TOWN OF PARKER COUNCIL MINUTES SEPTEMBER 18, 2017 Mayor Mike Waid called the meeting to order at 6: 19 p.m. All Councilmembers were present. Town Attorney Jim Maloney announced that the topics for discussion in Executive Session were three ( 3) items. Under C.R. S. 24-6- 402( 4)( b) there were two ( 2) items to receive legal advice on specific legal questions on specific legal matters, the first was concerning Section 13. 06. 050 of the Parker Municipal Code ( off-street parking regulations for hotel uses), the second was Section 26A Douglas County Appeal Standards and Procedures ( proposed Compark transfer station); and there was one ( 1) item to consider personnel matters, pursuant to C.R.S. 24-6-402(4)(f) which was the Town Administrator Agreement. EXECUTIVE SESSION Josh Martin moved and Josh Rivero seconded to go into Executive Session at 6: 20 p. m. to hold a conference with the Town' s attorney to receive legal advice on specific legal questions pursuant to C.R.S. 24-6- 402( 4)( b) and to consider personnel matters, pursuant to C.R.S. 24-6- 402( 4)(f). Debbie Lewis moved and John Diak seconded to recess the Executive Session at 7: 09 p.m. REGULAR MEETING Mayor Waid reconvened the meeting at 7: 13 p. m. Children from the audience led the Town Council and audience in the Pledge of Allegiance. SPECIAL PRESENTATIONS Jan Gordon with the Special Olympics announced that Parker Police Department was selected as the 2017 Law Enforcement Agency of the Year, Special Olympics Hall of Fame The coloring contest winners for the Cities and Towns Week were recognized and presented with a certificate. Winners were Michelle Ma, Avery Ruth, and Michael Ma. They will get to attend a lunch with the Mayor. PARKER CHAMBER OF COMMERCE UPDATES Dennis Houston reported on the Wine Walk, the Movies in the Park, and the reorganization of the young professionals group. PUBLIC COMMENTS Jamie Vandergrit with the Citizen Climate Lobby invited Council to The Colorado Energy Freedom Tour on October 21, 2017, from 2 to 4 p.m., at the Parker Library. REPORTS, ITEMS AND COMMENTS FROM MAYOR AND COUNCIL Council provided brief updates on the meetings they attended since the last Town Council meeting.
2 09/ 18/ 17 CONSENT AGENDA A. INTENTIONALLY LEFT BLANK B. ORDINANCE NO. 5.32. 4 - First Reading A Billfor an Ordinance to Amend Section 10.01.020(a) of the Parker Municipal Code Concerning Removal of Snow and Ice from Sidewalk Engineering, Chris Hudson Second Reading: October 2, 2017 C. ORDINANCE NO. 9.204. 2 - First Reading A Billfor an Ordinance to Approve the Second Amendment to the Snow Removal Intergovernmental Agreement By and between the Town ofparker and the Commissioners of Douglas County Engineering, Chris Hudson Second Reading: October 2, 2017 D. RESOLUTION NO. 17-051 A Resolution Accepting the Conveyance of a Drainage Easement from Nicks Investments LLCfor Tract A, Compark Village Filing No. 3, Amendment No. 2 Engineering, Tyler Sandt E. RESOLUTION NO. 17-048 A Resolution To Amend Resolution No. 11-019, Series of2011, Concerning Truck Routesfor the Town of Parker Engineering, Chris Hudson F. RESOLUTION NO. 17-049 A Resolution To Approve the September 2017 Snowplowing and Ice Control Policy Engineering, Chris Hudson G. RESOLUTION NO. 17-050 A Resolution to Approve the Submission of Non- Tributary Ground Water Consent Landownership Statements to the Parker Water and Sanitation District Petition for the Keeson Open Space Property Town Attorney, Jim Maloney H. CONTRACTS ABOVE$ 100, 000 Employment Agreement for the Town Administrator Town Attorney, Jim Maloney L PROCLAMATION Constitution Week Town Council Joshua Rivero moved and Renee Williams seconded to approve Consent Agenda Items 6A through 6I excluding 6H. The motion was approved unanimously.
3 09/ 18/ 17 Joshua Rivero asked that Section 3e of item 6H be amended with replacement language to Paragraph 3e of the Town Administrator' s Agreement. Joshua Rivero moved to approve Item 6H as amended and Renee Williams seconded the motion. TOWN ADMINISTRATOR The Town Administrator' s Report was included in the packet for review. Town Administrator Kivela reported she had met with Dennis Houston from the Parker Chamber of Commerce as well as the County Administrator Doug Deborg of Douglas County. PUBLIC HEARINGS VERIZON COMMERCIAL MOBILE RADIO SERVICES (CMRS) FACILITY Use by Special Review Applicant: Location: Retherford Enterprises Parker Pavilions F1 Lot 3A Community Development, Carolyn Parkinson 7: 44 p. m. Retherford Enterprises, on behalf of Verizon Wireless, is requesting approval of a Use by Special Review ( UbSR) to establish a freestanding Verizon Wireless Commercial Mobile Radio Services CMRS) facility at 11315A S. Parker Road on Lot 3A of Parker Pavilions Fl. The parcel is located east of Pavilion Drive and north of Twenty Mile Road near Home Depot and Walmart. The applicant proposed a 392 square- foot equipment enclosure near the base of the existing PSCO utility tower to which the new antennas and equipment will be attached. The equipment enclosure will be eight- feet tall and constructed of split- face Concrete Masonry Units ( CMU) clad with decorative masonry to match the adjacent commercial buildings. Landscape screening is limited by the applicant's lease with PSCO. Eight new shrubs will be added to the southern wall of the enclosure. All mounted equipment will be painted to match the existing PSCO utility pole. Applicant Larry Otterstien representing the applicant had nothing to add to the presentation. Public Comment None The Public Hearing was closed at 7: 50 p.m. Joshua Rivero moved to approve, based upon staff findings, with the following conditions contained in the staff report: 1. The UbSR materials dated July 31, 2017, and submitted to the Community Development Department on September 5, 2017. shall be the approved Use by Special Review materials. ANY ALTERATION, MODIFICATION, SUBSTITUTION, OR REVISION INCLUDING (BUT NOT LIMITED TO) COLORS, MATERIALS, BUILDING PLACEMENT, MASSING OR SITE
4 09/ 18/ 17 ACCESS SHALL BE AT THE DISCRETION OF THE COMMUNITY DEVELOPMENT DIRECTOR, WHO RESERVES THE RIGHT TO REQUIRE SAID PROPOSED CHANGES TO BE REVIEWED AND APPROVED BY THE PLANNING COMMISSION. 2. THIS APPROVAL SHALL EXPIRE TWELVE ( 12) MONTHS AFTER THE DATE OF APPROVAL UNLESS GRADING PERMITS HAVE BEEN ISSUED. The Community Development Director, upon written request, may grant a 90- day extension. 3. Approval of this UbSR DOES NOT constitute building permit approval. A separate building permit is required. The motion was seconded by Amy Holland. The motion was passed unanimously. ORDINANCE NO. 5.35. 4 Second Reading A Bill for an Ordinance Amending Title 7 of the Parker Municipal Code Revising Penalties for Misuse of a Wireless Telephone While Driving and Prohibiting Driving Under Restraint in Conformance with 2017 State Legislation Town Attorney, Jim Maloney SB1 7-027 and HB1 7-1162 ( the " Amendments") made two (2) changes to the Model Traffic Code, which has been adopted by the Town. In order for the Town to implement the Amendments, the Town Council will need to adopt the Amendments by ordinance. HB 17-1162 changed the penalty for driving with a license that is restricted by an outstanding judgment from a penalty that was six ( 6) months in jail and a$ 500 fine to a 3- point traffic violation and a$ 500 fine. SB 17-027 makes it a violation for a person under the age of eighteen ( 18) from using a wireless telephone while operating a motor vehicle. Additionally, a person that is eighteen ( 18) years of age or older may not be cited for text messaging while driving, unless the driver was operating the motor vehicle in a careless and imprudent manner. SB 17-027 increases the penalty to $ 300 ( was $ 100) and 4 points ( was 1 point) for each offense. Public Comment None Amy Holland moved to approve Ordinance No. 5. 35. 4 on second reading. Debbie Lewis seconded the motion. ORDINANCE NO. 9.270 Second Reading A Bill for an Ordinance to Approve the Intergovernmental Terms of Use for the Douglas County Emergency Vehicle Operations Course By and Between the Town of Parker and the County of Douglas, State of Colorado Police, Chris Peters The agreement is required by the Highlands Ranch Police Academy, of which we currently send our Sponsorship recruits to for POST certification. The academy has recently built a driving track on
5 09/ 18/ 17 their property and they have asked that for our recruits and any member to use the facility that we enter into this agreement. Public Comment None Josh Martin moved to approve Ordinance No. 9.270 on second reading. Amy Holland seconded the motion. ORDINANCE NO. 1. 504 Second Reading A Bill for an Ordinance to Vacate a Drainage Easement on Real Property Owned by Compark Land Company, Pursuant to Section 13.07. 120( c)( 5) of the Parker Municipal Code Engineering, Alex Mestdagh This ordinance vacates a drainage easement previously dedicated to the Town by Compark Land Company. The configuration of the stormwater detention pond intended within this easement has since changed, and a new easement covering the revised pond area has been dedicated to the Town, so the original easement is no longer necessary. Public Comment None Josh Martin moved to approve Ordinance No. 1. 504 on second reading. Joshua Rivero seconded the motion. ORDINANCE NO. 1. 505 Second Reading A Bill for an Ordinance to Vacate a Drainage Easement on Real Property Owned by Compark Business Campus Metropolitan District, Pursuant to Section 13. 07. 120( C)( 5) of the Parker Municipal Code Engineering, Alex Mestdagh This ordinance vacates a drainage easement previously dedicated to the Town by Compark Business Campus Metro District for the Compark Village Filing No. 7 development. The configuration of the storm sewer pipe intended for this easement has since been revised, and a new easement covering the revised alignment has been dedicated to the Town, so the original easement is no longer necessary. Public Comment None Amy Holland moved to approve Ordinance No. 1. 505 on second reading. Josh Martin seconded the motion.
6 09/ 18/ 17 ORDINANCE NO. 5. 28.22 Second Reading A Bill for an Ordinance to Amend Chapter 5. 02 of the Parker Municipal Code Concerning Authorization for Administrative Approvals for Certain Liquor License Applications Town Attorney, Jim Maloney The Parker Special Licensing Authority (the " Authority") is recommending that the Town's Clerks Office be authorized to administratively approve certain liquor licensing functions. This ordinance would amend the Parker Municipal Code to administratively approve certain liquor licensing applications. The applications are divided into two general categories in the ordinance: ( a) those applications ( such as renewals) where the Town Clerk may have derogatory information in the file, triggering Authority consideration as opposed to administrative approval; and ( b) those applications such as modification of premises) that would not have derogatory information in the file, but which by their nature allow the Town Clerk discretion to seek Authority approval if the Town Clerk determines such consideration is necessary based on the nature of the application. Currently, the licensing functions for which administrative approval would be authorized if the ordinance is adopted, are typically approved by the Authority as part of the Authority' s consent agenda. Public Comment None Joshua Rivero moved to approve Ordinance No. 5. 28. 22 on second reading. Josh Martin seconded the motion. Renee Williams moved and Amy Holland seconded to reconvene the Executive Session at 8: 09 p.m. John Diak left before hearing the last item. Debbie Lewis moved and Amy Holland seconded to adjourn the Executive Session at 8: 16 p. m. Josh Martin moved and Debbie Lewis seconded the motion to adjourn the regular Town Council meeting at 8: 16 p.m. Chris Vanderpool, DeputyTow Clerk Mike Waid, Mayor