Minutes: April 2015

APRIL 13, 2015
7:00 PM

PRESENT: Mayor Jeff Kiddie; Mayor Pro-Tem Patricia Lilliston; Councilmembers: Leola

Boone; Dodie Dosh; Kathleen Hancock; Lou Fehlberg; and Lisa Maurath


PRESENT: Ryan Malarky, Town Attorney; Chuck Reid, Economic Development, Mark Toth,

Police Chief; Beverly Seidel, Court/PD Clerk, and Sarah Albright, Interim Town

Clerk/Treasurer, recorded the meeting. Minutes are not verbatim.


LOCATION: Town Hall – 4176 Benton Street


Mayor Kiddie called the meeting to order. Roll call. No conflicts were declared at this time.


Kiddie asked for a motion to approve the Consent Agenda.

Councilmember Maurath stated she had corrections to the March meeting minutes. She had questions on the Accounts Payables for both March and February.

Town Attorney Ryan Malarky stated that since we’ve adopted this new procedure of the Consent Agenda to remove items we need a motion, a second, and a majority vote.

Councilmember Lilliston motioned to remove the three items mentioned by Maurath, and moved to accept the other items. Motion was seconded by Councilmember Dosh and was passed by unanimous roll call vote of council members present.

Kiddie asked Maurath to continue with her questions for Accounts Payable for February 2015.

Maurath also had a question regarding uniforms in February and looked at March’s bill; it looked a lot less. She was trying to understanding as to why such a huge difference between the two months. Chief explained the reasoning for the difference.

Kiddie asked for a motion. Councilmember Lilliston moved to accept Accounts Payable for February 2015. Councilmember Maurath seconded and was passed by unanimous roll call vote of council members present.

Maurath also had another question for Accounts Payable March 2015 and Chief Toth responded. She will look to staff for any further answers to her questions.

Kiddie asked for a motion. Councilmember Dosh moved to accept the March financial statement and Councilmember Fehlberg seconded and it was passed by unanimous roll call vote of council members present.

Maurath noted in the March meeting minutes to remove the one paragraph where the Mayor Kiddie asked for the motion to accept the cash sheets and it should read motion by Dosh and seconded by Hancock. On the second page of the minutes, third paragraph, volunteers for the Financial Committee, that happened on the February meeting.

Councilmember Lilliston moved to accept the minutes of the March 9, 2015, meeting with the corrections that were noted. Councilmember Maurath seconded and it was passed by unanimous roll call vote of council members present.


Kiddie introduced the agenda item.

Ann Clark, resident, introduced herself. She lives at 4100 Ames Street and wanted the Council to understand the aroma from the marijuana place on the corner of 41st and Sheridan is pretty bad. She understood that they had filters that they should be able to limit the smell, and it was her understanding that the grow house would go away with the new owners and she was interested to know more about the timeline on the grow house being gone.

Jessie Danielson, State Representative for House District 24, introduced herself. She represents Edgewater, Mountain View, Applewood, Golden, and Wheat Ridge. She gave a brief synopsis of what her staff has been working on as well as some of the bills that have been introduced.


Kiddie requested to move this item up as the owners and the architect for the above property were in the audience. He turned the meeting over to Chuck Reid, Economic Development, who introduced Jorge Eguiarte, an architect for EG Studio, who is doing a design for a new home, demolishing the existing structure to build a new one at 4347 Chase Street. He handed out the site plan to the councilmembers.

Jorge Eguiarte introduced the homeowners, Jenna and Nickolas Loecher, and TJ Dlubac, with LSL Planning. He handed out renderings of the intended design to the Council to review.

Reid then updated the Council with regard to the review that he and TJ did. They looked at the site plans, the elevation, and compared everything against the town’s zoning code. There were a few items that they flagged for follow up discussions with Jorge and his team and a couple of those related to architectural features on the roof line that extended into the setback areas. After discussing with TJ, they measured the setbacks from the primary structure, not from architectural features, and there were no encroachments with the architectural components. Likewise, their building height is less than the required with one exception and that is the architectural feature.

Eguiarte explained that the height of the pulpit is 30 ft. 8 inches over the height limit. The pulpit height was reviewed by Chuck and TJ. It adds to benefit to breaking up a very long roof line and he didn’t feel there was a variance issue.

Reid stated that he and TJ called that out in the original review and after meeting with the architects, he felt it was an architectural feature and adds to the benefit of breaking up of what would be a very long roof line. He did not feel there was a need for a variance for that feature.

Reid stated there is one issue that will require a variance. This house has an attached garage, which is part of the primary structure and such the zoning code requires a 20-foot setback. If it were an accessory structure, a standalone building, it would meet the zoning requirements. That’s the particular issue they will be requesting consideration for a variance.

Eguiarte stated on that note, on the garage, it’s not a primary structure. There is no livable space. It’s just a garage.

Reid informed Eguiarte what the Town would need to move forward. Upon receipt, the Board of Adjustments and Appeals would have thirty days to schedule a meeting.

Eguiarte noted that they have been saving for years to make their dream come true and they will live there and stay in the community.

Nicholas Loecher stated that his father was Roger Loecher. They want to live here, be in the community for the long haul. They love the safety and security of the community. When we designed it we stretched everything, our dream house, for the next 20-30 years. We want to be involved in the community, to improve everything, new energy, and to be part of the community.

Maurath asked for an explanation regarding lot coverage.

Reid noted the footprint, the building itself, does cover 35.9% of the lot. There is additional lot coverage, the decking is added in, and on the very front page you can see the code analysis, the building height, etc. The total lot size is 60-100 feet.

Discussion continued regarding the renderings, the overhangs, the landscaping versus building, and lot size.

Reid stated he asked Jorge to attend tonight and that everyone would be aware. He felt very good about the process; it was very good to work with TJ and he felt confident about it. They cannot set a variance meeting until the letter has been received. He asked if there were any other questions.


Kiddie introduced the agenda item. Due to an unfortunate accident of our Town Clerk Linda Jackson, we have Sarah Albright as our Interim Town Clerk/Treasurer. We are fortunate to have someone with her qualifications. She is trying to get everything under control.

Lilliston stated she appreciates her spirit and desire to ask questions. There is an element of taking responsibility. Thank you for taking responsibility and understanding the difficulty of the position.

At this time, Interim Town Clerk/Treasurer, implemented a new numbering system for Resolutions and Ordinances. A brief explanation on the numbering system was presented to the Council.

Councilmember Lilliston moved to accept Resolution No. 2015-04-13A, appointing Sarah Albright as Interim Town Clerk/Treasurer. Maurath seconded and it was passed by unanimous roll call vote of council members present.


Kiddie introduced the agenda item. Councilmember Dosh motioned and Councilmember Boone seconded. This was a unanimous vote to post the proclamation on the website.


Kiddie introduced the agenda item.

Malarky stated he was asked to prepare an amendment to the contract. In looking at that agreement it became apparent that it was appropriate not to do an amendment but to propose a new agreement to that contract. It was a 2013 agreement which was done in a format he had not seen before; it looked to be a format Safebuilt had provided. Generally, it is his firm’s practice to provide the form for the agreement. It protects the town’s interests. There were other items in the 2013 agreement that they were not happy with, the indemnification clause, a rather ambiguous arbitration clause, and Safebuilt has changed its legal entity since 2013. It’s a good idea to propose a new agreement, and he did prepare a draft with the same scope of services from the 2013 building department agreement, and wrapped in the new planning and zoning services into one agreement. Safebuilt needs to look at it. Council just received it. Council could authorize the Mayor, Chuck and himself to pursue the agreement or table it until the next meeting.

Lilliston asked about limitations.

Malarky stated his preference is to have an agreement in place.

Kiddie stated Option 3 is when we do come up we can do a special meeting to agreement to ratify resolution/agreement to get it in place.

Reid stated so he understood, in discussions with TJ and meetings and with Sniff Shack, 4347 work will be paid for by the town with time and materials contract. He asked if TJ was okay with that.

Planner Dlubac stated we are fine with all of it. They don’t want to stop the process, we want to move forward. We are happy reviewing amendments.

Councilmember Dosh motioned to table this item to the May 11, 2015, meeting. Maurath seconded and it was passed by unanimous roll call vote of council members present.


Kiddie introduced the agenda item.

Malarky gave the council an overview of the reason for the ordinance and establishes the position to give authority.

Maurath said she wanted consistency with the description. This position is more than a code officer, it is a resource position. This position will help residents to meet code and to come into compliance with code.

Discussion continued on: job title; the duties of the position; code enforcement officer versus resource position; pay scale; the hours dependent upon experience; and it was part time.

Councilmember Dosh motioned to approve Ordinance No. 2015-04-13. Councilmember Hancock seconded and it was passed by 5-1 roll call vote of council members present.


Kiddie introduced the agenda item.

Maurath noted this not a job description. She will create a job description and it will be clear.

Lilliston was in agreement with Maurath who expressed her apologies.

Discussion was to remove numbers 3 and 4; all agreed.

Malarky explained the flexibility of the description to the councilmembers.

Councilmember Maurath moved to approve Resolution No. 2015-04-13C with the changes noted. Councilmember Lilliston seconded and it was passed by unanimous roll call vote of council members present.


Kiddie introduced the agenda item.

Court Quarterly Report / Court Clerk Beverly Seidel

Court Clerk Beverly Seidel stated she appreciated everyone’s interest. She explained the Excel spreadsheet times and the procedures during court. The payments, Stay of Execution (SOE), show cause hearings, and number of tickets. She did not provide financials as those are available in QuickBooks. She explained warrants, failures to appear, and how the new legislation laws passed last year affected the court. She noted that the mini courts are held the first Wednesday of the month, and are low key and informal. She said she appreciated Lisa spending the time to review the court and police department procedures and invited councilmembers to come to court anytime and observe.

Fehlberg asked about bonds.

Seidel explained the process. It is a challenging and interesting position. She asked them to let her know what they would like to see in the next report. She thanked them for their time.

Council thanked her for her time.

Economic Development / Chuck Reid

Sniff Shack Update

Reid stated the building permit was issued and Safebuilt gave the okay. Office staff was trained on the Meritage system so that is a huge benefit. They closed on the building last week; it is theirs.

Fehlberg asked if they resolved the second floor problem.

Reid said they are not using it right now; they will need to come back if they decide to expand. They don’t know what they may be doing. For the site plan, they will be requesting a variance related to fence height. At the front of the building there will be a play area for dogs; a specialized outdoor mat for them to use. They would like to put a fence that is 7-8 ft. tall. The code only allows a maximum of six feet and they want to raise it in case there is a jumper. It’s a safety issue. They haven’t submitted any design details on the fence yet. The fence would be adjacent to the front of the building.

In review, he treated it as a new use to bring it up to compliance. Your code requires a hardscape strip, a 4-ft. wide buffer that should be some form of plantings. The code calls out trees about every 50 ft. and in that parking lot, it doesn’t work, it ultimately impedes traffic flow off 44th and Ames. He thought they could find a notation that stated it is not a requirement as it is an existing building. They will need to include it in the variance request.

Dlubac had a suggestion; he hadn’t reviewed it. If they are coming in for a variance anyway, it would be nice that they have a recommendation that they receive variances from the code. This is a clear example of a hardship due to the site itself. It is best to get all the variances and not dealing with a legal, non-conforming site.

Reid reminded council that these are (Sniff Shack and 4347 Chase) both Use-by-Right. He explained what the applicant needed to do. Sniff Shack’s site plan building foot print is 7,300 sq. ft. He identified the parking area there and where the hardscape piece is. They have received back the comments on the site plan. All the pieces that were incorrect have been resubmitted and addressed all the issues. They did know of two places where they are not compliant. Their reply on the fence issue was the 7-8 ft. is for public safety, and they will request a variance.

Discussion continued on: hardscape area/strip; play area split by size; the gap spaces; the dog run; wrought iron fencing; planters to soften the look aesthetical; and sidewalk location.

Reid noted he would work with the owner on the fence design. This proposal came in before TJ was on board and so he forwarded the information to him. It would be good to have his input. He noted the engineer RFPs were received; there were two. He will do an initial walk through and a matrix and asked if they had any further questions.

The Town Clerk read the memorandum received from the building department regarding the asbestos abatement requirements for the building and the demolition permit.

Council thanked Reid for all his work.

Finance Committee / Lisa Maurath and Dodie Dosh

Kiddie asked if they would meet with the new accountant to assist in getting the financial portion understood and help with the consent agenda. The Interim Town Clerk/Treasurer will also meet with the committee to work at improving the payables.

VIN Inspection Payment Process

Maurath stated that she and Dosh have been getting more familiar with the payables and accounting practices and it came to their attention that the officers were handling money. For VIN payments, our officers are taking payments and writing receipts and doing the verification at that time. She called other municipalities that do VIN verifications and noted the processes they have in place. She distributed a copy of the process she put together which is a work in progress. She explained the procedures to Council and noted the key is the officers are not cashiers, or accountants, and should not be handling money. It needs to be filtered with the individuals authorized to handle funds and that’s why they figured this was the best practice to follow; to be aligned with other municipalities.

Chief Toth asked which municipalities.

Maurath stated she spoke to Westminster; and Denver does this and felt it was the appropriate way to handle this money.

Discussion continued on: current procedures; communicating to the Chief; standard accounting practices and the general accounting practices of handling monies through the accounting department.

Maurath stated we need to get in line and do good accounting practices.

Fehlberg stated that we don’t want our VIN officer handling money at all, is that correct?

Maurath stated the day they are in the office they should not.

Fehlberg stated then the payments are to be made to the town clerk or the court clerk.

Toth explained what is done to document the information when inspecting the VINs and what would be needed if done by others.

Further discussion continued on: how to document the information; the VIN payments and capability of what QuickBooks can handle; and that there is a lot going on at present time.

Maurath noted we need part time staff to replace Sarah.

Kiddie noted that we have tickets getting entered at night. We do have a need for another person in the office. During the transition it will be tough to fill.

Lilliston noted that sounds like another issue and by this method, Sarah and Bev would be doing this and the day-to-day operations would take time.


Fehlberg stated you haven’t been up here on a busy VIN day and that would leave staff doing VINs all day long.

Toth stated that he has been doing this for four years and he’s not had one complaint in that time. No one from the Council or the public has complained to him.

Lilliston stated this is a service that Mountain View provides that probably others do not.

Toth stated it was implemented four years ago when he had a certified VIN inspector, and it was partly instituted as a positive thing as so few agencies provide this service. DMV does it in Denver too. They don’t do it for the recognition, it’s for the community. There is a need.

Lilliston asked if it was possible to limit the VIN inspections to one day per week, to eliminate office personnel in which they are taking money.

Toth noted that he could eliminate it all together, one day doesn’t help, it takes weeks anywhere else. We are able to take clients sooner than most and they are very appreciative that we provide that service.

Kiddie stated he would get calls asking at his business. There are lots of the places that are selective who they do it for.

Toth understood the money part in the accounting. It is standard operating procedure at night. Bonds etc.

Maurath said it wasn’t the case here. We need to follow good accounting practices.

Lilliston asked what the next step would be to have this happen, to accept standard accounting practice.

Reid stated that the policy question would be to recommend to Council to direct staff to work out what that process would be for the VIN inspections…let them work it out.

Kiddie said his thought on that, over the next two to three months, transitioning will be on going, how will we want to handle the payment processes with the town. We have a new accountant who will be working closely with policy and procedure, and working in QuickBooks.

Lilliston stated she was comfortable to let Mark and Sarah work this out and bring back to the May meeting, tentatively.

Public Safety / Chief Mark Toth

Toth distributed his report along with some commendations his officers have received from outside entities. He explained the commendation that Officer Firko received and noted Officer Jackson helped him. Criminal activity was busy, most was domestic and alcohol related.

Town Attorney’s Report and Update / Ryan Malarky

Malarky stated he did not have much to report. A while back he and the Court Clerk, the Mayor, and Judge Paulter had a meeting to discuss changes to the town code with respect to some of the procedural aspects of the Municipal Court and also some of the penalties for traffic offenses. He took steps to draft ordinances to clean up procedural inaccuracies because the code is old, and also to remove jail time for traffic offenses except for serious one. He will discuss the changes to penalties with the chief and consider any comments he may have, and run it by the Judge as well. For some reason, jury trials are being requesting for relatively minor offenses. Certain instances they have that right, civil offenses as opposed to criminal offenses. It’s a general clean up and stream line for the Court, to get in line with a lot of other towns and cities.


Lilliston wanted to acknowledge the town cleanup on the 25th and the flyers will be going out Thursday. She made the arrangements that were normally done by Gene. The Mayor made the arrangements for the town street sweeping. The website features, from Craig Patterson, with regard to the ordinances and resolutions have been limited to 2010 and to the future. The index feature and having the minutes archived for a year, the cost will be $500-$700. When the website has those features, then Sarah or the town web person could do that. Patterson could do them in a pinch. Other things have taken precedent, we will get to that. Is that favorable with everyone?

Kidde asked about past ordinances.

Lilliston stated the decision was that we would go back to 2010 and bring them forward, with a title. We can produce those records fairly accurately and efficiently. They are all in a binder.

Dosh had a question about a moratorium on building and wanted to know what happened to it.

Malarky noted he remembered some discussion on it and didn’t recall specifics.

Lilliston stated it needs to be an agenda item.

Reid asked what the goal was on that.

Maurath stated her thoughts were that it should be discussed as she had a very big concern. The height allotment is too high and that allowing a 3-story building is a bit much for a neighborhood, in consideration for the neighbors around it, how would they blend it in. Referring to the site plan submitted earlier, it looks like it consumes the whole lot. Is it the appropriate dimensions, should we allow it or push it to the max. Her concern is for the residents next door. They hadn’t anticipated this. And how does it affect the residents with gardening, sun, shelter, and their own privacy. She would like to discuss this and come up with something that will work.

Lilliston stated they had a meeting and discussed once TJ was hired, he would look at the residential zoning aspects and this particular topic.

Dosh and Maurath stated they wanted a moratorium on anything that wasn’t yet purchased or coming down the pipeline.

Reid stated he did not like moratoriums as it sends a message to the building community. He hears your concerns. This particular house has raised that issue and it will stand out. He has discussed with Ryan and TJ the need to make changes to the zoning code. Some of these are just clean up issues. No one can find the map that differentiates the R2 and R3 residential zoning. He referred to TJ for comment.

Dlubac stated zoning districts were very difficult to manage because you are essentially setting up your own zoning district, a way to add flexibility. He doesn’t agree with that district in Mountain View.

Reid stated he would like to start the process right away with basic changes to the zoning code, making recommendations that clarify issues and the issues they are referencing we could try to schedule a workshop for that. He thought the site plan at 4347 was an optical illusion and TJ will review the plans from Ames too. Maybe it is a “lot massing” issue; the footprint may not be that substantial. He wanted to begin the zoning cleanup to re-clarify and re-state that all residential property as a R2 zone.

Discussion continued on: zoning changes moving forward; variations from zoning through the years; discussing a moratorium; having a wide range of residents input; having consultants on board; need for a work session/workshop.

Council agreed to attend a Workshop/Study Session on May 6, 2015, at 7:00 PM.


Kiddie commented the blue house on Ames was sold at auction for $150,000. There has been an inquiry about a duplex on the lot. It would be a special zoning.

He wanted Council to be aware that Sarah has been working very hard and handling the communications. He wanted to comment on what she has done, on cleaning up things and it has been an eye opener for him. Reid noted it as well. We have been getting things for the office as needed. Also, he stated he will be on Channel 9 News and he thanked them and told them they benefited the town.


Councilmember Lilliston motioned to adjourn and seconded by Councilmember Maurath. It was passed by unanimous roll call vote of council members present. Meeting adjourned at 9:30PM.



Sarah A. Albright, CMC
Interim Town Clerk



Jeff Kiddie