Town of Superior Board of Trustees Special Meeting

TOWN OF SUPERIOR BOARD OF TRUSTEES SPECIAL MEETING

MINUTES OF JUNE 22, 2015

The Board of Trustees for the Town of Superior, Colorado met in a special meeting on June 22, 2015 at the Town Hall, 124 E. Coal Creek Drive, Superior, Colorado

CALL MEETING TO ORDER

Mayor Folsom called the meeting to order at 6:29 p.m.

Call to Order a Special Meeting of the Town of Superior Board of Trustees

CALLING OF THE ROLL

Present: Mayor Clint Folsom; Mayor Pro-tem Debra Williams; Trustees Joe Cirelli, Rita Dozal, Chris Hanson, Sandy Pennington; Town Manager Matt Magley; Town Attorney Kendra Carberry; Town Clerk Phyllis Hardin. Absent: Trustee Elia Gourgouris.

Calling of the Roll

EXECUTIVE SESSION TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOP A STRATEGY FOR NEGOTIATIONS, AND /OR INSTRUCT NEGOTIATORS, PURSUANT TO C.R.S. §24-6-402(4)(e), CONCERNING A REQUEST FROM THE ROCKY MOUNTAIN FIRE DISTRICT, AND TO CONSIDER THE PURCHASE, ACQUISITION, LEASE, TRANSFER OR SALE OF REAL PROPERTY, PURSUANT TO C.R.S. §24-6-402(4)(a), FOR WHICH A TOPIC CANNOT BE DISCLOSED WITHOUT COMPROMISING THE PURPOSE OF THE EXECUTIVE SESSION AND TO HOLD A CONFERENCE WITH THE TOWN’S ATTORNY TO RECEIVE LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS, PURSUANT TO C.R.S. §24-6-402(4)(b), FOR WHICH A TOPIC CANNOT BE DISCLOSED WITHOUT COMPROMISING THE PURPOSE OF THE EXECUTIVE SESSION

Mayor Pro-tem Williams moved to go into Executive Session on C.R.S. 24-6-402(4)(e) concerning a request from the Rocky Mountain Fire District and C.R.S. 24-6-402(4)(a) for which a topic cannot be disclosed without compromising the purpose of the executive session and C.R.S. 24-6-402(4)(b) to hold a conference with the Town’s Attorney to receive legal advice on

specific legal question for which a topic cannot be discussed without compromising the purpose of the executive session Seconded by Trustee Hanson. Ayes – 6 (Cirelli, Dozal, Folsom, Hanson, Pennington, Williams). Absent – 1 (Gourgouris). Motion carried.

An executive session was held. Trustee moved to come out of executive session. Seconded by Trustee . Ayes – 6 (Cirelli, Dozal, Folsom, Hanson, Pennington, Williams). Absent – 1 (Gourgouris). Motion carried.

ADJOURNMENT

Mayor Folsom adjourned the special meeting.

TOWN OF SUPERIOR BOARD OF TRUSTEES AND SUPERIOR MCCASLIN INTERCHANGE METROPOLITAN DISTRICT BOARD OF DIRECTORS REGULAR MEETING

MINUTES OF JUNE 22, 2015

The Board of Trustees for the Town of Superior, Colorado and the Board of Directors for Superior McCaslin Interchange Metropolitan District met in a regular meeting on June 22, 2015 at the Town Hall, 124 E. Coal Creek Drive, Superior, Colorado.

CALL MEETING TO ORDER

Mayor Folsom called the meeting to order at 7:05 p.m.

Call to Order Regular Meeting of the Town of Superior Board of Trustees and Superior McCaslin Interchange Metropolitan District Board of Directors

CALLING OF THE ROLL

Calling of the Roll

REPORTS, QUESTIONS AND ISSUES  Trustee Pennington said at the Open Space Advisory Committee (OSAC) meeting last week they went over the five (5) year trail plan as well as the Boulder County Open Space and Trail Plan. There is some disagreement with PROSTAC’s (Parks, Recreation, Open Space and Trails Advisory Committee) recommendation so they would like to have several members meet with PROSTAC members and hopefully create a consensus suggestion to the Board. She likes that idea but said she would bring this up to the Board and see if that would be okay or would the Board want to see OSAC’s and PROSTAC’s plans and have the Board do the meditation.

 Trustee Dozal said as a point of order – the approval of the agenda was not done.

Mayor and Board Members

APPROVAL OF AGENDA

Trustee Dozal requested Consent Agenda Item #7C (Adoption of a Resolution approving an Agreement with Felsburg Holt Ullevig for Design Services for the McCaslin Bus Rapid Transit Station to Coal Creek Trail Project) be discussed after the Approval of the Consent Agenda. Trustee Dozal moved to approve the Agenda with that change. Seconded by Trustee Cirelli. Ayes – 6 (Cirelli, Dozal, Folsom, Hanson, Pennington, Williams). Absent – 1 (Gourgouris). Motion carried

Approval of Agenda

CONTINUATION OF THE REPORTS, QUESTIONS AND ISSUES  Mayor Folsom said getting back to Trustee Pennington’s, he suggested not having a decision but could be revisited at a later time.  Trustee Pennington said there will be a Jeff and Paige Concert on Friday from 6:00 to 7:00 p.m., which last year drew 200 plus people to Founders Park; she also thanked Sherin Tedeschi who resigned from OSAC as well as all the committee members who are not renewing their terms. She asked about the rental fee for Purple Park for the Disc Golf and wanted to know what the fee is. Patrick Hammer, Director of Parks, Recreation and Open Space, said there are several different fees for the park based on which area is used – everything from $10 for the volleyball court all the way up to $25 an hour to rent the pavilion area. It was decided to settle at $1,000 for the time they would be on the field.  Mayor Pro-tem Williams went to the National Trails Day; went to the Boulder County Consortium of Cities meeting about a month ago; went to US 36 Photo Op for the Grand Opening; normally she would have a July 3rd First Friday but that will be cancelled.  Trustee Hanson attended a PROSTAC meeting last Wednesday and they took a field trip to the Davidson Mesa underpass to see where a good spot would be if the Town would endorse some sort of crosswalk. He thought PROSTAC would be making a recommendation to the Board for that crossing; he recognized the Monarch Rugby Team for a couple of awards.  Trustee Cirelli attended a Recycling and Conservation Advisory Committee (RCAC) meeting on June 11th and they will come up with a budget recommendation but they are having trouble getting a quorum at their meetings; attended a Historical Commission meeting on June 19th and they talked about their plans for July 4th and the old fire truck; on that same day they will have the Museum opened; they have postponed a proposed clean-up of Asti Park; he attended the County Commissioners dinner, along with other Board members; he will be gone from June 28th to July 20th and will need someone to cover the RCAC meeting on July 9th at 5:30 p.m. and someone to cover the Historical Commission meeting on July 17th from 10:00 a.m. to 12:00 a.m. Trustee Pennington might be able to cover the RCAC and Trustee Dozal said she could cover the Historical Commission meeting.

 Trustee Dozal said the Board attended the dinner meeting with Boulder County Commissioners; had coffee with Dennis Harwood, a council member from Broomfield and he would like to have on-going dialogue with the Town – like what is done with the City of Louisville; went over every day and watched the Rocky Mountain Women’s Disc Golf championship course that was put into place; she would like to see along Rock Creek Parkway some more semi-permanent holes put back up as that part of Purple Park rarely gets used; attended the US 36 Express Lanes ribbon cutting today.  Mayor Folsom attended the Boulder County Commissioners dinner on June 15th; from July 16th through the 19th attended the Colorado Municipal League conference in Breckenridge along with the Town Manager and gave a summary of some of the conferences he attended; attended the Disc Golf Tournament and would like to see that be an annual event; attended the US 36 Phase I Grand Opening in Broomfield today; Phase II – from 88th Street to Boulder – will be done by the end of the year; McCaslin Blvd Diverging Diamond Interchange will be done by Thanksgiving; the Grand Opening of the bikeway on Phase I is Wednesday, June 24th; RTD (Regional Transportation District) is unveiling the Flatiron Flyer Bus on June 30th and he has been asked to be a speaker at that event.  Trustee Hanson said the Board received an email from a resident in Rock Creek asking about the earth moving equipment and is it possible to move those off the hill to a lower elevation. Mr. Magley said that could be talked about during the Town Center Update.

Mayor and Board Members

Town Attorney  Kendra Carberry also attended the CML conference and found there are some changes that will need to be made the Superior Municipal Code in various areas and she will send those along gradually; because she was at CML she did not have time to send the Board a memo about the agenda and wanted to let the Board know she did approve at least the form of #C on the Consent Agenda.

Attorney

MISCELLANEOUS Mayor Folsom went through upcoming events:  A Jeff and Paige Concert on Friday  No meeting on July 13th  The Pancake and Parade on July 4th  July 22nd is story time at Community Park and that is the date he will be reading Fairy Tales and Magic

PUBLIC COMMENT ON CONSENT AGENDA AND NON-AGENDA ITEMS Jack Adams, Chairperson of the Superior Youth Leadership Council and Rachel Williams, Co-Chair, wanted to present to the Board three changes in their council policies – one is the attendance policy and to consider that if a person misses two consecutive meetings or four (4) total that the SYLC vote to remove them from the Council. The second one is the work plan timeline. Instead of January to December and they would like theirs to be August to August to

be in sync with the school year. The third one is council terms. The terms are for one year and they would like to extend them to two years.

Public comment on Consent Agenda and Non-Agenda Items (limit 5 min./person)

PRESENTATIONS

Luke Taylor, Boulder Valley Ice & Indoor Sports, gave a presentation on the progress of The ice facility

Randy Goodson, RC Superior, gave a presentation on the progress of the Superior Town Center.

Town Center Update

CONSENT AGENDA

Mayor Pro-tem Williams moved to approve the Consent Agenda with the following items: A. Approval of the minutes of the Board of Trustees of the June 8, 2015 meeting B. Acceptance of the meeting notes of the Open Space Advisory Committee and the Superior Youth Leadership Council and the minutes of the Planning Commission meeting

Seconded by Trustee Hanson. Ayes – 6 (Cirelli, Dozal, Folsom, Hanson, Pennington, Williams). Absent – 1 (Gourgouris). Motion carried.

Consent Agenda

Consent Agenda Item #7C (Adoption of an Agreement with Felsburg Holt Ullevig (FHU) for Design Services for the McCaslin Bus Rapid Transit (BRT) Station to Coal Creek Trail Project) was discussed. Trustee Dozal said Exhibit A says the $83,000 is for the Design Services but as she reads Exhibit A it says the landscaping has to come through PKM Design Group and wanted to know if FHU pay PKM Design Group out of their $83,000 and Alex Ariniello, Public Works Director, said yes. She also asked if the right-of-way planning for Farnsworth Group would FHU also pay them out of the $83,000 and Mr. Ariniello said yes. Trustee Dozal asked about the parking lot modification design plus 10 spaces – is that to the BRT that currently exists – what are those additional spaces. Mr. Ariniello said those are on the Superior Plaza side and is part of an agreement that has been worked out with CDOT (Colorado Department of Transportation) to help compensate Superior Plaza for losing spaces at Brakes Plus. Trustee Cirelli said this project is constructing a bike shelter at the BRT station and he wondered why RTD (Regional Transportation District) is not providing a bike shelter at the RTD Station and why the Town is having to do that. Trustee Pennington asked whether this was subject to competitive bidding. Mr. Ariniello then gave explanations.

Trustee Dozal moved to approve Resolution #R-27, Series 2015 A RESOLUTION OF THE BOARD OF TRUSTEES APPROVING AN AGREEMENT WITH FELSBURG HOLT

ULLEVIG FOR DESIGN SERVICES FOR THE MCCASLIN BUS RAPID TRANSIT STATION TO COAL CREEK TRAIL PROJECT. Seconded by Trustee Cirelli. Roll call vote: Folsom – aye; Williams – aye; Cirelli – aye; Dozal – aye; Hanson – aye; Pennington – aye. Absent – 1 (Gourgouris). Motion carried.

Adoption of a Resolution approving an Agreement with Felsburg Holt Ullevig for Design Services for the McCaslin Bus Rapid Transit Station to Coal Creek Trail Project

ADOPTION OF A RESOLUTION APPOINTING MEMBERS TO THE OPEN SPACE ADVISORY COMMITTEE (OSAC), PARKS, RECREATION, OPEN SPACE AND TRAILS ADVISORY COMMITTEE (PROSTAC), THE HISTORICAL COMMISSION AND THE RECYCLING AND CONSERVATION ADVISORY COMMITTEE (RCAC)

Matt Magley, Town Manager said Section 2-12-40 of the Superior Municipal Code addresses membership of Town Advisory Committees, including appointment(s) of Advisory Committee members. Scheduled under this agenda item is the Board’s consideration of appointments of sitting Advisory Committee members to a new term, as well as appointments to fill additional vacancies. Ballots are available for the Board to vote. Votes were then taken.

Trustee Dozal moved to approve Resolution #R-28, Series 2015 A RESOLUTION OF THE BOARD OF TRUSTEES APPOINTING MEMBERS TO THE OPEN SPACE ADVISORY COMMITTEE with Patricia Dunham – June, 2018, Matt Morris – June, 2018 and Fiona Boger – June, 2018. Seconded by Trustee Hanson. Ayes – 4 (Cirelli, Dozal, Folsom, Hanson). Nays – 1 (Pennington). Abstain – 1 (Williams). Absent – 1 (Gourgouris). Motion carried.

Trustee Hanson moved to approve Resolution #R-29, Series 2015 A RESOLUTION OF THE BOARD OF TRUSTEES APPOINTING MEMBERS TO THE PARKS, RECREATION, OPEN SPACE AND TRAILS ADVISORY COMMITTEE with Sandie Hammerly, Peter Bottomley and Lindsay Boyle for 3 year terms – June, 2018 and Corbett Hoenninger for a two year term – June, 2017. Seconded by Trustee Cirelli. Ayes – 4 (Cirelli, Dozal, Folsom, Hanson). Nays – 1 (Pennington). Abstain – 1 (Williams). Absent – 1 (Gourgouris). Motion carried.

Trustee Cirelli moved to approve Resolution #R-30, Series 2015 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SUPERIOR APPOINTING MEMBERS TO THE SUPERIOR HISTORICAL COMMISSION with Mary Cartwright – June 2018; Jill Roberts – June, 2018, Walt Ackerman – June, 2018 and Katie Olson – June, 2017. Seconded by Trustee Hanson. Ayes – 5 (Cirelli, Dozal, Folsom, Hanson, Pennington). Abstain – 1 (Williams). Absent – 1 (Gourgouris). Motion carried.

Trustee Cirelli moved to approve Resolution #R-31, Series 2015 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SUPERIOR APPOINTING MEMBERS TO THE RECYCLING AND CONSERVATION ADVISORY COMMITTEE with Tanya Sun –

June, 2018. Seconded by Trustee Hanson. Ayes – 5 (Cirelli, Dozal, Folsom, Hanson, Pennington). Abstain – 1 (Williams). Absent – 1 (Gourgouris). Motion carried,

Adoption of Resolution appointing members to the Open Space Advisory Committee (OSAC), Parks, Recreation, Open Space and Trails Advisory Committee (PROSTAC), the Historical Commission and the Recycling and Conservation Advisory Committee (RCAC)

CONCEPT PLAN REVIEW FOR THE WIEHE PROPERTY (UNANNEXED) PROPERTY SOUTH OF MARSHALL ROAD AND WEST OF 76TH STREET AT 7494 MARSHALL DRIVE)

Carl Worthington, Nancy Blackwood and Everett Wiehe were present and Mr. Worthington gave a presentation of the Concept Plan for the potential senior citizen community they are planning that would be west of Costco.

Public comments were made by the following:  Donelle Slater, Boulder County resident, said they live next to this property and had not heard about this project before. However, there are all kinds of wildlife in that area. She thinks this is neat but is concerned about the access road as she doesn’t want to see traffic going along her property. She suggested the access be on 76th Street.  Jay Slater, Boulder County resident, said his comments echo Donelle’s but he is curious of the definition of medium density housing and he doesn’t know how many people that puts on a square foot or how it is calculated. That would be interesting to him.

Mr. Worthington thanked the Board on their support with this project and feels they received a lot of encouragement from the neighbors. He commented that these units are not apartments but only bedrooms.

Concept Plan Review for the Wiehe property (un-annexed property south of Marshall Road and west of 76th Street at 7494 Marshall Dr.)

CONTINUATION OF THE DISCUSSION OF POTENTIAL RECREATION SITES

Mayor Folsom said Mayor Pro-tem Williams and Trustee Hanson were not present at the last meeting where this item was discussed so it was brought back for more discussion.

Mr. Magley said what he heard from the Board’s discussion was not move forward with the study, however staff is going to continue to research facilities that have had enclosures done and the costs; look at the Town’s current site and see what the potential issues or opportunities are. One thing that wasn’t mentioned was the Town Center and to continue to figure out what is wanted as far as community amenities. Trustee Pennington said she wants to hear more about the modern day libraries. Trustee Hanson suggested that if the Board is maybe going to put something on the ballot then start doing something now about it – do a timeline like PROSTAC had recommended. If not, then let’s wait until 2018 but at least make a decision. Mr. Magley said maybe this could be discussed at the upcoming retreat.

Continuation of the discussion of potential recreation sites

ADJOURNMENT

Mayor Folsom adjourned the meeting at 9:33 p.m.

Adjourn regular meeting

READ AND APPROVED this 27th day of July, 2015.

______Clint Folsom, Mayor ATTEST:

______Phyllis L. Hardin, Town Clerk/Treasurer