Redstone April/May 2021

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EDSTONE R •E •V•I •E •W

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VOLUME 22, NUMBER 3

LYONS, COLORADO

RESIDENT / OCCUPANT PRSRT STD ECRWSS US POSTAGE PAID LYONS, CO PERMIT No 2053 $.50

APRIL 14 / MAY 19, 2021

B •R •I •E •F •S Join us, we’re hiring LYONS – Full-time and seasonal jobs available at the Town of Lyons. We’re looking for full time Maintenance, Finance Director, Accounts Payable and seasonal jobs in our parks. Learn more and apply today, Visit https: // www. townoflyons. com/Jobs.aspx.

Graduation news LYONS – High School will host the graduation ceremony for seniors on Saturday, May 29 at 10 a.m. Due to Covid there will be some limitations. The school is allowing six family members per student to attend the graduation this year. For more information contact Lyons Middle/Senior High School. Andrea Smith, Ed.D. is the Principal at Lyons Middle Senior High School.

Students apply for Community Service by April 30 LYONS – If you are going to be a junior or senior next year, have a 3.5 GPA or higher, and are interested in community service, you are eligible for the National Honor Society. You will need to fill out an application and get a letter of recommendation from a teacher. Please turn into Mr. Deming by April 30.

Looking for stories from LGBTQ+ community to share for Pride Month LYONS – The Redstone Review and the Wide Spaces Community Initiative are looking for four to six short pieces to publish in the June issue. We are looking for honest voices from the LGBTQ+ community to share. The pieces should be 200 to 400 words long. Please send your finished piece by June 1 to Janaki Jane at joyjane@gmail.com.

Track and Field and Baseball LYONS – Season D Athletics: Track and field and baseball are set to begin April 26 if approved by CDPHE and Boulder County. Baseball: If you are interested in playing baseball this season, please contact Kale Olson, Head Baseball Coach at olson_ kale @s vvsd.org. There are currently open fields that are communicated weekly by Coach Olson. Continue Briefs on Page 7

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I •N •D •E •X LYONS TOWN STAFF INTEREST OPTIONS EDUCATE INSIGHT OPPORTUNITY A&E FORWARD CONSIDER STABILIZE LOOK AHEAD WHAT’S COOKIN’

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A mother comforts her daughter while they both try to understand. The memorial wall grew spontaneously on the fence around the periphery of the Table Mesa King Soopers, Boulder, site of the mass shooting that took the lives of ten people March 22. PHOTO BY CATHY RIVERS

Lyons Town Board moves forward with Summit documents, discusses campsites and business expansions By Susan de Castro McCann Redstone Review Editor LYONS – The Summit Housing Group is going into its final approval stage for its affordable housing development in Lyons Valley Park. Summit Housing turned in its final plans and building permit applications to the town staff. The applications will now go through their final review process with all the town departments. According to Town Administrator Victoria Simonsen, Summit wants to get through all the approval process while still working on financing. “They want to begin construction in early June; construction will be 13 to 16 months and they are moving forward,” she said. Simonsen gave an update on the new projects going on in Lyons. She said that Spirit Hound is planning to build a two-story building at its Ute Highway location, to expand both its manufacturing area (the distillery) as well as the seating area. She added that the town has received an application from Igadi, which will be a new marijuana dispensary, next to Spirit Hound. Igadi has cannabis dispensaries in Nederland, Northglenn, Lafayette, Louisville, Central City and other places. Lyons town attorney Brandon Dittman reported to the town board on three separate legal matters. He said Paul Frysig turned over a check to the town for a payment of $2,000, the first of 10 payments he owes for some unpaid lease agreements totaling $20,000 which were settled after litigation. A second issue Attorney Dittman reported on to the board was the ongoing litigation with Honeywell International Inc., the company that was hired to redesigned/upgrade the Lyons wastewater treatment plant. After years of trying to get Honeywell to fix the problems at the plant, the Town of Lyons filed

a lawsuit against Honeywell and its subcontractors for failure to properly install upgrades to the wastewater treatment plant in Lyons. The lawsuit was filed on Feb. 26, 2021 in Boulder County District Court. Lyons hired Honeywell Inc. in 2010 to upgrade the wastewater plant for $5.86 million. The upgrades were supposed to improve the plant’s use of energy and to save money. Dittman said that Honeywell asked that the complaint that Lyons filed in Boulder County Court be dismissed or stayed pending any arbitration. He said that Lyons filed a motion in response saying why it should stay in Boulder County Court. A third issue Attorney Dittman reported on to the board was the issue of the lawsuit filed by Save our St. Vrain Valley (SOSVV) over a special-use permit issued to Martin Marietta to operate a gravel pit mine. The permit, issued some years ago, said that if Martin Marietta did not mine the land for five years, the special-use permit would expire. SOSVV asked Boulder County if the permit had expired, since Martin Marietta was not mining the land and Boulder County said the permit did not expire. Martin Marietta claimed that since there was an economic downturn in 2007-ish period and mining activity had ceased during that time their permit was still active. It also claimed to have done a certain amount of land reclamation on that land, which counted as using the land for mining. SOSVV disagreed with that decision and sued Boulder County. Eventually there was a Board of Adjustments (BOA) decision saying that Martin Marietta’s permit did not expire due to reclamation activity. SOSVV went to the District Court which sided with Boulder County. Then it went to the Colorado Court of Appeals. Early in April the Colorado Court of Appeals issued a decision saying that a special-

use permit required actual mining use and not just reclamation activities. The court ruled that the Martin Marietta special-use permit had actually expired and Martin Marietta is no longer permitted to mine on that site, overturning the District Court decision. There is currently an order to gather some more information, but unless Martin Marietta can come up with some new information or unless it goes back to Boulder County and asks for a new special-use permit to mine that land, it won’t be able to use its current special use permit to mine their land. Attorney Dittman said that this is one of the very few times that a Court of Appeals has overturned a BOA decision, and the first time he can remember it happening. He said it is of interest to Lyons because of its close proximity to the town. After a very lengthy and brisk discussion about camping permits in Lyons that went on way into the night, the town board decided to ask staff to come up with some parameters for campsites in Lyons. The board wants to define the number of campers that constitute a campsite and the size of the campsite in terms of how many tents can be on one campsite. Attorney Dittman has been asked to create an ordinance to define what constitutes a campsite in the parks. As of now, six people qualify as a campsite and several tents qualify as a campsite, but the board wants to tighten up the definition and perhaps allow fewer campers and tents on a campsite. Due to the lateness of the meeting, it was decided that the board would hold a special meeting on April 22 to pass an ordinance on first reading to define campsites. There will be an executive session at 6 p.m. on April 22 and the special meeting to define campsites will be held right after the executive session. In other news the town passed an ordinance to change the language in business licenses issued by the town. The issue came up when the town board wanted to revoke the business license from the former Lyons Den Restaurant and Taphouse on Main St. in Lyons for violating its liquor license, as well as incurring Continue Town on Page 13


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Redstone April/May 2021 by Redstone Review - Issuu