MEETING MINUTES: APRIL 2020

THE TOWN OF MOUNTAIN VIEW

TOWN COUNCIL ELECTRONIC MEETING MINUTES

APRIL 20, 2020

6:30 PM

PRESENT:  Mayor Glenn Levy; Councilmembers Chelsea Steen, Mayor Pro Tem; Kathleen Bailey; Mladenka “Mia” Boehrer; Sean R. Davis; Adam Ellsworth; Melissa Jacobi.

 STAFF MEMBERS PRESENT: Steve Davis, Chief of Police; Gene Bird, Public Works; Dorothy Hernandez, Admin Assistant; Beverly Seidel, Court Clerk; and Sarah Albright, Town Clerk/Treasurer who recorded the meeting. Minutes are not verbatim.

MEETING TIME:    6:30 PM

LOCATION:             Town Hall

THE TOWN OF MOUNTAIN VIEW TOWN COUNCIL CALLED THE REGULAR MEETING OF THE TOWN OF MOUNTAIN VIEW TO ORDER ELECTRONICALLY/ROLL CALL

Mayor Levy called the meeting to order and roll call taken with members that were present.

Levy gave a brief recap of the rules for the meeting for everyone to understand. There should be one person speaking at a time. Note the time delay. The Clerk has recommended to place the phone on mute until you speak. And reminded any audience members to announce name and address.

Clerk Albright asked anyone else in attendance to state their name and address for the record.

Lisa Maurath, Ames Street, was in the audience.

CONSENT AGENDA

Levy introduced the agenda item.

Councilmember Bailey motioned and Councilmember Boehrer seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

UNSCHEDULED PUBLIC COMMENTS

Levy introduced the agenda item.

No comments.

NATIONAL CRIME VICTIMS’ RIGHT’S WEEK, APRIL 19-25, 2020 PROCLAMATION

Levy introduced the agenda item and read the proclamation into the record.

STAFF UPDATES AND / REPORTS

Levy introduced the agenda item.

Town Clerk/Treasurer – The report was in the packet. Albright noted We worked out the schedules for staff to be at 50%.

Public Safety- Davis stated COVID-19 cases in general is 1,002 and showing a decline. They are busy with a lot of disturbances coming in the town like parking, also medical non COVID related calls, and agency assists. They are masked. He hired another officer to start in two weeks. He will monitor if any fireworks shooting off within the town. Neighborhood is remarkably healthy from what he can see.Public Works – The report was in the packet. Bird stated the town cleanup will begin Thursday, April 30, 2020, and street sweeping will be Tuesday, May 12, and Wednesday, May 13, 2020.

Municipal Court – Court Clerk Seidel’s report did not make the deadline and was a table setting. She gave a brief overview of her report. She noted the Zoom meeting for the court module update.

Town Attorney – Attorney King had no other updates. The Governor said April 27, 2020, we will move into safer at home and leave up to the counties. She will keep everyone updated.

PUBLIC COMMENTS REGARDING CURRENT AGENDA ITEMS

Levy introduced the agenda item.

No comments.

ORDINANCE NO. 2020-03-26A, AN ORDINANCE AMENDING SECTION 6-7-60 OF THE MOUNTAIN VIEW CODE TO LIMIT THE NUMBER OF RETAIL MARIJUANA LICENSES ISSUED BY THE TOWN

Levy introduced the agenda item.

King stated, again, it is maximizing the number of retail licenses to three.

Councilmember Steen asked about dispensaries having inactive licenses.

King stated it would need to be updated in the code. We can amend the code to define inactive licenses.

Councilmember Bailey motioned and Councilmember Steen seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

ORDINANCE NO. 2020-03-26B, AN ORDINANCE AMENDING CHAPTER 16 OF THE MOUNTAIN VIEW MUNICIPAL CODE

Levy introduced the agenda item. This was the housekeeping to fix items that were not properly inserted and has passed the first reading.

Councilmember Boehrer motioned and Councilmember Bailey seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

ORDINANCE NO. 2020-04-20, AN ORDINANCE CREATING NEW ARTICLES 14 AND 15 IN CHAPTER 10 OF THE MOUNTAIN VIEW MUNICIPAL CODE RELATING TO PUBLIC NUISANCES

Levy introduced the agenda item.

King gave a brief update as to the reason for the ordinance. This will create a liability to hold the landlord accountable. Nuisances are specific acts. She pointed out Section 10-14-30, conditions for suspended sentences, Article 15 is a civil section, in addition to the criminal penalties will have a civil fine. For example, if it is a car, it would be impounded. The Public Abatement Coordinator needs to be selected.

Levy suggested the Public Works Director could take the responsibility.

Discussion included: 10-15-10 definitions personal property; contraband defined as personal property; gambling definition; large scale operations; alcohol consumption; review the language; concerns over neighbors’ dislike of renting a property, using nuisance as excuse; set dollar values for gambling; raise amount or remove gambling as a nuisance; $500 limit; $1,000 limit; exclude on-line gambling; an operation with runners; not practical; remove gambling; able to add later; remove visibly intoxicated; page 8, Article 15, notifications; costs recouped; must versus may publicize; strike everything but the public notice for the town; tier system if possible, ample notice and warning before punishment; police have ability to locate owners; liens; strict liability prove knew about crime.

Councilmember Ellsworth motioned as amended and Councilmember Steen seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

BREAK IN SESSION

7:55 PM

BACK IN SESSION

8:00 PM

RESOLUTION NO. 2020-04-20A, A RESOLUTION OF THE TOWN OF MOUNTAIN VIEW, COLORADO, IN SUPPORT OF A FOURTH EMERGENCY APPROPRIATIONS PACKAGE TO ADDRESS THE IMMEDIATE NEED FOR LOCAL BUDGET RELIEF

Levy introduced the agenda item. He spoke to the reason for the resolution.

Councilmember Bailey motioned and Councilmember Boehrer seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

RESOLUTION NO. 2020-04-20B, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN COATINGS INC. AND THE TOWN OF MOUNTAIN VIEW FOR THE PROVISION OF SEALNG CRACKS AND REPAIRING POTHOLES IN THE TOWN

Levy introduced the agenda item.

Levy stated he is reluctant to spend money but if we don’t react it will increase costs significantly. He turned it to Gene Bird.

Bird stated things will get worse if we don’t take care of it now. He asked for three different bids. Two were in the packet. Apex was our street improvement vendor a couple years ago. He recommended Coatings, Inc. They walked the streets several times before bidding.

Councilmember Bailey motioned and Councilmember Boehrer seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

RESOLUTION NO. 2020-04-20C, A RESOLUTION OF THE TOWN OF MOUNTAIN VIEW, IN ITS CAPACITY AS THE LOCAL LICENSING AUTHORITY, AUTHORIZING THE TOWN CLERK TO ADMINISTRATIVELY APPROVE MARIJUANA LICENSE APPLICATION RENEWALS AND TRANSFER OF OWNERSHIP APPLICATIONS UNDER CERTAIN TERMS AND CONDITIONS

Levy introduced the agenda item.

King stated they’ve done with the liquor applications. If the Clerk finds a red flag, the Licensing Authority Board would hear about it. It is a time saving measure for everyone.

King and Albright both note it was common with other municipalities to be done administratively.

Councilmember motioned and Councilmember seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

COMMITTEE UPDATES

Levy introduced the agenda item.

Finance Committee – The report was in the packet. Davis gave a brief recap to review the first quarter report for the town and it was before the stay at home orders were in place. Finances looked good through the first quarter and in a favorable position for the fund balance. Committee recommended to see the funds in the money market moved by the time of the next meeting for the interest earnings. Levy noted we are missing out on approximately $5,500 over a twelve-month period.

CDOC – The report was a table setting. Jacobi gave a brief update. They plan to get the first newsletter out in July. Friendly reminder for all councilmembers to reply to the questionnaire. They will do a print and on line version. There was a question about the suggestion box. Bailey noted a campaign went out as to the location. Mayor expressed that he will discuss the content of the newsletter. Bailey asked to be sure she was included in that meeting. There is an issue of Instagram median.

Sustainability Committee – The report was a table setting. Steen stated the first event Saturday was great. Jacobi had a question regarding the public meetings law. King stated only one person at a time. Phone calls count as communication. Have separate conversations, do not copy and paste or hit forward. It is the law. Bailey stated there were good photos and people felt good about doing it, and it was worthwhile; and the residents want to be a part of the committee. Jacobi said they want to give a thank you for all the volunteers, maybe doing a gift card. Levy said if they reach out to him to ask about that.

Public Safety – Bailey said they meet every other month, and meeting next month.

Admin – Ellsworth will reach out later this week. Levy noted the handbook format changed a bit. It is close per the mayor and attorney.

Public Works – Nothing to report.

Economic Development – Nothing to report.

Levy stated it is not wise to look to support the businesses, at this time, and it will be discussed more in his report.

COUNCIL MEMBERS’ REPORTS/ITEMS

Levy introduced the agenda item.

Bailey was concerned about meeting outside.

Levy stated based on the Jeffco Open Space meeting. The use of the deed restricted land is for recreational use only. Compost is not recreational use. There is no problem to meet in the Gazebo.

Bailey wanted to talk about definitions for zoning issues.

Levy noted it is difficult technically. Once we can fix it, Travis can come back and present the PUD and discuss these items such as turf in the front yard, the restrictions, etc.

MAYOR’S REPORT/ITEMS

Levy introduced the agenda item.

He asked the accountant and had spoken with Chelsea and with Sarah, to start working to research more information to work towards financially modeling COVID-19 on our financial stability. Businesses are either open or closed or working periodically. He would be shocked if the tax revenue is not down by 70%. The state doesn’t break out the sales tax by detail in order to understand the collections. Marijuana is probably staying even, liquor may be up, and restaurants are down.

Davis said Rico Pollo and Man Wah are open for take-out, along with Arby’s. Firestone is slower.

Levy didn’t know how it would look, either minor or substantial. Without the model, he cannot consider helping the businesses at this time. We aren’t a business who can borrow, and doesn’t know if the federal government will be there to offer help. He is concerned about a financial struggle for the Town. He asked Council if they would agree to think about putting something on the ballot, to secure a home equity line of credit, or mortgage, or cash-out refinance, on the town hall, if necessary. Ellsworth said it is good to have the option. Jacobi would like to explore a more conservative option.

MEETING TO ADJOURN

Councilmember Jacobi moved to adjourn and Councilmember Boehrer seconded. Roll Call Vote: Bailey – Yes, Boehrer – Yes, Davis – Yes, Ellsworth – Yes, Jacobi – Yes, Steen – Yes. The motion passed.

The regular meeting adjourned at 9:03 PM.

ATTEST:                                                                   TOWN OF MOUNTAIN VIEW COUNCIL

Sarah A. Albright, CMC                                                Glenn Levy, Mayor

Town Clerk/Treasurer