TOWN OF MOUNTAIN VIEW REGULAR TOWN COUNCIL MEETING August 19, 2024 MINUTES  Note: This Meeting Agenda started at agenda item number nine (9) because the meeting followed a Workshop Meeting which contained agenda items one (1) through eight (8). No meeting minutes are created for workshop meetings.  9. Call to Order  Mayor Mitcham called the meeting to order at 7:41 p.m. in Town Hall, 4176 Benton  Street, Mountain View, Colorado.  10. Roll Call  Present: Mayor Emilie Mitcham, Council Member Leal Algiene, Mayor Pro Tem Kathleen Bailey, Council Member Laura Dennis, Council Member Brittany Loecher, Council Member Brent Metz, and Council Member Nancy Unger. A Quorum was Staff in attendance: Town Administrator John Beltrone, Town Attorney Austin Pierce Flanagan, Police Chief Michael Nesbitt, Public Works Coordinator David Nugent.  established.  11. Pledge of Allegiance 12. Consent Agenda A. B. C. D. E. F. G. H.  Those present stood and recited the Pledge of Allegiance.  The Consent Agenda consisted of Items 12A through 12K inclusive.  Agenda Approval  Minutes of. July 29, 2024 - Special Meeting Minutes of July 15, 2024 - Special Meeting Minutes of July 15, 2024 - Regular Meeting Minutes of May 20, 2024 = Regular Meeting Resolution No. 2024-08-19A - A Resolution Approving an Intergovernmental Agreement for a Coordinated Election with Jefferson Second Reading Ordinance No. 2024-07-15B - An Ordinance of the Town of Mountain View, Colorado Amending Section 11.01.050 of the Second Reading Ordinance No. 2024-07-15C- -A An Ordinance Amending Article 5 of Chapter 7 oft the Town Municipal Code Regarding  County  Municipal Code Related to Vision Triangles  Noisy Dogs  Note: Consent Agenda item letter / was accidentally omitted from the agenda.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 1 of11    J. K.  Second 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 Code Related to Fence Maintenance Second 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  Spa Code  The consent agenda was adopted unanimously by roll call vote.  Mayor Mitcham stated that because of interest from the community, the Public Hearing regarding the stormwater improvements would be next on the agenda, and then summarized the work to date on the Department ofl Local Affairs (DOLA) and American Rescue Plan Act (ARPA) funded curb and gutter work. She recognized prior Town leadership and Public Works employees for their roles in obtaining the DOLA grant prior to her term of office. She thanked Public Works Coordinator Nugent for his consistent help to manage the project over recent years and his reports each month in his packet. She also reminded the hearing participants that the newly adopted Comprehensive Plan, which had included a year of community outreach, contained many goals for systematic infrastructure improvements. Mayor Mitcham stated the curb and gutter work being discussed at the public hearing was only the beginning of the Town's plans for 15. General Business - Public Hearing - Post Award for the 2021 DOLA Storm Water Mayor Mitcham opened the public hearing for a post-award grant hearing at 7:47 p.m. Administrator Beltrone stated that the purpose of the hearing was to allow citizens to review and comment on the performance of the Town of Mountain View in carrying out their 2021 DOLA Storm Water Project, which was financed with federal Community Development Block Grant funds provided by the State of Colorado. Mayor Mitcham asked if the public hearing had been properly noticed. Administrator Beltrone stated that yes, a notice of public hearing sign was posted on the town website at tomv.org as well as at 4176 Benton Street on August 13th, 2024 per the posting Mayor Mitcham stated that the required public notice for tonight's public hearing was satisfied as stated, and evidence of such notice is on file with the Town Clerk. She then explained the order of the public hearing would include a presentation from Public  infrastructure improvements, and there would be more to come.  Project  requirement.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page2of11    Works Coordinator David Nugent and then the public would be able to speak on the Mayor Mitcham introduced Public Works Coordinator David Nugent, to make his Public Works Coordinator Nugent presented a PowerPoint on the 2021 DOLA Storm Water Project Presentation that was prepared by RG and Associates, LLC. He described the project scope as consisting of three areas. The first was work on the curbing along W4 41st Avenue. Repair of the drain chases at Ames and Benton, an addition of Americans with Disabilities Act (ADA) ramping plus a drain chase at Depew, and repair of the curb and gutters along West 41st Avenue were all completed. The next portion of the project was related to the lining of the. Ames Street storm line between W 43rd Avenue and W 44th Avenue. This included three point repairs of the storm drain and lining of the storm drain. Finally, 3700 linear feet of curb and gutter work was completed. The total amount spent on curb and gutter work amounted to $240,500 of the total project amount of $676,700. Coordinator Nugent also mentioned that $135,000 of ARPA funding was used to do an additional 2076 linear feet of curb and gutter work around town. Coordinator Nugent reported that there was not enough funding to complete all the curb and gutter work in town, unfortunately. The original list for curb and gutter work showed 3750 linear feet of curb and gutter to be repaired or installed from a list of repairs made in 2016. There was over 6000 linear feet of curb and gutter needing to be installed or repaired when the Town did a new list in mid-2023. Mayor Mitcham asked if any members of the public wished to give testimony. Jeff Kiddie of 4175 Benton Street asked when the work would be completed. He said there is still landscaping material flying around in the wind up there. Mr. Kiddie stated that the curb on Benton Street had been broken and it was not yet repaired. He asked if the bill had been paid in full even though the work was not yet completed. Mayor Mitcham stated that due to the nature of the public hearing and the community's right to have their questions answered, she would be allowing responses in the meeting for the public comment part of the public hearing, but that the other public comment sections in the meeting would abide by the rules to follow up with community members after the meeting, with answers to their questions. She then referred Mr. Kiddie's questions to Coordinator Nugent who stated that gravel had been placed on top of the landscaping material several weeks ago, and that portion of the work was now complete. There is a punch list of remaining items to be completed and he will be walking through each remaining item with the vendor, to address everything. The invoices are only paid for work that is completed and amounts are retained to cover  project.  presentation.  pending work.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 3of11    Mayor Mitcham asked if there was anyone else wishing to comment. There were no Mayor Mitcham asked if the Town had received any written comments. Administrator Kenda Hallihan of 4363 Eaton asked why some work was done on one side of Eaton Street but then the other side of Eaton Street, which had many places in need of repairs, was not touched, and the contractors moved on to Fenton Street. She also asked why the work had been done in the middle of the winter when everyone knows that concrete should not be poured when the temperatures are very low. Mayor Mitcham asked Coordinator Nugent to respond to the questions included in the written comments from Mrs. Hallihan. Coordinator Nugent explained that after the large section of Eaton Street had been completed, there was not enough funds to complete the other side of Eaton Street because it was a long section oft the curb that needed to be repaired. Whereas, he stated, Fenton Street was just exactly the right amount of curb to repair for the money left in the budget, SO the Town had used the funds on Fenton Street. His hope is that Council will budget more money in the future to finish the rest of the repairs. He said that it was true that the work had been done on some of the coldest days, but that the contractor had assured him it was okay because they had added a chemical to the concrete mix to help it set correctly and they had also covered the newly poured concrete with tarps to protect them from the weather. He was confident the work was done according to professional specifications.  more comments.  Beltrone read two comments:  Janet Randolph of 4309 Eaton Street wrote in to ask why there was such a long delay on the start of the project, if grant money had paid for the rocks that were placed on W 41st Avenue, why some sections of curbs that looked like they were fine had been replaced, and what was the date when the work will be completed entirely. Mayor Mitcham referred Ms. Randolph's questions to Coordinator Nugent, who stated that the delay starting the project had not been excessive and was due to the engineers' needs to refine and finalized plans, contract negotiations, and other things oft this nature. He confirmed that grant money had paid for the rocks placed on W 41st Avenue, and then he explained how some of the curbs had been in good shape but the gutter pans under them had been in very poor shape. In order to make the curb and the gutter pan match, there were places where a reasonably good curb had to be removed. Otherwise, Coordinator Nugent stated, the gutter pan would be raised to the correct height without the adjustment made to the curb, and it would block the way the water Mayor Mitcham asked if there was any further testimony from the public. There was  flowed, rather than guide it correctly down the street.  none.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 4 of11    Mayor Mitcham asked if the Council had any questions for staff on this matter. Council There being no further presentations or testimony, Mayor Mitcham closed the hearing at  thanked Coordinator Nugent for all his hard work.  8:11 p.m.  13. Resolution No. 2024-08-19B - A Resolution of the Town of Mountain View, Colorado Committing to Increase Affordable Housing Inventory by Three Percent Mayor Pro Tem Bailey made a motion to approve Resolution No. 2024-08-19B. It was Administrator Beltrone introduced the agenda item and stated that in 2022 Colorado voters passed Proposition 123 which created the Statewide Affordable Housing Fund. He stated that this resolution would allow the Town of Mountain View as well as residents, developers, and non-profits to access the funds. He mentioned that choosing to opt-in would also require the Town to increase the number of affordable housing units in Mountain View by six units over two years. He explained that this number was calculated by the state which considered Mountain View to have 70 units of affordable He stated that this number seems high because the state includes homes where owners have paid off their mortgages in the affordable calculation. Administrator Beltrone continued to explain that the state considers "affordable housing" to be a rental unit affordable to 60% or less of the area median income renters as well as the sale of units affordable to 100% or less of area median income buyers. Administrator Beltrone mentioned the possibility of Mountain View applying for a Local Planning Capacity Grant Discussion included questions about the process, how much flexibility was allowed when determining the goals for the Town, the repercussions for developers and Town if goals are not met, manner of determining that a property is being rented at an affordable rate, and eligibility in the future if the goals are not met. Town Attorney Flanagan stated that rentals had to be deed-restricted in order to count toward the goals for affordable housing. Council and Mayor questions were answered.  Annually or Six Percent Over the Next Two Years  seconded.  housing, presently.  ifCouncil opts-in.  The resolution passed unanimously by voice vote.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 5of11    14. Ordinance No. 2024-08-19A - An Ordinance Amending Chapter 8 of the Mountain View Municipal Code by the Addition of a New Article 5 to Establish an Automated Mayor Pro Tem Bailey made a motion to approve Ordinance No. 2024-08-19A. It was Administrator Beltrone introduced the agenda item, by expressing gratitude to staff and the Town Attorney for all the work that has gone into getting to this point. He stated that because Mountain View is one of the first in the state to pursue this technology, much time needs to be spent understanding and investigating all the different options in order He explained that Automated Vehicle Identification Systems (AVIS) included both photo radar speed cameras and red-light cameras, and stated that this ordinance authorizes a photo radar speed camera at W41st Avenue and Sheridan Boulevard. If the Town wants to add another speed camera or red-light camera in the future, another ordinance He said the project, if approved, will make a huge impact on speeding on Sheridan Administrator Beltrone added that staff are aiming to have the related speed camera software contract ready for council review at the September 9 meeting with the goal of Administrator Beltrone recommended the Council consider the Vision Zero Resolution which is on the Future Agenda Schedule to discuss later in the meeting. This is a nation-wide commitment to end fatalities and serious injuries on our streets, and could be a helpful way to communicate the goals of this program to the community. Council asked questions about the process, motorcycles, and the results of the radar trailer studies the police department has done. They expressed support for the goals of the program, agreeing that it will be very impactful and will be responsive to the  Vehicle Identification System  seconded.  tor make informed recommendations to Council.  specifying the location of those devices will need to be passed.  Boulevard.  turning on the speed camera in early October.  communities' concerns.  Chief Nesbitt stated that based on his conversations with Morrison Police Department, he would expect the Town will see a 40% reduction in speeding after six months of  having the equipment installed.  The motion was adopted unanimously via a roll call vote.  16. Public Comment Town Council Regular Meeting  Draft Minutes 08/19/24  Page 6 of11    Jeff Kiddie of 4175 Benton Street stated he was not in favor of burn regulations because some community members have smokers that could be considered open fires and banned erroneously. He also stated that some of the things Council is considering were already adopted many years ago, when he was on Council or was Mayor, and that it concerns him that these ordinances appear to be missing from the record. He said a Mr. Kiddie added that the Council needs to consider zoning regulations to restrict the size of houses in Mountain View. He said public hearings should be noticed with much larger signs that are more visible and apparent to the community, when it is time to have the zoning conversations. He stated that per the results of the community outreach for the Comprehensive Plan, Council needs to take seriously the need to provide design guidelines and establish a committee to help make these recommendations. The community is not happy with the newer houses being built in Town and wants Council to take action. He also stated that no residential developer should be allowed to participate in these decisions because it is a conflict of interest, and the Council Members should not be making a profit from the work they are doing. He said it is morally wrong, and Council should be doing this work because they love their community, not because they Melinda Plemel of 4160 Depew read her statement. She stated that she was speaking on behalf of herself and several neighbors regarding the increasing trend of overly large homes. She stated the large houses threaten the character and integrity of the Town and that the survey conducted last year indicated others felt similarly. The large homes disrupt and are out of scale with the surrounding properties and create jarring visual contrasts that detract from the Town's charm. In addition, the homes impose significant strain on our local infrastructure due to increased water usage, potential runoff issues, Recent problems during construction on a house on Depew included ruptures to the water, gas, and sewer, blocking people's access to their own homes, flooding a basement, and creating dangerous conditions for the neighbors where they were instructed to turn off everything and stay indoors. She said the larger buildings contribute to higher temperatures due to reduced vegetation and increased heat- absorbing surfaces, which she would expect to be a Town concern since the Town is providing trees to residents to reduce the urban island heat impact. Ms. Plemel stated that many residents fear the impact on property values and taxes. Homes that are out of character with the surrounding area may deter potential buyers, she stated. She pointed out there has been a very large new house sitting empty for just under a year. She also added it is difficult for people who have paid their mortgage and live on limited income but are faced with increased property taxes. She stated that  professional codifier needs to be involved in this work.  are making a profit.  and greater demand on utilities.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page7of11    property taxes have increased by 55% since the Town zoning laws were implemented She asked Council to consider zoning amendments to restrict the height of residential developments, implement design guidelines to promote harmony between the existing styles and new development, and establish a task force to include residents, Town officials, and developers who could participate in recommendations for future zoning decisions. Her goal is to ensure the voices of everyone in Mountain View are heard and considered in the planning process. She stated that given the significant impact the large homes are having on the community, she is urging the Council to consider placing at temporary moratorium on new construction that exceeds the current average home size in the Town. This would allow for more time to thoroughly review the zoning ordinances and potential adoption of new guidelines. She said she is speaking for many people and that others are afraid to come forward because they fear retaliation. Dodie Dosh of 4112 Benton agreed and said she was here to support the statements of Mr. Kiddie and Ms. Plemel. She also stated that there was plenty of room to hold large public meetings about the topic ofr re-zoning and house sizes, since much of the community has strong opinions about it and it will need to be discussed as part of the Comprehensive Plan work. She suggested that Council hold meetings at the church or Catherine Colwell of 4354 Chase agreed with Mr. Kiddie, Ms. Plemel, and Ms. Dosh. Lisa Maurath of Ames Street stated that she appreciated the community members who  in 2019.  outside in the park, SO everyone can attend comfortably.  have attended tonight, and she hopes they will stay engaged. Note: Agenda item number 17 was accidentally omitted from the agenda.  18. Staff Reports  A. Public Works Department  Public Works Coordinator Nugent provided an update. He stated the first Short-Term Rental (STR) inspection was completed, and that staff has been scheduling additional inspections. He also highlighted the stop sign lines that were painted throughout Town last week. Additionally, Town Hall internet has been upgraded as two Wi-Fi access ports were installed. He gave an update on the demolition of 4183/4185 Ames Street. The service contract has been sent to Mendoza Demolition for signature. State asbestos permits have been obtained. Demolition permits from SafeBuilt have been approved. Although a demolition date has not been scheduled, it should be completed Council had questions regarding recycling contamination rates and whether the system of communication to improve Town-wide recycling has been impactful; if there would be  soon.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 8 of11    an effort to salvage material in the structures to be demolished on 4183/4185 Ames; and what STR inspections consider. Coordinator Nugent replied that he would ask Summit Waste for an update on the recycling contamination efforts. He also explained that the STR inspections are done per the recently adopted Town Code and follow the safety guidelines and regulations of building code. Lastly, he stated the recycling of salvaged items from the demolition of 4183/4185 Ames Street was part of the contract with the demolition company who specifically have rights to salvage materials on the site, and make a point of doing sO, since there is value in the salvageable materials. Police Chief Michael Nesbitt provided an update by reviewing the memorandum included in the packet. He mentioned that staff had completed the Less Lethal Training and will soon be participating in a Carbine (Rifle) course. He also mentioned that National Night Out was a success with the attendance of over 250 people. Chief Nesbitt reported that there were 31 traffic eluding incidents, which consist of a large percentage oft the reported 241 traffic stops. Chief Nesbitt also praised Corporal Ranck for his work issuing ten DUIs this month and staff's work on the speed enforcement camera project.  B. Police Department  Council thanked Chief Nesbit for all his hard work.  C. Town Administrator  Town Administrator Beltrone provided an update by first thanking staff and Council for the work making the Town picnic a success. He discussed staff's recommendation to bring a Vision Zero resolution to the next meeting to help communicate the need for the automated vehicle identification system program. Administrator Beltrone mentioned that he had reviewed Town financials through July and that both general sales tax and marijuana sales tax trends continue to reflect what was reported in the mid-year financial review. Finally, Administrator Beltrone outlined the staff's short-term recommendations for 4193 Ames. Staff is considering the possibility of utilizing the garage and studio for operations space. Staff would also like to purchase some storage containers for the property to safely store police evidence and sensitive Town files. Additionally, staff is considering proposing the construction of a fence to separate the There is still a little more research to do before staff will know what options to recommend for certain, said Chief Nesbitt. In the meantime, Council agreed it was fine for staff to proceed with some preliminary efforts to tidy and ready the property for use. There will be time on the agenda at a later meeting for Council to make longer term Mayor Mitcham thanked staff for all their contributions to make the recent Town Picnic a  garage from the main house.  plans for both properties.  big success.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 9 of11    19. Council and Committee Reports A. Mayor's Report  Mayor Mitcham stated that thanks to the Town Administrator, she is now able to do more of her Mayoral duties. She shared her recent participation in the Colorado Municipal League (CML) and Cirsa training for Mayors. Thirteen Mayors from all over Colorado are participating in a nine-month Mayor's Leadership Academy, and she received a scholarship to participate. She said is itr really good training and she is happy to be able to bring what she learns back to Mountain View, where the community can benefit from the additional  professional training she is obtaining.  B. Events Committee  Council Member Loecher said thanks to all the hard work of staff, the Town Picnic was a very exciting and fun event for the community, and she has received a lot of positive feedback. She thanked Council Member Dennis for booking the band and said it had a big impact on the event. A total of 246 meal tickets were used and 116 drinks were sold. She also thanked the volunteers for helping and said that it was nice to see that community members of all different ages had something fun to do and made friends at the picnic. The goals of building a safer community through great events are  coming to fruition!  C. Historical Mountain View Committee  Mayor Pro Tem Bailey said her report was in the packet.  20. Future Agenda Schedule  Council agreed unanimously to extend the time of the meeting past the three- Administrator Beltrone went over the preliminary agenda for September gth and discussed his recommendation for the Vision Zero Resolution at this meeting. Council agreed to include it, as well as the burning regulations and the right-of- way parking for unregistered vehicles that had both been covered in tonight's Council discussion included the retreat in January, the need for public comments to be heard in a welcome setting, plus how community members can learn the answers to public comments since staff do not respond to questions during the meetings. An open records request is one way but there are also less formal ways for the community to hear more from Council and staff. For example, the Town Administrator said that staff is always listening for the needs of the community and will try to summarize for the record or update in reports when  hour time permitted by the Rules, and discussion continued.  workshop.  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 10of11    there are messages that need to be shared. Community members who need additional assistance getting their agenda packet from Town should be encouraged to ask for this help. Mayor Mitcham said she would be happy to bring a printed copy to anyone who requests it, and currently over 80 community Administrator Beltrone reviewed all future agenda items and asked for any updates. Council suggested more enforcement oft the Town Code regarding door-to-door solicitation and asked staff to be responsive to the public comments by making public notice signs more visible and accessible. Administrator Beltrone committed to providing updates on both topics at the next council meeting.  members receive the packet via email.  21. Adjournment  There being no further business to come before the Town Council, it was  adjourned at 9:42 p.m.  Smmlmhahln  John Interim' Jown Clerk Q  Emilie Mitcham Mayor  OIREAN INCORPORATED SEAL 1904 CORCOLARNA  o3  Town Council Regular Meeting  Draft Minutes 08/19/24  Page 11 of11