Town of Lyons BOT Meeting, March 7, 2022
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Town of Lyons Board of trustees Meeting March 7, 2022, 7 p.m. on Zoom
Present: Angelo, Karavas, Browning, Lowell, Rogin, Miller, Waugh.
Police Report: increase in cars being rummaged through; lock your doors! He will be putting together a report on “more cameras in town.” Browning reported that there is some large scale partying near the Welcome sign seemingly on a regular basis, with lots of debris leftover; police will check it out.
Trustee Reports: Rogin attended seminars helpful to her job. Browning went to Parks meeting; university students will be helping them with a “walkability study.” Library presented them with a proposition of doing a “storywalk,” for kids. SpiritHound hasnt posted any (MacIntosh) shares under the contract; and we should look at it at the next meeting as a possible violation. Waughn: everything already discussed. Lowell: not any thing to report. Miller: not any thing to report. Karavas: not any thing to report. Angelo: student advisory met and they discussed new members needed, will participate in Wedn. comp plan, and they did a traffic analysis.
Public Audience: Ian Brighton questioned funds budgeted; It’s more than the $200,000 shortfall, and the east side is critical, and needs funding. Give us more walkability/safe for pedestrians.
Staff: Bridge will be delivered soon and road will be closed. Flood plain mapping meetings coming up. Meeting with businesses and public coming up in March for conceptional designs of Broadway project (47 more parking spaces). GoCO improving Black Bear Hole work starting. Trail extension has not started (CDOT). Bohn Park drainage; add some for ballfield, continuing debate; will re-compact, and work on top dressing. Working on backup project. Discussed size of driveway, and access off 4th Avenue with McCain; needs to be brought before the Board. Discussed storm sewers.
Administrator Simonsen Report: Eco-pass continues this year. Resident Parking Passes for the two parks are now available (1 per household). The “Y” Route that was eliminated by RTD will have a new solution, to be decided later in spring.
Community Service Officer (a/k/a Code Compliance Officer) needed in Town parks; only 2 people have applied. Also maintenance position long open.
Attorney Ditman report: Everything he reported on is “being worked” on (no conclusion).
Public Hearings and Ordinances
2nd Reading – Public Hearing – Ordinance 1112 – an Ordinance of the Town of Lyons, Colorado Amending Chapter 16, Article 6 of the Lyons Municipal Code Updating Commercial & Mixed-Use Design Guidelines (Continued from
January 18, 2022 BOT Meeting) = Presentation: Existing code needs to be redone – design guidelines for commercial projects. The old ones was 36 pages of standards and guidelines, and now it’s 11 pages of guidelines only. Looked at other municipalities and drafted a new one, by PCDC. They may have to wait for the Comp Plan to be finished. 1st Reading was approved. PCDC has spent 3 months getting feedback from public. The guidelines are simple and meant to dissuade extravagant designs. (Vote/passed)
2nd Reading – Public Hearing – Ordinance 1113 – an Ordinance of the Town of Lyons, Colorado Amending Chapter 16, Article 17 Of the Lyons Municipal Code Updating the Site Plan and Development Plan Review Process (Continued from
January 18, 2022 BOT Meeting) = Presentation: it’s not broken but needs some clarity, and that’s what this does. Mayor Tem Browning went over the Amendments stating what was being clarified. Much of it gives the person making the presentation more appropriate time to see reviews and comments, so they can respond, and setting exact deadlines of notices, etc. (Amendments Vote/passed)
2nd Reading – Public Hearing – Ordinance 1119 – an Ordinance of the Town of Lyons, Colorado Amending the Lyons Municipal Code and Zoning Map to Allow Solar in the Parks and Open Space Zone = Everyone said they were sticking with what they said at the last meeting (passed 5 to 2)
2nd Reading – Ordinance 1120 = Increase compensation to BOT and Mayor: Rogin recused herself, because she will be mayor in spring and it will affect her. Everyone said they were sticking with what they said at the ls meeting. The increase will be effective January 2022; and members can decline accepting any payment; and there would be a stiped for childcare. (passed 6 to 0)
The Consent Agenda was unanimously approved.
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General Business
Discussion/Direction to Form a Wildfire Mitigation and WUI Code Task Force – (Separate meeting earlier discussed if we need a Commission created thru an Ordinance / or a Task Force – created with a Resolution.) Considering the urgency of the issue the trustees decided that the ‘Resolution’ be brought forth in the next meeting. It will then get it on the books so that the new Board can move forward quickly. People are more willing to join a temp Task Force, vs. a Commission that seem to go on forever. It was recommended that the fire chief be on the group, a Parks & Rec member, and someone from the Ecology Board, and maybe someone from the County.
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Discussion/Direction to Staff Regarding 2021 Preliminary Year-End Financial,
Update = presentation, unaudited. Projections made.
In all the funds there was more money brought in, and higher expenses, so it was close to what was expected. The $422,000 project Long’s Peak project wasnt done, so it needs to be rolled into the next year; Stormwater fund about the same. Any change from now on would require a budget amendment.
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Discussion/Direction to Staff Regarding Project Funding Shortfalls
Revenue Available: 1,230,000 / expenses 1,317,410 = (87,410) – can delay $152,000
—————-
Safe Routes: ($227,058) shortfall,
Black Bear Hole & 2nd Ave: ($77,234) shortfall,
US 36/Broadway: ($449,240) shortfall.
—————-2022 options to delay
Can reshift/delay 4 projects: small dog park $25,000, Depot landscaping $50,000,
general fund transfer to streets capital $300,000; and Trail extension project (Parks Fund Portion) $152,000.
—————currently available funding options:
general fund, 2021 leftover $93,000 (use all of it)
Parks fun – 2021 leftover $20,000 (use all of it)
Streets Capital Fund, 2021 leftover $300,000
Parks Fund, 2022 fund balance $161,000 (use $52,292 of it)
Conservation Trust Fund – 2022 Fund balance $160,000 (use $55,000 of it)
General fun – 2022 fund balance $39,000
Recovery set aside, 2021 – $200,000
Discussion: use tax and property tax from the hotel will bring in a very large amount of funds to help bring these numbers up; and some unused ‘contingency money’ that was added to each project; and, we had $100,000+ of revenue above projections in 2021, and perhaps it will happen again. Trustees felt the street projects are initial to get done. The current board cannot bind the future board (to appropriate money). Mayor Angelo said that he felt construction usually takes longer, and costs more than expected, and especially with rising construction costs.
There are two projects scheduled to be completed in May/June, and we could see if there is money leftover at that time. Once you start significant money on design, you are committed to complete it. It would not be appropriate to not drop the decision on a new board, who will just be learning about budgets. The (Safe Routes to School) 4th Avenue and Broadway project ended up being given priority. So, the other projects that would be dropped would make it essentially the Parks Fund that would fund the streets projects; this was debated; these are Park projects; the Parks director said there will be future costs for maintenance. Black Bear and Trailhead funds rearranging were then approved. The Streets Capital Fund would have $300,000 + $100,000 and re-appropriate the $200,000, which would be replenished should additional funds come in, which is a risk. Streets benefit residents, rather than giving outsiders something nice.
A Budget RESOLUTION will be the next step.
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Discussion/Direction on Potential Sale of Apple Valley Water Treatment Property
I. Resolution 2022-22 – a Resolution of the Town of Lyons, Colorado
Declaring 2186 Apple Valley Road, 2157 Apple Valley Road, and 0 N. St.
Vrain Drive as Surplus Property
ii. Discussion/Direction on Hiring a Realtor or Listing by Owner
Discussion: an appraisal is not necessary, per realtors. We can get Broker’s Price Opinion. The one with the water tank, we just need the access road. It has to be declared surplus to sell it; but you can negotiate a deal at any time. This may bring in $300,000 and the other two properties $500,000. The flag lot may be the only one that we may have trouble selling. One lot is in the flood plain. Those funds go into the water fund because it involves the water plant; and it can be used for the wastewater project. The 1/4 acre that was given to Boulder County, but people use that for public access to the river; If we allow access to that property, we need to adjust our insurance for liability purpose, and we will have spend funds on taking care of the property.
Vote/ 4 want to protect “property 0” access to river; make a “blind” choice of what realtor to represent us; 3 want to list all 3 properties:
A revised Resolution listed only 2186 and 2157 Apple Valley Road. Vote: 5 to 1, passed (Rogin did not vote; Karavas voted no due to liability on river access property).
MEETING CLOSED 11 PM
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Respectfully submitted by Kathleen Spring
See also our ARTICLE this week by Town Administrator Victoria Simonsen which chronicles what happened in the Town during the SECOND YEAR with COVID.
(The Mayor has not given a statement about the 2nd year with COVID)