TOWN OF MOUNTAIN VIEW REGULAR TOWN COUNCIL MEETING October 21, 2024 MINUTES  Note: This Meeting Agenda started at agenda item number five (5) because the meeting followed a Workshop Meeting which contained agenda items one (1) through four (4).  No meeting minutes are created for workshop meetings.  5. Call to Order  Mayor Mitcham called the meeting to order at 8:13 p.m. in Town Hall, 4176 Benton  Street, Mountain View, Colorado.  6. 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, Town  Council Member Nancy Unger. A quorum was established.  Planner, Travis Reynolds. 7.F Pledge of Allegiance 8. Consent Agenda  Those present stood and recited the Pledge of Allegiance.  Mayor Mitcham asked for approval of the consent agenda without agenda item A, due  toa Council Member request to amend the agenda.  The Consent Agenda consisted of Items 8B through 8E inclusive. B.Minutes of September 9, 2024 - Regular Meeting  C.Second Reading - Ordinance No 2024-09-09A - An Ordinance Amending Chapter 8 of the Mountain View Municipal Code by the Addition of a New Article 4 Regarding Vehicle Registration and Driver Licensure get from last D.Second Reading - Ordinance No. 2024-09-09B - An Ordinance Amending Chapters 7 and 11 of the Mountain View Municipal Code Regarding Fire E.Second Reading - Ordinance No. 2024-09-09C - An Ordinance Amending Article 1 of Chapter 17 of the Mountain View Municipal Code by the Addition  packet Restrictions  ofa a New Section Regarding Addressing  Mayor Pro Tem Bailey moved to approve the amended Consent Agenda, as amended.  It was seconded.    Motion passed unanimously by roll-call vote.  8.A. Agenda Approval  Council Member Algiene made a motion to amend the agenda by moving the Public Comment period to the top oft the agenda. It was seconded. After brief discussion, Council Member Algiene amended her motion to move the Public Comment agenda item 17 to agenda item 10. The motion was seconded and approved unanimously by Mayor Pro Tem Bailey made a motion to approve the agenda, as amended. It was The Agenda Approval, as amended, was adopted unanimously by voice vote. 9. Resolution No. 2024-10-21A = A Resolution of the Town of Mountain View Adopting Mayor Pro Tem Bailey made a motion to approve Resolution No. 2024-10-21A. Itv was Mayor Mitcham introduced the Resolution and stated that this Resolution was a short- term solution brought about due to advice from other municipalities. The goal was to protect the Town from zoom-Dombing similar to what other municipalities had recently experienced. She stated that the Council will consider more long-term and comprehensive public comment rules at their January retreat.  voice vote. seconded.  Public Comment Rules seconded.  Council agreed on the need to encourage and accommodate residents' ability to speak freely about Town issues, while trying to limit the likelihood of a filibuster of the meeting by those outside of the community, without infringing on people's rights. Mayor Mitcham encouraged residents to write and send in their comments if they do not have a camera to turn on for a zoom comment and attend her Mayor's office hours which are designed as less formal ways for residents to share their thoughts. Discussion also included privacy concerns regarding the requirement to share home Mayor Pro Tem Bailey moved to amend the resolution to require Town residency information rather than specific address information. It was seconded. The amended resolution passed by voice vote 4-1. Council Members Bailey, Dennis, Loecher, and Unger voted yes. Council Member Algiene voted no.  addresses.    10. Public Comment  Town resident Seneca Pelton's statement was read by staff. He stated he is not in favor of a moratorium and believes that building permits should continue to be issued while the community works out the problems the moratorium is designed to address. Town resident Jeff Kiddie expressed disapproval of the moratorium ordinance as iti is drafted and on the agenda, and included his advice from his experience as a prior Town resident Melinda Plemel stated the petition for the moratorium was not aimed at stopping all building permits, and it was unfortunate that the original intent of the petition community members put forth was not captured in the moratorium that was drafted. She fears the Town has failed to protect the residents from houses that are outside of the scope of what is allowed by Town Code. She said the goal is to have a conversation and a better understanding, and to work together as a community. She does not want the moratorium to fail due to the request being misrepresented. She hoped the ordinance for the moratorium would get amended to more accurately reflect community Town resident Dodie Dosh encouraged passing the moratorium to prevent more big buildings from being built. She does not want to see any more of the very large houses  Mayor.  concerns.  that have been builti in Town.  Town resident Ryan Debner said he agreed with the prior comments. be more to the conversation that what he is understanding.  Town resident Chris Swindel spoke in favor of the moratorium but recognized there may Town property owner Tom Robinson stated that if the town did not issue building permits for six months, it could be significantly financially problematic for him, and potentially risky for the Town. He stated removing the exemption for single-family and duplex residences to have site review plans solves the problem and prevents homes that do not meet code from being built. This appears to be the easy solution. He 11. Ordinance No. 2024-10-21A- An Ordinance Establishing a Six-Month Moratorium on the Issuance of New Building Permits for Single-Family Dwellings and Mayor Mitcham recognized Council Member Loecher, who stated she wanted to disclose what could be perceived by the public as a potential conflict ofi interest. She stated that she does not have a conflict ofi interest but that she and Council Member Metz live together. They do not have combined finances, they are not married, and she is not involved in his businesses. She does not feel conflicted when it comes to this discussion. Because she can see that this ordinance has a high chance of creating  requested that the moratorium not pass.  Duplexes    litigation for the Town, she wanted to declare her situation and let the Council decide if Attorney Flanagan explained the criteria in Town Code that Council would use to evaluate a disclosed interest and whether it rose to the level of being an actual conflict. Council discussion ensued, after which, Pro Tem Bailey moved to find there was a conflict ofi interest. It was seconded. After additional discussion, the motion failed by roll- call vote of2to2 2, with Council Members Algiene and Bailey voting yes, and Council Members Dennis and Unger voting no. Mayor Mitcham broke the tie and voted no. The Mayor Pro Tem Bailey made a motion to adopt Ordinance No. 2024-10-21A. Itv was Mayor Mitcham introduced the proposed moratorium ordinance, stating that it did not follow the language oft the petition community members had submitted because that was not how the motion at the prior meeting had been stated. She acknowledged this has caused some confusion, and she anticipated Council would revise the ordinance to better reflect community goals. She emphasized the need to focus on the time-limit as Council discussion included concerns about how long the moratorium might be in place, what specific permit applications it might apply to, and health and safety concerns for residents impacted by recent residential construction. Council expressed concern for the community members who had experienced negative consequences of recent construction, including large equipment and other construction debris in their yards and driveways, trespassing, a sewer leak, a gas leak, and a water leak that flooded a neighbor's home. Council recognized the difficulties of living beside construction and how that can be stressful and create health concerns including anxiety. These events had occurred at sites where the homes were increasing in lot coverage dramatically. Council expressed a desire to limit the moratorium as much as possible and discussed potential alternative solutions, including the need fori improved construction standards as well as the possibility of citing violators for nuisances when appropriate. Requiring a site plan process for residential single family and duplex permits might also help with the community members' concerns that some new buildings had been built to exceed permissible lot coverage, set-backs, and heights. This was discussed as an option to proposed moratorium. Council proposed this could be brought forward as an emergency ordinance since it was related to health and safety concerns that are urgent. There was much debate and discussion about the value of listening to the community while also being respectful of the legal requirements for a pause in accepting building permit applications; the impact on property owners; the impact of very disruptive or  she had a conflict or not, per the Town Code.  motion failed. seconded.  well as health and safety issues.    poorly managed construction; responsibilities of elected representatives; the complexity of the issues; attempts to define the goals of the proposed moratorium; how lot coverage is calculated; and the best approach to the problems at hand. Council briefly considered tabling the discussion. Mayor Mitcham said she is hearing that this is urgent from the community, and that they want a response quickly, sO she didn't feel like it was responsive to the community concerns to table it at this time. Based on public comment at the workshop, the recent community petition, and the disruptive experiences of recent construction sites, Council recognized that the buildings that are substantially increasing in square footage, from the existing homes to the newly remodeled or rebuilt ones, are causing the most concerns from residents and Mayor Pro Tem Bailey moved to amend Ordinance 2024-10-21A to a three-month time limit for single-family and duplex residential buildings that increase the existing square The amended Moratorium passed by roll-call vote 4-1, with Mayor Pro Tem Bailey, Council Members Algiene, Dennis, and Unger voting yes and Council Member Loecher  being most disruptive.  footage by 50% or more. It was seconded.  voting no. 12. Public Hearing  Ordinance No. 2024-10-21B - An Ordinance oft the Town of Mountain View Reallocating Revenues and Expenditures for the Current Calendar Year and Adopting a Budget Summarizing Revenues and Expenditures for the Calendar Year Commencing January 1, 2025, and Ending December 31, 2025, and Appropriating Funds Therefore Mayor Pro Tem Bailey moved to approve Ordinance 2024-10-21B. It was seconded. Mayor Mitcham opened the hearing at 9:38 p.m. and stated the hearing was set per Charter requirements Section 9.3, and was properly noticed in conformance with  Mountain View's Municipal Code and applicable State Law.  Administrator Beltrone presented the budget, giving a high-level overview of the budget components and how the budget is connected to the Comprehensive Plan as well as long-term strategies per Council direction. He reviewed the three different funds in the budget, shared an overview of the Town's current fiscal situation, and talked about capital investments and potential grants that could help pay for them. Mayor Mitcham highlighted some of the policy questions that were included in the budget and reminded  Council that the budget is a living document with a lot ofunknowns.    Public Comment testimony.  Mayor Mitcham invited members of the public to come forward and share their  Dodie Dosh, a Town resident, stated that she is wondering about the printing expenses that had increased substantially to $16,000 for 2024 and $17,000 for 2025. She also said the utilities did not show a senior discount, and she asked if that was going away in Melinda Plemel, a Town resident, said she was also concerned about how high the printing expenses were. She asked where the expense for the Neighborhood Gazette was located, noted that the line for miscellaneous and other expenses had gone down,  2025. She also thought the snow removal of $7,500 was high.  and asked what the opioid reduction was. There were no more public comments.  Council discussion continued and Mayor Mitcham clarified that the printing costs include the Neighborhood Gazette, which is $1,000 a month and gets mailed to every household. Opioid reduction started as a Colorado lawsuit settlement which Council opted into last year. Administrator Beltrone spoke to the issue of the utilities billing in the proposed budget. He stated the amounts for utilities are based on an audit of the fund. Broadly speaking, Administrator Beltrone explained, the goal is to make sure the businesses are paying their fair share based on actual usage, which then allows the town to reduce the rates for residents across the board. He also stated that the Council workshop next month will include detailed information about what staff are proposing for  the 2025 utility rates.  Recess was taken at 10:07 p.m. and the meeting resumed at 10:14 p.m. Council discussion continued and included consideration of printing costs and the Neighborhood Gazette expense. Council Members defended the use of public funds for the Gazette, stating that it helped the community stay connected and celebrate the Town. However, there was a pending question as to whether or not the space could be reduced to a single page instead of two pages, saving $500 per month. Council asked for Chief Nesbitt's thoughts on staffing and asked if the Police Department was appropriately staffed with eight sworn officers instead of twelve. Council expressed concerns about the following: risk of burnout, injury, and loss of morale when there is a lot of overtime required; injuries ori illness reducing the number of officers available sO that Town might have to ask neighboring municipalities for assistance covering a shift; the impact on both the safety of the officers themselves and on the community as a whole of not being staffed with more officers; how important the police department is to everyone in Mountain View; recruitment, retention, and training    reimbursement agreements. Mayor Mitcham stated added additional officers costs the Council also discussed administrative staffing at Town Hall. They stated they would like to see a Clerk hired, to reduce the impact of the administrative workload on both the Town Administrator and Public Works. Mayor Mitcham and Administrator Beltrone explained that when it became clear the sales tax revenue was not going to meet the 2024 projected amounts, there was an effort made to cut costs across the board, which impacted all departments. As a result, the Public Works Assistant had moved part-time to help in the office, which allowed the Town to delay hiring a Clerk. Council expressed an urgent need to address economic development because that was the more comprehensive solution to solving this issue long-term. And when the Town Administrator is doing Clerk work, instead of economic development, this is worrisome. Council discussed how the Town must pay for these added expenses by using funds saved over the last several years, in order to prioritize public safety and economic development, since the anticipated revenue in 2025 does not yet meet the requirements Mayor Pro Tem made a motion to amend the 2024 budget and allocate an additional $10,000 to police salaries, as well as amend the 2025 budget to fund ten police officer  Town roughly $100,000 per officer, per year.  for what is budgeted.  positions and fund a full-time Clerk. It was seconded. The motion passed unanimously by roll call vote.  There being no further discussion, Mayor Mitcham closed the public hearing at 10:45 12. Resolution No. 2024-10-21B - A Resolution of the Town of Mountain View, Mayor Pro Tem Bailey moved to approve Ordinance 2024-10-21B. It was seconded Mayor Mitcham introduced the Police Step Plan which was passed in 2023 but not implemented. It is designed to attract and retain staff. The Town Attorney added this resolution adopts the step plan and also follows through on the requirements of the previously adopted prevailing wage policy passed in 2022 and amended in 2023. He stated that the policy explicitly gives Council complete control and they must approve the average rates of comparable municipal employers. Council can direct staff to do the Council discussion included the need for transparency and avoiding the perception ofa conflict ofi interest by having the market research and range setting done by an outside  p.m.  Colorado Amending the Town's Prevailing Wage Policy.  research but they should still approve the resulting rates.    consultant instead of in-house. Council expressed surprised by how large the increases Mayor Mitcham stated she is concerned the Town would lose officers if the step plan did not pass at this time. There has been a lot of conversation, negotiation, and market research to this point, she stated, and it has taken "hours and hours and hours" to get to the proposed plan. Initially, it had also been difficult because there was not good communication early on about when it would take effect. So, the officers have been under the impression it was in effect when it hadn't yet been approved. She reiterated that it was Council's decision but that she strongly recommended passing the step plan at this time, and she was confident that the market research was accurate because it was based on the salary study published by the Colorado Municipal League, which then Council agreed that in the future, a policy to require an outsider handle the market research would still be wise. Attorney Flanagan recommended restating the entire policy as a whole, each time the prevailing rate policy is reaffirmed. This would communicate  are in the rates paid in 2022 to 2023.  gets put into a spreadsheet and averaged.  more clearly what necessary steps to take. Council agreed. The motion passed unanimously by roll call vote.  13. Resolution No. 2024-10-21C = A Resolution of the Town of Mountain View, Colorado Approving an Agreement with Dacra LLC for Automated Vehicle Identification Mayor Pro Tem Bailey moved to approve Ordinance 2024-10-21C. It was seconded. Town Attorney Flanagan introduced the resolution, and shared how the negotiation for this contract has been over the course of seven conversations with the vendor, and it resulted in a compromise on two main things that wanted he to flag. He highlighted the two issues: one was a limited liability clause and the other was a dispute resolution clause that requires both parties decide on an arbitrator. This is partly the result of the program being newi in Colorado. Mayor Mitcham assured Council that although it's not ideal in some respects, Administrator Beltrone has done a lot of research to look at other municipal contracts with this same vendor, and this is a pilot program that helps AI motion to continue past 11:13 p.m. was made and seconded to allow the Council to continue the meeting past the three-hour limit in the Council Rules. The motion passed  System Services  us limit our risk.  41 to 1 by voice vote.  Discussion continued and Council's questions were answered.    The motion passed unanimously by voice vote.  14. Resolution No. 2024-10-21D - A Resolution of the Town of Mountain View, Colorado Authorizing the Purchase of Automated Vehicle Identification System Mayor Pro Tem Bailey moved to approve Ordinance 2024-10-21D. It was seconded. Mayor Mitcham stated this is a piece of équipment needed to run the. AVIS program and itv was recommended by the vendor whose contract was just approved. The equipment  Equipment.  cost can be reimbursed by the Justice Department Funds. The motion passed unanimously by voice vote. Colorado Approving a Service Agreement with  15. Resolution No. 2024-10-21E = A Resolution oft the Town of Mountain View, Removal Services int the Town and Authorizing the Mayor to Execute the Same Mayor Pro Tem Bailey moved to approve Ordinance 2024-10-21E. It was seconded. Public' Works Coordinator Nugent introduced the resolution and outlined the bids. He recommended using Armstrong, which is the same company the Town used last year. He said they did a very good job and modified their scope over the course oft the winter, slowly improving their ability to meet the needs of the Town residents. Coordinator Nugent stated the budget for snowplowing had to go up because the Town is doing more plowing than previously. For example, there are two new Town-owned properties that need to be kept clear of snow and ice. And in addition. Armstrong is contracted to plow the entire south sidewalk for W43rd Avenue from Sheridan, all the way to Fenton, sO that residents have one walkway through Town always cleared of snow and ice. Coordinator Nugent said that the company has gotten better, as he has given them direction based on resident input. And that it takes time to get a new company fully Mayor Pro Tem Bailey made a motion to amend the resolution to place the name of the company, Armstrong, into the blank on the original resolution. It was seconded.  tol Perform Snow  trained. Council questions were answered.  The motion passed unanimously by voice vote.  16. General Business - Town Owned Property Discussion  Mayor Mitcham reviewed the table showing the different properties the Town owns and stated staff needs general direction before moving forward. Council agreed to the demolition of the smaller, non-livable structure 4183 Ames. The next one, was 4185 Ames, which the Town is looking into possibilities for converting the existing building    into community space as well as having some storage space below. The house on the corner can be rented out and this could create affordable housing and also allow for diversification of revenue. Town Hall, at 4176 Benton, could then have some additional remodeling and that would allow the Town to add a holding cell fori the Police Department, some additional offices, and a women's locker room fori the female officers. Council questions were answered. Mayor Mitcham emphasized it was Council's decision whether to rent the house as affordable housing or rented at market rate. Council discussion ensued and question were answered. Council gave general direction to flesh out the options for a Town Hall remodel and bring it back to Council for consideration; to bring a contract with Foothills Housing Authority for managing the rental house as affordable housing; and to move forward with the demolition of the unlivable structure on the other propervy.Adminstrator Beltrone said that there will be  monthly updates with each of the properties.  17. Staff Reports  Due to the late hour, staff referred Council to the reports in the packet.  18. Council and Committee Reports  Mayor Pro Tem Bailey said the Historical Mountain View Committee has been in touch with the Wheat Ridge Historical Society and a member there is collecting material that is  relevant to Mountain View. She is setting up a meeting.  19. Future Agenda Schedule  Administrator Beltrone reviewed all future agenda items and asked for any updates. Council considered having the workshops and regular meetings separated out on different days of the month, SO that the meetings don't go as late in the future. Mayor Mitcham suggested that the Council make this decision at the retreat in January, for the  2025 calendar year. 20. Adjournment 11:46 p.m.  There being no further business to come before the Town Council, it was adjourned at  GmhPhuhhane  John Beltrone D2 Interim/Town Clerk  MOU INCORPORATED SEAL & 1904 TE OF COL2  Emilie Mitcham Mayor