Issuu

VOLUME 36 | ISSUE 1

WEEK OF JANUARY 4, 2024

Women farmers network in Greeley Hired guns Colorado wants to hire lawyers to prosecute gun crimes in federal court, some of which are no longer illegal BY JESSE PAUL THE COLORADO SUN

“Throughout time, you know the product and how it works, and the respect comes from that,” Miller said. Double Diamond M is a livestock and meat company. Miller is a third-generation American living in Colorado. Miller and her husband Alex have raised livestock all of their lives since 1989. But in 2013, the Millers’ life changed; her husband Alex was in a car accident. “He worked in insurance and got into a head-on car collision. He wasn’t the same, and I couldn’t work after that,” Miller said. Miller said it put her in the position to care for him and myself, trying to figure out what she should do for a living. “I already knew about running a cattle ranch, and it was what we decided to do. God gives you specific things in life,” Miller said. Miller runs her ranch with her daughter Megan, 22, and her son Wyatt, who’s 13. Her husband Alex helps when he can.

Colorado’s governor and attorney general are asking the legislature for $600,000 to hire a group of attorneys who would be loaned out to the federal government to prosecute gun crimes in federal court. Proponents say the initiative would target only the most dangerous offenders. But it would also let attorneys paid for by the state pursue cases that are no longer illegal under state law. The Colorado legislature in 2021 rolled back a blanket prohibition barring people convicted of felonies from purchasing or possessing guns. Instead, only those convicted of committing the state’s most serious crimes, like murder, rape, assault, robbery, arson and child abuse, can’t have a firearm. Felony convictions for drug crimes and car theft, for instance, no longer trigger the ban. Under federal law, however, a person convicted of any felony crime is still barred from buying or possessing a firearm or ammunition and faces a 10-year prison sentence if found guilty. The money being requested by Colorado Attorney General Phil Weiser, alongside Gov. Jared Polis, would go toward paying four state lawyers to operate out of the U.S. Attorney’s Office in Colorado. They would act as federal prosecutors specifically focused on gun crimes, including firearms’ possession charges against those socalled previous offenders. There are four lawyers from the Denver City Attorney’s Office and one lawyer from the Aurora City Attorney’s Office who are already doing just that as part of a program created by U.S. Attorney Cole Finegan, the top federal prosecutor in the state. They started their work earlier this year and have already taken on dozens of cases. Finegan said the initiative is aimed at getting the most dangerous people in the state off the street as efficiently as possible by asking judges to jail them pending trial and then by leveraging the stricter prison penalties that accompany federal criminal convictions. “When I took this job, one of the things that was really shocking to me was simply how much violent crime we have in Colorado and how many guns we have in Colorado,” said Finegan, who was appointed by President Joe Biden.

SEE FARMERS, P6

SEE GUNS, P5

Women ranch and farm operators at the Women in Ag conference on Nov. 17 & 18. BY BELEN WARD BWARD@COLORADOCOMMUNITYMEDIA.COM

• Vestas to lay off 200 employees •27J Schools moves online-only Dec. 1

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BUSINESS

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LOCAL OBITUARIES LEGALS CLASSIFIED

INSIDE THIS ISSUE

LOCAL

A Colorado effort to build a supporting network of women in agriculture kicked off in Greeley in November. More than 50 women attended a two-day Colorado Women in Ag Conference, drawing women from across Colorado involved in agriculture operations from small farms to large cattle ranches. Weld County hosted the conference Nov. 17 and 18 at Island Grove Event Center in Greeley. “The goal of the conference was to bring together women in agriculture and build a network to support their efforts,” said Hannah Swanbom, Director of Weld County’s Colorado State University Extension Office. “I’m proud to say this was a strong first step in reaching that goal.” The event featured many speakers, including Colorado Commissioner of Agriculture Kate Greenburg and Colorado State University Interim Vice President of Extension and En-

gagement Kathay Reynolds, with the goal of education and support for Colorado women in agriculture to remain solid and sustainable. According to Colorado State University Extension, half of all primary or secondary farm operators in Colorado are women, and that number is growing. Swanbom, who also worked in the agricultural industry, said women experience challenges navigating agriculture. “It can be intimidating to ask questions or obtain resources as a woman in agriculture,” said Swanbom. “Having a conference for women, where they can be in a positive and encouraging environment, is a strong step toward helping women be successful in whatever facet of agriculture they are involved in.” Jane Miller owns the Double Diamond M Ranch in Brighton and knows what it’s like navigating in a world of agriculture dominated by the world of men to prove that she knows the industry and the product to be respected.

COURTESY PHOTO

BRIEFS: PAGE 2 | OBITUARIES: PAGE 4 | CLASSIFIEDS: PAGE 8 | LEGAL: PAGE 10

COMMERCECITYSENTINEL.COM • A PUBLICATION OF COLORADO COMMUNITY MEDIA

POLIS ON TUITION

Governor asks colleges to keep costs low P7

2 Commerce City Sentinel Express

January 4, 2024

BRIEFS Submit names for new park

Commerce City is accepting recommendations for the official name of Oasis Park, one of two new parks. Based on these recommendations, city staff will compile the list of names, and the Parks, Recreation, and Golf Advisory Board will recommend them to the City Council. The Oasis Park site is located within the natural setting of Second Creek Open space, just west of the Buffalo

Highlands neighborhood on the south side of E. 96th Avenue. The park has open space for informal recreation, relaxation, and community gatherings; a children’s playground with shade structures, public restrooms, an embankment slide, and an overlook plaza. To learn more and submit your recommendation visit c3gov.com/ SCFOasis Commerce City seeking Snow Guardians

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Commerce City Code Enforcement is introducing the new Snow Guardians program to help residents be good neighbors by offering free snow removal services to residents who qualify. Snow Guardians assist residents who are not able to clear their sidewalks of snow and ice to comply with the municipal code due to age, disability, or some other condition. Commerce City’s municipal code makes property owners responsible for clearing public sidewalks adjacent to their property of snow and ice within 24 hours of the last snowfall. If shoveling snow is a hardship due to age or disability, contact Code Enforcement to apply to have the city clear your public sidewalks to keep you in compliance with the code and help keep our sidewalks safe! To qualify, you must be a resident of Commerce City, have limited financial resources, and be unable to shovel the property’s sidewalk due to age, disability, and/or other conditions. Learn more about the program and apply at c3gov.com/CodeEnforcement. Workforce & Business Center workshops

The Adams County Workforce & Business Center is hosting multiple workshops throughout November. Visit the center’s website, https:// adcogov.org/workforce-businesscenter, for a full class schedule, which includes contact information for each workshop. The center has locations in Aurora, in Westminter’sPete Mirelez Human Services Center, 11860 N. Pecos St and at 36 South 18th Ave. in Brighton. Adams County internships available

Are you interested in learning more about working for local government? Adams County currently has paid internships available. Opportunities include a cook ($16.48/hour) and classroom aide ($15.62/hour) for Head Start, an IT intern ($17/hour) for the Sheriff ’s Office, and a Healthy Farmers Market intern ($17/hour). These opportunities are available through the Workforce & Business Center. Those interested should work with their Business Center case manager or call 720.523.6898 to get established with a case manager. CCPD Introduces Online Crime Reporting Form

The Commerce City Police Department has a new online reporting tool allowing the public to report some non-emergency crimes and receive a police report immediately without speaking to a police officer. Community members can now

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conveniently report incidents that do not require immediate officer intervention, such as fraud, identity theft, lost property, theft/shoplifting (less than $2,000), and vandalism. The new form is online now in English and Spanish at c3gov.com/ ReportACrime. Residents should always call 911 for emergencies. ‘Taking No Chances’

The 17th Judicial District Attorney’s Office and The Link, a community resource and assessment center in Thornton, offer free, 10-week programs to families of Adams County teenagers to help develop personal and interpersonal drug-resistance skills. Sessions are from 5:30 to 6;30 p.m. Wednesdays. Call 720-292-2811. Walk with a doc

Platte Valley Medical Center’s cardiac rehab team and Walk With A Doc will host monthly walks with Dr. Christopher Cannon, an interventional cardiologist at Brighton Heart and Vascular Institute. This is a walking program for everyone interested in a healthier lifestyle. After a few minutes to learn about a current health topic from the doctor, spend the rest of the hour enjoying a healthy walk and a fun conversation. It’s a great way to get out, get active, and enjoy all the benefits of walking. ‘Taking No Chances’

Commerce City has openings for several boards and commissions, including the city’s cultural council, the housing authority, and the Derby Review Board. Visit https://www.c3gov.com/ Home/Components/Form/Form/70 316b05422c448492c51da0f0e0fd86/ to sign up. Legal self-help clinic

The Access to Justice Committee hosts a free, legal self-help clinic from 2 to 3:30 p.m. on the first Tuesday of every month. The program is for those without legal representation and needing help navigating through legal issues. Volunteer attorneys are available to discuss family law, civil litigation, property, and probate law. Call 303405-3298 and ask for the Legal SelfHelp Clinic at least 24 hours before.

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Commerce City Sentinel Express 3

January 4, 2024

Senior Hub suspends Meals on Wheels food deliveries web page at seniorhub.org/ partner CBS Colorado reported that tion about the service until Senior Daily meal deliveries were its mow Dec. 23 saying that Meals on $1.7 million in COVID-era Ameri- Hub reopens on Jan. 2. services will be suspended can Rescue Plan funds were due to As of 2021, the Senior Hub-led set to end New Years Eve, Wheels as of Dec. 31, and directed ques- run out. CBS Colorado reported that program delivered between 300 and to the charity’s office phone Senior Hub is looking for new spon- 400 meals to seniors daily in westaccording to group website tions number. sors for the program and raising ern Adams County across 20 routes. STAFF REPORT

Senior Hub, the Northglennbased senior charity, announced it was ending its Meals on Wheels program in Adams County beginning New Years Eve. The group posted an update to

However, all employees of the charity were gone for the holiday, with messages saying the office would be closed until Jan. 2. Colorado Community Media has left several voicemails and sent emails to staff but has had no response as of Dec. 27. Colorado Community Media

money online while seeking shortterm money from Adams County, but is suspending meals until more money is available. Rhiannon Collins, the communications director for the national Meals on Wheels organization in Arlington, Va., said the national organization does not have informa-

Denver, Broomfield, Boulder and Brighton also offer Meals on Wheels programs and those programs have not been suspended. Senior Hub also operates a rural Meals on Wheels program for eastern Adams and Arapahoe counties and that service’s web page does not indicate it was suspended.

Controversial Building Proposal in Lakewood Is About More Than Birds

The Dec. 24th Sunday Denver Post had a lengthy article on its business pages about a 412-unit apartment building being proposed by a Texas developer for a 5-acre site adjoining Belmar Park (see satellite image at right). The focus of the article was on the birders who are fighting the project as best they can, given that the public and city council have no say in Lakewood when it comes to development. That’s right — no say in any proposal to build on private property so long as it complies with zoning. The City Council doesn’t even have a say on subdividing land, although it’s a review body for appeals on major subdivisions. This project is on a single 5-acre owned parcel and, because it’s zoned multifamily, the owner could build a 12-story apartment or mixed-use building if he wanted. The developer, Kairoi Residential of San Antonio, is proposing a 6-story apartment building — still taller than most buildings in downtown Lakewood. The City of Lakewood has ceded all regulation of such projects to its planning department. The planning director could, if he wanted, submit this project to the city’s planning commission for hearings and debate, but he has chosen not to, despite the controversy. Anita Springsteen (below) served a 4year term on the Lakewood City Council through November. She decided not to run for re-election because the council has no power. Once she was told by the city attorney that council members are like citizens and that she had no more right to the information she was requesting than an ordinary citizen. One such citizen, Mark Smith, made a Colorado Open Records Act (CORA) request for such information and was told that it would take 149 staff hours to produce the information and would cost him over $5,000. Mark is a retired city planner and he said that he knows of no other jurisdiction which provides literally no public process for approving significant development proposals. The City of Golden has a process that could be a model for Lakewood and any other city. Check out

guidinggolden.com/planning-projects for inspiration. It includes a process for councilors and citizens to have a voice. Lakewood has an ordinance requiring any developer to set aside parkland in proportion to 5 acres per 1,000 added population. For the Belmar Park development, that formula should require 3.5 acres, but the entire parcel is only 5 acres, so the director of community resources is allowing the developer to pay the city $254,545 per acre in lieu of that requirement. Again, no public or legislative say in that decision and, of course, no hearing. The planning commission would hold hearings; the planning director just decides. Anita Springsteen moved that the city manager deny the in-lieu fee, but Mayor Paul said, “I’m not going to allow a vote on an illegal motion.” How is that? In recognition of local concerns, the developer announced a 2-month “pause” on October 18 to allow for a “neighborhood meeting.” That meeting, as de-

The big story here is that Lakewood has no public process for controlling development. scribed on the planning department’s website consisted of up to 3 members of city government, 3 representatives of the developer and 3 residents of Belmar Commons, a 45-unit townhome community closest to the project. It was unannounced, and no recording was made. Instead, facilitator hired by the city took notes. Those notes did not include the names of any of the attendees. The planning department’s web page for the project says bluntly, “This property has had this property right to build multistory uses for a long time, and courts have been quite clear that elected officials and cities can’t impinge or impede a private property owner’s property rights allowed under a ‘use by right.’ Courts have viewed efforts to do this as a ‘taking’ of property rights.” Further, the web page says that “the proposed development will occur solely through the administrative process managed by the Planning Department. That means the Planning Department

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If you live in another city, how does the way Lakewood operates compare with your city?

will review the development to ensure it is meeting the city’s regulations for setbacks of the building, heights, green space requirements, landscaping, etc.” In 2019, Lakewood’s voters approved the Strategic Growth Initiative which imposed a 1% growth limit, patterned after a similar law in Golden. That law also included a provision that projects of 40 units or more should go to the city council for approval, although that has not been followed, as far as I can tell. In the wake of 2023 legislation outlawing growth limits statewide, the city council repealed the Strategic Growth Initiative and then re-passed it with a 2year sunset provision, meaning that it dies unless the council (or voters) vote to retain it. Curiously, the new law retained the 1% growth limit, but it sunsets along with the rest of the law in 2025. I asked why the 412-unit Belmar Park project doesn’t violate the 1% growth limit. It’s because the original designation of the downtown/Villa Italia district as “blighted” exempts that area from the limitation, even though it’s hardly blighted nowadays. By now you’ve probably guessed that the majority of city council members are pro-growth or even pro-developer. I interviewed Ramey Johnson, who served on Lakewood’s city council from 2010 to 2020, and she couldn’t think or any jurisdiction in which the governing body has ceded its authority over development to administrative staff the way Lakewood has. “It’s wrong,” she told me. She says that council has incrementally relinquished its power to administrative staff over many years.

She told how in 2003, in response to “angst” over CCU students living in residential areas, council passed an ordinance defining a “Student Living Unit.” When the zoning ordinance was rewritten in 2012, Ramey noticed that definition had been deleted without pointing it out to the city council. Travis Parker, the director of planning, responded, “It wasn’t needed anymore.” “The staff simply took out something that was voted by City Council,” Ramey said. “What else was deleted?” Lakewood has among the lowest paid elected officials and highest paid staff of any city its size. City council members make $12,000, the mayor makes about $40,000, but the city manager makes about $350,000 (with benefits), and the department heads, like Parker, make over $200,000. Council members have no staff and no expense accounts. “We even have to buy the coffee for our ward meetings,” Anita Springsteen told me. “This is a recipe for corruption,” She has studied the campaign finance disclosures of her fellow councilors and the mayor and told me that the lawyer representing the developer made a campaign contribution to Mayor Paul — and after the election, the chairman of her firm, Norman Brownstein, made a contribution to Paul’s campaign despite the fact that Paul was then term-limited. No building permit has been issued yet for the Belmar Park development. But nothing’s really stopping it.

I’m Now Publishing on Substack

Everything you read in this ad each week — and more — is published at http://RealEstateToday.Substack.com and comes to you automatically each Wednesday. I also write a political column you might like. Find it at http:// TalkingTurkey.Substack.com. Starting in January, I’ll be writing a travelogue of our world cruise on the Viking Sky. You can subscribe to that publication at http://wherearejimandrita.substack.com.

Jim Smith

Broker/Owner, 303-525-1851 Jim@GoldenRealEstate.com 1214 Washington Ave., Golden 80401 Broker Associates: JIM SWANSON, 303-929-2727 CHUCK BROWN, 303-885-7855 DAVID DLUGASCH, 303-908-4835 GREG KRAFT, 720-353-1922 AUSTIN POTTORFF, 970-281-9071 KATHY JONKE, 303-990-7428 “I cannot do all the good the world needs, but the world needs all the good I can do.” —Jana Stanfield

4 Commerce City Sentinel Express

January 4, 2024

Northglenn tests saving water for a dry day City testing underground water storage at Northwest Open Space site BY SCOTT TAYLOR STAYLOR@COLORADOCOMMUNITYMEDIA.COM

Northglenn will start experimenting with underground water storage, tapping into the aquifers that run under Metro Denver to pump water in. “Normally what we do is pump our water from Berthound Pass into Standley Lake, but there are evaporative losses there,” said Northglenn Water Resource Administrator Silas Adams. “What we’re testing is storing this water in case we need it. You say you plan for a rainy day, but we’re trying to set some water aside in case we have a dry day — or an extended drought period.” Crews were set to begin drilling into the aquifers at the city’s 2350 W. 112th Ave. water treatment facility in the Northwest Open Space during the first week of January. Drilling should be finished in April. “We’ve already contacted most of our nearby residents to let them know,” Adams said. “Hopefully, barring any sort of delay, we’ll get start-

ed drilling on Jan. 2 and once get started, there will be periods where we are going 24 hours per day. We won’t be doing that for the entire time but there will be periods like that. We’ve erected a 32-foot sound wall around the site and we will be doing what we can to mitigate those impacts.” Denver Water has tested underground storage, but Northglenn is the first northern metro community to try it. The plan is to test the water’s quality before pumping it underground, beginning in April. The tests will look for trace elements, minerals and potential pollutants. Then, water will be pumped out from the aquifer a year or more later and will be tested again. “We want to see what the impacts are on water quality, after pumping it into the well and then bringing it back up,” Adams said. “Currently, this is a pilot project, so there will be no large-scale storing of water until we have received authorization from the State and EPA. I will have further details on our storage capacity potential after those permits/authorizations have been finalized.” Colorado’s Front Range sits atop several aquifers, from Wyoming south to Colorado Springs — the Dawson, Denver, Arapahoe, Lara-

Our Family Helping Your Family SWARR

mie/Fox Hills and the Pike Rampart aquifer. Adams said Northglenn’s goal is to pump water it gets from Berthoud Pass via Clear Creek into the Arapahoe and Laramie/Fox Hills aquifers. The Arapahoe aquifer covers some 4,700 square miles and is as deep as 1,700 feet below ground. More than 1,000 wells have been drilled into the aquifer, including several Colorado municipalities. The deeper Laramie/Fox Hills aquifer covers 6,700 square miles and is 2,400 feet below ground at its deepest points — the deepest of the Front Ranges aquifers. Adams said Northglenn crews will need to drill about 500 feet down to reach the Arapahoe aquifer and 1,400 feet to reach the Laramie/Fox Hills aquifer. “We are talking something like a couple of years for this entire process,” Adams said. “Once we get the wells drilled, we have to test the water before we can really get started. So we are talking a year or two of testing before we might be able to start storing parts of our water rights portfolio.” Northglenn already has rights to pump a limited amount of water from the aquifers, but Adams said there is no limit to how much water it can pump in and then pump back out.

The 32-foot-tall sound erected at Northglenn’s Northwest Open Space is hiding a test drill. The city is testing pumping drinking water underground to store it COURTESY at the site.

“Essentially, if you have groundwater rights, you are limited to how much groundwater you can pump out,” Adams said. “But with this, if we pump in 10,000 acre feet of water we can pump that 10,000 acre feet out when we want.”

24-Hour Phone Lines 303-654-0112 • 303-857-2290 Brighton: 75 S. 13th Avenue Obituaries, Arrangements and Resources Online at

taborfuneralhome.com

Herbert Ryde Swarr

November 2, 1937 - December 21, 2023

Herbert Ryde Swarr was born to Harold R. and Gertrude Swarr of Christiana, Pennsylvania and was the youngest of three siblings. He married Laurel Leah Olsen Swarr in 1963. They had three sons, Eric, Luke, and Morgan. As a teenager, Herb dreamt of becoming a pilot. After graduating from high school, he attended Embry-Riddle Aeronautical University for flight training. His first major airline job was flying for Continental Airlines. Herb and Laurel moved to the Denver area in 1963 for employment with Continental. In 1964, they moved to Brighton and established a family. Herb flew for Continental until 1984 and went on to fly for Emery Worldwide Airlines until retirement in 2001. He flew many iconic commercial aircraft such as the Vickers Viscount, Lockheed Super Constellation (engineer), DC-3, DC-4, DC-6, DC-7, DC-8, DC-9, C-46, Beech-18, and the Boeing 727. Finally, after mandatory retirement, he was an engineer on the DC-10. Ironically, this DC-10 was originally a Continental aircraft.

Herb was an incredibly active individual. He loved working on his property up until his last three months. Much of his activity was centered around horses. Herb was a fine horseman showing and jumping as a youth. Later, his equestrian activities were focused on trail-riding all over Colorado. He particularly liked to ride with his boys, friends, and relatives in the Ute and Papoose basins. Known for his generosity, high- spirted personality and colorful character, Herb was well regarded by his fellow pilots, family, and friends. He was especially proud of his sons and grandchildren. Herb and Laurel maintained a strong tradition of family gatherings that included lively Christmas celebrations. Herbert is survived by his sons Eric (Vicki), Luke (Sandy), and Morgan (Tina). Herb and Laurel have nine grandchildren, Jerrett (Val), Mason, Kaden, Tyler (Sarah), Andrew, Matthew, Austin, Allison, and Alayna. They have one great granddaughter, Abigail. Herb is preceded in death by his wife Laurel, his parents, his older brother Harold D. Swarr and his sister Ruth Ellen. Herb is with his savior Jesus Christ.

SCOTT

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Keith Leroy Scott

August 19, 1949 - December 12, 2023

Keith Leroy Scott departed this life on December 12, 2023, in Firestone, Colorado. He was born in St. Francis, Kansas, on August 19, 1949, to Wesley Hiram Scott and Margaret (Enevold) Scott. Keith was a graduate of Fort Lupton High School and was on the Bluedevils football, wrestling and track teams. He held various positions in the construction industry and also worked for the public works department in Fort Lupton. An avid fan of the Denver Broncos and all sports, Keith enjoyed fishing, hunting and especially spending time with his family

and friends. Keith is survived by his wife, Imogene S. Yokooji; his sons Richard (Avril) and Zachary; his grandson, Benson; his sisters, Karen Call, JoAnne Birrenbach, Betty Scott and Mary Adkins and many nieces and nephews. In addition to his parents, he was preceded in death by his brothers Wesley and Wayne, and his sisters Kathy and Janie. A Celebration of Life will be held on Saturday, January 27, from 2 to 4 p.m. at the Fort Lupton Recreation Center. Memorial contributions may be made to the donor’s favorite charity in lieu of flowers.

Commerce City Sentinel Express 5

January 4, 2024

GUNS FROM PAGE 1

“There’s a small group of people that really perpetrates a lot of the violent crime in our community.” Federal prosecutors have long used federal gun laws, and the strict penalties that accompany them, as a way to target violent offenders, particularly people accused of being in gangs and trafficking drugs. But with only about 45 total prosecutors in the U.S. Attorney’s Office in Colorado, fewer than the number in many district attorney’s offices, the scope of that work has been limited. “I think an obligation we all have as public servants, and as people involved in law enforcement, is to be creative and to try to find different ways to get criminals off the street,” said Finegan, who served as Denver’s city attorney under then-Mayor John Hickenlooper. “If we have people walking around in our communities who are felons in possession of guns they shouldn’t be in possession of (committing crimes in the community), then we should get them off the street.” Finegan said he originally wanted to recruit prosecutors from district attorney’s offices across Colorado for the initiative after hearing complaints from district attorneys about the changes to the state’s gun possession laws, but that option didn’t pan out. That’s when he turned to the city attorney’s offices in Denver and Aurora. Denver City Attorney Kerry Tipper said the program with the U.S. Attorney’s Office, which costs Denver about $633,000 annually, was started under her predecessor, Kristin Bronson. Tipper views it as a big success. “To have four folks who are just focused on (gun) crimes in Denver — I think that has made a difference in the safety of Denver’s residents,” said Tipper, a former state representative. One of the federal cases the lawyers from the Denver City Attorney’s Office are pursuing is against a man previously convicted of felony drug crimes who used a stolen handgun in a downtown Denver shooting. Edward Martin Jones’ conviction and 32-year prison sentence in the shooting were tossed in December 2022 by the Colorado Court of Appeals on a speedy-trial technicality, after which federal prosecutors charged him in June with being a previous offender in possession of a weapon. A Colorado Sun review of court records indicates Jones would no longer be considered a previous offender under the state’s gun laws. In another case, an attorney for the city acting as a federal prosecutor charged a man previously convicted of a felony with receiving guns bought by an alleged straw purchaser — a person who legally buys weapons with the intent of transferring them to someone who is prohibited from having them — at gun shops in the Denver area. The straw purchaser was also charged. In a third case, a lawyer paid for by the Denver City Attorney’s Office is pursuing federal gun charges against two men — Mitchell Leland Baca and Jaki Martin-Birch — accused of committing a string of armed bank robberies. Baca has two prior felony convictions, according to federal prosecutors. Finegan said the attorneys from Denver are focused on prosecuting gun crimes that happen in their city, while the attorney from Aurora is focused

on going after gun crimes in theirs. So far, they are handling or have handled about 60 cases. The prosecutor from the Aurora City Attorney’s Office is paid about $150,000 a year in salary and benefits. A spokesperson for Polis, a Democrat, said the budget request is aimed at prosecuting federal gun crimes that happen in other parts of Colorado that can’t afford to loan out a lawyer to the U.S. Attorney’s Office. If the legislature approves the budget request, Finegan said the state lawyers will be assigned to cases in parts of Colorado where they’re needed most. “We would try to be creative and look for places that we think they would make the most impact,” Finegan said. Weiser, who is also a Democrat, said his office already works with federal law enforcement to investigate and prosecute drug crimes. “The concept here is a similar one,” he said. “It’s a chance to keep Colorado safer. We’re relying on our federal partners rather than doing it ourselves.” Weiser said he’s confident the state lawyers would be prosecuting only the most dangerous criminals. “I believe the cases that we’re talking about here are ones that everyone would recognize are really problematic and troubling,” he said. “The other part about this proposal is we will have every ability to continue evaluating it. These will be state of Colorado employees. If this program is unhelpful or counterproductive in any way, we’re not married to it. We just want to give it a shot.” When the Democratic-controlled Colorado legislature in 2021 limited the felony convictions that brand someone a previous offender under state gun laws, the change was made as part of a broader reclassification of felony and misdemeanor offenses. The shift made it so only those previously convicted of felony crimes that fall under the Victims Rights Act — like murder, rape and assault — were prohibited from purchas-

ing or possessing a gun. The legislation passed unanimously in the Senate and along party lines in the House. Facing criticism for the change, the legislature revisited the issue in 2022 and, with bipartisan support, added back a list of dozens of felony convictions — engaging in a riot, human smuggling and unlawful termination of a pregnancy, to name a few — that bar someone from buying or having a firearm. The budget proposal from Polis and Weiser is likely to meet resistance in the legislature from progressive Democrats, who have pushed for criminal justice reforms that reduce incarceration. Two members of the Joint Budget Committee, which will be the first panel to vet the request, didn’t respond to Sun requests for comment. But state Sen. Dylan Roberts, a Frisco Democrat who sponsored the 2021 bill limiting who counts as a previous offender under state gun laws, said he will have questions about why the state has to foot the bill for federal prosecutions. “If this is such a priority for the federal government,” he said, “why can’t the Department of Justice get Colorado’s U.S. Attorney’s office more funding for it?” That being said, he’s generally OK with people being charged in federal court with crimes that they could no longer face on the state level. “These are offenders that we need to make sure don’t have access to firearms,” said Roberts, who used to work as a local prosecutor. Tipper was a state representative when the measures changing the state’s gun possession laws were debated at the Capitol. She voted for both. But she, too, supports using federal law to fill the new gaps in Colorado’s statutes. “Regardless of what state law says, these are individuals who, under federal law, cannot possess firearms legally,” she said. “The way that the feds

target these cases, they’re looking at individuals who are … creating unsafe conditions. I don’t have any reservation about leveraging a tool that exists to make Denverites safer.” Weiser said he would prefer that the legislature add more felonies, like drug distribution, to the list under which someone could be charged in state court as being a previous offender in possession of a weapon. But even if those changes were made, he thinks the partnership being proposed would still be worthwhile because of the harsher penalties in the federal criminal system, he said. “I think there’s an argument that this would be a valuable enterprise even if Colorado hadn’t passed some of those laws,” he said. The budget request will go before the full legislature, which reconvenes Jan. 10, sometime in early spring.

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Polis wants colleges to hold tuition below inflation, but budget doesn’t provide funds BY BRIAN EASON THE COLORADO SUN

When Gov. Jared Polis released his proposed higher education budget last month, he told the Joint Budget Committee his goal was to make college more affordable by holding instate tuition increases to 2%. But the governor glossed over a key detail: His spending plan doesn’t actually provide Colorado’s colleges and universities enough money to do so. In early budget writing discussions for the 2024-25 fiscal year, funding for higher education has emerged

as a major divide between the state’s Democratic governor and lawmakers on the JBC who say Polis’ plan doesn’t provide enough funding. Polis’ proposal does give the college governing boards a slight funding bump — $41 million, or a 2.9% increase over the $1.4 billion budgeted this year. But after a decade of low state funding and falling enrollment, that won’t come close to covering the cost of holding tuition increases to half the rate of inflation, as the governor has called for. Rising costs mean colleges and universities will have to increase spend-

ing by more than what Polis is proposing just to maintain the status quo, lawmakers learned this month in a budget committee briefing. Salaries, benefits and other costs are projected to go up 3.8% next fiscal year, a figure that could rise even further if institutions of higher education implement a new pay plan for state workers. Add it all up, and institutions could be as much as $133 million short of what’s needed to hold in-state tuition increases to 2%, according to a nonpartisan legislative budget staff analysis. The governor’s plan calls for colleges to pass on $80 million of those

costs to out-of-state students through a 6.5% tuition hike. The rest, he has suggested, could come through campus-level belt-tightening. In Colorado, the governor’s budget proposal is just that — a suggestion that budget writers on the JBC can take or leave. But it’s a critical starting point, because lawmakers often defer to what departments say they need to fund public services and the governor’s priorities. The budget year starts July 1, and the spending plan must be approved by the legislature each spring. SEE TUITION, P12

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Commerce City Sentinel Express 9

January 4, 2024

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Public Notices call 303-566-4123 Legals City and County Public Notice NOTICE OF SUBDIVISION PLAT APPROVAL COMMERCE CITY, COLORADO Notice is hereby given that the following subdivision(s) will be considered for approval by the City of Commerce City Community Development Director on Tuesday, January 16, 2024. S-798-24: QuikTrip Corporation is requesting approval of the Denver International Airpark Filing No. 2 final plat to create 2 lots and 2 tracts, totaling approximately 14.6 acres in size. The property is located on the southwest corner of East 81st Avenue and Tower Road, zoned PUD (Planned Unit Development). The case file(s) and a copy of the Land Development Code of the City together with the subdivision plat are on file for review by emailing the Community Development Department at cdplanner@c3gov.com. Any owner of property located within 300 feet of the subject property may invoke the public hearing process by submitting said objections in writing to the Director of Community Development in accordance with Sec. 21-3241 by no later than 5 p.m. on Monday, January 15, 2024.

Para más información, contacta 303227-8818 Legal Notice No. CCX1272 First Publication: January 4, 2024 Last Publication: January 4, 2024 Publisher: Commerce City Sentinel Express

Metro Districts Budget Hearings Public Notice NOTICE CONCERNING PROPOSED 2024 BUDGET OF NORTH RANGE METROPOLITAN DISTRICT NO. 1 NOTICE is hereby given that a proposed 2024 budget has been submitted to the Board of Directors of North Range Metropolitan District No. 1; that a copy of such proposed budgets have been filed in the office of Wolfersberger, LLC, 8354 Northfield Blvd, Building G, Suite 3700, Denver, Colorado 80238, where the same is open for public inspection; and that such proposed budgets will be considered at a public hearing of the Board of Directors of the District to be on Thursday January 04, 2024 at 12:00 p.m. online at the following location: https://www.gotomeet. me/Wolfersberger Members of the public may also participate via phone using the dial-in number (571) 317-3112 and access code #937-865-597. Any elector within the District may, at any time prior to the final adoption of the 2024 budget may inspect such budgets and file or register any objections thereto.

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All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before May 4, 2024, or the claims may be forever barred. Cynthia Schlemeye Personal Representative 1646 Genoa St. Aurora, CO 80011 Legal Notice No. CCX1271 First Publication: January 4, 2024 Last Publication: January 18, 2024 Publisher: Commerce City Sentinel Express ###

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TUITION FROM PAGE 7

JBC members have railed against Polis’ proposal, saying it would give public universities more incentive to chase wealthy out-of-state students instead of focusing on educating Coloradans. And that’s if the large tuition increase doesn’t discourage students from coming here. Out-of-state students already pay much higher tuition than Colorado residents. The estimated cost of one academic year at CU in Boulder, including food and housing, is now $60,000 for out-ofstate students vs. $31,000 for Coloradans. “It’s not sustainable,” said Sen. Rachel Zenzinger, D-Arvada, the JBC’s

vice chair. “I’m very frustrated by that proposal.” But that’s not the only problem. The Colorado schools that rely the most on state funding don’t have many out-ofstate students to lean on. Overall, 34% of higher education funding now comes from out-of-state students, while in-state students provide 37%. Taxpayers chip in the remainder through the state’s general fund. But the share of funding varies wildly from one institution to the next. For the state’s largest universities, out-ofstate tuition now provides more funding than in-state students or Colorado taxpayers. At the other end of the spectrum, Metropolitan State University Denver and Colorado community colleges generate just 5% of their base funding from nonresidents. For five of Colorado’s 10 institutions

of higher education, including MSU Denver, Colorado Mesa University and the University of Northern Colorado, Polis’ budget proposal would require budget cuts to meet the in-state tuition target, the budget staff analysis suggests. In response to questions from The Colorado Sun, Polis said smaller universities could cut back on costs by consolidating some administrative functions, but he did not offer specific examples of potential savings. “We look forward to informing JBC in looking into different cost drivers in different institutions,” Polis said. “There’s economies of scale.” He also suggested lawmakers could adjust the funding formula that divvies up money among the state’s public colleges and universities. “Some of the smaller schools — it’s broadly recog-

nized — need to receive a higher level of funding to be able to maintain their services.” The state already gives a larger slice of public funding per student to smaller schools. Lawmakers say the bigger problem lies with the size of the overall pie. Colorado provides less state financial support to public colleges and universities than almost any other state, and tuition costs have risen to the top five in the U.S. In 2022, the state spent $6,711 per student, 34% below the national average of $10,237, according to the most recent annual funding data tracked by the State Higher Education Executive Officers Association. The JBC will learn more soon. The Department of Higher Education — and university leaders — are due before the committee in January.

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