids about all of this, but we do want to provide the context of some recent activity with the county that's been really significant in town. And that is the moratorium and the alley issue."

She then turned the meeting over to Warren, the board's longest-serving member (along with Eastman), who started the discussion on friendly territory-Niwot's "long history of working successfully with the county," on such projects as open space acquisitions, the public parking lot,ballfields, and the Niwot Children's Park. However, that was just to soften the blow for what came next-a sharp critique of the county's recent actions (or inaction) concerning commercial development in Niwot.

"The takeaway from all this is we want, hopefully, to give you an idea of what we do, how the community functions, how things get done in Niwot, what your role is in that, and most importantly to us, that we're able to work with you, and that you're not afraid to give direction to county staff when appropriate, and to hold them to that. We have a feeling that there was a breakdown in that."

Warren then recounted the seven-month moratorium and code revision process from the LID board's perspective, from the surprising announcement, to the numerous meetings with county planners and officials, and, finally, to the highly disappointing outcome that seemed to "completely disregard" any input from business owners. He also noted the county's failure to consult the LID advisory board before the moratorium was imposed, despite the fact that many are both local business owners and residents themselves.

"At the time, the LID felt basically a lack of respect, because there was no discussion with the LID," he recounted. "We've always felt like we were your appointed representatives, because we're not just businesses, but also residents. And we've been here a long time and have a good pulse on the community. But that's not the way it happened."

He also argued that the months-long delay and restrictive code changes had chased away new building projects, and is a definite factor in Niwot's slowdown in recent years.

"Developments that were in the works were simply canceled," he said. "There was a proposal to build some condominiums and housing that would be walkable and contribute to sustainability, all those things that we value in the planning process. But in the end, because of the regulations, the development proposal went away."

But it is the county's ongoing treatment of the 600-foot long alley between 2nd and 3rd Avenues east of Franklin Street that has been the most frustrating part of the process, according to Warren. Officially designated a public right-of-way by the county, the 20-foot wide alley is meant to allow access to the rear of businesses. However, over the years, it has fallen into disrepair, and most vehicles access businesses on that block via curb cuts on 2nd Avenue-a potential safety hazard for customers and pedestrians, owners contend. Attempts to fix damage to the roadway, such as potholes and ruts, have caused conflict with the neighbors on 3rd Avenue, who don't want an increase in vehicle traffic in their backyards. Eager for a compromise, developers and property owners were hoping to see the alley improvements addressed in the code revisions. Instead, county transportation proposed an "unworkable" standard for the alley that unfairly puts the onus on business owners, Warren said.

"County transportation has said in the past 'it's not our problem, it is your problem'. The alley was platted in 1875. It's a public right-of-way. We're happy to work with you but, from our perspective, you don't get to just walk away, and say, 'not our problem'. The alley on the historic block [west of Franklin], is very different. There aren't any curb cuts going back there, but, they work with the neighbors, and they don't seem to have that conflict. The owners grade it when it's necessary, and there's no restrictions on access. It really needs to be that way on both of these alleys. They need to be treated the same, and they're not."

Following Warren, LID members Mary Coonce and resident Lisa Rivard offered further comments, as did member and 2nd Avenue property owner Cornelia Sawle (Niwot Inn). Sawle detailed additional issues with the alley, arguing that its ongoing neglect was becoming costly for her and her neighbors. She also said the lack of development on the east end of 2nd Avenue is becoming unsightly, and scares away potential investors.

"I get many comments from my guests concerning the condition of the property surrounding the Inn, and it's very discouraging," she said. "For the many business owners and developers that I spoke to, nothing positive came of the moratorium, just a lot of frustration, lots of time and money, further restrictions of commercial building codes, and the loss of additional future revenue for Niwot's business owners."

Unfortunately, the talk about the moratorium and alley used up time that was allotted for additional discussion, so the meeting concluded with brief remarks from each of the commissioners expressing their thanks for the candid conversation and pledging to help keep Niwot "a special place,"

"It's very evident in the history of what Jim and everyone has shared this evening, that there is a long, positive relationship with Boulder County," Loachamin said. "It's very important to us as the board to get your community input, and to work on these issues together."