FORT LUPTON PRESS S E RV I N G T H E C O M M U N I T Y S I N C E 19 0 6
VOLUME 118
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ISSUE 38
WEDNESDAY, SEPTEMBER 15, 2021
City code includes marijuana ordinances
TRAPPER DAYS AT THE FORT
WEDNESDAY, NOVEMBER 25 , 2020
VOLUME 117
ISSUE 48
THE SEASON FOR SHARING
BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM
There was a lot of fanfare in the runup of how best to include sections of the city code to allow for medical and retail marijuana businesses in town. But when Fort Lupton City Council adopted an ordinance to create those sections of the city code, there wasn’t a whimper of protest or discussion. Council’s vote was unanimous during a Sept. 7 meeting. City Clerk Mari Pena outlined some of the regulations for the four prospective licensees in town. All stores will have to provide a bond of $5,000 with a corporate surety Antonio Aranda-Stevens with the Westernaries performs an Indian tradition of a dance powwow to drum beats at historic Fort duty that has a state license. An PHOTO BY BELEN WARD Lancaster for Fort Lupton’s Trapper Days. See more photos on page 10. applicant can submit a letter of credit, too. Pena also explained the three-phase process that could lead to a business license. One piece is a review to be sure the application is in compliance with local and state requirements. One is a public resident, proposed that the city random lottery to determine who preme Court by the Sept. 28 deadbe kept whole and included in the gets the license. Only one applicaline. Another iteration of the map newly formed Eighth Congressiotion per site will be allowed, unless could be released on Sept. 15, and a nal District. the applicant is a “dual-operational third on Sept. 23 if needed. “I will say that I do prefer Westlicensee,” according to staff notes. Residents from Westminster The third piece is a public hearing. weighed in at the virtual meeting, minster to be kept whole and would expressing their desire to keep the Council approved a marijuana recommend that Westminster be municipality in one singular Conput fully into the Eighth Congresexcise tax for the November ballot gressional District. sional District,” said Allen. late last month. If voters approve, Luis Corchato, a Westminster Others objected to Fort Collins’ the tax would begin at 1.5 percent BY RYAN DUNN resident, disagreed with the Comexclusion from the rest of Larimer and be capped at 4 percent. Six RDUNN@COLORADOCOMMUNITYMEDIA.COM mission’s proposal to divide the city County, arguing that the county members of the council agreed. by Adams County and Jefferson Councilman Tommy Holton The Colorado Independent seat does not have much in common County lines. thought the tax rate should have Redistricting Commission held a with the surrounding rural areas. “Westminster is the eighth largest been higher. If voters OK the tax, virtual meeting with the option for “It does not make sense to put city in Colorado,” said Corchato. the city’s finance department will in person testimony available at a people who live in the western side “It’s a home rule city, its council be in charge of administration. site in Thornton on Sept. 10, drawof rural Colorado and the southern voted in at large, and dividing it Pena told the council last month ing feedback from residents across part of rural Colorado together there would be minimal impact on the state on the latest proposed Con- between 45,000 people and 71,000 with groups like people from Boulpeople just devastates Westminthe police department. gressional District maps. der and Fort Collins,” said Jason ster’s ability to negotiate with the The new maps – the CommisStill on the council’s plate is the Dokken, a Mead resident. “It makes Every year before Thanksgiving, First United Methodist Church in Fort Lupton and the Fort Lupton Food and Clothingabsolutely Bank provide community representative. And so, I respectsion’s first plan based on 2020 possibility of marijuana cultivazero sense at all.” members with food boxes. This will be the program’s 10th consecutive year. Above, Joe Hubert, left China Garcia and Sue Hubert with 4 Change, fully ask that you keep Westminster census data – are the latest in the tion in town. That discussion is Ruth Long wasChange more animated, whole.” race to present dependent on whetherthat voters pass another organization helps with the Commission’s food drive. See more on Pagea2. SEE DISTRICT, P6 Kevin Allen, also a Westminster finalized proposal to the Colo. SuSEE MARIJUANA, P3
New district map draws criticism
Residents from all over the state weigh in on latest Congressional Redistricting Commission map proposal
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Diane Lynne Blakey
September 26, 1963 - September 3, 2021 Diane was born in Fort Collins, Colorado, to Anthony Martinez and Consuelo Maasch (Mondragon) and was the youngest of six siblings. Diane met Wayne Bainbridge and had their three girls and they separated when the girls were young. She married the love of her life, Larry Blakey, on April 27, 2000, and completed her family of four children total, Rebecca Bainbridge, Elizabeth Bainbridge, Beverly Bainbridge and Anthony Blakey. Diane spent most of her life in the northeast suburbs of Denver, Colorado. Diane spent her career in real estate lending as a mobile notary and still found the time to put others first. She embodied the pep talk or hug you needed, to get through whatever you were battling. She had a captivating way of designing and creating things for those important to her. At a young age, Diane conveyed a grace and magnetic persona that radiated with audiences. She held pageant titles and performed with her siblings throughout her youth. As a teen, Diane was a part of a variety of groups in high school, which turned into lasting relationships. Larry and Diane were members of the same church and had the pleasure of meeting as a result of their faith in God. Diane was very involved in her children’s lives as they grew, she thoroughly enjoyed all aspects of raising all of her four children. Even when it was hard, she found enjoyment in the small things, always putting her kids first. Diane took her love as a Grandmother just as seriously, she became a huge part of her Granddaughter, Livianna’s life. Diane found great peace in creating a space where those closest to her could gather and get away. She
MEEHL
believed the sunset on the beach to be the truest of God’s creations and felt complete there, as she searched for the perfect shell. Her heart reached more than just her children and family. Diane’s captivating love for others was present in her everyday life. Spreading her warm hugs, radiant smile, and contagious laughter to everyone throughout her day. Even during her last moments, her faith in God never diminished. She was surrounded by her loving family as she peacefully went to be with Jesus. Diane held an impressionable elation with everyone she met, her vivacious presence will be forever missed. Diane is survived by her husband, Larry Blakey; along with her four children, Rebecca Bainbridge, Elizabeth Bainbridge, Beverly Bainbridge and Anthony Blakey; and her one grandchild, Livianna Watson. She is also survived by her siblings Lloyd Valdez, Richard Valdez, Michael Valdez, Desiree Fulkerson, and Cynthia Martinez. She is preceded in death by both of her parents, Consuelo Maasch (Mondragon) and Anthony Martinez. Visitation for family and friends will be Tuesday, September 21, 2021, from 5:00 – 7:00 p.m. at Tabor Funeral Home, 75 S. 13th Ave., Brighton, Colorado. Memorial services honoring Diane will be Wednesday, September 22, 2021, beginning at 11:00 a.m. at Zion Lutheran Church, 1400 Skeel St., in Brighton, Colorado. Tabor Funeral Home, Brighton, Colorado handled arrangements. Please visit Diane’s online obituary at TaborFuneralHome.com to share memories and condolences.
September 22, 1927 - September 1, 2021 lessons, and she instructed numerous young students. She sang in the church choir for 50+ years and was an active member of numerous women’s groups. Eileen was preceded in death by her husband Paul and her brothers Harlan, Donald, and Lester, and her sister Norma Hahn, and is survived by her daughter Janet Fox (Pete), sons Mark Meehl (Jan, and sons Seth and Ben) and Jerry Meehl (Marla). The funeral service was at Zion Lutheran Church at 10:30am, Monday September 13. To view recording of funeral, click on link in full obituary: https://www.taborfuneralhome. com/obituary/Eileen-Meehl
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Doris Jean Semroska
September 27, 1936 ~ July 26, 2021
Eileen (Wall) Meehl
Eileen Meehl passed away unexpectedly at home on September 1, 2021. She was born on September 22, 1927, in Brighton, Colorado to Thekla (Barthel) and John Wall. Her grandparents had homesteaded near Burlington in eastern Colorado in 1888, and later moved to Brighton in 1904 where her parents met and married. Eileen was a life-long member of Zion Lutheran Church, attended Zion Lutheran School, and graduated from Brighton High School as valedictorian of her 1945 class. After his return from service in WWII, Paul Meehl married Eileen on February 8, 1948. Eileen taught piano
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Doris Semroska, 84, of Fort Lupton, Colorado passed away on Monday, July 26, 2021. Doris was born on September 27, 1936 to Ernest and Beatrice Wegner in Ainsworth, Nebraska. She graduated high school in Chadron, Nebraska and continued her education, completing several college courses at Chadron State College. In 1955, Doris married Donald Semroska of Chadron, Nebraska. They moved to Fort Lupton, Colorado and built a new home, where Doris resided for nearly sixty years. Doris and Donald had four sons, Rick, Ron, Randy and Rob. They were longtime members of St. Williams Catholic Church in Fort Lupton. Doris and Donald owned and operated the Fort Lupton Food Lockers, a local mom-n-pop grocery store and meat market during the 1970s. They enjoyed many years raising their boys but the couple later divorced in 1987. Donald passed away in 1998 after spending his final years in Harrison, Nebraska. After selling their business, Doris enjoyed working in the agricultural industry as an office administrator. Doris loved spending time with friends, playing
SCHWAB
bridge and later enjoyed spending time in the pool, exercising and socializing with her friends at the Fort Lupton Recreation Center. Doris was passionate about spending time with her family and friends at her favorite place, Sand Hill Lake, a private boating reservoir just north of Fort Lupton. Doris served as the Fort Lupton Boating Club’s secretary for more than 25 years. Doris was a dedicated and loving mother, grandmother and sister. She is predeceased by her sons, Ron and Randy; sister, MaryAnn; and her ex-husband, Donald. She is survived by her sons Rick (Linda) and Rob (Jen); daughter-in-law, Lisa (Randy); and her sisters, Kathy (Dave) Jacovetta and Pati Kay (Mike) Earl. She is also survived by eight grandchildren and two great grandchildren. She will be dearly missed. A Memorial Mass will be on Friday, September 24, 2021, beginning at 2:00 p.m., at St. William Catholic Church, 1025 Fulton Ave., Fort Lupton, Colorado 80621. Tabor Funeral Home, Brighton, Colorado is handling arrangements. Share memories and condolences with her family by visiting her online obituary at www.TaborFuneralHome.com.
Helen Dorothy Schwab
October 22, 1925 - September 2, 2021 Helen Dorothy Schwab, age 95, a lifetime Brighton resident, passed away peacefully at Inglenook Assisted Living in Brighton, Colorado on September 2, 2021. She was born on October 22, 1925 to Henry and Olga (Bredehoft) Timmerman in Brighton, Colorado. She started her education in the one room Whittier School 13 miles east of town near her home, then attended Zion Lutheran School, and graduated from Brighton High School in 1943. She married William Schwab on May 12, 1946 at Zion Lutheran Church, a marriage that lasted for 68 years prior to Bill’s passing in 2014. For work, Helen helped as co-owner and book keeper at Bill’s Floor Covering in Brighton, a store which she and her husband owned and operated for about 30 years. At the same time she considered her most important duties as being a wife and mother. Helen always loved to cook, to host family meals, and get everyone together around the table to visit. She assisted and eventually headed up the annual Zion Lutheran Turkey Dinner for several years. She loved to travel with her husband Bill, and enjoyed arts and crafts along with sewing. She & Bill were long time members of a Pinochle Club started after WWII. She was involved in many organizations including: American Historical Society of Germans from Russia, Lutheran Women’s Missionary League, and a leader of 4-H, Campfire, and Cub Scouts. She was a devoted life time member of Zion Lutheran Church in Brighton, which reflected the devotion in her faith. As involved as Helen was with the church and community, she always had time to spend with
her loved ones and play Arizona Rummy with her grandkids. She will be dearly missed by all of her family and friends. Helen is survived by her three children: Tim (Donna) Schwab - California, Nancy (Rick) Redshaw - Minnesota, and Roger (Cheryl) Schwab – Arizona; one sibling - Willard (Bernie) Timmerman – Brighton; five sisters-in-law, six grandchildren: Lisa Schwab, Chris Schwab, Jason Schwab, Nick Schwab, Janelle Williams and Tonya Redshaw; nine great-grandchildren; and numerous other nieces and nephews and other family members. She is preceded in death by both her father and mother, Henry and Olga (Bredehoft) Timmerman; her beloved husband, William Schwab; five siblings - Harvey, Lester, Ken, baby brother Donald, and a baby sister. Burial was 10:00 am on Thursday, September 9, 2021 at Elmwood Cemetery in Brighton, Colorado. Funeral Service followed at 11:30 am at Zion Lutheran Church in Brighton, Colorado, followed by a luncheon. CDC COVID protocol of wearing masks and social distancing is requested by the family for attendees. In lieu of flowers, please make donations to the Meals on Wheels Foundation in Helen’s honor! The link for direct donations is as follows: https://www. mealsonwheelsamerica.org/take-action/donate/ individual-giving Tabor Funeral Home, Brighton, Colorado handled arrangements. Share memories, condolences and view Helen’s memorial ceremony by visiting her obituary online at www.TaborFuneralHome.com.
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Fort Lupton Press 3
September 15, 2021
Fort Lupton signs on with Metro Wastewater BY STEVE SMITH SSMITH@COLORADOCOMUNITYMEDIA.COM
Fort Lupton City Council voted 5-1 to be included in the Metro Wastewater Reclamation District. Councilwoman Shannon Rhoda cast the only “no” vote during a Sept. 7 meeting. The city has to make a sizable amount of repairs to its wastewater treatment plant, following an order from the Colorado Department of Public Health and Environment. At first, the cost was around $38 million. City staff thinks there could be a savings of $17 million by entering into the district. Earlier in the discussion, she asked if this arrangement was a service contract. City Attorney Andy Ausmus said it was. “There are some things geared
MARIJUANA FROM PAGE 1
the excise tax in November. Water, water everywhere The council may have to hire an outside expert to help address a water surplus in someone’s home. Sandra Smith told councilors
toward Fort Lupton and to everybody else,” he said. “They treat this as ‘most-favored-nation status.’ There won’t be much chance for horse-trading.” Mayor Zo Stieber wanted to make sure there was “an escape hatch” if it became necessary. Her concern was there wasn’t a specific dollar amount for the service. Rhoda agreed. “I don’t think we have an agreement. This says this is the route we’d like to go,” she said. “We still need costs.” She clarified her concerns in an email Sept. 8. “I was under the assumption we would have the ability to stop the project if costs ended up being way over what was projected,” she said. “When Metro explained how the process would happen, the comment was made that we could stop up till the
time we started sending the flow to them. That is why I asked last night if we would be having an additional contract that would be signed at a later date once we had better numbers on what the actual cost would be.” Rhoda’s email also said the service contract “did not include any of the language I thought would be added to protect the city.” “ I am not against the project. I do believe this is the best option for the city,” she said. “However, I want to make sure we are protected due to all the unknowns there are. I must have misunderstood somewhere along the way on how this project would work. That is why I had to vote no.” City Administrator Chris Cross said there wouldn’t be “apples to apples” numbers. “This is a service contract,”
that groundwater has been getting into her house since May, and she has no idea what the source is. The leak apparently isn’t from the outside of the house. That left Public Works Director Roy Vestal in the same boat. “The solution? We may have to hire an outside expert,” he told the council. “I’m lost.” Smith told councilors her water and power bills increased the past
three months. The water bill was $94 in May, and the power bill was $102. Her last billing cycle put the water bill at $267 and the power rate at $141, which was $55 less than July’s bill. “I can’t make it stop,” Smith said. “I’m frustrated. The front yard is messed up. I need to get an answer and resolve this, and I’d like to do it before it starts getting cold.”
Ausmus said. “A construction contract is different.” “I’m fine with that,” Rhoda said. “I thought for sure we’d have one more opportunity once we got the whole agreement.” Ausmus suggested council table the issue until everyone had a chance to review the deal. But the council went ahead and cast its vote. Councilman Tommy Holton, who was absent from the Sept. 7 meeting, complained in earlier hearings that Fort Lupton needed more than one vote on the district’s board of directors. Metro officials said votes were based on population size. Fort Lupton’s population, around 8,000, allowed the city to have just one vote. Cross said there was no specific timeline for future work. “Staff will continue to work on this,” he said in a Sept. 8 email.
CORRECTION A story in the Sept. 8 edition of the Fort Lupton Press contained an error. Francis LaBarbera is the manager of Fort Lupton’s newly-opened Copper Kettle Restaurant. We regret the error and any inconvenience. Email staylor@ coloradocommunitymedia.com with corrections.
Heritage Day Saturday, Sept. 25 Adams County Museum 9601 Henderson Road Brighton, CO 80601 Archies Hot Dogs on site for food purchase!
Car show from 9 a.m. to 1 p.m. Registration 9 a.m. Dash claques for the first 50 registered cars. Awards presented at approximately 12:30
11 a.m. in the Hoffman Hall:
Presentation of the Denver Poor Farm, which used to be the area of the current Riverdale Regional Park & Fairgrounds.
► Free admission into the buildings from 10 a.m. to 1 p.m., plus blacksmith demonstrations.
4 Fort Lupton Press
September 15, 2021
Re-8 board cancels 2021 election BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM
Big Boy comes roaring back BY BELEN WARD BWARD@COLORADOCOMMUNITYMEDIA.COM
Union Pacific’s No. 4014, the Big Boy, came roaring, blasting its steam trumpet and smoke blowing out of its stack on its annual tour through Brighton and Fort Lupton Aug. 7. Brighton and Fort Lupton residents were up early along the tracks to see the Big Boy in action. Brighton’s Dee Dee Lewis and her son have ridden every train in Colorado. Her son, who has a love for trains, had to work, so she came in his place, hoping to get a good photo. “I’m excited to see Big Boy in motion. I missed it last time when it was in Denver,” said Lewis. According to Union Pacific, 25 Big Boy steam locomotives were built for Union Pacific in 1941, weighing 1.2 million pounds and measuring 132 feet long. Because of its length, it was built with movable parts such as a hinge so it can move easily around curves. Its locomotive was built
The November election ballot in Fort Lupton shrunk by at least one question this month. The Weld Re-8 School District called off its school board election Sept. 3. The district had hoped was to find four candidates to fill five seats on the school board. Only two people turned in petitions with enough verified signatures to qualify as candidates. Two other people filed petitions of interest to be write-in candidates. Because there aren’t enough candidates to run for the five contested seats, the board called off the election. Re-8 Superintendent Alan Kaylor told the Re-8 school board Sept. 9 the decision to call off the election was in line with state statutes and not a matter of taking anyone’s right to vote. “The work you did (Sept. 3) saved the taxpaters $12,000,” Kaylor told the board. Kaylor also told the board he was continuing to look into why BY BELEN WARD so few people expressed an BWARD@COLORADOCOMMUNITYMEDIA.COM interest in running for the school board this fall. Weld County, multiple municipals, law enforceThe decision to call off the ment and fire departelection means that Jaime Siments will be conducting erra wins a two-year term in the county’s bi-annual District A, Matthew Adame emergency response exerreturns to the board for a cises along State Highfour-year term in District C, way 52 west of 1-25, Weld Michelle Bettger gets four County Road 41, and WCR years representing District 50 ½ near LaSalle on SepF, and Cristian Gonzalez tember 30 from 8:00 a.m. Torres represents District G for irst four years. All win by ations oundation to 1:00 p.m. according to the press release. acclamation. Come soar with us “The county’s commitDistrict D remains a vato emergency precant Invites seat on the board. you to attend the ment 8th Annual
with a “4-8-8-4” wheel set up. Four wheels support the pilot that guides the engine, eight drivers, another set of eight drivers, and four wheels that support the rear of the locomotive. The gigantic engine traveled through rough terrain between Ogden, Utah, and Wyoming in its heyday. The train was wrapping its Midwest tour, leaving downtown Denver at about 8 a.m. Sept. 7, according to the company, and traveling to its final destination in Cheyenne later in the day, with stops in La Salle and Greeley along the way. David Masten came to see Big Boy, one of his favorite engines. “I have not seen the Big Boy moving, and that’s why Big Boy is my favorite engine, “ said Masten. Around the country, there are seven Big Boys on public display in St. Louis, Missouri, Dallas, Texas, Omaha, Nebraska, Denver, Scranton, Pennsylvania, Green Bay, Wisconsin, and Cheyenne, Wyoming.
Big Boy was built for Union Pacific in 1941 and is now the only steam locomotive of its kind still in operation. The other seven PHOTO BY BELEN WARD are kept in museums.
Since 2019, Big Boy No. 4014 and Living Legend No. 844 have been touring the tracks of towns and cities celebrating the Transcontinental Railroad’s completion. But the Big Boy is the world’s only operating locomotive of its size, according to Union Pacific. “I’ve never seen the locomotive engine myself, not outside the movies. It’s exciting to see it, “ said Jarett Bieker.
Big Boy No. 4014 traveled about a million miles in 20 years of its service and retired in December 1961 at the Rail Giants Museum in Pomona, California. Union Pacific inherited it and relocated it back to Cheyenne for years of major restoration. They brought it back to the tracks in May 2019 to celebrate the 150th anniversary of the Transcontinental Railroad’s completion -- May 10 1869.
Weld sets County-wide emergency response exercise
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Denver American Indian Festival
paredness is strong and is evidenced by the number of agencies and personnel who participate in these pieces of training - it is a true county-wide effort,” said Roy Rudisill, Director of the Office of Emergency Management. The county’s training was canceled in 2020 because of the pandemic. Weld County has conducted these training sessions with local agencies since 2012 to make certain the emergency response plans are
Saturday & Sunday September 25 & 2 26 10 am N toations 6 pmFoundation First Come soar with us Riverdale Regional Park Adams County Fairgrounds th Invites you toto attend thethe 8th 8Annual Invites you attend Annual 9755 Henderson Road Denver American Indian Festival Brighton, American Colorado Denver Indian Festival
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Saturday & Sunday Saturday & Sunday | September 25 & 26 | 10 am to 6 pm Free Family Friendly EventSeptember 25 & 226 Riverdale Regional Park | Adams County Fairgrounds 10 am to 6 pm Dancers – Drummers – Singers – Storytellers 9755 Henderson Road, Brighton, Colorado
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erations center. As part of the exercises, first responders with emergency equipment will be set up at two off-site locations. According to Rudisill, these exercises should not cause any delays with the traveling public. “We do know that public curiosity will be piqued. Take heart that the work done during the exercise helps us all be better prepared to respond when a real emergency occurs,” Rudisill said.
up-to-date for staff and agencies with training to identify its roles, responsibilities, and areas of improvement in case of an actual emergency. More than 90 people from 17 agencies across Weld are participating in the training and exercise. During an actual emergency, an incident command center is set up at a site with information for the public while also communicating requests and information to the county’s emergency op-
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Fort Lupton Press 5
September 15, 2021
Arellano captures Heartland Emmy BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM
If you watch KCEC, the Univisionowned television station in Denver, chances are you might have seen Juan Arellano’s name in the list of credits. The Fort Lupton High School graduate is a photo editor there. If you watched KCEC’s news story, “Llego La Migra,” then the chances are you saw award-winning work from Arellano and reporter Carlos Moreno. The pair’s effort on that piece won a Heartland Emmy Award for Best Hard News report. Each region of the country has a Heartland Emmy competition. Arellano’s area covers Colorado, Nebraska, Wyoming, Kansas and Oklahoma. Each TV outlet can submit its best work for the year. Arellano had just finished three weeks of training when this story landed on the desk. “It happened in November,” Arellano said. “This family called the reporter because ICE (Immigration and Customs Enforcement) raided the house and took the father. The reporter talked with the family about the situation. He was there when it happened.” Arellano said Moreno has an extended family, both locally and across the country. “He’s been here for two years, but he has a lot of followers,” Arellano said. “One of them called him and said, ‘This is happening. You should come.’ We covered it when ICE took the dad. Carlos was trying to help the family by reaching out to ICE, whether there was any chance the father could come out. “Those types of stories? You try to reach out and help the community,” Arellano continued. “It’s also an example for other people in the community to be more careful so people know their rights when ICE gets to their house.” Arellano’s shift didn’t start until later the day of the raid. “The reporter writes the story, gets the interviews. I’m the one who edits it,” Arellano said. “I make sure that everything is good for a live show. That’s what I did for that story.” Arellano played soccer for the Bluedevils. “When I found out about it, I was excited,” he said. “I was at a (Colorado) Rapids game against San Jose. I was covering that for Univision. The reporter, Carlos, he called me, and he was like, ‘We just
won the Emmy for this story.’ He was excited. I was excited, too. But I told him, ‘I’ll call you later. I’m over here working.’” Before returning to Denver, Arellano did some on-camera work in Oklahoma City. Soccer was his main interest, but he also had the chance to cover the college football rivalry game between Oklahoma and Texas in the Cotton Bowl. “With covering sports, I was more comfortable with that. I grew up playing sports, watching sports,” Arellano said. “I know the games, so I enjoy it better. With covering news, sometimes it’s hard to get peoples’ opinions on things that are going on. Last year, with all the political stuff, we had to get peoples’ reactions. That’s harder. People are afraid to give their opinion or think that somebody’s watching, or ‘I don’t want to be on camera.’ Arellano enjoys his time behind the camera. “I’m a photography editor. But they rotate us,” he said. “One week, we’re with a reporter. The next week, we’re with another reporter. One week, We go in earlier, they send us the film, like a locator (crime scene). They’d send us over there, get interviews. The next week, we’re in the studio working with the audio.” Arellano is a graduate of Metropolitan State University of Denver. When he started there, he wasn’t sure what he wanted to study. “I wanted to be around sports, so I got involved with Metro State athletics and their video department,” he said. “It’s hard to find a job without experience. I moved to Oklahoma for a year, got some good experience. I came back here, and COVID hit. I wasn’t working in news. I was working at a tree nursery outside of Fort Lupton. I enjoyed that job. There wasn’t as much pressure.” A friend at Univision told him about the opening for the job Arellano has. He’d like to get back into sports reporting at some point. Arellano covered some parts of the all-star baseball game in Denver this summer. “I enjoy it. You get to help people. You get to be the voice of the people who don’t really have it. There have been a lot of cases where people reach out to us needing help. “I have a lot to experience in the field,” he concluded. “I like what I do. Univision is the most-watched Spanish newscast, so I feel like it’s an important part of the community.”
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September 15, 2021
Making resources available to combat suicide ‘epidemic’ BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM
COMMERCE CITY – The 17th Judicial District Attorney’s Office set up shop outside the Reunion Coffee House in Commerce City on Sept. 10 to talk about something no one really wants to discuss. Suicide. On that day, World Suicide Prevention Day, the discussion focused on ways to prevent it. “We want people to talk openly about suicide,” said Levon Hupfer, the diversion director for the DA’s office. “Sometimes it’s OK not to be OK.” A press statement from DA Brian Mason said 800,000 people worldwide will take their own lives. In the
United States, there are 130 suicides per day, and it’s the 10th-leading cause of death. “The mental health crisis has a severe impact on our community and disproportionately impacts the criminal justice system,” MaHupfer son said in the statement. “The district attorney’s office is deeply committed to addressing this mental health crisis and to bringing greater awareness to World Suicide Prevention Day and other similarly important events.” Hupfer said while it’s important to report that someone commits a crime, suicide is not a crime. “People often say, ‘Someone com-
mitted suicide.’ We’re trying to change the culture because there is so much shame,” he said. “We don’t say it. It’s not appropriate to say it. We want family members of those who died by suicide to feel loved. Our mission is to help people out.” Hupfer said because of support from the Adams County board of commissioners, he and his staff can focus solely on suicide prevention. One starting point is through the Adams and Broomfield counties’ Life Line. The number is 303-835LIFE (5433). “Don’t be afraid to talk. We’d love for people to reach out,” Hupfer said. “We need more people to have this conversation. Our office wants to provide the assistance. There are
no barriers. It can be shared resources. People need to support each other.” Hupfer called suicide “an epidemic.” “Young people are looking for a connection. That’s why we’re reaching out,” Hupfer said. “Young people are struggling with substance abuse, and they don’t get help for that. They also have problems with anxiety and don’t get help for that. “Suicide is complex, and there is still much to learn about how to help people, but we refuse to remain silent about those who’ve we lost to suicide, so our work continues to help strip away the shame and blame around the subject by connecting people to hope, healing and support.”
Deputies find missing car but not theft suspects STAFF REPORT
Weld County sheriff’s deputies found a missing 1967 Plymouth Valiant that was among several items taken from a home north of Fort Lupton. However, the search for the suspects continued. The car turned up in Arvada early Sept. 9. The theft happened shortly after
midnight Sept. 5 in the 10400 block of Weld County Road 6. A press statement said neighbors noticed a flatbed truck on the property and lights on in a detached garage. The press statement from sheriff’s office spokesman Joe Moylan said the neighbors were suspicious because the homeowners were out of town. The statement said the neighbors drove onto the property, looked in
the garage and saw two men trying to steal a pair of 1960s-model Chevrolet Corvettes. Neighbors tried to follow the suspects but got as far as U.S. Highway 85 and Weld County Road 2 before losing sight. Moylan said the suspects didn’t take the Corvettes but managed to steal several high-dollar items, according to deputies, including the 1967 Plymouth Valiant that
belonged to the son of the homeowners. “In addition to the Valiant and other high-dollar items, the suspects stole 500 rounds of .308 ammunition,” Moylan said. “Deputies, therefore, assume the suspects are armed and dangerous.” Moylan urged the public not to confront the suspects and, instead, call 911. Call 970-400-4547.
State had no fatal crashes over Labor Day weekend, CDOT reports STAFF REPORT
Colorado normally sees several highway deaths over the long Labor Day weekend each year, but not this year, the Colorado Department of Transportation reports. According to preliminary CDOT data released Sept. 9, the state
DISTRICT FROM PAGE 1
arguing the Fort Collins’ educational bent sets it apart from its rural neighbors. “The Fourth Congressional District and the Eastern plains is primarily rural agricultural and has the highest oil and gas production in the state,” said Long. “Fort Collins is primarily in the foothills and home to high tech companies and a top-tier research university and a highly educated population. Northeast Colorado has attempted to secede from Colorado; Fort Collins is proud to be an urban center in the north-central part of the state.” Gil Reyes, a Northglenn resident, expressed concerns about Hispanic Latino representation in the new proposed maps. “I was pleased with the (initially) proposed Eighth Congressional District,” said
avoided any fatal crashes this year over the final holiday weekend of the summer. “This marks the first time in recent history that no deaths occurred on state roads over Labor Day weekend,” a CDOT release said. That’s despite the fact that Labor
Reyes. “It contained an area that included a good portion of the population centers of Adams and Weld Counties. The Hispanic Latino population would be well represented, including the eastern portions of Greeley. However, I read in the Colorado Sun that a new replacement map is being looked at by the Commission which would put Greeley and more importantly eastern Colorado back into the Fourth Congressional District. “Historically, the eastern portion of Greeley has not been well represented by the representatives of the Fourth Congressional District,” Reyes continued. “I would ask the commission to approve the (initial) proposed Eighth Congressional District as constructed in the proposed map, as it would allow the Hispanic residents and east Greeley to and the rest of the Eighth Congressional district to finally have responsive representation in Congress.” The first elections under the new districts will be in 2022.
Day weekend is usually one of the deadliest holiday periods of the year on Colorado roads. Over the last 15 years, Labor Day weekend road fatalities have ranged from three in 2022 to 16 in 2016, CDOT said. Overall, there were 412 traffic fatalities on Colorado roads at the
time of CDOT’s Sept. 9 report, a 6% decrease from this time last year. Of those, 153 were related to impaired driving, the Colorado State Patrol reported. For 15 years of CDOT statistics on fatal holiday crashes across Colorado, go online to tinyurl. com/HolidayFatalCrashes.
The latest draft map from Colorado’s congressional redistricting commission, released Sept. 3, would place almost all of Douglas County in the 4th Congressional District. COURTESY OF COLORADO INDEPENDENT REDISTRICTING COMMISSIONS
Fort Lupton Press 7
September 15, 2021
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September 15, 2021
Decaffeinate and de-escalate
n any given day I will usually have one or two cups of coffee in the morning. On those days where I have three or four, I feel WINNING a very palpable WORDS difference … I am wired. I also notice that I am a bit more anxious and a lot more impatient. For me, I cannot drink coffee at night for this very reason. I would be up all night. We all Michael Norton respond differently to caffeine, some get wired like I do, and others can drink coffee all day without losing the ability to fall asleep at night. As I look around at what is happening in our country and around the world, I feel like maybe, just maybe there are way too many overcaffeinated people out there. Violent crimes, verbal attacks, road rage, stadium brawls, random acts of violence and other assaults on humanity are occurring with greater frequency, and in some cases, an
LETTER TO THE EDITOR Fire department thanks the community I really want to take this opportunity to thank our community. You have always been there for us and supported us unconditionally. We aren’t always perfect, but we always try to provide the best public safety services possible and support the community in any form that we can. You have a very professional trained group for district staff that is always prepared to help, serving this community in many ways. The past year or so has been tough for all of us. We continue to persevere, and we are humbled by your support on a regular basis. We never take this for granted. I am very thankful for the turnout at our open house for Station 3 as we prepare to staff that station on the 20th anniversary of 9/11. That station is really for all of you, our community members. We also have always been very active in the Fill the Boot Campaign for over 40 years. Last year, due to COVID-19, we were only able to collect $1,400. This year, we eclipsed that amount in a huge way, and we recorded our highest collection amount since we began “Fill the Boot.” Thank you to Lt. James May’s coordination and efforts, along with all the firefighters who helped out all weekend, we were able to collect $19,492 for MDA. The highest level of gratification goes out to our community for being so generous during these tough times. Thank you Phil Tiffany, Fort Lupton Fire chief
all-time high. I am not a clinical expert, but anxiousness, fear, doubt and worry seem to be at an all-time high as well. It’s like we are going to our favorite coffee shop asking for a double shot of impatience with extra anxiety. Or we are making our own coffee at home, maybe the double espresso anger brew with some steamed “Hurray for me and the heck with you” creamer. And that’s just the coffee version. For others it may be the caffeinated soda we drink or the highly caffeinated beverages we consume. Would we like a large or super-size cup of revenge with that burger and fries? And if we really need a jolt, maybe we pick up a shot of the five-hour hostility, you know that little bottle with a kick in it. What could possibly be going on at a baseball game that could stir such hatred amongst the fans? And are we talking about the fans at the World Series, or parents at a Little League baseball game? Are we coming together to enjoy the great American pastime, “baseball, hot dogs and animosity pie?”
I am not sure about you, but I am seeing more and more road rage on our streets. Offended drivers attacking one another, flipping each other off, riding so close on the other one’s bumper to try an intimidate them. It’s like they look down and see that their bitterness tank is full, and they feel compelled to try and empty it. Wouldn’t it be better to attend a game and get an order of nachos with a side of jalapenos and good sportsmanship? Or perhaps drivethru at our favorite coffee house and ask for an iced latte with a double shot of kindness. Maybe we can look down at the gauges on our dashboard and see that our gentleness needle is right where it is supposed to be as we just let others drive on by, even letting them get in front of us. Did you ever notice that when you scream or yell or threaten others that they now pay attention to you? No, of course you haven’t because that never happens. What does happen is that the other person usually does one of two things, they shut down or they stand up
and fight back. And in either case, nothing gets resolved. Instead, there is just lots of shoving, pushing, name-calling, brain damage and heartache. Look, caffeine is certainly not the problem, it was simply used for illustrative purposes. But we are acting out in ways that would suggest that we could all use a little decaf right now. A super-size decaf with two packets of “I love you” and some extra forgiveness while we refuel our hearts with understanding and patience. Isn’t it time to pause and take a bit of the edge off? Are we sweating the small stuff, the big stuff and everything in between? I would love to hear your thoughts and your story at mnorton@tramazing.com, and remember that when we decaffeinate, we are more likely to deescalate, and then it really will be a better than good year. Michael Norton is the grateful CEO of Tramazing.com, a personal and professional coach, and a consultant, trainer, encourager and motivator to businesses of all sizes.
Rounding third base as fourth quarter nears The fourth quarter of the year begins soon. Investors are still on the edge of their seats concerned about potential tax law changes and any Federal Reserve FINANCIAL policy that might STRATEGIES spook the financial markets. The economy is open … or is it? Pandemic concerns continue, schools are open, but some have returned to remote learning. Many employees continue to Patricia Kummer work from home. No wonder it feels like we are riding an economic seesaw. A deeper look boils down to a few distinct issues: What will the Fed do? And will COVID-19 and its variants shut down the economy in a big way again? Chief Economist Bill Greiner believes our current elevated inflation numbers are largely based on the partial reopening, supply chain issues and pent-up demand for goods and services. This will likely calm down over time. This is key for the Fed to decide whether inflation is enough of a sustainable threat to raise interest rates in the near term. Last year, Federal Reserve Chair-
man Jerome Powell launched the framework to hopefully lead us back to more normal policy at the Jackson Hole Economic Symposium. That may be slightly derailed this year based on an uneven labor market and surge of the coronavirus Delta variant, per Bloomberg News. It may be difficult for investors to be patient and watch for opportunities, rather than second-guessing how the rest of the year will play out. Uncertainty in employment, education, inflation and interest rates may be here for a while. The first eight months of the year produced aboveaverage investment returns, so what lies in store for the last few months of the year? You could think of this in a baseball analogy, rounding second base and safe at third. Now, do you wait for someone else to hit the ball? Or do you steal home plate before the next out? Think of what you don’t have control over and when to take action. Significant unknowns remain with the delta variant and how this will affect the economy in the long run. Many businesses feel they are behind by a year and a half by now, and some employees currently plan to remain home until next January. The macroeconomic picture is murky with a burgeoning federal
deficit and global ramifications from China in addition to the Fed story and inflation. The positives that balance out the negatives include high labor productivity, strong money supply and positive corporate earnings. Although housing prices and corporate earnings should start to slow, the first half of the year showed enough growth for an entire year. Investors and their advisers should focus on the fundamentals, which show continued positive equity markets with monetary policy, GDP growth and earnings all improving. However, every good financial plan should have flexibility for when those unknowns become reality. Make sure your plan is in order to start the final quarter of a very unusual year. Check if you should adjust your taxable income, 401(k) contributions or capital gains or losses before year-end. There are opportunities to take better control of your finances before changes in interest rates, inflation or tax policy happen. Patricia Kummer has been a Certified Financial Planner professional and a fiduciary for over 35 years and is Managing Director for Mariner Wealth Advisors, an SEC Registered Investment Adviser.
ABOUT LETTERS TO THE EDITOR Colorado Community Media welcomes letters to the editor. Please note the following rules: • Email your letter to letters@coloradocommunitymedia.com. Do not send via postal mail. Put the words “letter to the editor” in the email subject line. • Letters must be no longer than 250 words. • Letters should be exclusively submitted to
Colorado Community Media and should not submitted to other outlets or previously posted on websites or social media. Submitted letters become the property of CCM and should not be republished elsewhere. • Publication of any given letter is at our discretion. • We will edit letters for clarity, grammar, punctuation and length and write headlines
(titles) for letters at our discretion. • Please don’t send us more than one letter per month. • Submit your letter in a Word document or in the body of an email. No PDFs or Google Docs, please. • Submit your letter by 5 p.m. on Wednesday in order to have it considered for publication in the following week’s newspaper.
Fort Lupton Press 9
September 15, 2021
County launches work on Veterans memorial Mann-Nyholt Lake to be site for memorial, battleship pier BY SCOTT TAYLOR STAYLOR@COLORADOCOMMUNITYMEDIA.COM
A new veterans memorial being built in Adams County’s Riverdale Regional Park will feature a fishing pier built to resemble the battleship U.S.S. Colorado, county officials said. “To have our third of July fireworks presented over such an incredible monument,” County Commissioner Chaz Tedesco said. “This will be the biggest memorial in Colorado and it’s my hope through the Board of County Commissioners that it will continue to grow and include all the military services. We have plenty of land, plenty of drive to do it and our commissioners are dedicated to getting this done.” County employees joined local dignitaries on the banks of the Mann-Nyholt Lake on Sept. 8 to celebrate and break ground on the new veterans memorial, due to be open in late summer 2022.
“A memorial is built for the living, but to remember those that passed,” Tedesco said. “The memorial is here to recognize those that gave the ultimate sacrifice, that of their life. This memorial should be a place of somber remembrance, excitement and exuberance for those that want to pass into military service. To remember and honors those people is a way to serve again.” When finished, the memorial will be a life-sized model of the battleship U.S.S. Colorado, with the bow jutting into the lake and the current trail passing through the site. It will be surrounded by trails, memorial plaques and places to sit. Michael Jenet, chair of the county’s Veterans Advisory Board, said the memorial was one of the first tasks his group began working on when commissioners created it three years ago. He said the group visited similar memorials across the country with the goal of encouraging honor and attention to detail. “We wanted to create something where people could come and enjoy the space,” Jenet said. “Whether it’s fishing off the bow of
An artists rendering of the Adams County Veterans Memorial being built along the shores of the county’s Mann-Nyholt Lake in the Riverdale Regional Park . COURTESY IMAGE
the ship or having a picnic or sitting in the amphitheater and looking over the water watching the fireworks. And I think if you look at the images of the plan, we accomplished that goal.” The Veterans Memorial is the latest addition to the expansion of Riverdale Regional Park, which now includes the Adams County Fairgrounds, Waymire Dome, and the recently opened Riverdale Animal Shelter, with more amenities planned for the future.
“I know that all of you will join us here in about a year to celebrate a truly fitting memorial, one that will offer a proper tribute to every generation of Americans that served and sacrificed for our community,” County Manager Raymond Gonzales said. Other speakers at the ceremony included U.S. Rep. Ed Perlmutter and U.S. Rep. Jason Crow. Crow said he knows how important a memorial is for soldiers as well as their families. While working in
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Washington, he regularly visits the Vietnam Wall and memorial and sees people gathered there. “I see families, I see veterans there with their sons and daughters and grandchildren telling the stories of their brothers and sisters on that wall,” Crow said. “Having a place to come and reflect and heal and tell those stories remains incredibly important. That’s what this is about and why I’m so honored to be here and to help break this hallowed ground.”
10 Fort Lupton Press
September 15, 2021
R E P P A TR
The Fort Lupton Chamber won the Grand Marshall award for the most creative painted horse. “Children were shouting PHOTOS BY BELEN WARD it’s an American horse!”
S Y A D F
ort Lupton celebrates its history as an outpost for the Colorado West each year. After a taking a break in 2020 during the COVID-19 pandemic, Trapper Days was back with a golf tournament, parade, charity duck race and plenty of other live events around the city Sept. 11. One of the more popular events each year is the Fort Lupton Optimist Club’s Duck Race Across the Rockies. Proceeds benefit the club’s youth-oriented activities in town.
The Legacy dancers with the Legacy School of Dance.
Fort Lupton’s stock car racer Ricky Holbrook
SEE TRAPPER DAYS, P11
The Fort Lupton High School Blue Devils football team.
Fort Lupton Press 11
September 15, 2021
The Bank of Colorado team takes part at the Trapper Days golf tournament at Coyote Creek Golf Course Sept. 10. The tradition is for players to hit a dinner roll, and Pat Barney is up on the tee to take his chance.
Twombly Elementary students with poster drawings of Fort Lupton’s history.
PHOTOS BY BELEN WARD
TRAPPER DAYS FROM PAGE 10
This year’s winners are the following: First place for $300 was Courtney Frazier; second place for $100 was Sherrie O’Neil; third place for $75 was Sharon Clement; fourth place for $50 was Leslie Garrett; fifth through ninth places for $25 each were Miracle House, Pat King, Jim Roedel, Dale’s Pharmacy and Naomee Saar. The last-place duck earned $100 for Sarah Kindall. In the business category, the Fort Lupton Wrestling Program won $100. SEE MORE PHOTOS ON PAGE 12
Weld County Fair Queen Shelby Tveten.
The Buffalo Soldiers performing re-enactments at the fort.
XCEL ENERGY’S COLORADO’S POWER PATHWAY ROUTING AND SITING UPDATE Learn about progress on identifying transmission line routes and substation sites that will increase electric reliability, connect new energy resources in eastern Colorado and boost the regional economy. 76
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PHILLIPS
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– ing ross ek al C e Can ose Cr Go
Each virtual town hall will include the same presentation followed by a question-and-answer session. The presentation will provide a brief project overview and will cover siting and routing updates, including the development of focus areas for identification of transmission line routes and substation sites. We will also provide information on upcoming in-person public open houses in communities around eastern Colorado. These meetings are planned to be scheduled in October and November. Visit ColoradosPowerPathway.com to learn more.
LOGAN WELD
Greeley
COLORADO
Please join us at a virtual town hall to learn about progress we’ve made on Colorado’s Power Pathway, a $1.7 to $2 billion investment we’ve proposed to improve the state’s electric grid.
12 Fort Lupton Press
September 15, 2021
The Fort Lupton Fire District was chosen as the Grand Marshall for the Fort Lupton Trapper Days parade.
At the fort, Nora Dukart dressed as the 1840s pioneer girl hauling vegPHOTOS BY BELEN WARD etables from the garden with a wheel barrel.
The Fort Lupton High School Blue Devils marching band performs.
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Fort Lupton Press 13
September 15, 2021
Arapahoe, Adams look at whether to exit Tri-County Health BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM
Following news that Douglas County could form its own health department soon, Arapahoe County confirmed that Arapahoe and Adams counties have also been contemplating splitting away from Tri-County Health Department in its current form. By October, commissioners in both Arapahoe and Adams counties will be provided with findings from a transition team to inform a decision on a new structure for public health services, according to a statement from Arapahoe County. Both Arapahoe and Adams County have been a part of TriCounty Health since the agency was founded in 1948. Consultants are examining the scenarios of a two-county health agency or creating single-county health departments, said Luc Hatlestad, spokesperson for Arapahoe County. “We set this up in the spring (or)
summer,” Hatlestad said, adding that the study was initiated once it became clear that Douglas wasn’t going to stick with Tri-County Health. Douglas County’s consideration of leaving the agency -- which at press time was to come up for action on Sept. 7 -- came amid a rift with Tri-County Health over the agency’s pandemic safety policies and its decision not to let counties opt themselves out of its mandates. But Douglas County commissioners back in July 2020 announced they would eventually leave TriCounty Health, citing a wish for more local control over public health orders. That plan was put on hold under an agreement with Tri-County allowing counties to opt out of public-health orders. But the agency’s board voted on Aug. 30 to no longer allow opt-outs. An Arapahoe County spokesperson emphasized that the county’s consideration of leaving Tri-County Health isn’t because of disagreement with the health agency.
“We began looking at other public health agency options after Douglas announced its intentions to leave Tri-County last year,” Hatlestad said. “We did not initiate this because of any dissatisfaction with Tri-County — we’ve actually worked extremely well with them since the beginning of the pandemic.” Douglas County exiting the health agency would potentially create financial or budgetary problems for the other two counties, Hatlestad added. Tri-County Health has been working with Adams and Arapahoe counties over the past several months to develop a transition plan, Hatlestad said earlier. Since the process began, Adams and Arapahoe started to include the possibility of singlecounty public health agencies in the process. Meanwhile, Arapahoe County Attorney Ronald Carl, in a Sept. 3 letter to his Douglas County counterpart, Lance Ingalls, said Arapahoe County was considering possible legal action if Douglas
The Arapahoe County Administration Building on South Prince Street in LittlePHOTO BY ELLIS ARNOLD ton.
County “chooses to proceed” with its withdrawal plans, citing the “suddenness of this planned action” and that state law requires a oneyear notification before a county can pull out of Tri-County. The letter was disclosed by Douglas County Commissioner Lora Thomas in a Sept. 5 email to constituents.
Study: 1st-time homelessness doubled in metro Denver over past year BY KYLE COOKE ROCKY MOUNTAIN PBS
Every year, the Metro Denver Homeless Initiative conducts a “Point in Time Count” to determine how many people are experiencing homelessness in the Denver area. This year’s report found a “drastic increase” in the number of people in the Denver metro area experiencing homelessness for the first time, a surge that surveyors attributed to the impacts of the COVID-19 pandemic. You can read a snapshot of the report online at tinyurl.com/MetroDenverHomelessness. The full MDHI Point in Time report for 2021, which will include individualized data for Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson counties, will be published this fall. “In 2020 there were 1,273 people in shelters that were experiencing homelessness for the first time,” said Matt Meyer, MDHI’s executive director. “This year, that number doubled to 2,530 demonstrating the devastating effects of COVID-19 on the stability of our neighbors.” This year’s survey was conducted on a single day in February. MDHI found that in the Denver metro area, 5,530 people were staying in shelters, about a 1,000-person increase from last year’s study, which was conducted before the pandemic started. Benjamin Dunning with the advocacy group Denver Homeless Out Loud (DHOL) told Rocky Mountain PBS that the true number of people experiencing homelessness is probably even higher. Dunning explained that the pandemic made counting the number of unhoused people difficult, and that because the results of the Point in Time survey are self-reported, many unhoused people do not respond to the survey and are therefore not counted.
This year, MDHI did not include the number of unsheltered people in their study because of COVID-19. In 2020, there were 1,561 people experiencing unsheltered homelessness in the Denver metro area. Advocates believe that number has increased over the past year. “The number of folks ... that are out on the street probably tripled,” Dunning estimated. Nearly three-quarters of the people experiencing sheltered homelessness were staying in emergency shelters. MDHI said individual sheltered homelessness increased by 27 percent over the last year. “Unlike other parts of the country where shelter space was decreased during COVID-19, our community worked diligently to meet this challenge and stood up additional shelter spaces to help ensure the safety of those who needed it most,” Meyer added. “We are incredibly grateful for the hard work and dedication of our providers in responding to increased need while crafting creative solutions to meet the demand for those experiencing homelessness.” Recently, the City of Denver’s Department of Housing Stability released a five-year plan to address problems surrounding housing and homelessness in the city. One of HOST’s 14 main goals is to reduce unsheltered homelessness by half. “While the 2021 (Point in Time Count) did not include a count of people experiencing unsheltered homelessness, due to the circumstances related to the pandemic, job loss experienced during the public health emergency increased the number of people living in unstable conditions and losing their homes,” the HOST plan reads. The HOST plan also shows that there were more unsheltered homeless people in Denver last year — nearly 1,000 people in Denver County — since at least 2014. “We know that unsheltered homelessness has become a more visible
presence in Denver even as we are sheltering more people nightly than ever before,” the authors of the plan wrote. You can read the full five-year plan online at tinyurl.com/Denver5YearPlan.
This story is from Rocky Mountain PBS, a nonprofit public broadcaster providing community stories across Colorado over the air and online. Used by permission. For more, and to support Rocky Mountain PBS, visit rmpbs.org.
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14 Fort Lupton Press
September 15, 2021
BRIEFS Donation time The Fort Lupton Food & Clothing Bank is asking for donations of canneed fruit and N, variety of dry pasta and pasta dinners, peanut butter and canned meat such as tuna (including the pouches), to help out local schools that just reopened after a year of remote learning. Other potential donations could include chicken, Vienna sausages, spam and salmon. The bank also needs personal items, such as toiletries and baby needs. Drop off donations at the food and clothing bank’s back door, 421 Denver Ave., weekdays between 9 a.m. and 4:30 p.m. Call 303-857-1096. Art show applications open Applications are open for Fort Lupton’s third annual community art show. Call 303-857-6694. Growing Grads kickoff The city of Brighton’s Growing Grads College and Career Readiness Kickoff returns in person at 5:30 p.m. Wednesday, Sept. 15, at The Armory Performing Arts Center. High school juniors, seniors and parents are encouraged to attend and explore post-secondary options. “After hosting our last college fair remotely, we are so excited to bring back this one in-person,” said Tawnya Russell, manager of youth services in a statement.“This kickoff is a great way to help prepare students for that next step and we hope this in-person setting will help get questions answered and new opportunities discovered.” Colleges, trade schools and other
programs that will be in attendance include Western Colorado University, Emily Griffith Technical College, Spartan College (aviation and technology), Front Range Community College, Universal Technical Institute and Independent Electrical Contractors - Rocky Mountain (IECRM) and more. The kickoff is free to attend. Register at brightonco.gov/growinggrads. COVID-19 guidelines at the time will apply. Visit brightonco.gov/growinggrads or email trussell@brightonco. gov. Call for Art in Park artists The city of Brighton’s sixth annual Art in the Park festival tuns from 10 a.m. to 4 p.m. Saturday, Sept. 18, at Carmichael Park, 650 Southern St. A city statement said this one-day festival will give attendees the opportunity to meet with local, regional, and international artists showcasing their work, enjoy live music, watch artist demonstrations and entertain children with interactive art activities. In addition, food will be available for purchase through food trucks in attendance. The festival is free. Outdoor COVID guidelines at the time will apply. Artists interested in showcasing their artwork at the festival should apply at brightonartinthepark.com. The deadline for booth applications is Wednesday, Sept. 1. Visit brightonartinthepark.com or contact David Gallegos, arts and culture coordinator, at 303-655-2176 or dgallegos@brightonco.gov. Fall clean-up day
The city of Fort Lupton’s annual clean-up day will involve an October voucher program. Public Works Director Roy Vestal said the running average of positive COVID-19 tests was too high to allow for an in-person event. The pick-up day for senior citizens and the disabled is Thursday, Sep. 23. City officials said that date won’t change. Call City Hall to schedule pickup at 303-857-6694. Visit https://www.fortluptonco. gov/454/Clean-Up-Days. Electrification conference United Power is hosting the cooperative’s first-ever Fleet Electrification Conference at its Carbon Valley Service Center, 9586 E I-25 Frontage Road, from 9 a.m. to 3 p.m. Wednesday, Sept. 29. The featured guest, Lightning eMotors, specializes in producing sustainable commercial fleet solutions, including electric vehicles. The free conference is open to public and private fleet operators and managers. Guest speakers from United Power, the Colorado Department of Transportation and Northern Colorado Clean Cities will present their expertise in the emerging field of electrification at the conference. Topics covered during the conference include the state of Colorado’s new fleet electrification strategy, resources and funding options for fleet services, the growth and availability of charging infrastructure and the future of electrified fleets. During the conference, Lightning eMotors will also feature demonstration fleet electric vehicles. Preregister for the conference atwww.unitedpowerfleets2021.rsvpify. com. Lunch will be provided. Hunters safety class The city is offering a hunters safety class from 9 a.m. to 5 p.m. Saturday and Sunday, Sept. 9 and 10, The fee is $10, payable to instructor Ed Stephenson. Call 303-857-4200, ext. 6160 to preregister. Parents have to accompany those under the age of 10. ONGOING
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Teen hangout Teens can stop by the Fort Lupton Pubic & School Library Wednesdays to play crafts, video games and hang out with friends after school. 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 taking steps for 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 that come from walking. Blessings in a Bag Fort Lupton’s Backpack Program helps school children in need with a backpack of healthy food. It’s an all-volunteer program and is in need of volunteers. If interested in volunteering or donating, call 303-718-4440.
Mail donations to Blessings in a Bag, 306 Park Ave., Fort Lupton 80621.
Drop-in child care The Fort Lupton Recreation Center offers drop-in child care from 8:30 to 11 a.m. Mondays and Wednesdays or Tuesdays and Thursdays. Call 303-857-4200.
Committee openings Fort Lupton has openings for several of its citizen advisory committees. Visit https://www.fortluptonco. gov/966/I-Want-To-Apply-for-a-Committee. Boards/committees’ openings The city of Fort Lupton is looking for volunteers for its historic preservation board, the Fort Lupton Urban Renewal Authority, FLURA business representative (a five-year term), FLURA alternate member (term expires March 5, 2023) and library board trustee (term expires December 2024). Call Alyssa Knutson at 720-4666128. Chess tournament The Fort Lupton Public & School Library put together a chess tournament that’s ideal for beginning players. Visit https://docs.google.com/ forms/d/1UFPA1ENiETkHnJjaHh_ E3hUAOEWSRKUXpU7utzYab-U/ viewform?fbclid=IwAR1M9cUK4b p7cJyH9phmivtIV6gmeXqd3kNra 5q_L113Py-IhRIHDjMHRd4&edit_ requested=true Fort Lupton senior lunches Senior lunches are available at noon Mondays at the Fort Lupton Recreation Center, 203 S. Harrison Ave. Sign up by noon the previous Thursday. Call 303-857-4200, ext. 6166. Coffee group Fort Lupton’s weekly coffee group sessions are at 8 a.m. Wednesdays. Call 303-857-4200. Silver Sneakers Silver Sneaker Yoga is available Fridays from 9 to 9:45 a.m. and from 10 to 10:45 a.m. at the Fort Lupton recreation Center, 203 S. Harrison Ave. Water aerobics The city’s water aerobics class meets from 6 to 6:45 p.m. Tuesdays and Thursdays at thke Fort Lupton Recreation Center, 203 S. Harrison Ave. Call 303-857-4200. Pen pals Fort Lupton’s senior pen pal program through Twombly Elementary School is looking for participants. Learn more at: https://www.fortluptonco.gov/950/Senior-Pen-PalProgram Craft classes Monthly craft classes through the Fort Lupton Recreation Center (203 S. Harrison Ave.) are available. Call 303-857-4200, ext. 6166 with questions. COVID-19 vaccines The Salud clinic in Fort Lupton, 1115 Second St., is offering COVID-19 vaccinations to those 70 years of age and older, healthcare workers and workers in the state’s 1b category. SEE BRIEFS, P15
Fort Lupton Press 15
September 15, 2021
FORT LUPTON POLICE BLOTTER
Here are the police reports for Aug. 21 to Sept. 3 to the Fort Lupton Police Department. Not every call made to the police is not listed on this report. BY BELEN WARD BWARD@COLORADOCOMMUNITYMEDIA.COM
Aug. 21 A 23-year-old man from Fort Lupton reported criminal mischief in the 1000 block of Mountain View. Aug. 22 Police issued a summons to an 16-year-old girl at U.S. Highway 85 and Weld County Road 6 for reckless driving, speeding, DUI and minor in possession of alcohol. Police arrested a Highlands Ranch woman at U.S. Highway 85 and Weld County Road 6. She was held on bond at the Weld County Jail. Police arrested a 26-year-old male of Aurora and an 18-year-old Denver woman for causing a traffic accident at U.S. Highway 85 and mile marker 244. Police also arrested a 48-year-old Boulder woman in the 200 block of First Street on an Arapahoe County warrant for failure to appear on a DUI charge. She was held on bond at the Weld County Jail. A Denver man, 24, was arrested in the 1000 block of 14th Street on suspicion of DUI, drugs, driving while license is suspended and other traffic offenses. He was held on bond at the Weld County Jail. Police arrested a 35-year-old Fort Lupton man in the 600 block of
BRIEFS FROM PAGE 14
You don’t need to be a patient Register at saludclinic.org. Free short-term radon test kits Weld County residents can receive a free radon test kit (one per household, while supplies last). Test kits can be requested online at www. drhomeair.com/weld, according to a statement. Call the Weld County Department of Public Health and Environment at (970) 400-2226 or visit: www.weldgov.com/go/radon. Warm Line up and running Community Reach Center is
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Grand Avenue on four Weld County warrants for failure to appear on four felony drug charges. He was held on bond at the Weld County Jail. Aug. 23 A male,33, of Fort Lupton, received a summons for trespassing in the 200 block of South Denver Avenue. A Fort Lupton woman received a summons at Weld County Road 19 and Weld County 8 for an unvaccinated dog at large. Aug. 24 Police arrested a 39-year-old male, of Denver for DUI and traffic violations at U.S. Highway 85 and Weld County Road 14.5. He was held on bond at Weld County Jail. A 29-year-old Keenesburg man received a summons for careless driving at First Street and Harrison Avenue. Two Fort Lupton residents, a 26-year-old woman and a 23-year-old man, received summonses for an incident at a business in the 1400 block of Dexter Street. The female’s citation was for harassment, and the male’s was for theft. Aug. 26 Police arrested a 27-year-old Fort Lupton man on potential domestic violence and criminal mischief charges, plus a warrant out of Adams County for failure to appear on a traffic offense. He was held on bond at the Weld County Jail. Officers also arrested a 30-year-old Fort Lupton man in the 1800 block of Chestnut Street for domestic violence, criminal mischief and criminal tampering charges. He was held on bond at the Weld County Jail. Aug. 27 Officers arrested a 24-year-old Fort Lupton man for DUI in the offering a Warm Line (303-2806602) for those who want to talk to mental-health professionals about anxiety, lack of sleep and strained relationships, among other topics. The professionals can facilitate referrals to other programs for assistance. A press statement said the line is not for crisis intervention. Those feeling unsafe or suicidal should call Colorado Crisis Services (1844-493-8255) or text 38255 or visit the Behavioral Urgent Care Center, 2551 W. 84th Ave., Westminster. Also, the center’s COVID-19 Heroes Program is set up to assist healthcare workers during the pandemic. Those who live or work in Adams County can receive up to six free counseling sessions. Use the Warm Line for support and
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1200 block of Factory Circle. He was held on bond at the Weld County Jail. Police issued a 19-year-old Fort Lupton man at Fourth Street and Beth Avenue for displaying expired temporary tags and operating an uninsured motor vehicle. Officers also arrested a 36-year-old Fort Lupton man at U.S. Highway 85 and Weld County Road 14.5 for child abuse resulting in serious bodily injury, vehicular assault, reckless endangerment, DUI, careless driving resulting in injury and driving while license is under restraint. He was held on bond at the Weld County Jail. Aug. 29 A 44-year-old Fort Lupton woman received a summons for careless driving at Homestead Drive and Columbine Avenue. Police arrested a Fort Lupton man, 65, for domestic violencerelated second-degree assault, child abuse and harassment charges in the 200 block of Second Street. He was held on bond at the Weld County Jail. Aug. 30 A 20-year man from Platteville received a summons for DUI at U.S. Highway 85 and mile marker 247. An 88-year old man from Fort Lupton was issued a summon for causing and traffic accident in the 1300 block of Dexter. Police took a 29-year old Fort Lupton man into custody in the 600 block of Grand Avenue for an Adams County warrant for failure to appear on a trespassing charge. He was held on bond at the Weld County Jail. Police arrested an 18-year-old Fort Lupton man in the 100 block of South McKinley Avenue for a warrant for failure to comply with conditions of probation. He was held free counseling. Brighton’s community intake location is at 1850 E. Egbert St., on the second floor. It’s open from 8 a.m. to noon Tuesdays. Here’s a list of locations where you can receive a test for COVID-19: Brighton Advanced Urgent Care, 2801 Purcell St. Call 303-659-9700 or visit https://advurgent.com/locations/brighton/ Brighton Salud, 1860 E. Egbert St. Testing is available on Tuesday, Thursday and Friday. Call 303-6972583 or visit https://www.saludclinic.org/covid-testing Fort Lupton Salud, 1115 Second St. Testing is available on Tuesday and Thursday. Call 303-697-2583 or visit https://www.saludclinic.org/ covid-testing
on bond at the Weld County Jail. A 30-year old Golden woman was arrested at U.S. Highway 85 and Weld County Road 14.5 for a DUI, driving without a valid license, expired temporary permit, open container and failure to drive in a single line. She was held on bond at the Weld County Jail. Aug. 31 A 37-year old Fort Lupton man was taken into custody in the 1200 block of Denver Avenue for violating a protection order. He was held on bond at the Weld County Jail. Sept. 2 A 35-year old woman of Lochbuie reported her $400 bicycle was stolen in the 300 block of Park Avenue. The case was under investigation. A 48-year old Denver woman was issued a summons for a DUI, careless driving, no seatbelt, drugs paraphernalia and an open alcoholic container in the 12000 block of state Highway 52. An Evans man, 50, was arrested in the 1200 block of state Highway 52 for obstruction and having an open container. He was held on bond at the Weld County Jail.
Sept. 3 Police arrested a Fort Collins woman,48, in the 1200 block of Reynolds Street for DUI, unlawful possession of a controlled substance, drug paraphernalia, driving without a valid license and three active arrest warrants. She was held on bond at the Weld County Jail. A Fort Collins woman, 25, was arrested for a violation of a protection order in the 1200 block of Reynolds. She was held on bond at the Weld County Jail. A 75-year-old Denver man was issued a summons after causing a traffic accident at U.S. Highway 85 and Weld County Road 18. Alcoholics Anonymous The Brighton chapter of Alcoholics Anonymous meets at 147 S. Second Place. Meeting times are 10 a.m. and 7:30 p.m. Sundays, noon and 7:30 p.m. Monday through Saturday, 6 p.m. Thursdays and 9 p.m. Fridays. Call 303-659-9953 or visit www. brighton1aa.org. Volunteers needed Qualified Listeners needs volunteers to drive veterans to and from appointments, run errands for veterans who cannot get out, handyman services, help administer veteran and family resource guide inventory in local libraries and veterans to be trained to become qualified listeners. Visit qualifiedlisteners.org/volunteerapp and fill out the form or call 720-600-0860.
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16 Fort Lupton Press
September 15, 2021
Clinic begins advising legal help for patients Salud offering help evictions, deportations, other legal woes BY JAKOB RODGERS KAISER HEALTH NEWS
COMMERCE CITY— In her 19 years of living with cerebral palsy, scoliosis and other ailments, Cynthia Enriquez De Santiago has endured about 60 surgeries and her heart has flatlined at least four times. But the most unusual doctor’s referral of her life came last year: Go see an attorney. Enriquez De Santiago sought help at a Colorado health clinic that takes a novel approach to improving the health of its patients: It incorporates legal assistance into its medical practice for patients facing eviction or deportation proceedings, among other legal woes. And the state’s Medicaid program helps fund the initiative. Although Medicaid traditionally doesn’t fund clinics to supply legal assistance, Colorado is one of several states that have been given permission to use some of their Medicaid money to help pay for such programs. Every day in Commerce City, four lawyers join the physicians, psychiatrists and social workers at Salud Family Health Centers’ clinic in this suburb north of Denver, as part of Salud’s philosophy that mending legal ills is as important for health as diet and exercise. The goal: Reduce toxic stress and keep families intact, on the premise that it will serve their health for years to come, said Marc Scanlon, the attorney who directs the program. Mostly, that has meant helping people with unemployment benefit claims and Social Security Disability Insurance denials. But it also regularly entails helping patients — many of whom speak only Spanish after having arrived here from Mexico or Central America — with immigration hearings. The program is among at least 450 existing medical-legal partnerships across the nation that typically serve impoverished people and migrants.
The vast majority don’t rely on Medicaid dollars, which are used only in fewer than 10 states, according to the National Center for Medical-Legal Partnership. The role of these sorts of medicallegal partnerships has grown over the past year as millions of people in the U.S. have faced lost income and the threat of losing their homes during the covid-19 pandemic. Some partnerships have helped patients secure unemployment checks, while others have fought some of the evictions that weren’t already barred by state or federal moratoriums. “All the issues that people are struggling with in the pandemic are all the same issues that medicallegal partnerships have been trying to work with forever,” said Vicki Girard, a law professor and co-director of the Georgetown University Health Justice Alliance in Washington, D.C. In Montana, Kallie Dale-Ramos helped persuade a primary care association, the state’s legal aid organization and six community health centers operating in cities across Montana to pool $20,000 to help hire an attorney, who can split time among the clinics to help patients affected by the pandemic. Since the start of 2020, that investment has helped more than 130 patients seek unemployment claims — and potentially stave off financial ruin. One woman had been waiting for unemployment assistance since applying in March 2020, and only recently received her first check, said Dale-Ramos. Without legal help along the way, the woman “would have just been like, `I can’t do this anymore,’” Dale-Ramos said. This sort of legal-medical partnership is centered on the notion that doctors can do only so much to keep their patients healthy. Proponents See Lasting Impact Advocates for such programs cite the example of a child suffering from asthma caused by mold in a dilapidated apartment. While a doctor couldn’t force a landlord to clean up the property or break the lease, a letter from a lawyer might be persuasive, said Dr. Tillman Farley, Salud’s chief medical officer. “Some of these impacts carry out for decades,” Farley said. “And once
Marc Scanlon and Bea Garrity offer legal advice at Salud Family Health Centers’ Commerce City, Colorado, clinic, one of more than 450 medical-legal partnerships nationCOURTESY PHOTO wide.
you get into effects like that, then you’re really talking generational changes in health outcomes.” Beyond common sense, evidence from emerging research suggests the approach can work. Patients at Veterans Affairs clinics in Connecticut and New York, for example, saw their mental health improve significantly within three months of consulting a clinic attorney, according to a 2017 study in Health Affairs. And at Colorado’s partnership, a survey of patients from 2015 to 2020 found statistically significant drops in stress and poor physical health, as well as fewer missed medical appointments among its 69 respondents, said Dr. Angela Sauaia, a professor at the Colorado School of Public Health who led the research. The possible reasons for missing fewer doctor appointments after getting the legal help, Sauaia said, included patients having more income,
being less depressed and having an improved immigration status that made them less fearful to venture into public. Medical-legal partnerships should be considered part of health care, Sauaia believes. “You should be referring to them the same way a provider would be referring a patient to a specialty, such as endocrinology or surgery.” The biggest challenge for these programs is securing stable funding. Many are funded with a small amount of seed money, or by grants that run only a year or two. Medicaid, established in 1965, is a nationwide health care program for people who have low incomes or are disabled. It’s jointly funded by the federal government and each state, and traditionally has covered medical costs such as physician visits SEE CLINIC, P17
Fort Lupton Press 17
September 15, 2021
CLINIC FROM PAGE 16
and hospital stays. In recent years, though, some states have increasingly sought to use Medicaid dollars to fund initiatives such as using social workers or offering legal assistance to address the social determinants of health. That includes North Carolina, which is using a federal waiver and hundreds of millions of dollars in a highly scrutinized effort to transform its Medicaid program. Among its strategies is more legal aid for patients. Some Critics See Overreach by Medicaid Plans The nationwide shift has prompted some health policy experts to question whether Medicaid is beginning to run too far afield of its purpose. “Everybody agrees that social factors play a very large role in health outcomes; the question is what to do about it,” said James Capretta, a resident fellow of the American Enterprise Institute who was an associate director of the Office of Management and Budget during the George W. Bush administration. “Medicaid is already an immense program with lots of financial challenges,” Capretta noted. “The program was not built for Medicaid to pay for too many services beyond the more direct services that are related to a medical condition or a disability.” The small-scale use of waivers and supplemental Medicaid dollars to Suncor Air Monitoring Print Ads.pdf
fund programs aimed at the social factors of poor health — such as housing for people with severe mental illness — works in some places, said Matt Salo, executive director of the National Association of Medicaid Directors. But for Medicaid to provide widespread funding for such social service programs would be unsustainable, and shouldn’t happen, he said. “It is not — and should not be — Medicaid’s responsibility to figure out how to pay for it,” he said. Some advocates for legal assistance programs and health policy experts worry about a potential public backlash based on misperceptions about how the little-known medicallegal partnerships use Medicaid. For one, the programs generally aren’t reimbursed for services in the same way traditional Medicaid programs are, said Sara Rosenbaum, a health law and policy professor at George Washington University. Medicaid is more of “an indirect funder,” she said. A 2019 Manatt Health Strategies report on funding for medical-legal partnerships said “the time is ripe” for these partnerships to explore the little-used avenues available in Medicaid. The states that administer the Medicaid programs and the managed care organizations that contract with them have some discretion to fund non-clinical services that improve access or outcomes for social determinants of health, according to the report. States also can write the medicalleaderships programs into a larger federal waiver application for ex-
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perimental, pilot or demonstration projects that promote Medicaid’s objectives. “The dollars are minimal,” said Ellen Lawton, former director of the National Center for Medical-Legal Partnership, and a senior fellow at HealthBegins, a consulting firm. “And I think what we’re seeing is that — appropriately — the Medicaid programs are pacing themselves. They’re looking to see what works — what works in our state, what works in our region, what works with the populations that we’re focused on.” States have been creative in funding these sorts of legal assistance programs. Colorado officials said they amended their Medicaid spending plan to provide grants to two such partnerships. Other states have sought federal waivers allowing them to support those programs. The Department of Veterans Affairs also offers the services of medicallegal partnerships funded by outside organizations. Scanlon, the attorney at the Salud clinic, is part of a nonprofit organization called Medical Legal Partnership Colorado that operates under a joint agreement with the clinic. Colorado’s Medicaid program approved a $300,000 grant to the partnership that was renewed this year to pay for three attorneys’ salaries. Authorizing the funding took little convincing, said Michelle Miller, chief nursing officer for the state’s Medicaid program. “When we were asked to approve funding for this, I jumped at it,” Miller said. One Woman’s Story For Cynthia Enriquez De Santiago, the 19-year-old patient from Salud’s
Commerce City clinic, legal advice made all the difference in her medical care. In addition to her cerebral palsy, the teen is blind and has difficulty speaking; she needs round-the-clock care, including help eating and using the bathroom. Her doctor at the clinic put Rafaela De Santiago, Cynthia’s mother, in touch with an attorney who could help her continue to be her daughter’s legal guardian after the teen turned 18 last year. The timing of that legal help proved critical: Several months after seeing the attorney, Enriquez De Santiago was rushed to a hospital. For no obvious reason, she had become hypothermic; her blood pressure dropped and her blood-oxygen levels cratered. “The doctors were telling me I had to be ready for the worst,” the teen’s mother said through a Spanish-toEnglish interpreter. Because she was Enriquez De Santiago’s legal guardian, her mother was able to sign off on follow-up tests after that emergency to quickly get to the root of the medical problem and help prevent it from happening again. Without guardianship, “it would have been really, really hard, because I wouldn’t know where to begin the process,” Rafaela De Santiago said. This story is from Kaiser Health News, a nonprofit news service covering health issues. It is an editorially independent program of Kaiser Family Foundation, which is not affiliated with Kaiser Permanente. Used by permission. For more, khn.org.
18 Fort Lupton Press
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Fort Lupton Press 19
September 15, 2021
Brighton remembers 9/11 and the victims BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM
Brighton’s first responders gathered in the parking lot of City Hall on Sept. 11 in a ceremony marking the 20th anniversary of the terrorist attacks in New York. ‘You might not get home’ Brighton Fire Rescue Lt. Chris Elliott said there are a few times in a first responder’s career when they get the distinct feeling “you might not get home,” as was the case for the firefighters to responded to the World Trade Center. “They had that feeling as they went forth into that doomed building,” Elliott said. “They overlooked their own safety.” As has been the case almost every anniversary since, the phrase “We Will Never forget” is commonplace. Elliott asked the crowd to think about that phrase as it pertained to the victims, including the families of the 1,600 parents who never came home. “What do you think that phrase means to firefighter Kevin Shea?” Elliott asked. “He was off duty but managed to jump onto Ladder 55. They responded from the west side of Manhattan. He can’t forget his role as the surviving member of that company. He was blown out of the building when the tower collapsed. “How does life get back to normal for Engine 54, Ladder 4 and Battalion 9?” Elliott continued. “They lost 15 members of their company in one
hour and 47 minutes.” Elliott said the impact of the 9/11 attacks seems to be lost on many Americans. “They will like a celebrity’s Instagram post and then move on to the next TikTok video,” he told the crowd. “For those who lead lives to serve others, the memories remain fresh wounds.” Confusion Brighton’s incoming fire chief said 9/11 provides a sense of confusion. “A lot of us are pulled in different directions,” said Brycen Garrison, who will come to Brighton by way of the Thornton Fire Rescue District. “There’s the sadness because of the loss of all the firefighters’ companies. We feel a sense of pride in the work they did that day. It’s OK to feel both pride and sadness. “But it also creates confusion,” Garrison added. “That’s why we are so passionate.” EMS response Platte Valley Ambulance Service Department Director Carl Craigle came to Brighton six months after the 9/11 attacks. He began his explanation of emergency medical service response by saying, “It’s an old adage. If you’ve seen one EMS provider, you’ve seen one EMS provider.” Services depend on the communities’’ needs. In the case of emergency response in Shanksville, Pa., it was a volunteer fire department and
Brighton’s incoming fire chief, Brycen Garrison.
a non-profit ambulance service. “As horrific as it was, they were hoping there’d be someone to save,” Craigle said. “There wasn’t.” The Pentagon is in Alexandria, Virginia. EMS service there comes from the fire department and with support from agencies in Virginia and Maryland. “In Washington, D.C., they held back,” Craigle said. Everyone expected the White House or the Capitol to be next.”
PHOTO BY STEVE SMITH
Craigle called New York City “a large, complex city” with five boroughs, each of which has its own identity and its own needs. “The main provider is FDNY, but there is no way they can cover an area of 1 million people,” Craigle said. “Every one of the boroughs has hospital-based EMS.” All sent men and equipment to the Twin Towers. SEE MEMORIAL, P21
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September 15, 2021
Class-action suit targets Colo. child mental health gaps Plaintiffs include hospitalized teens from Castle Rock, Northglenn BY JENNIFER BROWN THE COLORADO SUN
Colorado has lapsed on its obligation to provide mental health care for needy children, leaving them to cycle in and out of emergency rooms instead of receiving appropriate long-term care, according to a federal class-action lawsuit filed against the state Medicaid program. The lawsuit so far includes three anonymous plaintiffs, all teenagers who have for months or years been checked into hospital emergency rooms and psychiatric facilities but then were refused step-down residential treatment because no beds are available. The case is similar to major lawsuits filed in other states, including Illinois, which was forced to revamp its mental health system for children in a 2018 settlement. “Colorado needs a comprehensive mental health plan of care for these children, and there are significant gaps and missing links that need to be rectified,” said Robert Farley, the attorney handling the Colorado case who also successfully sued Illinois. “These children have legal rights to get the necessary services.” The three plaintiffs, identified only as A.A, B.B. and C.C., should have received intensive mental health services in their communities — an entitlement under federal law for children on Medicaid government insurance, according to the lawsuit. The suit, filed Sept. 3, seeks class-action status to represent other children who have not received needed treatment. The children have been unfairly “institutionalized,” it alleges. One is a 13-year-old Northglenn boy who has been hospitalized at Children’s Hospital Colorado since March because the state has refused to pay for a less-restrictive residential treatment center. The teen, who has reactive attachment disorder and other mental health issues,
remains hospitalized due to the lack of other options, according to the lawsuit. Another is a 16-year-old Castle Rock girl who has been in the emergency department at Children’s Hospital Colorado since July 31. The state has been unable to find a longterm residential program, despite looking out of state, according to the lawsuit. The teen, who is suicidal and has post-traumatic stress disorder and reactive attachment disorder, has been admitted to an emergency room 17 times because of her mental health struggles, the suit says. The child, who has busted open her head by banging it on the wall and tied sheets around her neck, has had to rely on emergency treatment while in crisis instead of receiving long-term care that would improve her mental health, according to the lawsuit. The third plaintiff is a 13-year-old Aurora girl diagnosed with major depression and an anxiety disorder who has been hospitalized three times. She’s living at home but needs to go to a residential treatment center, which the state has not provided, according to the lawsuit. Law creates entitlement Under federal law, children who qualify for Medicaid are entitled to receive medically necessary mental health services through a program called “Early and Periodic Screening, Diagnostic and Treatment Service.” The goal of the lawsuit, which names Colorado Department of Health Care Policy and Financing Executive Director Kim Bimestefer, is to force Colorado to build a better spectrum of care so that children have more options other than emergency hospitalization, Farley said in an interview with The Colorado Sun. The state Department of Health Care Policy and Financing declined to comment, noting that it is against department policy to discuss pending litigation. The lawsuit comes at a pivotal time for Colorado, where suicide is the leading cause of death for young people and Children’s Hospital
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The exterior of Children’s Hospital Colorado in Aurora, photographed on Oct. 18, 2019. PHOTO BY JOHN INGOLD/THE COLORADO SUN
Colorado recently sent up a flare for legislative help because its emergency room is crowded with suicidal and depressed kids and teens. About 2,300 children received intensive community-based services through the state Medicaid department’s Children’s Extensive Support Waiver program, but in order to qualify, children must have an intellectual or developmental disability.
Similarly, 163 children received services through the state’s Children’s Residential Program, but to qualify, children had to have a diagnosed intellectual disability. The system is discriminatory, Farley alleged, when only certain children can qualify for residential care. Farley initiated the lawsuit after SEE LAWSUIT, P21
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Fort Lupton Press 21
September 15, 2021
LAWSUIT FROM PAGE 20
receiving various calls for help from families in Colorado, he said. “You just can’t flip a switch overnight and create a mental health system for children,” Farley said, explaining that any changes ahead for Colorado are likely to take years. Some families are desperate In many states, mental health treatment for children is so inadequate that families get to the point that the only safe place they can find for their child is a psychiatric hospital, he said. Each time their child is stabilized and released, the options for step-down programs, such as day treatment or residential centers, are “slim to none,” Farley said, so the child goes home until the next emergency rush to a psychiatric facility. The situation gets so dire that some families eventually refuse to take their children home, which results in the hospital calling child welfare authorities. Under the custody of the child protection division, children receive placement in a residential treatment facility. “It gets to the point where families become desperate,” Farley said. “They don’t see hope. They don’t see progress. They get to the point where we have to do something.” Farley said he knows many kids, not just his 16-year-old Colorado client, who have had more than a dozen visits to the emergency room
for psychiatric problems. “That’s not an unusual situation,” he said. “It’s not just somebody falling through the cracks. If you’ve had to go to the emergency room 17 times, something is not working.” In some cases, children are adopted from the foster care system and have severe mental disorders related to early childhood trauma, Farley said. Their adoptive parents struggle to get them help, despite having Medicaid coverage. Residential programs, which cost about $700 or even $900 per day, have been shrinking in Colorado, leaving families and the state to seek beds out of state. Colorado needs to boost its options along the mental health treatment spectrum, including better in-home programs and community programs with the aim of keeping kids out of residential centers and hospitals, Farley said. In May, Children’s Hospital Colorado declared a “pediatric mental health state of emergency” and said its emergency rooms were overwhelmed by children in psychiatric crisis. Mental health emergency room visits were up 90% in April compared with April 2019 and the hospital reported seeing three or four kids each week who had just attempted suicide. This story is from The Colorado Sun, a journalist-owned news outlet based in Denver and covering the state. For more, and to support The Colorado Sun, visit coloradosun. com. The Colorado Sun is a partner in the Colorado News Conservancy, owner of Colorado Community Media.
Members of the Brighton Police Department stand at attention during a program PHOTO BY STEVE SMITH commemorating the 20th anniversary of 9/11.
MEMORIAL FROM PAGE 19
Pictures in one’s mind Craigle said he spent most of the last 20 years visualizing what the EMS providers must have seen on 9/11. For one, the site of the former World Trade Center was a huge campus. “When they arrived, EMS had to bring the stretchers across a large expanse,” Craigle said. “There were large shards of glass. If you slipped and fell, you could get cut
up pretty bad. Then came the large objects, office furniture, a copying machine. “Then came the citizens,” he continued. “Some intentionally jumped. Others purposefully tried to climb down the skyscraper. I’ve been trying to imagine what that would have taken for me and my partner .. and then to make the return trip. “In the last 20 years, you and I have been through a lot, the birth of children .. some flat-out bizarre calls,” Craigle said. “I can’t imagine losing all these people in a sudden moment.”
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22 Fort Lupton Press
September 15, 2021
Westminster’s Hatz returns from Paralympics with three top-10 finishes BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM
Beatriz Hatz finished the busy part of her summer in a foreign land. The Westminster resident was among the athletes who participated in the Paralympic Games in Tokyo. She took sixth in the 100-meter dash, sixth in the 200-meters and fifth in the long jump. “I definitely would’ve loved to have been on that podium,” she said. “But at the same time, these are my first games, and I can’t be too disappointed in my results.” Thanks to COVID-19 and its restrictions, Hatz and the other athletes were not able to support other USA teams – “just our own.” “We were not able to leave the village so we didn’t get to experience Japan as much as we would like,” Hatz said. “But the volunteers really made the experience amazing. We weren’t able to leave the village other than to go to the stadium. “The volunteers were always very happy, extremely helpful and sweet,” she added. “Whenever we would go drop off our laundry, they would give us origami cranes that they made. They also were very nice when I tried to speak to them in Japanese. They would help me out and teach me new words.” Hatz didn’t hang out with other athletes from other countries either. “I did not want to risk getting COVID during competition,” she said. “I stayed with my friends from the track and field team for USA.”
Beatriz Hatz
COURTESY PHOTO
Hatz graduated from D’Evelyn Junior/Senior High School in 2019. She was born without a fibula in her right leg. Doctors amputated the leg below the knee. Her training is underway for the next Paralympics. “Thank you to everyone in Japan who made my first Paralympic experience one to remember,” Hatz said. “I’ve got some work to do, but it shows me where I stand in the world. “And I’ve got three years till the next games.”
Beatriz Hatz
COURTESY PHOTO
New mural brings dose of color to Dinosaur Ridge Life-sized ‘geometric sculpture’ also planned
A Celebration of “The Mighty Zep”
BY PAUL ALBANI-BURGIO PALBANIBURGIO@COLORADOCOMMUNITYMEDIA.COM
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Morrison’s Dinosaur Ridge has long provided a unique chance to see the footprints left by dinosaurs. But starting now, visitors will also get a fresh perspective of what it might have been like to see dinosaurs walk across the area’s prehistoric landscape. That perspective will come via a new mural covering two sides of the facility’s ticket booth at its visitor center, which depicts three dinosaurs walking across the mudflats that once characterized the area. The dinosaurs depicted include a large stegosaurus, the first skeleton of which was discovered at Dinosaur Ridge, and two long-necked apatosaurus. Artist Julia Williams said she was also planning to draw several tracks in the mud flat to reflect the fossilized footprints that can be seen at the site. Painting the mural has been “a perfect opportunity” for Williams, who goes by the artist name “The
MORE FROM THE ARTIST To see more of Julia Williams’ work, including her other murals throughout the Denver metro area, visit thedesignosaur. com. Designosaur” and has painted several murals around the Denver area, including a few depicting dinosaurs. “I’ve always loved dinosaurs since I was a little kid,” said Williams. “I feel quite a connection to them.” Kristen Kidd, the marketing and communications director for Dinosaur Ridge, said that affinity for dinosaurs made Williams a natural to design a mural for the visitor’s center, which already has several painted stegosaurus figures spread around its exterior. “Naturally when we learned about her, we were curious about what she might do here,” said Kidd in an email. “And her design knocked our socks off.” Williams, who lives in Superior, said the opportunity was also particularly exciting because she frequently visited Dinosaur Ridge while growing up in Arvada. “I couldn’t believe it when they called me,” she said. SEE DINOSAUR, P24
Fort Lupton Press 23
LOCAL
September 15, 2021
SPORTS
Softball: Fort Lupton captures Colorado League opener PHOTOS BY STEVE SMITH
Fort Lupton’s Bluedevils walked out of Skyview’s home field Sept. 9 with a solid win, the first game of their Colorado League season. Fort Lupton ended the day with a 16-1, six-inning win over the Wolverines. Reagan Mewbourne had five hits and drove in three runs. Genevieve Hunt had one hit and three RBIs. Sammy Gonzales had two RBIs on the strength of three hits. Riley Balcazar had a base hit and drove in two runs. Winning pitcher Taylor Fells threw a complete game and struck out eight. For their next challenge, the Blue Devils hosts Weld Central at 4 p.m. Thursday, Sept. 16.
Areliano Bravo of Fort Lupton wheels to make a throw to first base in the first inning of her team’s game at Skyview Sept. 9. FLHS won the Colorado League opener 16-1.
Fort Lupton’s Sammy Gonzales slides into home with the first run of her team’s game at Skyview Sept. 9. PHOTOS BY STEVE SMITH The catcher is Natalie Connelly. The Bluedevils won 16-1.
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FLHS coach Albert Vasquez takes a second for a hitting lesson with FLHS pitcher Taylor Fells during the Bluedevils’ Colorado League opener at Skyview Sept. 9. FLHS won 16-1.
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Football A Go Fund Me Page is online for Savion Lowe, who played football at Skyline High School in Longmont. Lowe died unexpectedly Sept. 7. “Our hearts go out to Skyline High School over the tragic loss of fellow varsity football player Savion Lowe,” said a Facebook post from the Frederick High School football team. “#46 will forever be in our hearts.”
“Our players got a chance to meet Savion while attending their scrimmage against Prairie View,” said another Facebook post, this one from the Brighton High School football team. “We are deeply saddened by his passing and would like to send all of the support we can to his family and team.” As of Sept. 9, more than $14,000 had been donated to help the family with expenses. Skyline students began the fundraising effort. The link is https://www.gofundme. com/f/wings-up-for-savion?qid=31 f86568d539c7aa5ae147a7a9d55dde
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But if you don’t have new employment in place, you might be able to rely, for a while at least, on income from your spouse or life partner. If possible, try to avoid tapping into your 401(k) from your previous employer. If you’ve already established an emergency fund, you could dip into it. However, try to replenish it when you’re earning money again. Here’s another suggestion: If you’re going to work for yourself, don’t wait too long before setting up a retirement plan, such as an “owneronly” 401(k) or a SEP or SIMPLE IRA. If you’re participating in the “Great Resignation,” it means you’re feeling positive about your future employment prospects – but you’ll still want to prepare yourself financially. This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.
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24 Fort Lupton Press
September 15, 2021
S P O R T S SCORECARD BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM>
Fort Lupton scores Softball Fort Lupton beat Platte Valley 16-2 Sept. 7 in Kersey. No stats were available for either team. FLHS beat Holyoke 11-1 in four innings of the Sept. 11 round of a tournament at Brush High School. Corey Koellner had two of Holyoke’s hits. She also drove in her team’s run. No stats were available for Fort Lupton. Limon beat the Bluedevils 6-4 in the first day of the Brush tournament Sept. 10. FLHS’ runs came in the Bluedevils’ last turn at bat. Trista Marx had two hits and two RBIs for Limon. FLHS wrapped up the Brush tournament with an 11-1 win over Denver East. Frederick HS scores Football Frederick’s game at Fort Morgan, featuring two of the top teams
in class 3A, won’t take place as planned Sept. 10. Kevin Shaffer with Colorado Preps reported that the Warriors were dealing with some quarantine issues. Cross country Frederick’s Mikenna Hoffman finished 12th in the girls race at the Re-1J district meet at Sunset Golf Course Sept. 8. She fashioned a time of 21:47.3. Others who competed for the Warriors were Mya Wilcox (47th, 26:56.8) Alexis Torres (55th, 28:28.9), FHS didn’t field enough runners for a team score. On the boys side, Alexander Carrillo finished 22nd with a time of 18:37. Others to produce the points were Garrett Colvin (48th, 20:45.9), Brandt Hartman (60th, 22:05.5), Darren Reynolds (69th, 23:09.6) and Joshua Bailey (70th, 23:13.8). FHS took sixth place. Here are the results from Frederick’s entries at the Fort Morgan Invite Sept. 10: Boys: 4. Chase Svela, 17:28.2. 6. A. Carrillo, 17:49.8. 23. G. Colvin, 19:43.9. 30. B. Hartman, 20:26.2. 50.
Brayden Cardosa, 21:24.6. Girls: 1. M. Hoffman, 20:46.3. 26. M. Wilcox, 25:07.6. 35. A. Torres, 26:09.2. 48. Gracie Wilts, 28:19.3. 49. Ashlyn Torres, 28:25.1. Golf Frederick tied for third at the Longs Peak League meet at Todd Creek Sept. 7. Jake Chesler finished in a tie for sixth after his 7-over round of 79. Brendan Gochanour fired an 83, and Christian VanWinkle finished with an 85. The Warriors’ trip to the Longs Peak League meet at Quail Dunes Golf Course in Fort Lupton resulted in an eighth-place finish. Cole Greff fired the team-low score of 88. Gochanour carded a 93, as did Kyle Spence. Soccer Libertey Common blanked Frederick 10-0 in Frederick Sept. 7. Joshua Salehi had six goals. No stats were available for the Warriors. Volleyball Frederick downed Standley Lake 25-7, 25-16, 25-14 in Frederick Sept. 8. Kinley Lindhardt had 17 kills
APPROACHING THE GREEN
DINOSAUR FROM PAGE 22
Julia Williams paints scales onto a stegosaurus as she continues work on her mural at the Dinosaur Ridge ticket booth on Sept. 8. The stegosaurus is PHOTO BY PAUL ALBANI-BURGIO the Colorado state dinosaur.
style to “Eolambria”) last year. It can be seen at the intersection of 56th Avenue and Highway 93, just north of Golden. Williams said the Friends of Dinosaur Ridge paid for both projects out of its budget, “We love that there are local artists who feature dinosaurs in their work — it just feels like a great fit with our vision of providing a place that not only educates visitors but sparks wonder and imagination,” Williams said. Dinosaur Ridge is also hoping to do more fun dinosaur art projects soon, she said.
Frederick’s Christian VanWinkle hits an approach shot during the Longs Peak League meet at Quail Dunes Golf Course in Fort COURTESY CHRIS DESANTIS Morgan Sept. 9.
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One of Kidd’s trademarks is super bright colors. The Dinosaur Ridge mural, which has a color scheme consisting of bright purple, red, orange and yellow, is no exception. “I think it’s super warm and inviting and fun,” she said. “I wanted to bring some sort of color to this area.” The mural isn’t the only new piece of artwork coming to Dinosaur Ridge. In a press release announcing the new mural, Williams explained that Goldenbased artists Pat Madison and Jim Dickson will also soon be partnering on a new piece for the facility called “Eolambia.” The release describes that piece as a lifesized geometric sculpture of a plant-eating dinosaur called an eolambia that “will resemble a Rubik’s Cube with its multicolored design.” The project will be visible to passing traffic along I-70, with its location and installation date to be announced soon. Madison created a a small herd of colorful geometric triceratops (done in a similar
for the Warriors. Katelin Sindelar added eight. No stats were available for the Gators. The Warriors also beat Roosevelt 25-12, 25-17, 25-20 in Johnstown Sept. 7. Sindelar had nine kills, Lindhardt had seven and Delaney Frank added six. The Warriors’ win streak reached nine after a 25-15, 25-17, 25-16 home-floor win over Fort Morgan Septe. 9. Sindelar had 12 kills, and Lindhardt added eight. Kelsey Matthews had a half-dozen aces. Tennis Frederick got past Severance 4-3 in Severance Sept. 9. All four of FHS’ doubles teams -- Bridger Burnham and Shawn Gippe, Jay Ybanez and Bryan Schmitz, Caleb Luedke and Chris Bates and Anthony Geist and Walker Helsley -- won their matches. Luedke and Bates and Geist and Helsley won their matches by forfeit. Burnham and Gippe and Ybanez and Schmitz won their matches in straight sets.
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September 15, 2021
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TRIVIA 1. TELEVISION: What was the name of Tim Taylor’s friend and sidekick on the “Home Improvement” sitcom? 2. GEOGRAPHY: Which U.S. city has the nickname “Big D”? 3. LITERATURE: Which novel begins with the line, “Last night I dreamt I went to Manderley again”? 4. MEDICAL: What usually causes rickets in children? 5. MUSIC: Which novel is referenced in The Police’s song “Don’t Stand So Close to Me”? 6. FOOD & DRINK: Cafe du Monde is a famous restaurant in what city? 7. ENTERTAINERS: Which famous actor was born Maurice Micklewhite? 8. MEASUREMENTS: What scientific unit of measurement also is the name of a mammal?
9. GENERAL KNOWLEDGE: What is a thalassophile? 10. ANATOMY: What is the colored part of the eye called? Answers 1. Al Borland 2. Dallas 3. “Rebecca” 4. Lack of vitamin D 5. “Lolita” 6. New Orleans 7. Michael Caine 8. Mole, which is used to measure particles in a substance 9. A lover of seas and oceans 10. Iris (c) 2021 King Features Synd., Inc.
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26 Fort Lupton Press
September 15, 2021
www.ColoradoCommunityMedia.com/Notices
PUBLIC NOTICES
Public Notices call Bobi 303.659.2522 Legals
INTRODUCED, READ, AND PASSED ON FIRST READING, AND ORDERED PUBLISHED this 7th day of September 2021.
City of Ft. Lupton
PUBLISHED in the Fort Lupton Press the 15th day of September 2021.
ORDINANCE NO.
2021-1123
INTRODUCED BY: CHRIS CERETTO ADOPT ORDINANCE 2021-1123 ANNEXING LAND LEGALLY DESCRIBED IN EXHIBIT “A” KNOWN AS THE RATERINK ANNEXATION AND APPROVING THE ANNEXATION AGREEMENT. INTRODUCED, READ, AND PASSED ON FIRST READING, AND ORDERED PUBLISHED this 20th day of July 2021. PUBLISHED in the Fort Lupton Press the 28th day of July 2021. FINALLY READ BY TITLE ONLY, PASSED AND ORDERED PUBLISHED BY TITLE ONLY this 7th day of September 2021. PUBLISHED BY TITLE ONLY the 15th day of September 2021. EFFECTIVE (after publication) the 15th day of October 2021. CITY OF FORT LUPTON, COLORADO Zo Stieber, Mayor ATTEST: Maricela Peña, City Clerk Approved as to form: Andy Ausmus, City Attorney EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED AT THE NORTHEAST ¼ OF SECTION 5, TOWNSHIP1 NORTH, RANGE 66 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO: FURTHER DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5 TO BEAR SOUTH 89’39’45”WEST, BEING MONUMENTED ON THE EAST END BY A 3/4” REBAR WITH 3 1/4” ALUMINUM CAP, PLS 13155 N MONUMENT BOX, AND ON THE WEST END BY A 3/4” REBAR WITH 3 1/4” ALUMINUM CAP, PLS 13155 IN MONUMENT BOX, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 00’07’26” WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 75.00 FEET TO THE NORTH LINE OF APPEL FARM ANNEXATION TO THE TOWN OF FORT LUPTON AND THE TRUE POINT OF BEGNNING; THENCE SOUTH 89”39’45” WEST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 767.13 FEET TO THE WEST LINE OF LOT A, RECORDED EXEMPTION NO. RECX20-0069, AS SHOWN ON THE PLAT RECORDED AUGUST 5, 2020 AS RECEPTION NO. 4616704 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO, ALSO BEING THE EAST LINE OF TWOMBLY ANNEXATION, AS SHOWN ON THE PLAT RECORDED FEBRUARY 23, 994 AS RECEPTION NO. 2374890 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 00’07’26” WEST, COINCIDENT WITH SAID LINE, A DISTANCE OF 492.97 FEET TO THE NORTHWEST CORNER OF SAID LOT A; THENCE NORTH 89”40’43” EAST, COINCIDENT WITH THE NORTH LINE OF SAID LOT A AND LOT B, RECX20-0069, ALSO BEING THE SOUTH LINE OF SAID TWOMBLY ANNEXATION, A DISTANCE OF 767.13 FEET TO THE EAST LINE OF THE NORTHEAST ¼ OF SAID SECTION 5; HENCE SOUTH 00’07’26” EAST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 492.76 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 378,092 SQUARE FEET OR 8.68 ACRES, MORE OR LESS Legal Ad No.: FLP222396 ORDINANCE NO. INTRODUCED BY:
2021-1129 CHRIS CERETTO
AN ORDINANCE OF THE CITY COUNCIL OF FORT LUPTON ACCEPTING THE MCINTOSH FARM CO LLLP PUBLIC RIGHT OF WAY DEDICATION FOR COUNTY ROAD 16 LOCATED IN THE SOUTHWEST ¼ OF SECTION 29, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. NOW THEREFORE BE IT RESOLVED that City Council hereby accepts said Dedication, and orders that the Instrument of Dedication be recorded in the Recorder’s Office of the County of Weld, State of Colorado, and said described real estate is hereby declared open and dedicated pursuant to C.R.S. § 24-68-101, et seq. WHEREAS, Kenneth R. McIntosh, has this day filed with the City of Fort Lupton, Colorado (the “City”), its dedication of certain real estate, which Dedication is hereinabove set forth: AND WHEREAS, the City finds that said Dedication is desirable and necessary; THIS RIGHT OF WAY IS CREATED AND GRANTED THIS 7th DAY OF SEPTEMBER 2021.
FINALLY READ BY TITLE ONLY, PASSED AND ORDERED PUBLISHED BY TITLE ONLY this __ day of __ 2021. PUBLISHED BY TITLE ONLY the 2021.
day of
EFFECTIVE (after publication) the _ day of _ 2021. CITY OF FORT LUPTON, COLORADO Zo Stieber, Mayor
blopez@coloradocommunitymedia.com
(b) Section 14 of Article XVIII of the Colorado Constitution establishes an affirmative defense from criminal prosecution by the state for certain persons who use or provide medical marijuana to treat debilitating conditions and the Colorado Marijuana Code, C.R.S. §44-10-101, et seq., as amended, authorizes a system of state and local licensing for businesses engaged in the cultivation, testing, manufacturing, and retail sale of medical marijuana (collectively “Medical Marijuana Establishments”), which allows localities to prohibit licensing of medical marijuana establishments and to impose distance and size restrictions upon such establishments along with other requirements to ensure control of the premises and ease of enforcement.
Legal Ad No.: FLP222400
(c) The authority of the city to regulate marijuana establishments is further set forth in the Colorado Marijuana Code, Article10, Title 44, C.R.S., including its rules and regulations (1-CCR 212-3) and Part 3, Article 23, Title 31, C.R.S., (municipal zoning powers), C.R.S. § 31-15-103, (Making of Ordinances) and C.R.S. § 31-15-401, (Municipal Police Powers), C.R.S. § 31-15-501, (Municipal Authority to Regulate Businesses).
ORDINANCE NO.
Sec. 6-351. - Relationship to other laws.
ATTEST: Maricela Peña, City Clerk Approved as to form: Andy Ausmus, City Attorney
2021-1127
INTRODUCED BY: MICHAEL SANCHEZ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO AND ENACTING A NEW ARTICLE XII OF CHAPTER 6 OF THE FORT LUPTON MUNICIPAL CODE REGARDING THE REGULATIONS AND LICENSING OF REGULATED MARIJUANA WHEREAS, on November 3, 2020, the registered electors of the City of Fort Lupton approved ballot initiatives permitting for the establishment and operation of medical marijuana centers and retail marijuana stores subject to the requirements of the State of Colorado medical and retail marijuana codes and regulations and the ordinances and codes to be adopted by the City of Fort Lupton; and WHEREAS, at the same election, the registered voters approved an additional 3.1% sales tax on the sales of retail marijuana and retail marijuana products with the rate of tax being able to decrease or increase without further voter approval so long as the rate of taxation does not exceed 10%. WHEREAS, the City of Fort Lupton, Colorado (“City”) is authorized under Title 31 of the Colorado Revised Statutes to adopt and amend ordinances in furtherance of governmental administration and the City’s police powers; and WHEREAS, the Colorado Constitution specifically authorizes the City to prohibit or regulate marijuana establishments and to adopt regulations consistent with the intent of state law; and WHEREAS, The City desires to adopt a comprehensive licensing and regulatory program concerning marijuana establishments; and
Except as otherwise specifically provided herein, this article incorporates the requirements and procedures set forth in the Colorado Marijuana Code and its rules. In the event of any conflict between the provisions of this article and the provisions of the Colorado Marijuana Code, including its rules, or any other applicable state or local law, the more restrictive provision shall control. Sec. 6-352. - Definitions. (a) The following words and phrases shall mean as follows unless the context clearly indicates otherwise: Applicant means a person 21 years of age or older who has submitted an application for a license or renewal of a license issued pursuant to this Chapter. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors, and shareholders of such entity. Co-located marijuana establishment means both a licensed retail marijuana store and a medical marijuana store operating contiguously and located within the same building, and under exclusive control of the same licensee. Colorado Marijuana Code (“Colorado Marijuana Code”) shall mean Title 44, Article10, Colorado Revised Statutes (“C.R.S.”), as the same may be amended. C-1 means the C1 General Commercial District as defined by Article II of Chapter 16 of the Code. C-2 means the C-2 Heavy Commercial District as defined in Article II of Chapter 16 of the Code.
WHEREAS, the City has determined that the comprehensive licensing scheme for marijuana establishments will further the public health, safety, and welfare of the community.
Dual Operation means a regulated marijuana business that operates as both a licensed medical marijuana store and a licensed retail marijuana store in accordance with this Article.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO, THAT:
Financier means any person who lends money or otherwise provides assets to any person applying for a license under this Article. If a financier is an entity rather than an individual, the same disclosure, shall be required for each entity with an ownership interest until a managing member that is a natural person is identified. Financier shall not include a bank, savings and loan association, credit union, or industrial bank supervised and regulated by an agency of the state or federal government, or any person in the business of leasing equipment or marijuana business for which the rental amount does not include any percentage of the business or its profits.
Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as finding of the City Council. Section 2. Enactment of Article XII of Chapter 6 of the Municipal Code. A new Article XII of Chapter 6 of the Fort Lupton Municipal Code is hereby enacted to read in full as follows: Article XII –Regulated Marijuana Establishments Sections: 6-350 6-351 6-352 6-353 6-354 6-355 6-356 6-357 6-358 6-359 6-360 6-361 6-362 6-363 6-364 6-365 6-366 tion 6-367 6-368 6-369
Legislative intent and authority Relationship to other laws Definitions Prohibited marijuana license types License/bond requirements Application Co-location Licensing process Local licensing authority Issuance of license; duration, renewal Annual operating and administrative fees Location, operational restrictions and requirements, marijuana stores Inspection of books, records, and licensed premises Transfer of Ownership Change of Corporate Structure Unlawful acts of licensees and persons Nonrenewal, suspension or revocaof license Violations and penalties No city liability; indemnification Other laws remain applicable
Sec. 6-350. - Legislative intent and authority. (a) Section 16 of Article XVIII of the Colorado Constitution (“Amendment 64”) authorizes a system of state licensing for businesses engaged in the cultivation, testing, manufacturing, and retail sale of marijuana (collectively “Retail Marijuana Establishments”). Subsection 16(5) (f) of Article XVIII allows localities to prohibit retail marijuana establishments and to license them subject to the time, place, and manner in which such establishments may operate and to limit the total number of such establishments.
Financial Interest means any ownership interest. Good Cause purpose of denying, refusing to renew, suspending, or revoking a license, or exercising other discretionary authority granted the local licensing authority means 1. The applicant or licensee has violated, does not meet, or has failed to comply with any of the terms, requirements, conditions, or provisions of this Article, the Colorado Marijuana Code, its rules, or any applicable state or local law, rule, or regulation. 2. The local licensing authority has determined that the applicant or licensee’s character record, or reputation is not satisfactory after consideration of factors, which include without limitation the following: a. The applicant or licensee has knowingly submitted false application(s), made willful misrepresentations, or knowingly committed fraudulent acts; b. The applicant or licensee has a criminal history of crimes of moral turpitude, which may include without limitation murder, burglary, robbery, arson, kidnapping, sexual assault, and illegal drugs or narcotics convictions; c. The applicant or licensee has any previous retail or medical marijuana license denied or revoked as a result of a law, rule, or regulation, or finding of bad moral character by any licensing authority; d. The applicant or licensee has been found to be currently delinquent in the payment of any state or local taxes e. The applicant or licensee has established a pattern of multiple statutory violations which resulted in the revocation or denial of any other professional license, leading to the finding of bad moral character by any licensing authority; or
f. The licensed premises has been operated in a manner that adversely affects the public health, safety, or welfare. Evidence to support such a finding may include without limitation a continuing pattern of disorderly conduct or drug related criminal conduct upon or in the immediate vicinity of the premises, continuing pattern of criminal conduct directly related to or arising from the operation of the regulated marijuana establishment, or ongoing nuisance condition emanating from or caused by the regulated marijuana establishment. 3. The applicant or licensee has failed to comply with any special terms or conditions of a license, including without limitation those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any renewal or suspension proceedings held subsequent to the date of issuance of the license; or 4. The licensed premises has been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the licensed business is located. Evidence to support such a finding can include without limitation a pattern of disorderly conduct or continuing pattern of drug related criminal conduct within the business. I-1 means the Light Industrial District as defined in Article II of Chapter 16 of the Code. I-2 means the Heavy Industrial District as defined in Article II of Chapter 16 of the Code. Local Licensing Authority (“Authority”) shall mean the City of Fort Lupton City Council. Marijuana means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oils, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. Marijuana business means any of the following entities licensed pursuant to the Colorado Marijuana Code: A medical or retail marijuana store, a medical or retail marijuana cultivation facility, a medical or retail marijuana products manufacturer, a medical or retail marijuana testing facility, a marijuana research and development licensee, a medical or retail marijuana business operator, a medical or retail marijuana transporter, or a medical or retail marijuana business operator. Medical marijuana code rules (“Rules”) means the permanent rules pertaining to the Colorado Marijuana Code adopted by the Colorado Department of Revenue, Marijuana Division, 1 CCR 212-3 as may be amended from time to time. Medical marijuana cultivation facility means a person licensed pursuant to Title 44, Article 10 to operate a business as described in C.R.S. § 44-10-502. Medical marijuana product means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. Medical marijuana products manufacturer means a person licensed pursuant to C.R.S. § 44-10-101 et. seq. to operate a business as described in section C.R.S. § 44-10-503. Medical marijuana store means a person licensed pursuant to the Colorado Marijuana Code to operate a business that sells medical marijuana to registered patients or primary caregivers, but is not a primary caregiver. Medical marijuana testing facility means an entity licensed to analyze and certify the safety and potency of medical marijuana. Medical marijuana transporter means an entity or person licensed to transport medical marijuana and medical marijuana-infused products from one medical marijuana establishment to another medical marijuana establishment and to temporarily store the transported medical marijuana and medical marijuana-infused products at its licensed premises, but is not authorized to sell medical marijuana or medical marijuana-infused products under any circumstances. Parks means any public land that has been designated or used for any park, open space or recreational uses or activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball court, tennis court, bike or pedestrian path, open space, wilderness area or similar land within the City. PUD means the Planned Unit Development District as defined in Article II of Chapter 16 of the Code. Residential District means the R-1, R-1A, R-2, R-3, M-H, and R-O Districts as defined in Article II of Chapter 16 of the code. Retail marijuana accelerator cultivator means a social equity licensee who exercises the privileges of a retail marijuana cultivation facility license on the premises of an accelerator-endorsed retail marijuana cultivation facility. They may receive technical assistance and financial support from the retail marijuana cultivation facility licensee with an accelerator endorsement. Retail marijuana means marijuana that is culti-
vated, manufactured, distributed, or sold by a licensed retail marijuana establishment.
Retail marijuana accelerator manufacturer means a social equity licensee who exercises the privileges of a retail marijuana products manufacturer license on the premises of an accelerator-endorsed retail marijuana products manufacturer. They may receive technical assistance and financial support from the retail marijuana products manufacturer licensee with an accelerator endorsement.
Retail marijuana accelerator store means a social equity licensee who exercises the privileges of a retail marijuana store license on the premises of an accelerator-endorsed retail marijuana store. They may receive technical assistance and financial support from the retail marijuana store licensee with an accelerator endorsement.
Retail marijuana business operator means a person who is licensed to operate a licensed retail marijuana business for an owner and who may receive a portion of the profits as compensation. Retail marijuana cultivation facility means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to retail marijuana product manufacturing facilities, and to other retail marijuana cultivation facilities, but not to consumers. Retail marijuana establishment means a retail marijuana business that has a license from the State of Colorado and the city to operate.
Retail marijuana hospitality means a business license authorizing the licensee to operate a licensed premise in which marijuana may be consumed. Retail marijuana hospitality and sales means a licensee authorized to operate a licensed premise in which marijuana may be sold and consumed. Retail marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
Retail marijuana products manufacturing facility means an entity licensed to purchase marijuana, manufacture, prepare, and package retail marijuana products, and sell marijuana and retail marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and sell marijuana and marijuana products to consumers.
Retail marijuana testing facility means an entity licensed to analyze and certify the safety and potency of retail marijuana.
Retail marijuana transporter means an entity or a person that is licensed to transport retail marijuana and retail marijuana products from one retail marijuana establishment to another retail marijuana establishment and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, but is not authorized to sell, give away, buy, or receive complimentary retail marijuana and retail marijuana products under any circumstances. A retail marijuana transporter does not include a licensee that transports and distributes its own retail marijuana or retail marijuana products.
School means a public or private preschool or a public or private elementary, middle, junior high or high school or institution of higher education. (b) In addition to the definitions set forth herein, the terms used in this article shall have the meaning ascribed to them in Article XVIII, Section 16 of the Colorado Constitution, the Colorado Marijuana Code, including its rules. Sec. 6-353. – Prohibited marijuana license types.
Except as to marijuana stores as permitted herein by this article, it shall be unlawful for any person to operate, cause to be operated, or permit to be operated a marijuana cultivation facility, products manufacturer, testing facility, transporters, business operators, research and development facility, and deliveries. Sec. 6-354. - License/bond requirements. (a) It shall be unlawful for any person to operate a marijuana store without obtaining a license to operate such business in accordance with the requirements of this article. (b) The license requirement set forth in this article shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other state, or local law, rules or regulations, including, by way of example, the Colorado Marijuana Code, its rules, and any applicable local licensing, zoning or building code.
(c) All marijuana stores which sell at retail, in addition to being required to obtain a city sales tax license, must as a condition of licensing, procure, maintain, and file with the city’s finance department evidence of a good and sufficient bond in the amount of five thousand dollars ($5,000.00) with a corporate surety duly licensed to do business in the State of Colorado, approved as to form by the city and conditioned upon the applicant’s reporting and payment of all city sales and use taxes required by law. In lieu of a surety bond an
Fort Lupton Press September 15, 2021 * 1
Fort Lupton Press 27
September 15, 2021
Public Notices applicant may submit a letter of credit in a form acceptable to the city or a cash bond.
tion” provided they meet the requirements of the Colorado Marijuana Code and this Code.
(d) A separate license shall be required for each specific business or business entity and for each geographical location.
Sec. 6-357 Licensing process.
Sec. 6-355. - Application. (a) Prior to submitting an application for a local license, an applicant must obtain an approved zoning verification form from the Planning and Development Department which, based upon an applicant’s submittal of an area map drawn to scale, demonstrates that the proposed marijuana establishment is in compliance with the location restrictions set forth in this article. Applicants shall submit the approved zoning verification form to the city clerk along with completed State Marijuana Enforcement Division forms, and all supplemental information required by the city. (b) The applicant shall also provide the following information to the city, which information shall be required for the applicant and, as applicable, the proposed manager of the marijuana store, and all persons having any financial interest in the marijuana store. To the extent that any of the following information has been included with the applicant’s state license application, it may provide copies of such documents to the local licensing authority. (1) Proof of insurance of workers’ compensation insurance and public liability insurance, which at a minimum meets the current maximum liability amounts for injury to any single person, or for any injury to two (2) or more persons in any such occurrence, as set forth in the Colorado Governmental Immunity Act (C.R.S. § 24-10-114), as same may be amended. (2) Proof of lawful possession of the premises to be licensed, which proof may include, for example, property executed deeds of trust, leases or other written documentation acceptable to the licensing authority. (3) If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a regulated marijuana establishment and authorizing the City to enter the property for inspections of the proposed licensed premises on a form approved by the City. (4) An operating plan for the proposed marijuana store, including the following information: (a) A description of the products and services to be provided by the marijuana store. (b) A dimensional floor plan, drawn to scale, clearly labeled, and showing: (1) The layout of the structure and the floor plan in which the marijuana store is to be located; (2) The principal uses of the floor area depicted on the floor plan, including, but not limited to, the areas where the public will be permitted and all private, storage, retail, and restricted areas where marijuana will be located; (3) Areas where any services other than the distribution of marijuana are proposed to occur in the premises. (5) A plan for disposal of any marijuana waste product that is not sold in a manner that protects any portion thereof from being possessed or ingested by any person or animal. (6) A plan for ventilation of the marijuana store that fully describes the ventilation systems that will ensure the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the marijuana store or at any adjoining property. (7) Fingerprints and personal background information for all owners, managers, and financiers employed by or under contract to provide services to the marijuana store, directly, or as a member, partner, or officer of a corporation, partnership, association, or company. (8) All applications must include all documents and information required by the Colorado Marijuana Code, including its rules and any information that the city deems reasonably necessary for the investigation and review of the application. (c) No application shall be considered which is not complete in every detail in the opinion of the city clerk. Incomplete applications may be returned to the applicant for completion or correction without any further action. It is the applicant’s responsibility to ensure the application and all supplemental materials are submitted in a timely manner. (d) Upon receipt of a complete application, the city clerk shall notify all affected departments of the city to determine whether the application is in full compliance with all state and local laws, rules and regulations. The city clerk, upon review of all applicable information, shall prepare a report including all applicable documents to be submitted to the local licensing authority. (e) In the event the criminal history of an owner, member, manager, financier, or other person named on the application contains information regarding conviction of a crime or previous denial or revocation of any medical or retail marijuana or professional license, that person may include with the license application any information regarding such conviction, denial, or revocation. Such information may include, but is not limited to, evidence of rehabilitation, character references, and educational achievements, especially documentation pertaining to the period of time between the applicant’s last criminal conviction and the date of the application. (f) Any application or renewal for a marijuana store license shall include, as applicable, payment of a nonrefundable application, or renewal fee, and payment of an annual operating fee. If a license is not granted, the operating fee is refundable in full. All such fees shall be established by resolution of city council. (g) A license issued pursuant to this article does not eliminate the need for the licensee to obtain other required permits or licenses related to the operation of the marijuana store, including, without limitation, any State of Colorado license or any sales tax license, business registration, development approvals, or building permits required by the code. Sec. 6-356 Co-location. A licensee may operate both a medical marijuana store and a retail marijuana store as a “dual opera-
(a) Applications for new retail marijuana stores filed alone or concurrently with medical marijuana stores pursuant to this article shall be awarded via a three-phase process: initial review to ensure completeness of application and compliance with state and local requirements, a public random lottery to determine which applicants will be awarded the opportunity for approval of a license. Only one application per site will be allowed, unless the applicant is applying as a dual-operational licensee. Initial Review. The city clerk will post notice of license availability on the city’s website and in a local newspaper of general circulation opening a 30-day application period for filing and acceptance of new applications. The city clerk will specify the start and end date and time of the application period. Upon receipt by the city clerk of an application for a license under this article, the city clerk or designee shall (1) Verify the application is complete, pursuant to Section 6-355; and (2) Screen the application for automatic grounds for denial set forth in Section 6-352(a). (b) Lottery. The applications identified by the city clerk as meeting or exceeding the criteria required by this article shall be entered into a lottery process. A public random lottery will be conducted from among the qualified applications to determine which applications will be awarded the opportunity for approval of a license. (1) Public notice. The clerk shall publish notice of the public lottery not less than ten (10) days prior to the lottery and publish in the newspaper of general circulation in the City. (2) Conduct of the lottery. The local licensing authority shall conduct a drawing from among the qualified applicants, in a public forum, to determine which applicants shall be awarded the opportunity to obtain a license. The local licensing authority shall use a process by which the names of the applicants are shielded from view, and through which each qualified applicant has an equal chance of being selected. (c) Public Hearing. The public hearing procedure shall apply to application for licensing of any regulated marijuana business and to any application for licensing renewal if the renewal application is referred to the authority by the city clerk. (1) Public notice of the hearing shall be given by posting a sign by the applicant on the premises for which an application has been made, not less than 10 days prior to the public hearing, stating the date of the application, the date of the hearing, the name and address of the applicant and such information as may be required to fully apprise the public of the nature of the application. The city clerk shall provide the sign to the applicant for posting. If the building in which the regulated marijuana business is to be located is in existence at the time of the application, any sign posted shall be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice is conspicuous and plainly visible to the general public. (2) Publication of notice by the city clerk not less than 10 days prior to the public hearing in a newspaper of general circulation. Notice given by publication shall contain the same information that is required for posting of signs in subsection (c) of this section. (3) At the public hearing, the Authority: (A) Must make a finding and determination as to the good moral character of the applicant (B) May deny the application to license any regulated marijuana business in the same location where any regulated marijuana business is or has been previously licensed if there is evidence that the previously licensed premise was operated in a manner that adversely affects the public health, welfare or safety of the residents of the city. (C) May allow any party in interest to present evidence relevant to the issuance of a license. The term party in interest means the applicant, an adult inhabitant, business owner or manager within the 1,500 foot radius of the proposed licensed premises. The Authority, in its discretion, may limit the presentation of evidence so as to prevent repetitive and cumulative evidence of examination. (D) Shall consider the facts and evidence adduced as a result of its investigation, as well as any other facts, and any other pertinent matters affecting the qualifications of the application for the conduct of the business proposed. (4) No more than 30 days after the date of the hearing, the city clerk shall make known, in writing to the applicant the Authority’s findings based upon its investigation. The Authority may approve a regulated marijuana business license with specific conditions. The Authority may issue a regulated marijuana business license if the inspection, background checks, and all other information available to the city verify that the applicant is in compliance with this code and any other applicable law, rule, or regulation. (5) The Authority may refuse to issue a regulated marijuana business license if the application does not meet the requirements of this chapter or any other applicable law, rule, or regulation, or contains false or incomplete information. (6) The Authority may refuse to issue a regulated marijuana business for good cause, as defined Section 6-352, subject to judicial review. Sec. 6-358. - Local licensing authority. The City Council shall serve as the local licensing authority and have and exercise all powers expressly granted and necessarily implied by the Colorado Marijuana Code, its rules, and as set forth in this article to regulate marijuana stores within the city. The local licensing authority shall be responsible for all local duties and responsibilities, including but not limited to, the issuance, renewal, suspension, revocation, transfer of ownership, and change of location of a marijuana store.
(a) The local licensing authority shall have the power to promulgate rules and regulations as are reasonable and necessary to implement and administer the requirements of this article. (b) The local licensing authority may, after notice and hearing, suspend, revoke, or refuse to renew a license for “good cause.” The local licensing authority is authorized to adopt rules and procedures governing the conduct of such hearings. No portion of any application or operating fees previously paid shall be refunded in the event of any suspension or revocation of a license. Sec. 6-359. - Issuance of license; duration, renewal. (a) Each license shall show the name of the licensee, the physical address for which the license is issued, and the type of marijuana establishment for which it is issued. The license, along with the city sales tax license and the current contact information for the owner(s), shall be displayed continuously in a conspicuous location at the physical address indicated on the license. (b) Each license issued pursuant to this article shall be valid for one (1) year from the date of issuance and may be renewed only as provided in this article. All renewals of a license shall be for no more than one (1) year. The local licensing authority shall act on renewal applications in accordance with the applicable provisions of the Colorado Marijuana Code and its rules. The timely filing of a renewal application shall extend the current license until a decision is made on the renewal. (c) A local license, which shall only be applicable to a specifically identified business at a fixed location within an enclosed and secure premises, shall not be issued until a state license has been granted, appropriate land use process, if required, has been approved and the building in which the store’s business is to be conducted has passed all applicable inspections and is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with any applicable provisions of the code or any state law, rule, or regulation. Sec. 6-360. - Annual operating and administrative fees. In addition to application, renewal and an annual operating fee, the city shall impose administrative fees for services, which include the transfer of ownership, background investigations, change of business manager, modification of premises, change of location, change of corporate structure, change of financier, zoning verification, duplicate license, temporary permit, change of trade name, change of class of license, with all such fees to be established by resolution of city council. Sec. 6-361. - Location, operational restrictions and requirements, marijuana stores. (a) Marijuana stores are permitted only within the following zoning districts: the C-1 General Commercial District, C-2 Heavy Commercial District, I-1 Light Industrial Zone District, I-2 Heavy Industrial Zone District and PUD Planned Unit Development District, which specifically permits marijuana stores, and upon obtaining all land use approvals necessary for such use. (b) Marijuana stores will not be permitted if, at the time of application for such license, such location is: (1) Within or immediately adjacent to any Residential District, which includes R-1 Residential District – Low Density, R-1A Residential District – Low Density, R-2 Residential District Medium Density, R-3 Residential District – High Density, M-H Mobile Home Community District, R-O Residential and Office District, and PUD Planned Unit Development District, which exclusively permits residential land uses; (2) Within: Beginning at the west side of the Union Pacific Railroad right-of-way and 1st Street, thence north to 9th Street, thence west to the alley between Park Avenue and McKinley Avenue, thence south to 1st Street, thence east to the west side of the Union Pacific Railroad right-of-way; (3) Within one thousand (1,000) feet of: a. Any school, b. Any child care center, c. Any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation center; (4) Within five hundred (500) feet of: a. Any park with playground equipment; (c) The distance restrictions described above shall be computed by direct measurement from the nearest property line of the parcel of land on which the protected use is located to the nearest portion of the building or unit in which the proposed marijuana store would be located, using a route of direct pedestrian access. (1) The distance regulations described above shall not be applicable to the renewal of a license once granted. (2) A previously licensed marijuana store that seeks to change locations and applies for and receives a marijuana store license is subject to the location requirements above. (d) The maximum number of licensed marijuana locations within the city shall not exceed four (4). This includes co-located medical and retail stores. (e) All marijuana stores shall affix labels to all receptacles on the licensed premise that contain marijuana or marijuana products which labels shall clearly display potency profiles and contaminant results from a licensed marijuana testing facility. (f) Business conducted within building. Any and all distribution, possession, storage, display, sales, or other distribution of marijuana shall occur only within the restricted area of a marijuana store and shall not be visible from the exterior of the store. (g) Manager registration requirements. The manager of a marijuana store shall register with the state and the local licensing authority. Whenever a person ceases to be a registered manager of a marijuana store, the marijuana licensee shall notify the licensing authorities within five (5) days and shall designate a new registered manager within thirty (30) days. Either the state or the local licensing authority may refuse to accept any person as a registered manager unless the person is satisfactory to the respective licensing authorities as to character, record, and reputation. In determining a registered manager’s character,
record, and reputation, the state or local licensing authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. (h) Hours of operation. A marijuana store shall be closed to the public, and no sale or other distribution of marijuana shall occur upon the premises between the hours of 10:00 p.m., thru and including 8:00 a.m. (I) Use of pesticides. No pesticides or insecticides that are prohibited by applicable law for fertilization or production of edible produce shall be used on any marijuana produced or distributed by a marijuana store. A marijuana store shall comply with all applicable laws regarding use of pesticides. (j) Ventilation required. A marijuana store shall be ventilated to ensure the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the marijuana store or at any adjoining property. (k) Wastewater requirements. All marijuana stores shall be operated in such a manner as to not permit, allow, or cause to be discharged any substance or material prohibited by the city into or upon any watercourse or city reclamation conduit, facility, or plant. (l) Storage prohibitions of marijuana and marijuana product prohibited. No regulated marijuana establishment may store marijuana or any marijuana product in any off-premises storage facility located within the city nor may any retail marijuana transporter store any marijuana or marijuana product within the city. (m) Reporting requirements. A marijuana store shall report to the local licensing authority each of the following events within the time specified. If no time is specified, the report shall be provided within seventy-two (72) hours of the event. (1) Transfer or change of financial interest, business manager, or financier in the license to the city at least thirty (30) days before the transfer or change. (2) Taxable transactions and sales and use tax reports and remits to the city monthly. (3) A violation of any law by any licensee or applicant of a marijuana business. (4) Each licensee shall post and keep at all times visible to the public, in a conspicuous place on the premises, a sign to be furnished by the city clerk’s office, which sign shall be in the following form: “WARNING: THE FORT LUPTON POLICE DEPARTMENT MUST BE NOTIFIED IMMEDIATELY OF ALL UNLAWFUL ACTS AND DISTURBANCES IN THIS ESTABLISHMENT.” Licensees’ shall immediately report to the police department any unlawful act, conduct, or disturbance committed upon the premises. (n) Respond to inquiry. An owner or manager of a marijuana store is required to respond by phone or email within twenty-four (24) hours of contact by a city official concerning its marijuana store at the phone number or email address provided to the city as the contact for the business. Each twenty-four-hour period during which an owner or manager does not respond to the city official shall be considered a separate violation. (o) Signs and advertising. In addition to the items listed, all licensees shall comply with all city ordinances regulating signs. (1) Any person or premises licensed as a retail marijuana store shall comply with all city ordinances regulating signs and advertising. In addition, no licensed retail marijuana store shall use any advertising material that is misleading, deceptive, false, or that, as evidenced either by the content of the advertising material or the medium or the manner in which the advertising is disseminated, is designed to appeal to persons under twenty-one (21) years of age. (2) Except as otherwise provided in this subsection (2), it shall be unlawful for any person licensed under this article or any other person to advertise any retail marijuana or retail marijuana product anywhere in the city where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place, including advertising utilizing any of the following media: any billboard or other outdoor general advertising device as defined by the zoning code; any sign mounted on a vehicle, any hand-held or other portable sign; or any handbill, leaflet or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property without the consent of the property owner. The prohibition set forth in this section shall not apply to: (A) Any sign located on the same zone lot as a retail marijuana store which exists solely for the purpose of identifying the location of the retail marijuana store and which otherwise complies with the city’s zoning requirements and any other applicable city laws and regulations; or (B) Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the city; or (C) Advertising which is purely incidental to sponsorship of a charitable event by a retail marijuana establishment. (3) For purposes of this subsection(s), the terms “advertise,” “advertising,” or “advertisement,” means the act of drawing the public’s attention to a retail marijuana establishment in order to promote the sale of retail marijuana goods or products by the establishment. Sec. 6-362. - Inspection of books, records, and licensed premises. (a) Each licensee shall keep a complete set of all records necessary to show fully the business transactions of the licensee, all of which shall be open at all times during business hours for the inspection and examination by the local licensing authority, its duly authorized representatives, and the City’s Public Safety Department for the purposes of investigating and determining compliance with the provisions of this article and any other applicable state and local laws or regulations. The local licensing authority may require any licensee to furnish such information as it considers necessary for the proper administration of this article. It may also require an audit to be made of the books of accounts and records on such occasions
as it may consider necessary by an auditor to be selected by the local licensing authority, who shall likewise have access to all books and records of the licensee. (b) The licensed premises, including any places of storage retail marijuana or marijuana products are stored, manufactured, packaged, cultivated, processed, displayed, sold, or dispensed, shall be subject to inspection by the local licensing authority, its duly authorized representatives, and the City’s Public Safety Department during all business hours and other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by the licensees, access shall be required during business hours. Where any part of the licensed premises consists of a locked area, upon demand to the licensee by the local licensing authority or any other authorized city personnel, such area shall be made available for inspection without delay. (c) Each licensee shall retain all books and records necessary to show fully the business transactions of the licensee for a period of the current tax year and the three (3) immediately prior tax years. Sec. 6-363. – Transfer of ownership.
(a) A retail marijuana business license, or colocated retail and medical marijuana business license is not transferable or assignable, in whole or in part, including, without limitation, to a different premises, to a different type of business, or to a different owner or licensee. A retail marijuana business license, or co-located retail and medical marijuana business license is valid only for the owner named thereon, the type of business disclosed on the application for the license and the location for which the license issued. The licensee of a retail marijuana business or co-located retail and medical marijuana business are only those persons disclosed in the application or subsequently disclosed to the city in accordance with this chapter. A transfer of a licensed retail marijuana business or co-located retail and medical marijuana business shall be permitted in the following circumstances: (1) The new owner and all licensees of the business have submitted completed applications and passed a background check by the city;
(2) The new owner is not making any changes to any of the plans or conditions that are part of the license; and
(3) The license transfer is an arms-length third party transaction to one hundred percent new owners and managers.
(b) Full transfer or partial transfer of ownership of any retail marijuana or co-located retail and medical marijuana license issued pursuant to this chapter shall be governed by the standards and procedures set forth in the Colorado Marijuana Code and any regulations adopted pursuant thereto and the Authority shall administer transfers of local licenses in the same manner as the state licensing authority administers transfers of state licenses. The public hearing requirement set forth in Section 6-357 of this Chapter shall apply to all applications for full or partial transfer of ownership of any retail marijuana or co-located retail and medical marijuana business license.
(c) The submission or pendency of an application for full or partial transfer of ownership does not relieve the license holder from the obligation to properly apply to renew such license in accordance with Section 6-359 of this chapter. Sec. 6-364. – Change of Corporate Structure.
A change of corporate structure of any retail marijuana or co-located retail and medical marijuana business that results in any of the changes in subsection (a) through (c) below shall require the filing of an application and payment of the requisite fees and shall be subject to all requirements of the post-award licensing process. A change of corporate structure shall be heard and approved or denied by the Authority.
(a) Any transfer or assignment of ten percent or more of the capital stock of any corporation, or ten percent or more of the ownership interests of any limited partnership interest in any year, or transfer of a controlling interest regardless of size. (b) Any change of officer or directors of a corporation that involves the addition or substitution of individual(s) who was not previously an officer or director of the corporation during a period of time that the corporation held the license.
(c) Any transfer of the capital stock of any corporation, or transfer of any limited partnership interest in any general partnership of a limited partnership, or transfer of any limited liability company interest in a limited liability company of any kind, joint venture or business entity that results in any individual owning more than ten percent of an ownership interest in the business entity if that individual’s ownership interest did not exceed ten percent prior to the transfer.
(d) A change of corporate structure that results in any transfer or assignment of less than ten percent of the capital stock of any corporation or less than ten percent of the ownership interests of any limited partnership interest in any year to a person who currently has an interest in the business, and that does not result in a change of controlling interest, shall not require and application for change of corporate structure.
(e) No application for transfer of ownership or change in corporate structure may be approved by the Authority until all city and state occupational taxes, city and state sales and use taxes, excise taxes, any fines, penalties, and interest assessed against or imposed upon such licensee in relation to operation of the licensed business are paid in full.
(f) In determining whether to permit a transfer of ownership, the Authority may consider the requirements of state statute and the Colorado Marijuana Rules. In addition, no application for transfer of ownership will be considered by the Authority if, at the time of such application, the licensee is under a notice of violation or other unlawful acts issued by either the Authority or the state licensing authority. (g) A licensee of a license issued pursuant to this Chapter shall report each transfer or change of financial interest in the license and/or the licensee to the Authority prior to any such transfer or change
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Public Notices pursuant to and in accordance with the provisions of state statutes and the Colorado Marijuana Rules. A report shall be required for transfer of capital stock of any corporation regardless of the size, for transfers of member interests of any limited liability company regardless of size, and for any transfer of an interest in a partnership or other entity or association regardless of size. Sec. 6-365. - Unlawful acts of licensees and persons. (a) It shall be unlawful for any licensee to: (1) Violate or fail to comply with any provision, term, condition, or requirement of the Colorado Marijuana Code, including its rules. (2) Allow marijuana or marijuana products to be consumed upon its licensed premises. (3) Use advertising material that is misleading, deceptive, false, or designed to appeal to persons under twenty-one (21) years of age. (4) Sell marijuana or marijuana products to a person under twenty-one (21) years of age or to a person who does not present a government-issued identification at the time of purchase. (5) Refuse to allow inspection of a marijuana store upon request of an authorized city employee. Any licensee, owner, business manager, operator of a marijuana store, or owner of the property where a marijuana store is located may be charged with violation of this requirement. (6) Advertise or publish materials or display signs that are in violation of this article. (7) Violate any provision of this article or any condition of an approval granted pursuant to this article, or any law, rule, or regulation applicable to the use of retail marijuana or the operation of a retail marijuana store. (8) Distribute marijuana or marijuana product within a marijuana store to any person who shows visible signs of intoxication from alcohol, marijuana, or other drugs. (9) No marijuana store or marijuana transporter may store marijuana or marijuana-infused products in any off-premises storage facility located within the city. (b) It shall be unlawful for any person to engage in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, testing, or consumption of marijuana other than those forms of business and commerce that are expressly permitted by Section 14 of Article XVIII of the Colorado Constitutions, Section 16 of Article XVIII of the Colorado Constitution, the Colorado Marijuana Code including its rules, and this article, which permits only marijuana stores. Sec. 6-366. – Nonrenewal, suspension or revocation of license. (a) The Authority may, after notice and hearing, suspend, revoke or refuse to renew a license for any of the following reasons: (1) The applicant or licensee, or his or her agent, manager or employee, or financier has violated, does not meet, or has failed to comply with, any of the terms, requirements, conditions or provisions of this Chapter or with or with any applicable state or local law or regulation. (2) The applicant or licensee, or his or her agent, manager or employee, or financier has failed to comply with any special terms or conditions of its license pursuant to an order of the state or the Authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the license. (3) The retail marijuana or co-located retail and medical marijuana business has been operated in a manner that adversely affects the public health, safety or welfare. (4) Misrepresentation or omission of any material fact, or false or misleading information, on the application or any amendment thereto, or any other information provided to the City related to the retail marijuana or co-located retail and medical marijuana business; (5) Violation of any law by which, if occurring prior to submittal of the application, could have been cause for denial of the license application. (6) Distribution of retail marijuana and/or medical, marijuana including, without limitation, in violation of this Chapter or any other applicable law, rule, or regulation. (7) failure to maintain, or provide to the City upon request, any books, recordings, reports, or other records required by this Chapter. (8) Failure to timely notify the City and to complete necessary forms for changes in financial interest, controlling interest, financier, or agent. (9) Temporary or permanent closure, or other sanction of the business, by the city, or by the county or state public health department or other governmental entity with jurisdiction, for failure to comply with health and safety provisions of this Chapter or otherwise applicable to the business or any other applicable law. (10) Revocation or suspension of another retail marijuana business or any other license issued by the city, the State, or any other jurisdiction held by any licensee of the retail marijuana or co-located retail and medical marijuana business. (11) Failure to timely correct any violation of any law or comply with any order to correct a violation of any law within the time stated in the notice or order. (b) Evidence to support a finding under subsection (a) above may include, without limitation, one or a combination of the following; (1) a continuing pattern of disorderly conduct; (2) a continuing pattern of drug-related criminal conduct within the premises of the retail marijuana or co-located retail and medical marijuana business or in the immediate area surrounding such business; (3) a continuing pattern of criminal conduct directly related to or arising from the operation of the retail marijuana or co-located retail and medical marijuana business; or (4) An ongoing nuisance condition emanating from or caused by the retail marijuana or co-located retail and medical marijuana business. (5) Criminal conduct shall be limited to the violation of a state or city law or regulation. (c) In the event a business or licensee is charged with violation of any law, upon which a final judgment would be grounds for suspension or revocation of the license, the city may suspend the license pending the resolution of the alleged violation. (d) If the city revokes or suspends a license, the business may not move any marijuana from the
premises except under the supervision of the Fort Lupton Public Safety Department. (e) The Authority shall conduct a review of all licenses at least annually and, in addition to examining the factors enumerated in this subsection, may hold a hearing on each license at which the general public shall be invited to appear and provide testimony as to the effects of the license on the surrounding community and the city at large, and the Authority may take such views into consideration when deciding whether to continue or renew such license. (f) In the event of the suspension of a marijuana business license, during the period of suspension, the business: 1. Shall post two notices provided by the Authority, in conspicuous places, one on the exterior and one on the interior of its premises for the duration of the suspension; and 2. Shall not distribute or produce or test or transport marijuana, nor allow any customers into the licensed premises. Sec. 6-367. Violations and penalties. (a) The Authority shall hear all actions relating to the suspension or revocation of licenses pursuant to this Chapter. The Authority shall have the authority to impose remedial sanctions for violations as well as suspend or revoke the license in its entirety. (b) In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this Chapter, any person, including but not limited to, any licensee, manager or employee of a retail marijuana or co-located retail and medical marijuana business, or any customer of such business, who violates any of the provisions if this Chapter, shall be guilty of a misdemeanor offense punishable in accordance with Section 1-72 and 10-289 of this Code. A person committing a violation shall be guilty of a separate offense for each and every day during which the offense is committed or continued to be permitted by such person and shall be punished accordingly. (c) The city shall commence suspension or revocation proceedings by petitioning the Authority to issue an order to the licensee to show cause that the licensee’s license(s) should not be suspended or revoked. The Authority shall issue such an order to show cause if the petition demonstrates that evidence exists to determine that one or more grounds exist to suspend or revoke the licensee’s license(s). The order to show cause shall set the matter for a public hearing before the authority. (d) The city clerk shall give written notice of the public hearing no later than ten days prior to the hearing by mailing, either electronically or by first class mail, the notice to the licensee at the address contained in the licensee’s license. At the hearing, the licensee shall have the opportunity to be heard, to present evidence and witnesses, and to cross examine witnesses presented by the city. The Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing that the Authority is authorized to conduct. The standard of proof at such hearings shall be a preponderance of the evidence. The burden of proof shall be upon the city. The Authority shall be permitted to accept any evidence that they find to be relevant to show cause proceeding. (e) The following shall be grounds for suspension or revocation of the licensee’s license(s): (1) A violation by a licensee or licensee’s officers, agents, or employees of any of the provisions of this Chapter, or any laws of the city or the State of Colorado relating to the sale of marijuana products. (2) Violations of any conditions imposed in connection with the issuance or renewal of the license. (3) Failure to pay state or local taxes related to the operation of the business associated with the license. (4) Loss of right of possession to the licensed premises. (5) Fraud, misrepresentation, or a false statement of material fact contained in the original or renewal license application or communication with the city. (6) The licensee, or any of the agents or employees of the licensee, have committed any unlawful act as described in this Chapter or violated any ordinance of the city or any state law on the premises or have permitted such a violation on the premises by any other person. (7) The odor of marijuana is perceptible to an ordinary person at the exterior of the building at the licensed premises or is perceptible within any space adjoining the licensed premises. (f) If the Authority finds that a violation has occurred, the Authority may: (1) Revoke the license for any period up to and including permanent revocation; (2) Suspend the license for any period of time;
to violations of this Chapter, and that all sales of marijuana products are prohibited for the period of the suspension. The signage shall be prominently displayed at all entrances on the premises for the entirety of the suspension or revocation. (j) When a license has been revoked, no new license shall be issued to the same licensee for the period of one year after the revocation. (k) All licensees are assumed to be fully aware of the law and the city shall not therefore be required to issue warnings before issuing citations for violations of this Chapter. Sec. 6-368. - No city liability; indemnification. (a) By accepting a license issued pursuant to this article, the licensee waives and releases the city, its officers, elected and appointed officials, employees, attorneys, agents, and authorized volunteers from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the owners, operators, employees, clients, or customers of the retail marijuana store for a violation of state or federal laws, rules, and regulations. (b) By accepting a license issued pursuant to this article, all licensees, jointly and severally, if more than one, agree to indemnify, defend, and hold harmless the city, its officers, elected and appointed officials, employees, attorneys, agents, authorized volunteers, insurers, and self-insurance pool, against all liability, claims, and demands on account of any injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the retail marijuana store that is the subject of the license. Sec. 6-369. - Other laws remain applicable. (a) Except as specifically provided herein, to the extent the state adopts any additional or stricter law, rule or regulation, governing the sale, transportation, manufacture, cultivation, processing, packaging, displaying, testing, or distribution of retail marijuana or retail marijuana products, the additional or stricter regulation shall control the operation of any retail marijuana establishment in the city. Compliance with any applicable state law, rule or regulation shall be deemed an additional requirement for issuance, renewal or denial of any license or operation of any establishment under this article, and noncompliance with any applicable state law or regulation shall be grounds for nonrenewal, revocation, or suspension of any license issued hereunder. (b) Any licensee may be required to demonstrate, upon demand by the local licensing authority, its authorized representative, or by law enforcement officers that the source and quantity of any marijuana sold upon the licensed premises are in full compliance with any applicable state law or regulation. (c) If the state or federal government prohibits the sale, transportation, manufacture, cultivation, processing, packaging, testing, or distribution of marijuana through retail marijuana establishments, any license issued hereunder shall be deemed immediately revoked by operation of law, with no ground for appeal, or other redress available, on behalf of the licensee. (d) The issuance of any license pursuant to this article shall not be deemed to create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the transportation, packaging, manufacturing, cultivation, possession, sale, distribution, testing, or use of marijuana. Section 3. Codification Amendments. The codifier of Fort Lupton’s Municipal Code is hereby authorized to make such numerical, technical, and formatting changes as may be necessary to incorporate the provisions of this ordinance within the Fort Lupton Code. Section 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. The repeal or modification of any provision of the Municipal Code of the City of Fort Lupton by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.
(3) Impose a fine or fine in lieu of suspension of at least $500.00 but no more than $100,000.00; or
Section 7. This ordinance is deemed necessary for the preservation of the public property, health, welfare, peace and safety.
(4) Establish conditions that must be met before the license holder may apply for reinstatement of the license.
INTRODUCED, READ, AND PASSED ON FIRST READING, AND ORDERED PUBLISHED this 7th day of September 2021.
(g) The Authority must establish factors to consider when determining the amount of fine to impose and a matrix of steps for fine amounts. These factors and matrix must be used consistently for all imposed penalties. The Colorado State Marijuana Enforcement Penalty Schedule may be used as a guide to create the local sentencing scheme.
PUBLISHED in the Fort Lupton Press the 15th day of September 2021.
(h) Payment of any fine pursuant to the provisions of this Chapter shall be in the form of cash or in the form of a certified check or cashier’s check made payable to the City Clerk and paid within 15 days of the imposed sanction. (i) If a license is suspended for any period of time, the licensee must post signage that states the license is under suspension or revocation due
FINALLY READ BY TITLE ONLY, PASSED AND ORDERED PUBLISHED BY TITLE ONLY this __ day of ___ 2021. EFFECTIVE (after publication) the __ day of __ 2021. CITY OF FORT LUPTON, COLORADO Zo Stieber, Mayor ATTEST: Maricela Peña, City Clerk Approved as to form:
Andy Ausmus, City Attorney Legal Ad No.: FLP222398 CITY OF FORT LUPTON NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Fort Lupton is in receipt of an application submitted by Sheryl Been for a special use permit for an RV park at a property located west and adjacent to County Road 19 and approximately 0.29 miles south from County Road 10 in Fort Lupton, Colorado, pursuant to the City of Fort Lupton Municipal Code Notice Requirements. The public hearing is to be held before the City Council on Tuesday, October 5, 2021, at 7:00 P.M. or as soon as possible thereafter. The public hearings shall be held in the City Hall, 130 South McKinley Avenue, Fort Lupton, Colorado, or at such other time or place in the event this hearing is adjourned. In the event that City Hall is closed to the public at the time of the hearings due to COVID-19, the public hearings will be held remotely, accessible to the public by phone and internet. Information on how to attend the hearings will be provided in the agenda posted on the City’s website, www.fortluptonco.gov. Further information is available through the City Planning & Building Department at (303) 857-6694. ALL INTERESTED PERSONS MAY ATTEND LEGAL DESCRIPTION LOT A OF RECORDED EXEMPTION NO. 146916-1 RE-4223, ACCORDING TO THE MAP RECORDED NOVEMBER 23, 2005 AT RECEPTION NO. 3342371, BEING A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL CONTAINS 687,638 SQUARE FEET OR 15.786 ACRES MORE OR LESS Legal Ad No.: FLP222395 First Publication: September 15, 2021 Last Publication: September 15, 2021 Publisher: Fort Lupton Press City of Fort Lupton August 2021 Bills Paid 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 1361.59 08/31/21 08/31/21 08/31/21 08/24/21 08/24/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/24/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21 08/31/21
Ace Hardware Of Fort Lupton 135.82 Breakthru Beverage Group 243.69 Callaway Golf Sales Co 2954.77 City Of Fort Lupton 42500.64 Comcast Cable Comm, Llc 244.23 Eagle Rock Company Of Colo 169 High Country Beverage Corp 1038.1 Ll Johnson Distributing 1868.17 Safe Systems Inc 139.19 Shamrock Foods Company 3492.79 Swire Coca-Cola, Usa 1226.64 Terminix 143 Waxie Sanitary Supply 125.92 Ace Hardware Of Fort Lupton 15.46 Agfinity Inc 1462.69 Black Clover Enterprises Llc 671.29 City Of Fort Lupton 1255.8 Eagle Rock Co Of Colo 1434.03 High Country Beverage Corp1527.35 Ll Johnson Distributing 2730.59 Republic Ntl Distrib Co Llc 236.8 Shamrock Foods Company 1320.23 Southern Glazer’s Of Co 255.26 Srixon/Cleveland Golf/Xx10 The Huntington Ntl Bank 10678.08 Toshiba Financial Services 231.45 Xcel Energy-Gas 138.31 City Of Fort Lupton 23560.39 Terminix 177 City Of Fort Lupton 179.97 Deep Rock Water 78.34 Highplains Library District 3492.4 Kate Davis 11.2 Staples Business Advantage 275.12 Adt Security System 127.49 Adv Urgent Care And Occ Med 80 Agfinity 173 Bg’s Japanese Designs 324 Branton Companies Llc 2750 Cintas First Aid & Safety 36.3 Colorado Community Media 250.72 Colorado Paving Inc 141594.42 Core&Main Lp 135.53 D2c Architects 9800 Dun-Rite Manufacturing Llc 1500 Empire Portable Restrooms 1218.75 Fastenal Company 01coftl 15.35 G & G Equipment 95.64 Gary L Rigg 300 Greeley Lock & Key 5335.68 Humana Health Plan Inc 80017.31 Insight Public Sector Inc 481.33 Jacklyn White 135 K & K Laser Creations Llc 519.53 Kone Inc 140.8 Ll Johnson Distributing 81.75 Motorola Solutions 9577.08 Office Depot 74.24 O’reilly Auto Parts 4.99 Prairie Mountain Media 264 R & L Tires 25 Royal Restrooms Mtn West Llc 1800 The Consolidated Mutual 203.64 Todd Hodges Design Llc 9018.76 Toshiba Financial Srvcs 1930.45 United Power 4328.37 United Power 33.53 Valley Fire Extinguisher 162 Vector Disease Control 2967.7 Chamber Of Commerce 36 Colorado Analytical Lab 46 Comcast Cable Comm, Llc 220.03 Connect 4 Events & EntLlc 2750 Coyote Creek Golf Course 3060 Dell Marketing Lp 1143.2 Ergomed 310 Esri Inc 15000 Insight Public Sector Inc 32826.68 Jamar Technologies, Inc 3958.68 Louis A Gresh 1500 O’reilly Auto Parts 162.58 Pinnacol Assurance 14246.25 Raquel Ferszt 375 Standard Insurance Co. 5498.64 Symmetry Energy SolLlc 3027.41 Tyler Technologies 525 Waste Connect Of Colo, Inc 225.98 Weld County Sheriff’s Office 57.97
08/31/21 08/20/21 08/27/21 08/27/21 08/27/21 08/27/21 08/27/21 08/30/21 08/30/21 08/30/21 08/27/21 8/31/21 9/2/21 9/2/21 8/20/21 8/27/21 8/25/21 8/30/21 8/30/21 9/1/21 8/20/21
Xcel Energy-Gas Enterprise Fm Trust Bank Of Colorado Bank Of Colorado Valic_1 29325.21 Irs 53939.05 Co Depart Of Revenue Valic_1 110.56 Irs 247.57 Co Department Of Revenue Fire & Police Pension Asc Bank Of Colorado Fdgl Lease Pymt Global Pymts 548.70 National Benefit Services National Benefit Services Simplifile 25.00 Simplifile 25.00 Bank Of Colorado 36,364.92 Bank Of Colorado Enterprise 2,704.41
99.72 2704.41 5843.08 601.45 9069.81 39.72 1640.16 451.01 64.02 100.92 666.99
23.00
Legal Ad No.: FLP222401 First Publication: September 15, 2021 Last Publication: September 15, 2021 Publisher: Fort Lupton Press ORDINANCE NO. INTRODUCED BY:
2021-1128 MICHAEL SANCHEZ
AN ORDINANCE OF THE CITY COUNCIL OF FORT LUPTON, COLORADO, ACTING BY AND THROUGH THE UTILITY ENTERPRISE BOARD, DECLARES THAT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE REQUIRE THE INCLUSION OF FORT LUPTON WITHIN THE METRO WASTEWATER RECLAMATION DISTRICT (DISTRICT) AND THAT THE CITY OF FORT LUPTON INCLUDED THEREIN UPON THE TERMS AND CONDITIONS PRESCRIBED BY THE BOARD OF DIRECTORS OF THE DISTRICT; APPROVING THAT CERTAIN “SEWAGE TREATMENT AND DISPOSAL AGREEMENT (SERVICE CONTRACT) WITH THE METRO WASTEWATER RECLAMATION DISTRICT”; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; AND SETTING FORTH OTHER DETAILS RELATED THERETO.
WHEREAS, The City of Fort Lupton, Colorado (“City”) is a political subdivision and municipal corporation of the State of Colorado, pursuant to certain powers set forth in Article XX of the Constitution of the State of Colorado and is Home Rule Charter, and pursuant to its status as a water and sewer enterprise; and
WHEREAS, at its regular meeting on April 20, 2021 (AM2021-066), the Fort Lupton City Council approved and authorized the Mayor to sign a written request (the “Request”) to the Metro Wastewater Reclamation District (“District”), pursuant to C.R.S. Section 32-4-513(2)(a), to determine the feasibility of serving all of the City through the District’s facilities and the terms and conditions upon which the City may be included within the District; and
WHEREAS, at its meeting on July 20, 2021, the Board of Directors of the District considered the City’s request and adopted Resolution NO. 0721-B7.f in which it determined that it could feasibly serve the City pursuant to certain terms and conditions of said Resolution and as provided herein; and
WHEREAS, in reliance on the City’s Request and District’s finding of feasibility, the City and the District have negotiated in good faith and finalized a “SEWAGE TREATMENT AND DISPOSAL AGREEMENT (SERVICE AGREEMENT) WITH THE METRO WASTEWATER RECLAMATION DISTRICT”; and
WHEREAS, pursuant to C.R.S Section 32-4-513, the City published in the Fort Lupton Press a Notice of Public Hearing regarding Potential Inclusion of the City of Fort Lupton Acting by and Through its Utility Enterprise in the Metro Wastewater Reclamation District, such publication occurring on August 18, 2021, August 25, 2021 and September 1, 2021; and WHEREAS, at its regular meeting on September 7, 2021, the City Council conducted the requisite public hearing, received information from representatives from the District and City staff, and provided an opportunity for public comment; and
WHEREAS, the City Council finds and determines that the public health, safety, and general welfare of the City, its utility customers and property owners, require the inclusion of the City of Fort Lupton into the District, as provided herein, in order to receive wastewater services from the District pursuant to the terms and conditions prescribed by the District and set forth in the “SEWAGE TREATMENT AND DISPOSAL AGREEMENT (SERVICE CONTRACT) WITH THE METRO WASTEWATER RECLAMATION DISTRICT”; and
AND WHEREAS, the City Council further finds and determines that the terms of the subject AGREEMENT are reasonable and that it is in the best interest of the City to enter into said AGREEMENT with the District
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO, AS FOLLOWS:
Section 1. The public health, safety, and general welfare of the City, its utility customers and property owners, require the inclusion of the City of Fort Lupton into the District in order to receive wastewater services from the District pursuant to the terms and conditions prescribed by the District and set forth in the “SEWAGE TREATMENT AND DISPOSAL AGREEMENT (SERVICE CONTRACT) WITH THE METRO WASTEWATER RECLAMATION DISTRICT” a copy of which is attached hereto as Exhibit “A”.
Section 2. The “SEWAGE TREATMENT AND DISPOSAL AGREEMENT (SERVICE CONTRACT) WITH THE METRO WASTEWATER RECLAMATION DISTRICT” is hereby approved and the Mayor is authorized to execute the same on behalf of the City.
Section 3. Pursuant to this Ordinance and subject to final inclusion by the District, the City of Fort Lupton shall be included within the District. Section 4. Upon final approval, a copy of this Ordinance shall be forwarded to the District.
Fort Lupton Press September 15, 2021 * 3
Fort Lupton Press 29
September 15, 2021
Public Notices Section 5. Purpose. The purpose of this Ordinance is to provide for the health, safety and welfare of the people. Section 6. Repeal. Existing or parts of ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or part of ordinance inconsistent with the provision of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordnance hereby repealed prior to the taking effect of this Ordinance. Section 7. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 8. Interpretation. This Ordinance shall be so interpreted and construed as to effectuate is general purpose. INTRODUCED, READ, AND PASSED ON FIRST READING, AND ORDERED PUBLISHED this 7th day of September 2021. PUBLISHED in the Fort Lupton Press the 15th day of September 2021. FINALLY READ BY TITLE ONLY, PASSED AND ORDERED PUBLISHED BY TITLE ONLY this __ day of __ 2021. PUBLISHED BY TITLE ONLY the day of 2021. EFFECTIVE (after publication) the _ day of _ 2021. CITY OF FORT LUPTON, COLORADO Zo Stieber, Mayor ATTEST: Maricela Peña, City Clerk Approved as to form: Andy Ausmus, City Attorney ORDINANCE NO. 2021-1124 INTRODUCED BY: BRUCE FITZGERALD ADOPT ORDINANCE 2021-1124 INITIALLY ZONING LAND KNOWN AS THE RATERINK INITIAL ZONING, LEGALLY DESCRIBED IN EXHIBIT A, TO THE ‘A’ AGRICULTURAL ZONE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO: INTRODUCED, READ, AND PASSED ON FIRST READING, AND ORDERED PUBLISHED this 20th day of July 2021. PUBLISHED in the Fort Lupton Press the 28th day of July 2021. FINALLY READ BY TITLE ONLY, PASSED AND ORDERED PUBLISHED BY TITLE ONLY this 7th day of September 2021. PUBLISHED BY TITLE ONLY the 15th day September 2021. EFFECTIVE (after publication) the 15th day of October 2021. CITY OF FORT LUPTON, COLORADO Zo Stieber, Mayor ATTEST: Maricela Peña, City Clerk Approved as to form: Andy Ausmus, City Attorney EXHIBIT A
LEGAL DESCRIPTION A PARCEL OF LAND LOCATED AT THE NORTHEAST ¼ OF SECTION 5, TOWNSHIP1 NORTH, RANGE 66 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO: FURTHER DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5 TO BEAR SOUTH 89’39’45”WEST, BEING MONUMENTED ON THE EAST END BY A 3/4” REBAR WITH 3 1/4” ALUMINUM CAP, PLS 13155 N MONUMENT BOX, AND ON THE WEST END BY A 3/4” REBAR WITH 3 1/4” ALUMINUM CAP, PLS 13155 IN MONUMENT BOX, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 00’07’26” WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 75.00 FEET TO THE NORTH LINE OF APPEL FARM ANNEXATION TO THE TOWN OF FORT LUPTON AND THE TRUE POINT OF BEGNNING; THENCE SOUTH 89”39’45” WEST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 767.13 FEET TO THE WEST LINE OF LOT A, RECORDED EXEMPTION NO. RECX20-0069, AS SHOWN ON THE PLAT RECORDED AUGUST 5, 2020 AS RECEPTION NO. 4616704 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO, ALSO BEING THE EAST LINE OF TWOMBLY ANNEXATION, AS SHOWN ON THE PLAT RECORDED FEBRUARY 23, 994 AS RECEPTION NO. 2374890 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 00’07’26” WEST, COINCIDENT WITH SAID LINE, A DISTANCE OF 492.97 FEET TO THE NORTHWEST CORNER OF SAID LOT A; THENCE NORTH 89”40’43” EAST, COINCIDENT WITH THE NORTH LINE OF SAID LOT A AND LOT B, RECX20-0069, ALSO BEING THE SOUTH LINE OF SAID TWOMBLY ANNEXATION, A DISTANCE OF 767.13 FEET TO THE EAST LINE OF THE NORTHEAST ¼ OF SAID SECTION 5; HENCE SOUTH 00’07’26” EAST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 492.76 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 378,092 SQUARE FEET OR 8.68 ACRES, MORE OR LESS Legal Ad No.: FLP222397
Metropolitan Districts DISTRICT COURT WELD COUNTY, COLORADO Court Address: 901 9th Ave, Greeley, CO 80631 Telephone No.: 970-475-0400 In Re the Matter of: Murata Farms Commercial Metropolitan District Case Number: 2021CV030502; Div.: 5; Ctrm: 5 NOTICE OF HEARING ON PETITION IN RE THE ORGANIZATION OF MURATA FARMS COMMERCIAL METROPOLITAN DISTRICT, WELD COUNTY, COLORADO PUBLIC NOTICE IS HEREBY GIVEN that there was filed in the District Court in and for Weld County, Colorado, on August 27, 2021, a petition entitled “In Re the Organization of Murata Farms Commercial Metropolitan District, Weld County, Colorado” (the “Petition”), which Petition prays for the organization of Murata Farms Commercial Metropolitan District (the “District”) pursuant to the provisions of § 32-1-301, et seq., C.R.S. The purposes of the proposed District are as follows: (i) Streets, Traffic Controls and Safety Controls; (ii) Water Facilities; (iii) Sanitary Sewer and Storm Drainage Facilities; (iv) Park and Recreation; and (v) all other powers of a metropolitan district as described in §§32-1-1001 and -1004 C.R.S. as amended, except that the District will not provide fire protection nor emergency facilities or services.
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The District is located entirely within the boundaries of the City of Fort Lupton, Colorado. The land contained within the boundaries of the proposed District is generally described as a parcel containing approximately 10.2 acres located south of Colorado State Highway 52, west of Weld County Road 29 ½, East of S Trail Blazer Road, and north of Highway 12 in the City of Fort Lupton. NOTICE IS FURTHER GIVEN that any time after the filing of the Petition for the organization of the proposed District in the Weld County District Court, but no later than ten (10) days before the hearing on the Petition, in accordance with the provisions of §32-1-305(3), C.R.S., the owner of any real property within the proposed District may file a petition with the District Court stating reasons why said real property should not be included therein and requesting that said real property be excluded therefrom. Such petition shall be duly verified and shall describe the real property for which the exclusion is requested. The Court shall hear said petition and any objections thereto and shall determine whether, in the best public interest, said property should be excluded or included in the proposed District. NOTICE IS FURTHER GIVEN that by an Order of the District Court in and for Weld County, Colorado, a Public Hearing on said Petition will be held at the hour of 10:00 AM at the said District Court on September 24, 2021, at which time and place any parties or persons in interest may appear if they so desire, within the limitations provided by law. NOTICE IS FURTHER GIVEN that this proceeding is WebEx ONLY. THE PARTIES AND PUBLIC OBSERVERS ARE NOT TO APPEAR IN PERSON. WebEx allows for parties, professionals, witnesses, courtroom attendees, and any members of the public to appear by video and/or by phone. To join Cisco WebEx application on a phone/tablet or computer: click on JOIN A MEETING in the application. ENTER THE MEETING ROOM CODE: 927 939 515. To call into the WebEx hearing to appear by phone only, please dial one of the following two numbers: 1-415-655-0001 US Toll; or 1-720-650-7664 United States Toll (Denver). When prompted enter the access code: 927 939 515. To join the meeting using a video conferencing system, dial shannon.lyons@judicial.webex. com or dial 173 243.2.68 and enter the meeting number: 927 939 515. When participating by WebEx, please remember that this is a formal court proceeding: (1) Please mute your microphone unless you are speaking so that others can hear the proceedings; (2) Be aware that if you are appearing by video others can see you; (3) You are not permitted to record any of the proceedings and a violation of this order is punishable by contempt of court or in any other manner authorized by law; (4) Please be patient. The Court may have multiple hearings set on the docket, as it would in the courtroom setting; and (5) Disruptive behavior will not be tolerated, and the Court will address such behavior in the same fashion as the Court would if it occurred in court, which could include contempt proceedings or exclusion from the proceedings. Dated this 8th day of September, 2021. BY THE COURT: /s/ Gale Karas Court Judicial Assistant Legal Ad No.: FLP222402 Publish on: Wednesday, September 15, 2021 Published in: Fort Lupton Press DISTRICT COURT WELD COUNTY, COLORADO Court Address: 901 9th Ave, Greeley, CO 80631 Telephone No.: 970-475-0400 In Re the Matter of: Murata Farms Residential Metropolitan District Case Number: 2021CV030503; Div.: 5; Ctrm: 5 NOTICE OF HEARING ON PETITION IN RE THE ORGANIZATION OF MURATA FARMS RESIDENTIAL METROPOLITAN DISTRICT,
WELD COUNTY, COLORADO
exclusion from the proceedings.
PUBLIC NOTICE IS HEREBY GIVEN that there was filed in the District Court in and for Weld County, Colorado, on August 27, 2021, a petition entitled “In Re the Organization of Murata Farms Residential Metropolitan District, Weld County, Colorado” (the “Petition”), which Petition prays for the organization of Murata Farms Residential Metropolitan District (the “District”) pursuant to the provisions of § 32-1-301, et seq., C.R.S.
Dated this 8th day of September, 2021.
The purposes of the proposed District are as follows: (i) Streets, Traffic Controls and Safety Controls; (ii) Water Facilities; (iii) Sanitary Sewer and Storm Drainage Facilities; (iv) Park and Recreation; and (v) all other powers of a metropolitan district as described in §§32-1-1001 and -1004 C.R.S. as amended, except that the District will not provide fire protection nor emergency facilities or services. The District is located entirely within the boundaries of the City of Fort Lupton, Colorado. The land contained within the boundaries of the proposed District is generally described as a parcel containing approximately 62.5 acres south of Colorado State Highway 52, west of Weld County Road 29 ½, East of S Trail Blazer Road, and north of Highway 12 in the City of Fort Lupton. NOTICE IS FURTHER GIVEN that any time after the filing of the Petition for the organization of the proposed District in the Weld County District Court, but no later than ten (10) days before the hearing on the Petition, in accordance with the provisions of §32-1-305(3), C.R.S., the owner of any real property within the proposed District may file a petition with the District Court stating reasons why said real property should not be included therein and requesting that said real property be excluded therefrom. Such petition shall be duly verified and shall describe the real property for which the exclusion is requested. The Court shall hear said petition and any objections thereto and shall determine whether, in the best public interest, said property should be excluded or included in the proposed District. NOTICE IS FURTHER GIVEN that by an Order of the District Court in and for Weld County, Colorado, a Public Hearing on said Petition will be held at the hour of 10:15 AM at the said District Court on September 24, 2021, at which time and place any parties or persons in interest may appear if they so desire, within the limitations provided by law. NOTICE IS FURTHER GIVEN that this proceeding is WebEx ONLY. THE PARTIES AND PUBLIC OBSERVERS ARE NOT TO APPEAR IN PERSON. WebEx allows for parties, professionals, witnesses, courtroom attendees, and any members of the public to appear by video and/or by phone. To join Cisco WebEx application on a phone/tablet or computer: click on JOIN A MEETING in the application. ENTER THE MEETING ROOM CODE: 927 939 515. To call into the WebEx hearing to appear by phone only, please dial one of the following two numbers: 1-415-655-0001 US Toll; or 1-720-650-7664 United States Toll (Denver). When prompted enter the access code: 927 939 515. To join the meeting using a video conferencing system, dial shannon.lyons@judicial.webex. com or dial 173 243.2.68 and enter the meeting number: 927 939 515. When participating by WebEx, please remember that this is a formal court proceeding: (1) Please mute your microphone unless you are speaking so that others can hear the proceedings; (2) Be aware that if you are appearing by video others can see you; (3) You are not permitted to record any of the proceedings and a violation of this order is punishable by contempt of court or in any other manner authorized by law; (4) Please be patient. The Court may have multiple hearings set on the docket, as it would in the courtroom setting; and (5) Disruptive behavior will not be tolerated, and the Court will address such behavior in the same fashion as the Court would if it occurred in court, which could include contempt proceedings or
BY THE COURT: /s/ Gale Karas Court Judicial Assistant Legal Ad No.: FLP222403 Publish on: Wednesday, September 15, 2021 Published in: Fort Lupton Press
Bids and Settlements NOTICE OF FINAL PAYMENT
NOTICE is hereby given that Highway 119 Metropolitan District No. 1 of the Town of Firestone, Weld County, Colorado (the “District”), will make final payment at 10130 Astorbrook Lane, Highlands Ranch, CO 80126, on October 4, 2021, at the hour of 9:00a.m. to COYOTE RIDGE CONSTRUCTION, LLC, a Colorado limited liability company of Johnstown, Colorado for all work done by said Contractor(s) in construction or work on the Firelight Park Offsite Waterline Project, performed within the District, Weld County, Colorado.
Any person, copartnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractors or their subcontractors, in or about the performance of the work contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work, and whose claim therefor has not been paid by the contractors or their subcontractors, at any time up to and including the time of final settlement for the work contracted to be done, is required to file a verified statement of the amount due and unpaid, and an account of such claim, to the District on or before the date and time hereinabove shown for final payment. Failure on the part of any claimant to file such verified statement of claim prior to such final settlement will release the District, its directors, officers, agents, and employees, of and from any and all liability for such claim.
BY ORDER OF THE BOARD OF DIRECTORS HIGHWAY 119 METROPOLITAN DISTRICT NO. 1 Legal Ad No.: FLP222387 First Publication: September 8, 2021 Second Publication: September 15, 2021 Last Publication: September 22, 2021 Published in: Fort Lupton Press
Notice to Creditors NOTICE TO CREDITORS Estate of Wayne Logan Morrow a/k/a Wayne L. Morrow, a/k/a Wayne Morrow, Deceased Case Number 2021PR30443 Division: 1
All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Weld County, Colorado; Court address: 901 9th Ave, Greeley, CO 80631, on or before January 10, 2022 or the claims may be forever barred. Brenda Hart 15607 Caroline Ave Ft. Lupton, CO 80621 Personal Representative Legal Ad No.: FLP222389 First Publication: September 8, 2021 Last Publication: September 22, 2021 Publisher: Fort Lupton Press
BE Informed! County and city governments run legal notices each week in this newspaper. Find out which laws are changing or new laws being considered; how the county / city is spending your tax dollars; liquor licensing requirements; bidding on government projects; final settlements for those projects; times and dates of public hearing; and others. Remember, the government works for you.
Fort Lupton Press September 15, 2021 * 4
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30 Fort Lupton Press
September 15, 2021
FORT LUPTON PRESS
Garage and Estate Sales
Buildings, Metal
Multi-Family Garage & Antique Furniture Sales Wed-Fri, 9/15-9/17, 8a-6p Sat, 9/18, 8a-3p
Moving Sale Saturday September 18th 8am-3pm 427 Poppy Drive, Brighton
Merchandise Antiques & Collectibles Antique Furniture Sale! Wed-Fri, 9/15-9/17, 8a-6p Sat, 9/18, 8a-3p We have PROFESSIONALLY RESTORED ANTIQUE FURNITURE! Our inventory includes: an Eastlake Dining Table w/3 leaves & 7 GORGEOUS Chairs * STUNNING circa 1900 Carved Oak Bed & Dresser - Duncan Phyfe Dining Tables w/chairs - Duncan Phyfe China Hutch & Buffet - Oak Dresser w/harp mirror - a Drop-Leaf Gate-Leg Table - a Birch Highboy w/ original brass handles - Cherrywood & Walnut Drop-Leaf tables Victorian Parlor chairs - along with a variety of dressers, highboys, desks & secretaries … made of cherry, walnut, mahogany, oak & more! Other desirable items include: a Michael Amini Bedroom set; a Jacobean Revival Dining Table w/3 leaves & 6 chairs; a 1950’s MCM Heywood Wakefield Table w/4 Dogbone Chairs; a Kittinger Desk & so much more! Come to our Garage & Furniture Sale at Shepherd of Love Fellowship 13550 Lowell Blvd., Broomfield (corner of 136th & Lowell Blvd.) Info: 303-466-5749 or 303-469-0410 shepherdoflove.org
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Small Engine Repair
Mobile Small Engine Repair
Garage Sales
We have FURNITURE GALORE!! Our PROFESSIONALLY RESTORED ANTIQUE FURNITURE includes: an Eastlake Dining Table w/3 leaves & 7 GORGEOUS Chairs; a Drop-Leaf Gate-Leg Table; a Birch Highboy w/ original brass handles; Cherrywood & Walnut Drop-Leaf tables as well as Dressers, Highboys, Table & Chair sets & other pieces … made of cherry, walnut, mahogany, oak & more! Other desirable items include: a Michael Amini Bedroom set; a Jacobean Revival Dining Table w/3 leaves & 6 chairs; a 1950’s MCM Heywood Wakefield Table w/4 Dogbone Chairs; a Kittinger Desk & so much more! Our GARAGE SALE features Vintage pieces, leather sofas, bedroom & dining sets, etc.! We have Clothes (all ages) - Kitchen - Linens -Toys - Craft Supplies - Jewelry - Books - Sports Electronics - Tools, plus HomeBaked Goods! Our BBQ LUNCH starts at 11am with 1/3-lb. Angus sirloin burger or brat plate for $5.50 or hot dog plate for $3.50. Shepherd of Love Fellowship 13550 Lowell Blvd., Broomfield (corner of 136th & Lowell Blvd.) Info: 303-466-5749 or 303-469-0410 shepherdoflove.org
CLASSIFIED A D SALES 303-566-4100
Lawn mowers - riders and walk behind, Generators, Snow blowers, Winterizing, Tune-ups. Specialized in Stihl repair & rebuild including Cement saws, Trimmers, Edgers, Chainsaws, Chain sharpening.
Call 720-833-1666 Tax Preparation
Lawn Care
Yard Clean Up • Weekly Mowing Sprinkler Maintenance & Repair Gutter Cleaning • Aeration Landscaping • Bush Trimming
Jeff 303-210-1900 Clothing
Miscellaneous
Men’s sweatshirts (branded NASCAR, Denver Broncos, Sturgis etc). $50 or best offer Ladies Levi’s – brand new. Multiple sizes. $30/each Call 720-532-5257
Long distance moving: Call for a free quote from America’s Most Trusted Interstate Movers. Let us take the stress out of moving! Speak to a relocation specialist 888-721-2194
Electronics Consumer Cellular flip phone. Never activated. $35. Unlocked Samsung S8 phone, works with any carrier $60. Call 720-532-5257
Health & Beauty Stroke & Cardiovascular disease are leading causes of death according to the AHA. Screenings can provide peace of mind or early detection! Call Life Line Screening to schedule a screening. Special offer 5 screenings for $149. 1-833-549-4540
VIAGRA and CIALIS USERS! 50 Generic Pills SPECIAL $99.00 FREE Shipping! 100% guaranteed. 24/7 CALL NOW! 888-445-5928 Hablamos Espanol
Household Goods Queen size weighted blanket $75. A ¾ bedframe for bad back. $75. 2 foam queen mattress toppers both for $50. Queen size feather topper $50. Call 720-532-5257
Medical Attention oxygen therapy users! Inogen One G4 is capable of full 24/7 oxygen delivery. Only 2.8 pounds. Free info kit. Call 877-929-9587
HOME BREAK-INS take less than 60 SECONDS. Don’t wait! Protect your family, your home, your assets NOW for as little as 70¢ a day! Call 866-409-0308 DENTAL INSURANCE - Physicians Mutual Insurance Company. Covers for 350 procedures. Real insurance - not a discount plan. Get your free dental info kit! 1-888-623-3036 www.dental50plus.com/58 #6258.
DIRECTV NOW. No Satellite. $40/ mo. 65 Channels. Stream news, life events, sports & on demand titles. No contract/commitment. CALL 1-866-825-6523 HughesNet Satellite Internet – Finally, super-fast internet no matter where you live. 25 Mbps just $59.99/mo! Un-limited Data is Here. Stream Video. Bundle TV & Internet. Free Installation. Call 866-499-0141
Imogen G3, 16 cell, 2019. Imogen G5, 16 cell, 2019. New $400 each. Asking $100 each. _ Conference Folding Table, 18”x72”. $45 Call 720-344-4705 GENERAC Standby Generators provide backup power during power outages, so your home & family stay safe & comfortable. Prepare now. Free 7-yr extended warranty $695 value! Request a free quote today! Call for terms & conditions. 1-844334-8353
Tree Service
30 Years Experience
Tree & Shrub Pruning, Removal, Stump Grinding
BBB+ Licensed & Insured
Call 303.833.5212 aandrtreeservices.com
FR
E EstimE ates
Miscellaneous
Miscellaneous
2 belt buckets. U shaped turquoise (stone) and silver (color) $85. Black Hills gold belt bucket $150. 4 sets of Cross Pen and Pencil. $25 per set or $100 for all plus 3 extra pens and pencils plus refills. Call 720-532-5257
!!OLD GUITARS WANTED!! GIBSON, FENDER, MARTIN, Etc. 1930’s to 1980’s. TOP DOLLAR PAID. CALL TOLL FREE 1-866433-8277
AT&T Internet. Starting at $40/month w/12-mo agreement. 1 TB of data/ month. Ask how to bundle & SAVE! Geo & service restrictions apply. 1-888-796-8850 The Generac PWRcell solar plus battery storage system. Save money, reduce reliance on grid, prepare for outages & power your home. Full installation services. $0 down financing option. Request free no obligation quote. 1-855-2703785 NEW AUTHORS WANTED! Page Publishing will help you self-publish your book. Free author submission kit! Limited offer! 866-951-7214
Update your home with beautiful new blinds & shades. Free in-home estimates make it convenient to shop from home. Professional installation. Top quality - Made in the USA. Free consultation: 877-212-7578. Ask about our specials! Eliminate gutter cleaning forever! LeafFilter, the most advanced debris-blocking protection. Schedule free estimate today. 15% off entire Purchase. 10% Senior & Military Discounts. Call 1-855-995-2490 BATH & SHOWER UPDATES in as little as ONE DAY! Affordable prices - No payments for 18 months! Lifetime warranty & professional installs. Senior & Military Discounts available. Call: 855-761-1725
CLASSIFIEDS
Fort Lupton Press 31
September 15, 2021
FORT LUPTON PRESS
Tools
Dogs
Doodle Puppies
Large Tool Box
50 years of tools, Snap-On, Mac, Matco, air tools, torque wrenches, dial calipers, mikes, a/c vacuum pump, shop battery charger and starter, air drills and bits, tap & dye sets. And lot's more. Asking $50,000. Call 303-805-0301
Golden Doodles and Bernedoodles Home-Raised Heath Tested and Guaranteed Standard and Mini Size available Schedule a visit today! (970)215-6860 www.puppylovedoodles.com
Wanted to Buy
SERVICE DIRECTORY
Contact Teresa, 303-566-4125 talexis@coloradocommunitymedia.com
Transportation
RV’s and Campers
Service Directory
Autos for Sale
RV For Sale 2004 Fleetwood Tioga 29V Class C 33K Miles Sleeps 8 Rear Queen Bed 4K Gen Very Good Cond Asking $27,000 Please Call Mike 303-552-4234
Tree Service
1995 Chevy Astro Cargo Van AC, pwr steering, pwr brakes, pw door locks and cruise control. Metal bins. Good condition. $1,500. Call 303-518-1329
RV’s and Campers White fiberglass camper shell, $450. 303-659-6518.
Wants to purchase minerals and other oil and gas interests. Send details to P.O. Box 13557 Denver, Co. 80201
Wanted Donate Your Car to Veterans Today! Help and Support our Veterans. Fast - FREE pick up. 100% tax deductible. Call 1-800245-0398
A-1 Stump Removal Stump grinding specialist
Most stumps $75.00 and up $55 Minimum. Free estimates. Call or Licensed & Insured. Text 39 years experience. 10% off when coupon presented A father and son team!
Terry 303-424-7357 Corey 720-949-8373
Career Training
Help Wanted
Real Estate
Rentals
TRAIN ONLINE TO DO MEDICAL BILLING! Become a Medical Office Professional at CTI! Get trained & certified to work in months! 888-572-6790. (M-F 8-6 ET)
Chemical Operator-Entry Level
Business for Sale/Franchise
Homes
Help Wanted
Starting hourly wage $17.50-$23.00, depending on experience. Rotating shifts. No experience necessary-forklift knowledge, mechanical skills, basic math a plus. Hiring on a 3-month probation period with on-the-job training.
Dairy Queen Grill & Chill Business For Sale Greenwood Village off I-25 Location Annual Sales $600,000 Plus Owner’s benefit $170,000 Plus Full Menu , 1900 Sq Ft 42 Inside 20 Patio Seating Raja 321-689-6568
Brighton, 2 BD Country House $950/mo. 720-308-4279
Show Dog Kennel Manager Needed in Conifer. Full time. Some overnights. Must have 2 years multiple dog experience as in a boarding kennel or vet clinic. Resume and references required. Salary range $23-$25/hr. Interested candidates please email milehighshowdogs@hotmail.com or text 720-838-5778
Benefits include medical and sick pay after probation period, 401(k) and vacation after 1 yr.
APPLY IN PERSON Mon – Fri 9 a.m. to 4 p.m. Chemical & Metal Industries Inc., 23465 ChemTech Ave, Hudson, CO 80642.
Rea ch yo urlo ca lm a rketby fea turing yo ura d in the
SERVICE DIRECTORY
Please Recycle this Publication when Finished
MAKE YOUR DREAM KITCHEN A REALITY WITH SHELFGENIE
Please Recycle this Publication when Finished
Enjoy up to 50% more space in your kitchen and better access to your most-used items with our custom pull-out shelves installed in your existing cabinets
For Local News Anytime of the Day Visit OurColoradoNews.com
Con ta ctTeresa, Teresa ,303-65 9-25 22 or Contact 303-566-4125 or
talexis@coloradocommunitymedia.com ta lexis@ m etrow estn ew spa pers.com
50% OFF
For Local News Anytim of the Day Visit OurColoradoNews.com INSTALLATION* *Limit one offer per household. Must purchase 5+ Classic/ Designer Shelves. EXP 9/30/21
®
Schedule Your FREE Design Consultation:
(877) 326-0607 Hours: Mon - Fri 9am-9pm, Sat 10am - 4pm EST
32 Fort Lupton Press
September 15, 2021
r o f u o y Thank
s r a e Y 26 SALE! r o o D & Window
T S E G G I B stomer discount!
new cu
We’re celebrating our 26th anniversary— we couldn’t have done it without you, and we wanted to give you our BIGGEST new customer DISCOUNT.
Until September 30th
save 25 % % $ 0 0 0 1year on windows, patio doors and entry doors1
for
with
down
1
payments interest
Call to get this special price before Sept. 30th!
303-395-0480 719-219-1065
MyGreatestWindow.com
Offer not available in all areas. 25% discount applied by retailer representative at time of contract execution and applies to purchase of 3 or more windows and/or entry or patio doors. Valid during first appointment only. Cannot be combined with other offers. Initial contact for a free Window and Door Diagnosis must be made and documented on or before 9/30/21, with the appointment then occurring no more than 10 days after the initial contact. No payments and deferred interest for 12 months available to well qualified buyers on approved credit only. Not all customers may qualify. No Finance Charges will be assessed if promo balance is paid in full in 12 months. Renewal by Andersen retailers are independently owned and operated retailers, and are neither brokers nor lenders. Any finance terms advertised are estimates only, and all financing is provided by third-party lenders unaffiliated with Renewal by Andersen retailers, under terms and conditions arranged directly between the customer and such lender. Window Warmth, LLC d/b/a Renewal by Andersen of Colorado. “Renewal by Andersen” and all other marks where denoted are marks of Andersen Corporation. ©2021 Andersen Corporation. All rights reserved. ©2021 Lead Surge LLC. All rights reserved. All sales, marketing and installation of windows is conducted by Renewal by Andersen of Colorado, an independently owned and operated affiliate operating in CO and NM.
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