TOWN OF MOUNTAIN VIEW REGULAR TOWN COUNCIL MEETING July 15, 2024 MINUTES  1. Call to Order  Mayor Mitcham called the meeting to order at 6:30 p.m. in Town Hall, 4176 Benton  Street, Mountain View, Colorado. 2. Pledge of Allegiance  Those present stood and recited the Pledge of Allegiance.  3. Roll Call  Present: Mayor Emilie Mitcham, Council Member Leal Algiene, Mayor Pro Tem Kathleen Bailey, Council Member Laura Dennis, Council Member Brittany Loecher, and Staff in attendance: Town Administrator John Beltrone, Town Attorney Austin Pierce Flanagan, Police Chief Michael Nesbitt, Public Works Coordinator David Nugent  Council Member Brent Metz. A Quorum was established.  4. Consent Agenda  The Consent Agenda consisted of Items 4A through 4C inclusive. B.Minutes of. June 3, 2024 - Regular Meeting  A.Agenda Approval  C.Resolution 2024-07-15B - A Resolution of the Town of Mountain View, Colorado Establishing Fees for Short-Term Rental (STR) Inspections  The consent agenda was adopted unanimously by roll call.  5. 2023 Audit Presentation  Ronnie Farmer, Auditor, rfarmer Ilc  Lorraine Trotter, Professional Management Solutions  Mayor Mitcham introduced Lorraine Trotter and Ronnie Farmer and thanked them for their presence. Mr. Farmer stated that the audit went well and there was no concerning financial activity. The Town is in good financial shape. He appreciates staff time and effort getting thei information together for the audit. Mayor, Council, and Ms. Trotter thanked Mr. Farmer for his work. Ms. Trotter provided a summary of the Council's fiduciary responsibilties, and then stated the Town's net position at the end of 2023 was over seven million dollars because current liabilities were much lower than the Town's current assets. The amounts spent in 2023, which drew down on the Town's cash reserves went to improve the Town's facilities and infrastructure, as well as the purchase of property. Operating revenues financed the Town's operating expenses and    capital projects in 2023, and the ending fund balance is significantly more than the year's total expenses. She and Mr. Farmer reviewed each of the funds, charges for services, grants and loans, long-term debt, enterprise fund benefits and rules, and the  pension plans. Council questions were answered.  6. Mid-Year Budget Review = Town Administrator John Beltrone  Administrator Beltrone reviewed the Town's finances for 2024 within the context of several years of data, now that the year is half-way through. He stated things have been going according to plan, but emphasized the need to make adjustments to Town spending due to the regional decrease in recreational marijuana revenue and its impact on expected revenue. He suggested it is more prudent to remove grants and interest income from anticipated revenue since neither can be relied on in the future. Administrator Beltrone pointed out that as the reserves are spent down to make investments in the Town's infrastructure, and if interest rates change, the income from interest will decrease. Likewise, grants are usually short-term influxes of revenue and He showed Council comparisons of the Town's expenses verses revenues, between 2021 and late 2022, pointing out that expenses exceeded revenues in late 2022. The reasons for this change was the decrease in recreational marijuana revenue in addition to an increase in Town wages following the Prevailing Wage Policy implementation, along with a general increase in interest rates for pensions and health insurance. To preserve the $3.5 million in reserves and in order to invest those funds into the goals oft the recently adopted Comprehensive Plan, Administrator Beltrone recommended a combination ofi increasing operating revenue and decreasing operating expenses. This would mean not hiring a new Town Clerk immediately and potentially installing automatic ticketing machines onto the Town's streets to also coincide with the Council and community goals ofi increasing the safety of Town streets. Mayor and Council thanked Administrator Beltrone for his work in compiling this information and developing solutions. Council discussion included questions regarding automatic ticketing, how it will improve safety, how it is operated in Morrison, and the Administrator Beltrone spoke to the hiring freeze for a Town Clerk position, stating it would be prudent to reshuffle operating procedures until staff can evaluate automated ticketing processes and impacts to the Town. Mayor Mitcham stated that a pause on hiring additional police officers is also recommended. Council discussed potential impacts of these changes, then indicated their approval to move forward with investigating this plan of action. Council stated they look forward to hearing more from  not ongoing.  current state of speeding in Mountain View.  staff as more information becomes available.    7. Public Hearing  First Reading = Ordinance No. 2024-07-15A - An Ordinance Amending Chapter 18 of the Town Municipal Code to Adopt the 2021 Versions of the International Building Code, Energy Conservation Code, Fire Code, Mechanical Code, Plumbing Code, Existing Building Code, International Residential Code, and International Swimming Pool and Mayor Pro Tem Bailey made a motion to adopt Ordinance No. 2023-3-20C. Itwas Mayor Mitcham opened the Public Hearing for Ordinance No. 2024-07-15A at 7:26 p.m. and stated the hearing was properly noticed by posting on the Town website and the bulletin boards. The Town Clerk's office would maintain a record of this proper  Spa Code seconded.  notification.  Administrator Beltrone shared an overview of the 2021 Building Codes and the process for developing the recommendations for Mountain View. Council discussion included accessory structures and building code permits for prefabricated structures. Mayor Mitcham opened up the Public Comment period for the agenda item. There were Mayor Mitcham closed the public hearing at 7:33 p.m. and asked if there was any other  no public comments.  discussion from Council. There was no further discussion. The motion was adopted unanimously via a roll call vote.  8. Second Reading Ordinance No. 2024-06-03A - An Ordinance Referring to Voters Proposed Charter. Amendments, Calling a Special Election on November 5, 2024, to be Coordinated with Jefferson County, and Ordering Publication of Notice of the Proposed Mayor Pro Tem Bailey made a motion to adopt Resolution No. 2023-06-03A. It was Mayor Mitcham highlighted non-substantive changes from the first reading which included adding the Oxford comma throughout, as well as correcting some minor typos. She also called Council's attention to the two separate red-lines in the packet, one for  Charter Amendments seconded.  each ballot question. Council had no questions.  The ordinance was adopted unanimously by roll call vote.    9. Break - Mayor Mitcham called for a break at 7:35 p.m. and reconvened the meeting 10. First Reading- Ordinance No. 2024-07-15B - An Ordinance of the Town of Mountain View, Colorado Amending Section 11.01.050 of the Municipal Code Related Mayor Pro Tem Bailey made a motion to adopt Resolution No. 2023-06-03A. It was Administrator Beltrone introduced the ordinance proposing a vision clearance triangle at every street, alley, and driveway intersection in Town. He reviewed the specifics for each of the different types ofi intersections, shared the maximum fines, and mentioned that there is also a procedure for handling the removal of the objects blocking those vision triangles, should the Town need to go down that path. Town Attorney Flanagan Council discussion included enforcement mechanisms, the Colorado Model Traffic Code, signage verses painting curbs to indicate parking restrictions, the impact on reducing parking at driveways, and safety around dumpsters in the street even if they Administrator Beltrone praised the ordinance for its clarity and called attention to the fact that the proposed ordinance does not specify any prohibited obstructions, but instead carves out a measured space where any items cannot be situated because of safety concerns created by blocking the view at intersections. He discussed staff implementation based on the individual situations at different areas in Town. Mayor Mitcham thanked everyone for their hard work on this topic. The ordinance was adopted unanimously by roll call vote. Chapter 7 oft the Town Municipal Code Regarding Noisy Dogs  at 7:46 p.m.  to Vision Triangles seconded.  stated that he made minor changes for legal consistency.  are further from five feet from driveways.  11. First Reading- Ordinance No. 2024-07-15C - An Ordinance Amending Article 5 of Mayor Pro Tem Bailey made a motion to adopt Resolution No. 2023-06-03A. It was Chief Nesbitt shared the ordinance and the draft administrative procedures. He stated it helps solve some of the problems with the prior code. Administrator Beltrone called attention to the clarity of the language and the value of having the steps for enforcement Council discussion included questions about the processes for noise depending on whether the noise comes from a barking dog or a loud party, burden of proof, maximum fines allowed, other penalties for violations, classes for dog ownership, removing the  seconded.  written out.    dog from the home, the role of the Judge in managing the penalties, Jefferson County Council thanked staff and the Town Attorney for their work on this ordinance and  Animal Control, and education for the community.  administrative procedures.  The ordinance was adopted unanimously by roll call vote.  12. First Reading- Ordinance No. 2024-07-15D - An Ordinance Amending Sections 16.02.030, 16.04.040, 16.05.040, 16.06.050, and 16.09.040 of the Town Municipal Mayor Pro Tem Bailey made a motion to adopt Resolution No. 2024-07-15D. It was Public Works Coordinator Nugent introduced the resolution, stating there is currently nothing in Town Code to allow the Town to require property owners to repair their fences, ort to require them to be repaired in a structurally sound way. Coordinator Council discussion included what percentage of the fence should be allowed to be repaired each year without having to obtain a permit, minor repairs, and unsafe fences.  Code Related to Fence Maintenance  seconded.  Nugent stated that this proposed code corrects that situation.  The ordinance was adopted unanimously by roll call vote.  13. Resolution 2024-07-15C - A Resolution of the Town of Mountain View, Mayor Pro Tem Bailey made a motion to adopt Resolution No. 2024-07-15C. It was Administrator Beltrone introduced the resolution and stated that currently a fence permit costs community members $200 and includes the cost of the inspection. Based on the feedback from Council at the prior workshop on the topic, the prior ordinance allows for minor repairs to be completed without a permit, making them free for residents. Minor repairs are defined as repairs to 25% or less of the fence. The hope was that this language in the ordinance regarding fence repairs would sufficiently bring down the cost for minor repairs, sO that the price of permits would not need to be subsidized. The staff time involved in processing a fence permit and then following it up with an inspection is proportionally equivalent to $200, on average, all things taken into account. Council discussion included the practice of subsidizing the fees for residents when the work being done benefits only a single property owner; the time it takes to apply for a permit application and inspection; the cost as a deterrence to replacing the fences; the impact of the size oft the fence on staff time; variability of staff time per each application;  Colorado Updating Fence Permit Fees  seconded.    staff's efforts to communicate the process for community members; the cost to community members who are required to replace fences and then have to pay additional fees for the permit and inspection; costs for different sizes ofi fences verses a flat fee; case law around the issue; the need to have all fees be roughly proportional to the cost of administering the service across the board; essential needs for permits; reasons for split fees and why the Town uses an averaged number; what the workload is for staff to inspect; professionalism as a goal; the definition of subsidizing; what other municipalities do; and sharing resources of staff time by averaging the cost. Council Member Metz made a motion to postpone indefinitely Resolution No. 2024-07-  15C. Ity was seconded.  The motion was approved unanimously by voice vote.  14. Resolution 2024-07-15D - A Resolution of the Town of Mountain View, Colorado Creating and Allocating Funds for the Sidewalk Repair Program Mayor Pro Tem Bailey made a motion to adopt Resolution No. 2024-07-15D. Itwas Public Works Coordinator Nugent introduced the resolution and said that sidewalk and driveway apron repair program for the last couple of years has been a big success. He reviewed the prior years' programs and said a total of $30,000 had initially been designated to help incentivize sidewalk repairs and give financial assistance where needed. The grant program used $17,631. The total repairs cost $46,419, which had replaced or repaired 104 panels and almost 4,000 square feet of concrete work The vision for the 2024 program is to set aside $15,000 for those who qualify for the grant program, he stated. The proposal is to also continue the Share Program, which waives the permit and inspection fees for property owners who allow the Town to manage the work. This creates efficiencies in the system and ensures the work is done to code. More efficiencies are created by organizing the work by street. Coordinator Nugent stated that he believes the remainder of repairs in Town are still very substantial, and that the prior years' repairs were following a list made in 2017. Council discussion included unanimous support for the Share Program. However, there was much discussion about the grant program and whether it was the right thing to do, now that the Town is looking for ways cut back on expenditures. Council discussion recognized sidewalks are a shared resource which benefit everyone even though the adjacent property owner is responsible for their maintenance and repair. Council discussed how much the Town should spend paying for sidewalks when that there is not enough money in the budget to fill all the Police Department positions. Much discussion was had about cash reserves, the difference between operating expenses and capital expenses, accomplishing the goals of the Comprehensive Plan, the problem  seconded.  completed.    of deferred maintenance, whether the sidewalk repair program would end at some point or be an ongoing expense to the Town, the requested amount in comparison to the cash reserves currently being held in savings by the Town, the needs of the community, the cost of home ownership, use oft the sidewalks when someone is in a wheelchair or using an oxygen tank or a stroller, the gratitude of residents when they really need assistance and they receive a grant, as well as the difference of opinions and how it is Administrator Beltrone shared that in the future, staff hopes to have a full assessment of all the infrastructure needs of the Town, and the sidewalks will possibly be a part of that plan, although they are somewhat different since they are the responsibility of the Town Attorney Flanagan suggested that if the Share Program is the only part of the proposed program to move forward, staff would need time to reword the resolution After much discussion, the motion was adopted via a roll call vote, by a 3t to 2 vote with Council Member Algiene, Mayor Pro Tem Bailey, and Council Member Dennis, voting in  okay for members of Council to have differences of opinion.  adjacent property owners.  appropriately.  favor and Council Members Loecher and Metz voting against. 15. General Business = Potential Property Purchase including the need for an appraisal and direction for staff.  Administrator Beltrone introduced the agenda item by describing the property in question and sharing the general details of the potential purchase and sale agreement Council discussion included the reasons why it might be wise to make this purchase, the value of the structures on the property, how buying this particular property would allow the Town to diversify income, and would also create flexibility for the plan to update or remodel the Town Hall and the park. Council agreed to move forward with the proposed plan and expressed appreciation for the effort Administrator Beltrone had already put into the concept. Council stated they looked forward to seeing a purchase  and sale agreement and making a decision at that point.  16. Public Comment  Community member Tom Robinson stated he was very impressed by the high quality of all the applicants for the vacancy earlier in the evening. He also spoke in favor of ending subsidies for fence permits but keeping subsidies for sidewalks because they are a shared resource and help make the Town as a whole better. Lastly, he encouraged the Town to buy the property on the corner of Ames and' W43rd Avenue because itis is a  good investment fori the Town.    17. Staff Reports  A. Town Administrator  Town Administrator Beltrone reported that, in response to Council's request to address some of the dog problems that the community had encountered during Town events, upcoming events will include signage that says, Love 'em and leash 'em." The idea is to create a gentle reminder that this is a pet owner's responsibility. The hope is this will help with dogs who are out of  control at community events. B. Police Department  Chief Nesbitt shared a summary of a recent crime in town. It appears to be random and the Police Department is working hard on the case. Ofc. Colman was involved in a traffic accident and it appears the car was totaled. It was not Ofc. Colman's fault and he is not seriously injured. He also gave a summary of upcoming trainings for the department, as well as several upcoming community events. Council questions were answered.  C. Public Works Department  Public Works Coordinator Nugent reported details of the Enforcement work of the department, updated the numbers for how many trees have been planted this year, and gave special recognition to the Public Works Assistant, Miles Horne, who handled the program. Corrdinator Nugent stated he did an outstanding job. He also shared progress on fixing potholes as well as the plan to paint lines at stop signs, to help remind drivers that there is a need to stop at the intersection. There are a total of3 32 stop signs that need lines He reported the fencing has gone up around the Town's Ames Street property Lastly, Coordinator Nugent stated that Public Works is working to figure out who will be responsible for helping the Town's residents with the necessary lead pipe replacements. He will share when he knows more. Council  painted.  in order to get ready for the demolition of the two structures.  questions were answered.  18. Council and Committee Reports  A. Events Committee: Council Member Loecher encouraged everyone to come to the upcoming Movie Night, the MVPD Community Forum, National Night Out, and the Picnic on August 17th. She also addressed the idea of creating a Council table at events to provide an "Ask a Council Member" feature at different events. Council discussion ensued and it was agreed to continue to B. Historical Mountain View: Mayor Pro Tem Bailey shared a few more details  consider the idea for the future. about the report that was in the packet.    19. Future Agenda Schedule  Administrator Beltrone worked to schedule a Special Meeting to consider a sale and purchase agreement for the property discussed earlier in the meeting. Administrator Beltrone reviewed all future agenda items and asked for any updates. Council discussed future meeting dates for the upcoming meetings. September meeting was combined. He also listed two new subjects for  workshops.  20. Regular Meeting Adjournment  There being no further business to come before the Town Council, it was adjourned at  9:44 p.m.  Gblhdher Emilie Mitcham Mayor  John Interim  bri 5 3 SEAL 1904 R PON COL  9