March 2020

Hi everyone – here’s my monthly update for March 2020 for things going on in and around Superior.

Oil & Gas Regulations

At its March 9, 2020 meeting, the Town Board will consider adopting regulations for oil and gas operations.  Specifically, we will be considering an Ordinance amending the Town Code and the adoption of Best Management Practices (BMPs), which will govern how oil and gas operations will be regulated in Superior.

The Town Board heard its “first reading” of the proposed Oil & Gas regulations on February 10, 2020.  If you are interested in seeing the Board’s discussion, it is available here.

As you may recall, Superior was first confronted with an application to drill multiple wells in Superior, under Rocky Flats, in the Fall of 2018.  While that application was subsequently withdrawn, it caused considerable concern among all of us. At that time, municipalities were largely powerless when confronted with oil and gas development, because the State had exclusive jurisdiction through the Colorado Oil and Gas Conservation Commission (COGCC) which had as its mission, “fostering” oil and gas development.  

In 2019, Senate Bill 181 was signed into law by Governor Polis, which changed the mission of the COGCC to include protecting public health, safety, and the environment.  The law also gave municipalities like Superior greater “local control” over the land use decisions related to oil and gas development within their boundaries.  

Superior retained an oil and gas attorney to assist us in drafting our new oil and gas regulations.  The proposed Code amendments and draft Best Management Practices (BMPs) are robust and complex, but here’s a rundown of what they include: (1) “oil and gas facilities” will only be permitted in areas that are zoned Agricultural or Industrial; (2) oil and gas facilities and well sites will require a permit from the Town (in addition to the State) before they can operate; (3) the oil and gas operator must provide financial assurances to the Town; (4) there will be a detailed nine-step process that will be required before a new oil and gas permit may issue; (5) transfers to different operators will only be allowed if the new operator satisfies certain financial requirements; (6) the Town will have inspection rights; and (7) certain setback/location restrictions will be imposed.  

Some have asked why we aren’t considering an outright ban on oil and gas development, or at least, a ban on fracking.  The simple answer is that we can’t. An outright ban would be challenged in Court and likely found unlawful. Senate Bill 181 gave municipalities the ability to regulate oil and gas operations to protect the public health, safety, and welfare of our residents — it did not give us the power to ban such operations altogether.  Consequently, we need to enact smart regulations that will adequately protect our residents under existing law.  

I believe that what has been proposed is a great start and a step in the right direction, however, I will be proposing some changes to make the regulations even stronger.  I look forward to having the discussion on March 9 and encourage residents to come speak at public comment and add their input.  

1500 Coalton Design

Also at the Town Board’s March 9, 2020 meeting, we will be considering final designs for 1500 Coalton.  A link to the Staff Memo overviewing this item is available here and a link to the full meeting agenda is available here.

I’m really excited to see the final designs proposed by OZ Architecture for 1500 Coalton.  This building has the possibility of becoming a focal point and central gathering place for our entire community.  If you are interested in weighing in, I encourage you to attend our meeting on Monday night so your voice can be heard.

88th Street Improvements

This summer, 88th Street will be undergoing a complete reconstruction.  This is not just a simple re-paving. This will involve reconstruction of the subsurface of the road, widening the right of way to allow for 2 additional lanes (to be built in the future), pedestrian and bike paths, and a possible traffic signal or roundabout at Promenade Drive (which will provide access to Downtown Superior in the future).

Details remain to be ironed out but we are trying to coordinate as much of the construction to occur while school is out for the summer, so that we do not interfere with students traveling to and from Monarch K8 and High School.  In a future Board meeting, we will be considering whether to proceed with a two month closure of 88th Street in order to expedite the construction or instead, a phased approach that will likely involve closing one lane (and utilizing a flagger to allow traffic to move along 88th Street in one lane and one direction at a time).  However, doing so would likely increase the total time of construction to four months and could likely interfere with Monarch traffic.

These are difficult decisions, but 88th Street is overdue for repaving.  Let us know by emailing the Board at townboard@superiorcolorado.gov with your thoughts and preferences.

Lowdown with Trustee Lacis

Would you like to meet with me one-on-one to discuss anything related to the Town of Superior?  If so, consider signing up for a Lowdown with Trustee Lacis.  

I’m free on March 5 @ 7:30am, March 12 @ 7:30am, March 18 at 6:00pm, and March 31 @ 6:00pm.  Please shoot me an email at markl@superiorcolorado.gov to secure your slot.  First come, first served.