TOWN OF MOUNTAIN VIEW REGULAR' TOWN COUNCIL MEETING Nov 18, 2024 MINUTES Note: This Meeting. Agenda started at agenda item number seven (7) because the meeting followed a Workshop Meeting which contained agenda items one (1) through six (6). No meeting minutes are created for workshop meetings. 7. Call to Order Mayor Mitcham called the meeting to order at 7:55 p.m. in Berkeley United Methodist Church, 5200 W 43rd Ave, Mountain View, Colorado. 8. 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 Planner Travis Reynolds, and Town Building Inspector Kyley Flynn. Those present stood and recited the Pledge of Allegiance. Council Member Nancy Unger. Aquorum was established. 9. Pledge of Allegiance 10. Consent Agenda not be on the consent agenda. Mayor Mitcham removed agenda item C citing that the ordinance's first reading should The Consent Agenda consisted of Items 10A through 10B inclusive. B. Minutes of October 21, 2024 = Regular Meeting The consent agenda was adopted unanimously by roll call vote. 10. C. Ordinance No. 2024-11-18A- An Ordinance Amending Chapter 8 of The Mountain View Municipal Code Regarding Civil Penalty Assessments and Appeals for Automated Vehicle Identification A. Agenda Approval System Citations Mayor Mitcham introduced the ordinance as a clarification for the appeal process regarding Automated Vehicle Identification System (AVIS) tickets, sO that the process could take place in municipal court. The ordinance passed unanimously via roll-call vote. 11. Public Comment Town property owner Tom Robinson expressed approval fort the addition of site-reviews and construction standards for single-family building permits, but disapproval of the moratorium as it would present issues for construction on property he owns. Town resident Melinda Plemel expressed disappointment with the divisive effect the moratorium has seemed to have on Council Members and stated the goal of the moratorium was to bring long-standing issues residents have had regarding large-scale development to the floor. She noted that many residents share their disappointment with how the moratorium was written, and that they will not give up regardless of whether the Town Administrator Beltrone read a comment from Town resident Jerry Pickthall: He expressed concern for the Town's future regarding private property rights and disapproval of any rules that resemble Homeowner Association (HOA)regulations. Mayor Mitcham read a comment from Town property owner Tyler Divine: Ms. Divine addressed Council, stating that a construction project of hers has been under scrutiny, with residents asserting that it is not to code. She rebutted this belief, citing the extensive approval process. She asserted that the moratorium is illegal per the state, and would have unintended negative effects on residents. The Town's building regulations are in linei ifnot stricter than surrounding communities, Ms. Divine stated. Town Administrator Beltrone read a comment from Town resident Dodie Dosh: Ms. Dosh stated that at no time was any Council Member involved in the writing, circulation, Mayor Mitcham read a comment from Town resident Ryan Ryall: Mr. Ryall stated that he and his family are long-term residents and his ability to expand his house in order to provide more space for his children would be restricted by the moratorium. He addressed proponents of the moratorium, stating that they are opposing the demolition ofoutdated and dangerous houses and construction of larger to-code houses for families, emphasizing private property rights and the right for large families to build 12. Ordinance No. 2024-11-18B - An Emergency Ordinance Amending Chapters 10 and 18 of the Town of Mountain View Municipal Code Regarding Construction Mayor Pro Tem Bailey made a motion to adopt Ordinance 2024-11-18B. It was Mayor Mitcham introduced the ordinance stating that it is the first of three ordinances responding to resident concerns over residential development in Mountain View. Specifically, she stated, this ordinance targets construction standards, with potential rules regarding quieth hours, building permit visibility, fences, enforcement of nuisance moratorium passes or not. and signing of the petition regarding the moratorium. larger homes. Standards seconded. code violations, and the requirement of a licensed surveyor as part of obtaining a Council discussion included the idea to have one day a week where no construction is allowed. Council agreed to discuss this and other potential ideas at a future workshop The Emergency Ordinance failed by roll-call vote with Council Members Bailey, Loecher, and Unger voting yes, and Algiene and Dennis voting no. 13. Ordinance No. 2024-11-18C = An Emergency Ordinance Amending Chapter 16 oft the Town of Mountain View Municipal Code Regarding Site Plan Approval Mayor Pro Tem Bailey made a motion to adopt Ordinance 2024-11-18C. It was Mayor Mitcham introduced the ordinance stating that the ordinance targets future houses that exceed building code limits, with three inspections at specific steps of construction. Town Planner Travis Reynolds and Building Inspector Kyley Flynn noted that a site-plan is already required by their process, and that this ordinance would create additional double-checks" involving professional surveyor certifications. Council discussion included the difference between this ordinance and the prior emergency ordinance, noting that this ordinance creates more administrative review whereas the prior emergency ordinance creates more in-person inspections. Mayor Pro Tem Bailey made a motion to table Ordinance 2024-11-18C. It was building permit. meeting. seconded. seconded. The motion passed unanimously by roll-call vote. Council Member Algiene moved to reconsider Ordinance 2024-11-18B. It was seconded. The motion passed unanimously by roll-call vote. Ordinance No. 2024-11-18B - An Emergency Ordinance Amending Chapters 10 and 18 of the Town of Mountain View Municipal Code Regarding Construction Standards Mayor Mitcham clarified the requirements for a licensed surveyor in the ordinance. Council discussion included the need for clear guidelines to be published publicly, SO Mayor Pro Tem Bailey made a motion to adopt Ordinance 2024-11-18B. Itwas the community understands the new requirements. seconded. The motion passed unanimously by roll-call vote. 14. Second Reading - Ordinance No. 2024-10-21A - An Ordinance Establishing a Three-Month Moratorium on the Issuance of New Building Permits for Single-Family Dwellings and Duplexes that Increase the Gross Square Footage by Fifty Percent or More Over the Gross Building Square Footage Currently Existing for the Applicable Mayor Pro Tem Bailey made a motion to adopt Ordinance 2024-10-21A. Itwas Council discussed disagreement with the ordinance as it was written, as well as time constraints and potential liability issues. A potential Request for Proposal (RFP) for an expert facilitator on development issues was discussed, and Council expressed general Property seconded. agreement for further discussion. The ordinance failed by roll call vote unanimously. An motion to establish a committee with the following two Council Members--Council Member Algiene and Council Member Loecher-to make recommendations to select a consultant to provide design and development standard recommendations for the code was made by Mayor Pro Tem Bailey. It was seconded. The motion passed unanimously by voice vote. Administrator Beltrone clarified the need for staff direction related to the committee work, the time frame for the committee work, and the need to notice. Austin could provide a list of consultants. The committee agreed they would have their first meeting in December and committee report at the end of the next meeting. Break = Mayor Mitcham called for a break at 9:29 p.m. the meeting at 9:41p.m. 15. Second Reading - Ordinance No. 2024-10-21B - An Ordinance of 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 Mayor Pro Tem Bailey made a motion to adopt Ordinance 2024-10-21B. It was Administrator Beltrone introduced the ordinance citing the amendments made during the first reading to add two sworn police officers and a Town Clerk to the budget as well as additional proposed reductions to reduce costs and fund the two added positions. The ordinance amends the 2024 budget as well as approves the 2025 budget, he stated. Administrator Beltrone highlighted the proposed budget cuts and improved information from staff. Council discussion included reducing the number of pages the Town buys from the Neighborhood Gazette, funds for playground improvements, a Funds Therefore seconded. community gathering space, pausing the tree program and creating a grant program, as well as funds for a facilitator and code-writing work on residential development. Mayor Pro Tem Bailey moved to approve Ordinance No. 2024-10-21B, as amended per the list presented to Council by the Town Administrator. It was seconded. The motion passed unanimously by roll-call vote. Wage Policy and Police Department Step Plan 16. Resolution No. 2024-11-18A- A Resolution Amending the Town's Prevailing Mayor Pro Tem Bailey moved to approve resolution 2024-11-18A. It was seconded. Mayor Mitcham introduced the resolution stating that it was brought back to Council to correct a mistake and place the current prevailing wages listed for staff into the correct ranges. The police department step plan was also simplified. The motion passed unanimously by roll-call vote. 17. Resolution No. 2024-11-18B = A Resolution Levying General Property Taxes Mayor Pro Tem Bailey moved to approve resolution 2024-11-18B. It was seconded. Administrator Beltrone introduced the resolution and briefly summarized. for the 2025 Budget Year The motion passed unanimously by voice vote. 18. General Business A. Mountain View Traffic Safety Plan Vision Zero plan was encouraged. Mayor Mitcham asked Council to consider the Town's branding around the Traffic Safety Plan and received support. A. January resolution regarding adopting a B. intergovernmenta. Agreement for Property Management Services Administrator Beltrone stated that agreement to this business item would allow the Town to rent out the Town property at 4195 Ames Street and have the county manage the property for low-income housing. General discussion ensued. Mayor Pro Tem Bailey moved to approve the intergovermental agreement and authorize the Mayor to negotiate and execute the contract. It was seconded. The motion passed unanimously by voice vote. Council agreed unanimously to extend the time of the meeting past the three-hour time permitted by the Council Rules of Procedure. 19. Staff Reports A. Police Department Chief Nesbitt briefly summarized the information in his packet report. Council questions were answered. Mayor Mitcham and Administrator Beltrone both thanked Chief Nesbitt for his efforts this past month. B. Public Works Department Public Works Coordinator Nugent highlighted the Sidewalk Program that replaced roughly 45 panels, and stated only one address qualified for the Grant Program. He also noted the upcoming demolition of the smaller structure on Town property 4183 Ames St. He is working with RG & Associates toi finalize the administration of the curb and gutter project, now Mayor Mitcham and Administrator Beltrone both thanked Coordinator Nugent that it's completed. for his efforts. C. Town Administrator Administrator Beltrone thanked all of staff for their hard work getting AVIS and the camera set up to implement the new traffic safety program. He celebrated as successful CIRSA audit and thanked staff for embracing the safety culture in Town Hall. Per Council prior direction to hire the Town Clerk, Administrator Beltrone requested Council approval for posting the Administrative Town Clerk position at the proposed salary range listed on the job description that Mayor Pro Tem Bailey moved to approve the Administrative Town Clerk job was distributed as a table setting to Council. description and salary range. It was seconded. The motion passed unanimously by voice vote. 20. Council and Committee Reports Mayor Mitcham stated Council comments should be presented at the end of the meetings during Council and Committee Report Agenda time, rather than as Public Comments. Council discussion ensued and agreement was made to limit Council reports to five minutes. An update to the Rules and Procedures would be made based Council Member Loecher read a statement addressing resident concerns and opinions of her as a person and as a Council Member, stating that she is dedicated to serving the Council Member Dennis encouraged working together to accomplish the Town's goals rather than letting emotions hinder progress. She stated it's been especially stressful recently and she apologized if anything she's said has been divisive. on Council discussion. Town as best as she can, and requesting respect. Mayor Mitcham thanked both Council Member Loecher and Council Member Dennis, and commended all of Council for working together. She emphasized that each Council Member is at the table because they want to serve their community and she asked for a recommitment to give each other the benefit of the doubt and continue to try to do our best each day. 21. Future Agenda Schedule Administrator Beltrone reviewed all future agenda items and asked for any updates. Council decided to continue to meet at the Church for the December meeting, and discussed whether to break up the workshops and regular meetings into two meetings rather than combining them. No final decision was reached. The new Building Development Committee stated they will report back to Council at the December meeting. Several items were added to the list for future workshops. 22. Adjournment 11:17 p.m. There being no further business to come before the Town Council, it was adjourned at Embehdhan John Beltrone My Interim Town Clerk Emilie Mitcham Mayor