Fort Lupton Press February 15, 2024

WEEK OF FEBRUARY 15, 2024

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Colorado hits Suncor with $10.5m settlement

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Colorado has issued a $10.5 million penalty on the Suncor refinery in Commerce City over three years of air pollution violations, calling it the largest-ever action against a single facility, and also settled a suit resulting in a doubling of fenceline monitoring at the troubled fuel plant.

The agreement surpasses a $9 million deal in 2020 for similar releases.

Colorado director of public health Jill Hunsaker Ryan called it a “historic enforcement package” to “demonstrate our unwavering commitment to environmental protection and the health of our residents.”

“We will continue to use every tool available to prevent Suncor from having future violations,” Hunsaker Ryan said. The $5 million in required plant improvements in the 2020 settlement have made a measurable difference in Suncor violations since then, and the new settlement requires $8 million more in plant changes, she said.

SEE SETTLEMENT, P6

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February 15, 2024Fe

Brighton marijuana sales approved Council agrees to allow four retailers in Feb. 6 vote

BY SCOTT TAYLOR STAYLOR@COLORADOCOMMUNITYMEDIA.COM

Brighton Mayor Greg Mills said he’s still not a fan of allowing marijuana sales in the city limits as his council colleges approved an ordinance on Feb. 6 allowing it.

“Back when I was knocking on doors and running for my position, I heard from a lot of people who had reservations about allowing this to

come into our community,” Mills said. “And so, I feel I do need to speak up on behalf of them.”

Councilors went on to cast a 7-2 approval, with Mills and Councilor Jan Pawlowski casting the dissenting votes.

Mills noted that Brighton voters did turn back a ballot measure in 2021 that would have allowed sales and taxed them and that marijuana sales are down across the metro area.

“So there is an indication of what our residents still feel,” Mills said.

“You can determine that however you like, but I think it’s a declining industry.

“I’ll be a no vote on this and I

know I’m probably a minority at this point, but I’ve said my piece,” he added.

Four stores, outskirts

The ordinance allows four stores in Brighton and two of them would be reserved for so-called “social equity licensees.” Those are people who have lived in economically disadvantaged areas for 15 years or have been jailed for cannabis-related offenses.

The stores will not be allowed in the downtown areas of Brighton or in specially zoned “Planned Development” or “Planned Urban Development” areas of the city such as the Prairie Center Shopping area

or other malls. The marijuana retailers will be restricted to the city’s C-2 and C-3 commercial zones and the I-1 light industrial zones. Those zones are generally approved for areas removed from most residential areas.

The city council approved a version of the ordinance on first reading in October, but tabled the matter before November’s council election to allow new councilors to vote.

The October version required stores to be at least 1,500 feet away from each other, but that was removed after City staff spoke with marijuana industry experts.

SEE SALES, P5

Brighton water rate increase approved Second reading on new fee structure set for Feb. 20

BY SCOTT TAYLOR STAYLOR@COLORADOCOMMUNITYMEDIA.COM

Brighton residents will pay 7% more for water and sewer services, councilors agreed Feb. 6.

Councilors are scheduled to vote on the new rates for a final reading at their Feb. 20 meeting. If councilors approve, residents will see increased water rates in April.

The city charges different rates for residents and businesses depending on how much water they use, with users paying higher rates if they use more water.

Currently, the city charges $2.82 per 1,000 gallons for residential us-

ers that use up to 3,000 gallons per month. That rate increases to $5.16 if they use between 3,001 and 20,000 gallons and to $5.56 if they use up to 30,000 gallons. Residents who use between 30,001 and 40,000 gallons per month pay $6.02. The tier structure tops out at $7.03 for residents that use 40,001 gallons or more each month.

Finance Director Catrina Asher said the new structure broadens the lowest residential water tier from up to 30,000 gallons per month to 4,000 gallons per month, allowing more residents to stay in that lower tier.

The new rates would be $3.01 per 1,000 gallons for the first 4,000 gallons, $5.52 per 1,000 gallons for up to 10,000 gallons, $5.95 per 1,000 gallons for up to 20,000 gallons, $6.44 up to 30,000 gallons and $7.52 per

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Asher said the new structure would reduce payments for residential users that use less than 4,000 gallons per month, from $40.28 to $39.85.

“And that’s because of this tier change, where they are allowed to get another 1,000 gallons at the lowest rate,” she said.

Summer water use, which typically increases an average of 15,000 gallons per month for households, would see bills increase across the board. In Asher’s example, a resident who uses 15,000 gallons per month would see their bill rise from $97.04 to $102.73.

“I do want to emphasize that we are not proposing any changes to commercial or multifamily bill structure,” Asher said. “This is just for

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The ordinance also ties the wastewater fees Brighton charges to what special districts that provide sewer services charge. Fees would from $33.16 per month for 4,000-gallon water users to $36.33, she said.

“What that means, if the Lochbuie Sewer Board were to approve a 3% increase next year, we would provide that same increase to our users that are serviced by Lochbuie,” she said.

The increased fees are meant to cover increased construction costs for the city’s new water treatment facility that is currently under construction. Councilors also voted to set a $167 million spending cap on that project.

The new rate structure passed by a vote of 8-1, with Councilor Matt Johnston dissenting.

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February 15, 2024 ADVERTISEMENT

Evidence Mounts That the Off-Site (aka Modular) Construction Industry Is Maturing

Every day I receive email newsletters about real estate, and one of my favorite is Construct Utopia, published by Pro Builder magazine. This week is not the first time I have written a column based on or inspired by an article in that newsletter.

A common subject these days is modular or “off-site” construction. The latest Construct Utopia newsletter has an article about Cuby Technologies, a startup which devised a solution for customizable mass-produced prefab homes — mobile micro factories. Instead of constructing big factories that ship new home modules, Cuby produces micro factories that are set up near the construction site, such as in a field or on a rented parking lot.

Modular construction is typically off site, but bringing the factory to or near the worksite is an interesting twist — perhaps call it “on-site (or close-by) offsite construction.” But the factory could also serve other build sites, functioning as a traditional off-site modular factory but one that is much closer.

The micro-factory is shipped in about 10 containers, and it is set up inside an inflatable tent that covers 30,000 to 40,000 square feet of interior space for creating the modules to be assembled on a nearby construction site.

The idea is to eliminate one of the major costs of modular construction, which is shipping the modules great distances to the work site.

I’ve been a fan of the idea of modular construction ever since I purchased what I thought was a stick-built home in the Mesa Meadows subdivision in north Golden. I bought the home in 1997. After moving in, a neighbor told me he had watched my home go up in one day, delivered from Ft. Morgan on flatbed trailers for installation on a prepared foundation. The interior work was then completed by Pat Foss, a local builder.

The advantages of building the home in a factory, I was told at the time, was better quality control, including better insulation. The exterior walls were all built with 2x6 instead of 2x4 studs, to better survive flatbed transportation from Ft. Morgan.

At right is an artist’s rendering of one of Cuby’s micro factories. It reminds me of how Elon Musk built a tent for assembling the Model 3 next to the Fremont factory rather than wait for a brick-and-mortar building to be permitted and built.

Neighbors of construction sites would probably appreciate having the construction of a new building or subdivision taking place largely indoors, even if it is just a tent, reducing the noise and dust of on-site construction.

Construction in a tent has other advantages including protection from the elements, whether it be rain or snow or simply cold weather. Productivity would be greatly enhanced. Workers will appreciate working a predictable number of days and hours as well as being warm during the winter months. Making working conditions better could also address one of the biggest problems facing the home construction industry: attracting and hiring enough workers.

By completing the major structural panels indoors, the subsequent on-site finishing work can be made more attractive thanks to being able to “weather in” the building quickly. This too improves working conditions and recruitment.

“Inside the dome,” according to the company, “machines and conveyor belts produce and prep all the elements of the home—windows, wall panels, plumbing pipes, drywall, HVAC systems, and so on—then package them into kits.”

The enclosed environment also contributes to less waste and better waste management and recycling.

This Column Is 20 Years Old — See What You Missed

Have you enjoyed reading this column? I have been writing this column for nearly two decades, but only started paying for it to appear in this newspaper last April. At www.JimSmithColumns.com you can find links to more than a decade of “Real Estate Today” columns that you may find applicable to your own real estate journey. At right is a glimpse of what that catalog of previous columns looks like, showing just a few of the columns that predated my contract with this newspaper.

Cuby is a startup that began in Belarus. Cofounder Aleksandr Gampel says the first micro factory is being delivered to Detroit shortly.

Within the next decade he expects to produce 275 micro factories that will build 200,000 homes and create 300,000 jobs, removing approximately 750,000 tons of waste from the construction process.

Although Cuby promotes its micro factories for home building, it’s not a home builder. It sells the micro factories for $10 –15 million. Their customers are typically developers, builders, general contractors and private equity groups, whose customers might be midsize home builders.

Cuby claims that it can lower the cost of new construction from $150 per square foot to $100 per square foot.

This & That: Smaller Topics Not Worth Full Articles Renewable Energy Is Being Banned in More and More U.S. Counties

This is according to a Feb. 4 article on USA Today’s website. Here’s an excerpt: “In the past decade, about 180 counties got their first commercial wind-power projects. But in the same period, more than twice as many blocked wind development.

And while solar power has found more broad acceptance, 2023 was the first year to see almost as many individual counties block new solar projects as the ones adding their first projects.

“The result: Some of the areas with the nation's best sources of wind and solar power have now been boxed out.”

I have a link to the full USA Today article at http://RealEstateToday.Substack.com.

Beware of Scammers Pretending to Be Alerting You to a Scam

Fox 31 reported last week about a Golden couple that was scammed out of more than $137,000. The scam began with a phone call from the “Chase fraud department.” It is so important to question every phone call, text message or email you receive. If that Golden resident had thanked the caller, but hung up

and then called Chase’s customer service number to see if there was a fraud alert on his account, he could have avoided being the victim of that scam. I have posted a link to that story on my Substack blog.

NAR Is Criticized by Its Own Members for Donating to Anti-LBGTQ+ Candidates

The political action committee of the National Association of Realtors (NAR) is one of the biggest donors to political candidates and incumbents who are considered, based on Realtor interviews, to be “prohousing.”

A collection of diverse NAR members calling themselves the Real Estate Alliance is now challenging donations by local and national Realtor associations to candidates who push laws which violate Fair Housing.

For example, the Florida association donated $200,000 to Gov. Ron DeSantis, despite his well-known anti-LGBTQ+ policies such as the “Don’t Say Gay” law. Here in Colorado, the Realtor association has donated to three candidates who sponsored an anti-trans bill.

On my Substack blog, you can learn more about the Real Estate Alliance’s program.

Jim Smith

Broker/Owner, 303-525-1851 Jim@GoldenRealEstate.com 1214 Washington Ave., Golden 80401 Broker Associates: JIM SWANSON, 303-929-2727 CHUCK BROWN, 303-885-7855 DAVID DLUGASCH, 303-908-4835 GREG KRAFT, 720-353-1922 AUSTIN POTTORFF, 970-281-9071 KATHY JONKE, 303-990-7428

“Concentrate on giving and the getting will take care of itself.” —Anonymous

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February 15, 2024Fe

Weld driver program gets $10,000 boost

BY BELEN WARD BWARD@COLORADOCOMMUNITYMEDIA.COM

A Weld County driving program seeks to reduce accidents and other problems among young drivers.

Weld County received a $10,000 DRIVE SMART grant from State Farm Insurance to educate teenagers about safe driving to reduce vehicle injuries and death, according to a news release on Feb. 2.

“DRIVE SMART Weld County has been working to keep Weld County teen drivers and passengers safe for more than 23 years.

The teen program started in February 2001,” said program spokesperson Kristen Duus.

State Farm won the 2024 Good Neighbor Citizen Award this year for its dedication to contributing to the DRIVE SMART Program to save lives.

The Drive Smart Weld County is a nonprofit network of law enforcement, business, insurance, media, concerned citizens, schools, fire departments, and health professionals that pulled together to educate to reduce

injuries and deaths from traffic crashes, according to officials.

According to officials, Weld County data has recorded the highest motor injuries and deaths in Colorado, so DRIVE SMART aims to reduce those numbers by educating students. DRIVE SMART safety program in 2022-23 school educated with more than 35,000 teenagers.

The $10,000 grant will distributed to the safety program led by students through the school year to develop and promote activities for safe driving. The funds are used to educate parents and teens in driver classes, driver’s license laws, insurance requirements, and available discounts.

Within the past two decades, the grant contributions from State Farm to DRIVE SMART Weld County have totaled over $175,000.

“This is not State Farm’s first year contributing; they’ve been participating with our program for years,” Duus said.

For more information on DRIVE SMART Weld County and its community programs, please visit www.drivesmartweldcounty.org or call (970) 400-2325.

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Aims to offer summer STEM program

BY BELEN WARD BWARD@COLORADOCOMMUNITYMEDIA.COM

Aims Community College’s popular Battle of Energy, Science and Technology program will return for summer 2024, the college announced.

“Everyone has a great time exploring our technology at Aims,” said Industrial Technology and Energy Studies Instructor Dave Sordi, “I’m passionate about young people interested in STEM and the potential career opportunities in industrial technology.”

The Aims B.E.S.T program is a four-day camp from July 15 to 18 at the Applied Technology and Trades Center that provides high school students from ages 14-18 with individualized learning of science, innovation, and technology.

It’s a hands-on program that is a state-of-the-art technology that challenges students and evolves their critical thinking skills. The students form teams with assignments using programming, electronics, robot design, and games.

The team that wins the challenge is awarded for their accomplishment, receiving the school mascot Aardvark trophies.

Aims keeps building on the program’s success. We can’t wait to see what this year’s participants accomplish,” Sordi said.

The space is limited, and registration is on a first-come, first-served basis. There is no cost for students to attend.

For more information and to register, please visit aims. co/ BEST.

Scan the QR code to find available homes.

BRIGHTONCROSSINGS.COM All pricing, product specifications, amenities and landscaping is subject to change without prior notice. Models and lifestyle photos do not reflect racial or ethnic preference.

Copyright ©2024 Brighton Crossings. All Rights Reserved

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February 15, 2024

Community building over coffee Fort Lupton police host Coffee with a Cop

with our citizens prior to that tragic moment happening, they’ve got a friendly face automatically coming on to the scene, they’re able to know their officers on a more personal level, which is going to build some of that rapport,” Walker said.

“And with that communication, we know how to respond.

“So our attempts here is to have people come ask us any questions that they might have so that we can get them answered and have a general better understanding of how police interact with the citizens and build that relationship.”

Abner Pabela, a Fort Lupton resident, said it’s important and exciting because it’s the first time Coffee with Cop has been in Fort Lupton.

“I came here because I want to know how we can help as citizens

to take care of the place we live in and support the people that are protecting and serving,” Pabela said “I appreciate everything they do, especially in the schools. I’m hoping that the Fort Lupton department expands as our city expands and we hire a lot more people that reflect the community, especially Spanish speakers or other than Spanish speakers, faithful men and women that I want to protect and serve.”

National Coffee with a Cop Day is observed on the first Wednesday of the month when the community can meet with cops who serve and protect people in their towns. It’s an opportunity for residents to get to know officers, develop relationships, and ask questions.

The National Coffee with a Cop Day started in 2011 with the Hathorne Police Department, which wanted to find a way to meet with communities in the town they protected and service.

The goal was to create a relaxed environment to get to know each other with a conversation on what their community concerns and also get to know the cops as regular human beings who care about them and are there to help, according to Nationaltoday.com.

Roger Espinosa, a Fort Lupton Police Department Community Service Officer, said,” It’s important that the cops know the community to understand better what the cops do. We are here to help and not hinder and not just go arrest people.”

SALES

them and respect their desires and wants,” Snyder said.

FROM PAGE 2

Regulated sales

tail sales, said he understood Mills’ misgivings.

“We’ve been on different sides of this, I know, and we’ve gone through eight years to this point, and I think we can actually get this done,” Johnston said.

He did have suggestions, however.

The ordinance originally required applicants to take 90 days to complete their application, but Johnston suggested reducing that time to 60 days. He noted that potential retailers need to be paying rent before they can apply for a license and 90 days created a financial burden for them.

“Instead of just getting a license, they have to demonstrate they have a location set,” Johnston said. “So some folks are going to have to get a location and pay rent but they won’t even know if they’ll get the license for 90 days. The more we can limit

that, the more we can help everyone.”

Councilors agreed and changed the license application period to 60 days.

Johnston said he’d also wanted to make the “social equity” licenses a sliding scale. The ordinance currently requires two of the four licenses be reserved for local residents.

“But what happens if we have six stores, but only two social equity licenses?” Johnston said. “I would like to keep the requirement that half the licenses are social equity licenses, no matter how many licenses are allowed.”

Councilors did not make that an amendment however, and City Manager Michael Martinez said the city would address it if councilors ever agreed to increase the number of licenses.

BY BELEN WARD BWARD@COILORADOCOMMUNITYMEDIA.COM

The Fort Lupton Police Department’s finest officers had coffee with residents on Coffee with Cop Day at Hard Bean Coffee shop on Feb. 7.

Kaitlynn Walker, a Fort Lupton Police Department active lieutenant, said the department wants to build trusting relationships with the citizens of Fort Lupton. Often, police officers are called to scenes that are the most traumatic days for residents’ lives.

“If we have the ability to meet

The October version also allowed the stores to be open 12 hours daily, from 9 a.m. to 9 p.m. The final version approved matches the state hours, saying the stores can be open from 8 a.m. to midnight daily.

Would-be retailers would need to have their plans reviewed and approved by a city licensing authority, likely the city’s current Alcohol licensing board.

Councilor Jim Snyder, one of the councilors elected in November, said he understood Mills’ sentiments.

“I also received communications from people that have lived here for 80 years and who have helped build the community and I respect

But he supported the new ordinance.

“If we were voting to keep marijuana out of our community, I would vote to do that. But we are not. Marijuana is already in our community,” Snyder said.

He said he’d rather have regulated, taxed marijuana sales in Brighton that can be controlled rather than black market sales.

“People that sell it on the black market can mix it with stuff, like fentanyl or oxy or cocaine or they put speed in it,” he said. “I would rather have people buying a known product that is well-regulated so that it is safer for them.”

Councilor Matt Johnston, who has been an advocate for Brighton re-

FAMILY CONNECTS

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February 15, 2024Fe

SETTLEMENT FROM PAGE 1

The new $10.5 million settlement includes a $2.5 million cash fine, which will be split between environmental justice grants and the general fund.

The violations lasted through June 2021. The Colorado Department of Public Health and Environment investigates Suncor violations on a two-year cycle, and is still probing air pollution releases from the past two and a half years, said Michael Ogletree, director of the department’s Air Pollution Control Division.

With Canada-based Suncor reporting $2 billion in profits from the third quarter of 2023 alone, “it’s a really good question” whether a $2.5 million fine is enough to change Suncor’s behavior, Hunsaker Ryan said.

“What I would say is, we are limited in the penalties that we can assess by law,” she said. It’s also important for the state to protect the community by reaching a reasonable settlement “that’s not going to drag out a long time, but get some

meaningful action,” she said.

The settlement is not part of Suncor’s application for a renewed air pollution permit for part of the sprawling Commerce City refinery, which is still pending revisions at the state health department.

State officials said the violations from July 2019 through June 2021 often involved power disruptions.

Violations cited include: - Exceeding EPA and state emissions limits on sulfur dioxide, carbon monoxide and nitrogen oxides.

- Exceeding hydrogen sulfide concentration caps.

- Exceeding opacity and visible emissions standards.

- Violations from causes other than power outages.

Suncor, the only vehicle and airplane fuel refinery in Colorado and one of the few in the West, has long been a target for environmental and community groups, as well as state regulators, for both local pollution violations and greenhouse gas emissions. Suncor has responded that it has made continual improvements to both refining and monitoring equipment to better protect the community, and that the plant is an important economic engine for the neighborhood and Colorado.

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A fire at the refinery in December 2022 disrupted operations for months, and may have contributed to an increase in fuel prices for Colorado drivers. Some environmental advocates have called for an outright denial of future permits for Suncor and a closure of the refinery, but state officials have never endorsed those calls.

The latest settlement also include a deal for more intensive fenceline monitoring and community alerts about air pollution releases in Commerce City. A 2021 state law required Suncor and three other large facilities to implement fenceline monitoring of certain toxins and sharing data with the public. Suncor had sued the state in 2022 over how Colorado was applying monitoring regulations to the refinery.

The deal will have Suncor doubling the number of monitors from its latest proposal to the state, officials said. Suncor will also expand

the number of toxins monitored from the minimum list in the 2021 law. Colorado had required covered facilities to monitor and alert for hydrogen cyanide, hydrogen sulfide and benzene. Suncor has agreed to also monitor toluene, ethylbenzene and xylenes, state officials said.

Suncor will also alert the public sooner than previously required when certain pollution thresholds are crossed, Ogletree said. For some compounds, alerts were triggered when releases hit the EPA’s more stringent one-hour thresholds for certain toxins. By the end of 2024, when the monitoring equipment is fully in place, those compounds will trigger alerts after reaching the lower four-hour thresholds.

This story was printed through a news sharing agreement with The Colorado Sun, a journalist-owned nonprofit based in Denver that covers the state.

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THANK YOU

FROM OUR COMMUNITY TO YOURS We hit over $30,000 in contributions for Local News, and it’s all thanks to YOU! Local news is the heartbeat of our community. It keeps us connected and informed. Your contributions ensure that we keep bringing you the news that hits close to home.

Every dollar counts, and together, we’re keeping local news strong.

Linda Shapley, publisher • lshapley@coloradocommunitymedia.com

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@ 7pm / $45-$999 Ball Arena, 1000 Chopper Circle, Denver

Martin Gilmore: Midwinter Bluegrass Festival 2024 @ 5pm Ramada Plaza by Wyndham Northglenn/Denver North, 10 E 120th Ave, Northglenn

CHSAA State Wrestling Championships - Session 1 2A/3A Preliminaries @ 12pm / $15 Ball Arena, 1000 Chopper Circle, Denver

Sat 2/17 Teen Club : FREE Movie Night

Wed 2/21 Camp David Presentation by Debra Bullock

Bruce Cook: Park Center Lounge @ 5pm Park Center Lounge Karaoke Bar & Grill, 12011 N Pecos St, West‐ minster

@ 12am Feb 17th - Feb 16th Fort Lupton Community / Recreation Cen‐ ter, 203 S. Harrison Avenue, Fort Lupton.

303-857-4200

Sun 2/18

Featured

Glow Concert- Tchaikovsky Symphony No. 5

Featured

@ 5pm Eagle Pointe Recreation Center, 6060 E. Parkway Dr., Commerce City. 303-2893760

Junior Ranger @ 8pm Eagle Pointe Recreation Center, 6060 East Parkway Dr., Commerce City. 303-2893760

Thu 2/22 Featured

@ 5pm Eagle Pointe Recreation Center, 6060 E. Parkway Dr., Commerce City. 303-2893760

Men's Basketball Rec League

Discovering Italy: Italian 101 with Scott Thomas @ 6pm 8371 North�eld Blvd, Denver, C� 80238, USA, Commerce City 2/15 Monthly Birthday Celebration! @ 8pm Eagle Pointe Recreation Center, 6060 E. Parkway Dr., Commerce City. 303-2893760

Great Backyard Bird Count @ 9am / Free Barr Lake State Park, 13401 Pica‐ dilly Rd, Brighton. 303-659-4348 ext. 53 Six Pack Series Winter Westminster 5 mile & 5k @ 9am / $27-$32 10600 Westminster Blvd, Promenade Ter‐ race, Westminster

@ 7pm Feb 18th - Mar 31st Fort Lupton Recreation & Parks De‐ partment, 203 S Harrison, Fort Lupton.

303-857-4200

Brighton Music Choir & Orchestra Classical Concert @ 10:15pm Eagle Pointe Recreation Center, 6060 E. Parkway Dr., Commerce City. 303-2893760

The best place to promote your events online and in print. Visit us @ https://westminsterwindow.com/calendar

Denver Nuggets vs.

Washington Wizards @ 7pm / $39-$2965 Ball Arena, 1000 Chopper Circle, Denver Calendar information is provided by event organiz‐ ers. All events are subject to change or cancella‐ tion. This publication is not responsible for the ac‐ curacy of the information contained in this calendar.

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10

February 15, 2024Fe

BRIEFS A publication of

Community Development open house

BELEN WARD Community Editor

Fort Lupton’s community development staff will host an open house on the third Wednesday morning of each month to provide residents, businesses, and development professionals the opportunity to meet with staff in a casual setting. Welcome Wednesdays will be held at the Community Development Office, 1200 Dexter St Unit W13, from 7:30 to 9:00 am, on the third Wednesday of each month.

The next open house will be on Feb. 21.

Participants will have the opportunity to ask general questions and learn about building permits, active development projects and the common steps of a development process, business resources, waterwise landscaping options and programs and more.

JOHN RENFROW Sports Editor

Community Art Show registration is open

Call first: 143 S. 2nd Pl., Brighton, CO 80601 Mailing Address: 750 W. Hampden Ave., Suite 225 Englewood, CO 80110 Phone: 303-566-4100 Web: FtLuptonPress.com To subscribe call 303-566-4100 LINDA SHAPLEY Publisher lshapley@coloradocommunitymedia.com

MICHAEL DE YOANNA Editor-in-Chief michael@coloradocommunitymedia.com

SCOTT TAYLOR Metro North Editor staylor@coloradocommunitymedia.com

bward@coloradocommunitymedia.com

jrenfrow@coloradocommunitymedia.com

TERESA ALEXIS Marketing Consultant Classified Sales talexis@coloradocommunitymedia.com

AUDREY BROOKS Business Manager abrooks@coloradocommunitymedia.com

LINDSAY NICOLETTI Operations/ Circulation Manager lnicoletti@coloradocommunitymedia.com

Columnists & Guest Commentaries Columnist opinions are not necessarily those of the Press.

We welcome letters to the editor.

Please include your full name, address and the best number to reach you by telephone.

Email letters to staylor@coloradocommunitymedia.com Deadline Tues. for the following week’s paper.

Fort Lupton Press (USPS 205880) A legal newspaper of general circulation in Ft. Lupton, Colorado, Fort Lupton Press is published weekly on Thursday by Colorado Community Media, 143 S. 2nd Pl., Brighton CO 80601. .

PERIODICAL POSTAGE PAID AT Ft. Lupton and additional mailing offices.

POSTMASTER: Send address change to: Fort Lupton Press, 750 W. Hampden Ave., Suite 225, Englewood, CO 80110

Registration for Fort Lupton’s annual Community Art Show is open and available to local community artists ages 16 and up. Each artist may submit up to two eligible pieces. View submission guidelines and register on the city’s website today: https:// www.fortluptonco.gov/971/AnnualCommunity-Art-Show.

Blessings in a Bag

Fort Lupton’s Backpack Program helps school children in need with a backpack of healthy food. It’s an allvolunteer 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.

Severe Weather Soliciting and Scams

Fort Lupton officials are warning that severe weather and natural disasters attract out-of-town contractors and solicitors. Not all “storm chaser” contractors are scammers but some may be.

The City of Fort Lupton does require solicitors to obtain a license before they go out and engage in sales.

More information and the application for a solicitors/peddlers license can be viewed here: https://www.fortluptonco.gov/552/ Mobile-Food-Vending-LicenseSolicitorsPe?fbclid=IwAR2miHGz65HnRzy0zgs-mXikm3bANJ056VP5qgK4WZFBEfAk-T8G-dGrCk Contact your insurance company and ask about your policy coverage and filing requirements.

Water aerobics

Do your research: Find businesses you can trust and preferably local.

Resist high-pressure sales. Some storm chasers use tactics such as the “good deal” you’ll get only if you hire the contractor on the spot.

The city’s water aerobics class meets from 6 to 6:45 p.m. Tuesdays and Thursdays at the Fort Lupton Recreation Center, 203 S. Harrison Ave. Call 303-857-4200.

Donation time

Walk with a doc

The Fort Lupton Food & Clothing Bank is asking for donations of canned fruits and nuts, varieties of dry pasta and pasta dinners, peanut butter and canned meat such as tuna (including the pouches).

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., on weekdays between 9 a.m. and 4:30 p.m. Call 303-8571096.

Drop-in child care

The Fort Lupton Recreation Center offers drop-in child care from 9 to 11 a.m. Mondays and Wednesdays or Tuesdays and Thursdays. There is $3/hour/child for a drop-in, however there is no fee for members with a monthly or annual pass. There is a one-hour maximum/per day.

Call 303-857-4200 for more information.

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.

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.

Silver Sneakers

Silver Sneaker Yoga is available three times per week, Mondays, Wednesdays and 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.

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 fun talk.

Coffee group

Fort Lupton’s weekly coffee group sessions are at 8 a.m. Wednesdays.

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.

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 offering a warm line (303-280-6602) for those who want to talk to mentalhealth professionals about anxiety, lack of sleep and strained relationships, among other topics. The professionals can facilitate referrals to other programs for assistance.

The line is not for crisis intervention. Those feeling unsafe or suicidal should call Colorado Crisis Services (1-844-493-8255) or text 38255 or visit the Behavioral Urgent Care Center, 2551 W. 84th Ave., Westminster.

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.

11

February 15, 2024

300 college dropouts to get associate degrees

BY JASON GONZALES CHALKBEAT COLORADO

Colorado state leaders are celebrating the first 300 students to receive an associate degree through a program meant to award students who earned at least 70 college credits but never finished their four-year degree.

Colorado is believed to be one of the first states in the country to offer this type of program, which was launched in 2021 through $1 million in pandemic relief funds.

The state estimates that more than 25,000 former college students statewide may be eligible for an associate degree under the Colorado ReEngaged Initiative, or CORE. Several thousand students are also expected to become eligible to take part in the program each year, according to a news release from Gov. Jared Polis’ office.

“CORE is a great opportunity for Coloradans to get a degree and advance their careers,” Polis said in the release. “So many Coloradans who are

Colorado’s CORE Initiative seeks to get associate degrees to students who completed at least 70 hours of their four-year education but dropped out.

PHOTO BY ELI IMADALI FOR CHALKBEAT

forced by their circumstances to step away from education have invested so much time and money, yet don’t have the degree to reflect their hard work.

I am proud that Colorado is providing students and institutions with the tools they need to help Coloradans get degrees and fill in-demand, goodpaying jobs.”

So far, seven colleges and universi-

ties have participated in the program, including Colorado State University’s Fort Collins and Pueblo campuses; Fort Lewis College; Metropolitan State University of Denver; University of Northern Colorado; and University of Colorado’s Colorado Springs and Denver campuses.

Western Colorado University plans to take part in the program starting

this year.

The Bureau of Labor Statistics shows that students who have completed some college, but did not earn a degree make about $935 a week on average. Meanwhile, an associate degree increases weekly pay by about $70 more a week.

The governor’s office said the program also increases the number of Coloradans with a degree or certificate and helps them secure employment in higher paying careers. The program also may entice former students to return to college, the release says.

Lawmakers and school officials across the state have applauded the impact of the program.

Beth Myers, an associate vice chancellor at CU Denver, said it’s lifechanging for students.

“I heard one graduate tell her mother that her coursework wasn’t for nothing,” Meyers said in the news release.

“It was worth the investment.”

Chalkbeat is a nonprofit news site covering educational change in public schools.

12

LOCAL

VOICES

February 15, 2024F

Living with an abundance mentality

W

hen bombarded by problems, our instinct is often to fixate on lacks, not enough time, energy or resources.

We operate from WINNING a scarcity mindset governed by fear and WORDS self-protection. But shifting to an abundance paradigm alters life’s trajectory.

There are many of us who grew up with parents, grandparents, and even great-grandparents Michael Norton who lived during the Depression era. For those of us who did, we were often told stories of how they lived and survived during those lean years.

Times were hard, people became hardened, and abundance was tough to come by.

Even now, there are still those who live and work with a scarcity mentality instead of an abundance mindset. Being cautious and wise with resources is important, and not chasing foolish optimism is sound advice. We need to use good judgment when determining our condition and environment when it comes to choosing abundance over scarcity.

One of my favorite scenes from a movie that clearly depicts the scarcity mindset in a lighthearted way is found in the movie, Finding Nemo.

It’s the scene where Nemo’s dad and Dory find themselves among a flock of seagulls. The seagulls mimic their cry using the words, “Mine, mine, mine.” How often do we look at what we have and refuse to share, saying the same thing, “Mine, mine, mine?”

Living with abundance means that we carry the belief that there really is enough for everyone. It’s not just making sure we get our slice of the pie; it’s about making the pie bigger so all can enjoy it. It’s knowing that we have enough to meet our needs and looking at how we can help oth-

ers who might be in a time of need.

Learning to live with abundance takes away the edge and worry about what will happen next. It not only calms our fears, but it also actually increases our generosity. An abundance mindset can bolster innovation at work. Feeling strapped stifles creativity about possible solutions.

But believing options and answers exist outside of our scope of understanding liberates innovation. If resources feel scarce, we likely need to think bigger. Leaders would do well to shift from scarcity to abundance thinking to spur breakthroughs.

Abundance empowers us to stop hoarding in fear. We spend time and talents freely, trusting the well will not run dry. Saying yes to life’s invitations leads to growth. Decluttering the unnecessary makes space for joy and purpose.

Abundance thinking reframes “not enough” into “more than enough.” It believes resources exist to accomplish our divinely inspired purpose, whether launching a company or raising a child. Lack is merely a limi-

tation of vision, not actually supply.

Abundance thinking builds confidence, not arrogance. Our worth rests on grace, not works.

When we live and work with an abundance mentality instead of material scarcity, anxiety is lifted. We take bold risks toward the achievement of our goals and dreams. We create value instead of competing for those slices of the pie mentioned earlier. We breathe deeper and stand taller, empowered to change the world.

Those with an abundance mentality are generous because they believe resources exist to fulfill purpose.

They freely spend time mentoring others whose talents could one day launch world-changing ventures.

They know the water won’t run out if they pour out freely. Abundance breeds gratitude and giving.

An abundance mentality also builds resilience amid hardship.

During storms, scarcity fixates on all that may be lost. It knows setbacks are often setups for greater impact.

This mentality lifts eyes beyond the

present turmoil to see hope.

Scarcity thinking shrinks possibility and fuels fear. Adopting an abundance mentality liberates us to thrive. Despite real limitations, embracing the truth of the blessings that we have lavishly been provided transforms everything. Abundance thinking awakens courage, creativity, and deep joy.

Where are you now when it comes to living with an abundance mentality rather than one of scarcity? Was there ever a time when you made the shift from scarcity to abundance, and if so, how did that make you feel? I would love to hear your story at gotonorton@gmail.com, and when we can truly understand the impact of living with a mindset of abundance, it really will be a better than good life.

Michael Norton is an author, a personal and professional coach, consultant, trainer, encourager and motivator of individuals and businesses, working with organizations and associations across multiple industries.

13

February 15, 2024

Plan protects future oil leasing on Colorado lands

BY ERIC GALATAS PUBLIC NEWS SERVICE

The Bureau of Land Management has released its final Eastern Colorado Resource Management Plan, which will guide the use and management of over 658,000 acres of public lands for decades to come.

Conservation geographer Alison Gallensky with Rocky Mountain Wild said the plan does a good job of increasing protections for some 300,000 currently undeveloped acres, mostly along the Arkansas River between Salida and Canon City.

“By setting aside several hundred thousand acres,” said Gallensky, “to stay the way they are now, for wildlife, for the headwaters for the different tributaries into the Arkansas River.”

In addition to protecting areas for hiking, mountain biking, fishing, and hunting - which bring over $54 million into local economies - Gallensky said these lands support healthy ecosystems that can help species survive in a changing climate.

Some environmental groups criticized the BLM’s plan for keeping most acres open to oil and gas leasing, but the Western Energy Alliance

Our Family Helping Your Family MASS

defended the agency for balancing development with conservation.

The plan paves the way for future oil and gas production on BLM-managed lands in northeastern Colorado, where current production has been linked to a rise in harmful groundlevel ozone pollution and the state’s failure to meet Environmental Protection Agency clean air standards.

Gallensky said the plan, which has been in the works for nearly a decade, includes old analysis on the true risks of drilling.

“There’s been a lot of new information learned about the impacts of oil and gas

development and how to transition to cleaner forms of energy,” said Gallensky. “And that wasn’t as well integrated into the plan as it could have been.”

The plan takes thousands of acres off the table for drilling, but those acres are considered to have very low potential for tapping oil and gas.

Advocates say they will ask the Colorado BLM to address the threats of continued fossil fuel development, the primary driver of climate change, by strengthening their Big Game Resource Management Plan Amendment, which is currently accepting public comments.

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

taborfuneralhome.com

Kathy Ann (Eisenbarth) Mass November 2, 1946 - January 16, 2024

Kathy Ann Mass, 77, of Apache Junction, Arizona, passed away on January 16, 2024. She was born on November 2, 1946.

Kathy is survived by her sons, Rodney Keith Froid and wife Tiffany of Greeley, Colorado; Robert Carl Mass, of Ogallala , Nebraska; her granddaughters: Chelsea (Mass) Kubitschek and husband Ben of Lincoln, Nebraska; Kortnee Ann Froid of Courtland, Nebraska; and Lauren Froid, of Norfolk, Virginia; her grandson Braedon Froid and wife Annalyse of Greeley, Colorado her great grandchildren; Adilyn and Bodhi Kubitschek and Zeke Goodwin; her

brothers, Robert (Bob) Eisenbarth and Richard Eisenbarth both of Brighton, Colorado; her sister, Debbie (Eisenbarth) Arnold, and husband Dean of Tishomingo, Oklahoma.

She was preceded in death by her father, Robert Eisenbarth Sr.; her mother, Sally (Krantz) Eisenbarth; and her grandson, Kyle Froid.

Memory In Loving

Kathy graduated with honors from Brighton High School in 1963.

Kathy loved her family very much and will be missed by all who knew and loved her.

A memorial service is being planned in April.

Place an Obituary for Your Loved One. 303-566-4100 obituaries@coloradocommunitymedia.com Self placement available online at thebrightonblade.com

JONES

allieventcenter.com

Gordon Allan Jones

September 27, 1954 - January 25, 2024

Gordon Jones, 69, of Fort Lupton, CO, unexpectedly passed away on Thursday, January 25, 2024 from complications of a second type of cancer he developed after first successfully beating cancer.

Gordon was born on September 27, 1954 at St. Joseph’s Hospital in Denver, CO to Dudley and Mary. He graduated from Johnson High School in 1972 in St. Paul, Minnesota.

Throughout his early years, he lived in several states, before finally settling back in Colorado, where he met his wife, Keta Lockhart. Gordon and Keta were married for 41 years, and were blessed with four children, Amanda, Andrew, Jeremy and Katasha.

He had a love for learning new things and solving problems. This led him to various jobs over the years, but his true passion was driving trucks, which he learned to drive from his father-in-law to be.

His love of motorcycles, motors, cars and mechanics was formed in his High School years. With his mechanical and problem solving ability, he designed and built his own winch trucks and launched his own business, Jones Transportation, Inc., which

he operated for 23 years. Gordon was able to do things in a semi that would make most people marvel.

Gordon had a passion for food, and as an accomplished cook he enjoyed sharing his culinary talents with family and friends. He loved being around people, and made friends everywhere he went. His positive outlook was a driving force in his life, and he had the ability to see the needs of others and formulate a plan of action. He will be remembered by many for his countless acts of kindness.

A major cornerstone in Gordon’s life was his decision to serve God. His faith, commitment and service to the Lord was an encouragement to family and friends.

Gordon is preceded in death by his parents, Dudley Jones and Mary Gelhaye; and mother-in-law, Betty Lockhart. He is survived by his wife, Keta; children Amanda, Andrew, Jeremy, and Katasha (Cody); sisters, Bea Klemmensen (Matt), and Jamie Mitchell (Andy); father-in-law Melvin Lockhart; brothers-in-law and sistersin-law Greg Lockhart (Pat), Kent Lockhart, Tracy Lockhart (Julie), Kelle Hart (John), and Debbie Deshazer; numerous nieces and nephews.

14

February 15, 2024Fe

5 ways to protect yourself from viruses this winter

BY NINA JOSS NJOSS@COLORADOCOMMUNITYMEDIA.COM

This time of year, it seems like just about everyone comes down with some kind of illness. From sore throats to stomach bugs, the winter always seems to come with a vengeance of viruses.

Dr. Ming Wu, a family medicine physician with AdventHealth Littleton, has seen a dramatic uptick in viral illnesses in recent weeks.

“Flu, COVID — I definitely have positive cases in my clinic,” he said.

“But even beyond that, just viral illnesses that can’t be identified.”

Wu said there are millions of viruses, but doctors tend to only test for a handful of specific ones.

With viral illnesses generally rising among patients in the winter months, Wu said there are steps you can take to strengthen your immune system.

Although it’s hard to entirely prevent illnesses, these tips can give you a better chance of fighting off infection.

Wash your hands

Wu said practicing self-hygiene by

washing your hands is one of the best ways to prevent getting a viral illness.

“Viruses are spread through airborne particles — sneezing, coughing, those kinds of things,” Wu said.

“Touching a surface exposes you to all of those viral particles.”

For a virus to infect a person, it needs to contact a “mucous membrane,” Wu said, such as your mouth, nose or eyes.

“If you touch a surface and then you eat a piece of food or you brush your nose — anything like that — it exposes those viral particles to the mucous membranes,” he said. “If you’re able to wash your hands, keep your hands clean, you’re not exposing yourself.”

Keep your distance from sick people

Although many people associate the term “social distancing” with COVID, Wu said this practice can help a person stay healthy no matter what virus is at play.

“If someone sneezes in your face, you have a higher likelihood (of getting sick) than if you’re six feet away and someone sneezes,” he said.

He said that people who are sick

can help protect their community by wearing a mask, even if they do not have COVID. Although it is not as common in the United States, Wu said masking when sick is part of the social contract in many other places in the world.

“If you are sick and you wear a mask, you are protecting your neighbors,” he said. “You are helping prevent the spread of illness in the community.”

Health experts also often recommend that people should stay home, if they are able, to avoid infecting others while ill.

Get rest

To keep your immune system strong, rest is crucial, Wu said.

“Proper sleep and rest allow your immune system to kind of recover from the day,” he said, by giving it time to replenish white blood cells to recharge the immune system.

He said lack of sleep puts your body under stress, which can weaken your immune system.

“Stress has been shown to prevent your immune system from working

Dr. Ming Wu is a family medicine physician with AdventHealth Littleton.

COURTESY OF ADVENTHEALTH LITTLETON

as well,” he said. “If you’re exposed to a virus, it is more likely that you will get sick because your immune system is not as strong as it could be.”

SEE VIRUSES, P15

15

February 15, 2024 Eat a balanced, healthy diet

VIRUSES FROM PAGE 14

Drink water

Staying hydrated is another important way to keep your body strong to fight illness, Wu said.

“Think of (water) as the highway that allows everything to travel,” he said.

“If you are not properly hydrated, your immune system cannot travel to the places it needs to go.”

Water carries blood cells and elements of the lymphatic system throughout your body, Wu said.

He said many physicians recommend drinking eight to ten glasses, or 64 to 80 ounces, of water per day.

But more important than following strict number guidelines, Wu said, people should listen to their bodies and drink water when they are thirsty.

Although there are no individual foods that have every nutrient, Wu said it is important to eat a balanced, healthy diet that provides all of the nutrients your body needs.

Vitamin C — which is found in grapefruit, oranges, broccoli, strawberries and kale — enhances the immune system and is an antioxidant.

Wu said some studies have shown that very high doses of Vitamin C can help improve and shorten viral symptoms.

Vitamin A, an anti-inflammatory substance that helps antibodies respond to viruses, can be found in carrots and spinach, he said.

Wu said Vitamin D can also help strengthen the immune system.

“Going outside and getting sunlight — 15 minutes of sunlight, three times weekly — your body can produce the vitamin D that it needs,” he said. “But believe it or not, here in Colorado, Vitamin D is actually chronically low — I’ve seen in a lot of my patients.”

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In addition to spending time in the sun, people can also consume salmon, fortified milk, mushrooms or Vitamin D supplements to boost their levels.

Beyond vitamins, Wu said some studies have shown that probiotics can help stimulate the immune system and promote the good bacteria in the gut. In doing so, probiotics can help with nutrient absorption, Wu said.

Specifically, a probiotic called Lactobacillus casei has been shown to reduce the number of days a person is sick.

“You can get that through yogurt, kombucha, live culture cheese (or) taking a probiotic pill,” he said.

A lot of the vitamins and minerals that are required for proper immune function can be found in various foods, but no one food has them all.

That’s why, Wu said, it’s important to make sure you are consuming a variety of healthy foods and staying away from processed foods when possible.

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“Eating the healthier foods will be more beneficial,” he said. “I know, in our day and age, that is sometimes difficult with our running around, trying to do what we can. But just doing what you can, when you can, is always more beneficial than not.”

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February 15, 2024F

BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM

I

n the back of your mind, you might recall fond memories of your parents taking you to the park — or school programs busing you to faraway nature scenes.

And in the bustle of adulthood, getting outdoors may have become less of a priority in your daily schedule.

But the benefits of viewing and spending time in nature go deeper than the proverbial “getting some air.”

In fact, it can lower blood pressure and is linked with lowering levels of stress, depression and anxiety, according to the National Park Service.

One easy way to capture those benefits is hiking, a word that conjures images of mountains and rugged dirt trails. And in Colorado, chances are you’ve met someone with a “hiker” persona:

lots of gear, often heading out on weekends, probably driving a Subaru.

But hiking doesn’t have to be so extreme. It doesn’t even have to involve big hills.

In the purest sense, it’s just a long walk for pleasure or exercise. And if you live in any of the counties around Denver, the good news is you’re never far from a hiking spot.

That includes places with breathtaking views in Douglas County.

“Most Douglas County staffers will tell you that the open space that they like best is the last one they got to hike,” said Dan Dertz, director of Douglas County’s open space office.

From Georgetown in the mountains to the plains of Elbert County, here’s a look at hiking spots for beginners and seasoned veterans alike — and some tips if you’re new to the activity.

Douglas County

If you’re just starting out, one of the easiest

hiking trails in Douglas County is Bluffs Regional Park, Dertz says.

Just a few miles from Park Meadows mall, Bluffs Regional Park offers sweeping views of the mountains and the Denver metro area. It’s a short drive south of Yosemite Street and Lincoln Avenue near Lone Tree.

If you’re seeking high elevation and more of a challenge, try Spruce Mountain Open Space Trail. That’s off Spruce Mountain Road south of Noe Road, west of Interstate 25.

There are no costs for parking or access at those hiking spots.

Jefferson County

For an easy and flat hike not far from downtown Denver, try Crown Hill Park off 26th Avenue in the Wheat Ridge area. Its trailways offer lakeside views.

SEE TAKE A HIKE, P17

February 15, 2024

17

TAKE A HIKE FROM PAGE 16

One of the higher-elevation spots in Jefferson County for a hike is Elk Meadow Park in the Evergreen area. There, you can brave a 2,100-foot elevation gain from the Stagecoach Boulevard trailhead to the 9,708-foot Bergen Peak, according to Jefferson County Open Space.

All Jeffco Open Space parks are free to access and open to the public one hour before sunrise to one hour after sunset, according to the county.

For information on park closures, see the county’s alerts and closures webpage.

Clear Creek County

Asked about lesser-known spots for hiking in Clear Creek County, Jon Butcher, a county staffer, said: “The Silver Creek Trail is probably the coolest but hard to get to.”

“It is a wagon road built in the mid-to-late 1800s that is flat once you get there,” said Butcher, the county’s recreation facilities manager.

For easiest access, park at Georgetown Lake and take the part of Tom Benhoff trail on the south side of the lake, then head uphill on Purdy or Dunbar- A trail meanders through Columbine Open Space in Douglas County.

COURTESY OF DOUGLAS COUNTY ton trails to get to Silver Creek Trail. Once there, head east for about 4 miles one way or 8 miles out fields, and trail access is at the northwest corner of Chris Barker, a county spokesperson. “Visitors and back. the parking area. that provide information on wildlife interactions In a mountain county, trails are better suited to All trails in Elbert County mentioned above are play a critical role as stewards and partners in experienced hikers. open to pedestrians, bikes and horses and closed managing wildlife.”

“As far as ‘easy trails’ lacking too much elevation to motorized vehicles, according to the district.

All reports are anonymous. You can report wildchange, I would suggest Alvarado, Georgetown Free parking is available near all trail access life sightings, encounters or incidents at jeffco.

Lake, Meadow Loop at Floyd Hill or any of the points. us/3620/Human-Wildlife-Interactions.

Greenway Trails,” Butcher said.

The trails are accessible for free.

Staying safe Navigating snowy season For beginners, here are some tips for hiking For hiking amid snow this winter and early Elbert County from Jefferson County Open Space, especially for spring, here are some tips from Jefferson and In the plains of Elbert County — east of Douglas challenging routes: Clear Creek counties for staying safe in challengCounty and southeast of Aurora — wide-open ru• Pick up a physical map near a trail parking ing environments: ral views are the norm. area, or use a mapping app like COTREX. (You • Bring traction devices for your shoes or boots, But for a trail maintained for the public, look to can download offline maps to navigate trails for or trekking poles, for snow-packed or icy trails. the Elizabeth area. when you don’t have cellular service.)

• If heading to parks alone, let someone know One trail runs for 1.3 miles with access at Run• Bring a compass if you know how to use one. where you’re going and your anticipated return ning Creek Elementary School on the south and • Dress in layers or have extra layers for warmth time just in case.

Evans Park on the north, said Eric Larson, an El- or rain protection.

• Check online for park or trail closures in case bert County staffer.

• Use sunscreen, hats and long sleeves for sun snowy conditions begin to thaw and create mud(Flooding last summer washed out the trail at protection. dy trails that are closed.

Colorado Highway 86. Repairs are slated for this • Bring extra food and plenty of water for your• Know what layers to bring: Synthetic fabric or summer, intended to return the path to its full self and your pets. wool are best as they tend to provide some insulalength and useability.)

• Have a flashlight in case you get caught out af- tion even when wet. Avoid cotton.

Once in Evans Park, the town trail connects with ter dark.

• Bring a map. Remember: Many trails in lessa small trail that loops through a wooded section • Bring a first-aid kit. populated regions go outside phone coverage arof the park.

• Bring matches in case of an emergency. (Gen- eas. Have a full phone battery and keep it warm.

“The most significant, and perhaps only other erally, Jeffco Open Space does not allow fire or • Bring a flashlight or headlamp with spare batpublicly accessible, trail in the county is located open flame in its parks.) teries. in Casey Jones Park at 4189 Highway 86” in the • Have emergency shelter, such as a tent or tarp.

• The snow off trails can be deep. If going off Elizabeth area, said Michael Barney, director of Be on the lookout for wildlife. Jeffco Open Space trail, bring gaiters and skis or snow shoes.

Elizabeth Park and Recreation District. That park tracks human-wildlife interactions in parks and • Do not enter avalanche terrain unless you is next to Evans Park. surrounding neighborhoods. have the needed training and equipment.

The trail is roughly 1.4 miles and passes through “We strive to balance the protection and preser“Know the limits of your fitness and clothing,” the northern wooded section of the 103-acre park. vation of wildlife and their habitat while promot- Butcher said. “Turn around if either of them are It’s best reached by parking north of the baseball ing a safe and positive visitor experience,” said failing to keep you comfortable.”

Left: A group stands as the sun goes down at Bluffs Regional Park in the Lone Tree area of Douglas County.

COURTESY OF DOUGLAS COUNTY

18

February 15, 2024Fe

Northglenn presents thoughtful talk, and cake, too Dasha Kelly Hamilton’s “Makin Cake” a Black History Month highlight

BY MONTE WHALEY MWHALEY@COLORADOCOMMUNITYMEDIA.COM

Acclaimed storyteller Dasha Kelly Hamilton decided years ago that the best way to approach issues like race and equity is not through a stern lecture. Instead, she opted to bake a cake.

“I just got an idea of how we could tell stories about ingredients,” Kelly Hamilton said this week, “and how ingredients come together to bake a cake.”

“It’s something we can all talk about,” said Kelly Hamilton, whose touring show “Makin Cake” will be in Northglenn on Feb. 24 “And we can get people to bake a cake together.”

“Makin’ Cake” looks at how putting together a layered cake can start conversations about race, culture, and class entertainingly and thoughtfully, she said. She and the audience can talk about how sugar is an important ingredient for most cakes but for centuries sugar was

too expensive for poor people to use.

Until recently, cakes took almost a week to make. That was too long for people who had to work long hours just to put food on the table, Hamilton said.

She invites audience members to also talk about their own experiences in baking a cake. The result is that many people find a common ground to talk about otherwise touchy issues.

“It’s a way of talking about this life we are working through,” she said.

“We don’t have to have a discussion that results in a winner or a loser.

That’s how politics is these days. We can do so much more.”

Guest chef

Her “Makin Cake” show has been touring since 2017 and she makes about 15 stops a year. She said she tries to bring audiences into her unique brand of talk by cutting into a cake on stage, sometimes with the help of a local celebrity.

Her show is scheduled for Saturday, Feb. 24 at 7:30 p.m., at Northglenn’s Parsons Theatre. It is part of a series of culturally enriching performances at the Parsons Theatre to celebrate Black History Month, said Terra Mueller, director of marketing

for the city of Northglenn.

“These events aim to celebrate the rich history and invaluable contributions of Black Americans through a diverse range of artistic expressions,” Mueller said in a news release.

Cleo Parker Robinson is scheduled to be the celebrity guest baker for “Makin’ Cake.” Robinson is the founder and executive director of the Cleo Parker Robinson Dance Ensemble in Denver.

Kelly Hamilton is described as a spoken word artist and “creative change agent” and was Artist of the Year for the City of Milwaukee and the city’s 11th Poet Laureate, according to a profile in the Milwaukee Community Journal.

She has performed on HBO and hosts live storytelling events for The Moth and is an internationally traveled speaker. Her nonprofit, Still Water Collective, initiated literary arts programming for 20 years, according to the Journal profile.

Hamilton said audiences usually leave her performances with a different perspective on race and culture in America.

“I had one woman tell me that the show allowed her to access her blind spots,” Kelly Hamilton said. “It allows people to be curious and to

Northglenn’s Parsons Theater presents Dasha Kelly’s national touring show “Makin’ Cake” that delves into American history through engaging storytelling, digital media, and the art of baking.

COURTESY

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“I like to think that with this show,” she said, “everybody wins.”

For tickets, people can go to Secure your tickets at bit.ly/NGARTSMakin-Cake

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February 15, 2024

Chabad of NW Metro Denver a Westminster fixture and open to all Rabbi vows not to let people forget Oct. 7 attack on Israel

BY MONTE WHALEY MWHALEY@COLORADOCOMMUNITYMEDIA.COM

Rabbi Benj Brackman wants the Chabad of NW Metro Denver to be more than a sanctuary of quiet worship for area Jews in northwest Denver. Brackman and his wife, Leah, have also pieced together a diverse menu of outreach programs at the Chabad center to enrich everyone – both Jews and non-Jews.

“Our goal is to reach out to many and be more creative in our programming,” Brackman said. The facility has been a fixture in Westminster in its current form since 2004 and draws hundreds of Jews for a variety of activities.

There are summer day camps for kids where there is plenty of splashy fun. There are also outreach efforts at local nonprofits and kindness workshops for children where good character is extolled as a prime virtue.

“We want to encourage children to be generous and not jealous of

others,” Brackman said.

There are community dinners, a Hebrew school, adult education classes and a women’s circle. There is even a men’s group that bakes challah bread.

“Our women’s group takes great pride in making our challah bread, so we decided to engage our guys and make the bread,” Brackman said.

Refusing to forget

All of that became a backdrop on Oct. 7 when Israel was attacked by the terrorist group Hamas, triggering weeks of bloody fighting and trauma through the Chabad of NW Metro Denver community, Brackman said.

“For about 50% of Jews, this was the biggest tragic event in their lifetimes,” Brackman said. “Many had relatives who were killed, kidnapped, or are involved in the fighting,” he said. “It struck a lot of people very heavily.”

Meanwhile, Brackman said his job is to keep Oct. 7 on the minds of those he serves daily as a religious lead and program director. “It’s surprising how close people are to what’s happened in Israel.”

“And we won’t let people forget,” Brackman said.

The center put out 200 vacant chairs against a long table in front of the center to mark those kidnapped Oct. 7. A candlelight vigil was held in Westminster as well.

“Each of those events were a positive way to channel the grief that is now in Israel,” Brackman said.

At the same time, neighbors and others dropped off positive notes and flowers at the center. Random people on the street offered their support as well.

“There was just an outpouring of love in the community,” Brackman said. “It’s been wonderful.”

There have also been no threats or harassment directed at the center, he said. Westminster police have reported the same, city spokesman Andy Le said via email.

The synagogue reminds people of the Jewish experience on Feb. 18 when Holocaust survivor Estell Nadel and her work is commemorated. The launch of her book “The Girl Who Sang” will be marked by an evening of songs supplied by the Colorado String Quartet.

Nadel, who died last year, was well-known for speaking to children about the Holocaust. She did so without frightening them but relating her experiences to their level, Brackman said.

Rabbi Benji Brackman helps lead Chabad MONTE WHALEY Of NW Metro Denver.

“Children like to hide, and they can understand when Estell would talk to them about hiding,” he said.

“Nobody else could do what she did.”

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LOCAL

February 15, 2024Fe

SPORTS A new view for Prairie View alum

Brown enjoys the view he gets coaching JV basketball

“I’ve always loved the game, but I thought I would be playing it now, maybe overseas,” Brown said.

“When that didn’t happen, I was more open to the possibility. My dad coached football. I had an inkling that it was something I could do. But I always thought it would be football.”

BY STEVE SMITH SSMITH@COLORADOCOMMUNITYMEDIA.COM

Football vs. basketball

Like many high school students, Tylor Brown ventured into athletics. He played football and basketball and ran track at Vista Peak Preparatory School in Aurora. Brown also played one season of football at Prairie View High School in Brighton.

And, like a lot of high school students, Brown realized — for various reasons — that college athletics might not pan out.

But Brown knew he didn’t want to leave sports if he could help it, so he got into the coaching world. He is now the JV boys basketball coach at Denver School of Science and Technology (DSST): Elevate Northeast High School.

This wasn’t exactly on his radar, but Brown is excited to mentor the next generation of athletes.

“I always played both. But I thought the opportunity would present itself sooner in life through football because my dad had people in the network,” he said.

Brown said coaching those sports presents its own set of challenges.

“Football is harder. You have bigger teams, and when it comes to 15- and 16-year-old boys, attention spans are dwindling, especially with the phones,” he said. “I can’t imagine having a team of 35 or 45 kids. That would be hard.”

Basketball is a bit easier, and he’s found he can make a bigger impact on his team. In the past three years, he’s developed more of the Xs and Os of basketball.

SEE NEW VIEW, P21

DSST: Elevate Northeast High School JV Coach Tylor Brown rallies his team during a timeout in a recent contest against Montbello. Brown is a former Prairie View High PHOTO BY STEVE SMITH School student athlete.

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NEW VIEW FROM PAGE 20

B E

“It’s been exciting and fun for me,” Brown said. “I’ve always loved basketball as a sport. I’m looking at the game from a different view. If I’m watching the Nuggets, it’s mostly entertaining.

I try not to analyze everything. But I can’t turn it off. I notice a play, and I’m like, ‘That’s really nice. I could install that.’”

Coaching tree

Brown has taken several aspects of other coaches to mold his style.

“The first year — when they were all freshmen — the basis was to collect all the things I remembered that helped me get better, whether it was drills or plays,” Brown said. “I tried to think of the coaches I disliked and why. Then I thought about the coaches I really liked and what they did to bring the best out of me.”

Brown said Antoine Jones, a former collegiate player at the University of Pittsburgh, had the most impact.

“By the time I was playing for him, he was 36 or 37 and still dunking on us,” Brown said. “It was a different coaching style that I respected, and it was easy to respect him. And it was easy to feel like he had your back. That was the biggest thing that stuck with me. I wanted to be sure I had that for the boys.”

From the ground up

Elevate Northeast High School is just three years old. There was no basketball program the first year because the gym wasn’t finished.

“I met them their freshman year. We started doing open gyms,” Brown said.

“We were at Rachel B. Noel Middle School. We had an eight-week boot camp, working on drills, introducing them to me and vice versa. We were trying to see if the athletic director liked that, then I’d come on for the first year.”

The first year of the program featured a ‘C’ team of mainly freshmen.

This year, there are four juniors, six to seven sophomores and three freshmen on the squad. The Bulldogs will have a varsity team next year, but it will be another year after that before it’s eligible for the state playoffs. It’s a standard practice for new schools in the state.

Brown wants to make sure that his young team is taking the right steps to be a competitive team, even though this year’s juniors won’t be on that

21

DSST: Elevate Northeast High School JV Coach Tylor Brown shows his approval as Paolo Petrov of the Bulldogs heads PHOTO BY STEVE SMITH up the floor.

first CHSAA-sanctioned varsity roster.

“I’m trying to make sure we’re grooming the guys and giving them that confidence, knowing that they’re going to be a starter or moving from the bottom of the bench to being in the rotation,” Brown said. “At the same time, we want to win now. I’m trying to make sure to put them in the best position with their current skill level.”

Even that part of coaching can be frustrating for Brown.

“I’m like, ‘OK, we’ve mastered that.

Let’s move onto something else,’” he said. “And then they’ll forget. I’m like, ‘You’ve got to retain this. Just because we’re working on something else, doesn’t mean that’s not part of what we’re doing.’”

Self-reflection

Brown has taken some time to think about what coaching has done for him.

“I’m passionate about sports, and it’s showing me something even bigger than sports,” he said. “It’s being there for young men and trying to help them be the best young men they can be when they turn 18.”

There are some upsides and some down ones, too. But overall, Brown is happy.

“It’s easy. I enjoy them. I’ve built bonds with them, so it feels like a small family,” Brown said. “But it’s also hard because of the focus and, sometimes, the classroom. It’s little things. And for me, personally, it’s harder. I’m not a school employee. I don’t have an eye on them.”

But as Brown settles into his new role, he’s confident he can take his teams to the next level.

Visit DSST: Elevate Northeast High School on Facebook for more information.

20 24

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February 15, 2024Fe

Petition seeks keep Westminster Hills Open Space leash free Proposal would drastically cut the area where dogs could sniff and run without restraint

BY MONTE WHALEY MWHALEY@COLORADOCOMMUNITYMEDIA.COM

At least 2,168 signatures have been collected for an online petition aimed at stopping the city of Westminster from drastically cutting back on the amount of land set aside for off-leash dogs to roam on the 1,000acre Westminster Hills Open Space.

The petition was started by Tamara Kramer on Feb. 1 and quickly gained traction, say petition organizers.

The city is proposing cutting the

Lauren Gibbs, son Hayden and dog Husten enjoy a day at the off-leash area at Westminster Hills Open Space. Users have filed a petition with the city hoping to preserve MONTE WHALEY the park’s off-leash status.

current 400 acres of off-leash open space at Westminster Hills to just 40 acres, with the remaining 360 acres designated for on-leash use, according to Kramer’s petition.

“This decision would impact approximately one million annual visitors (to Westminster Hills) and disrupt the daily routines of local residents who cherish this beloved park,” the petition states.

The proposal would diminish the park’s size and increase congestion, potentially leading to conflicts among dogs, the petition states.

Most who signed the petition are from Westminster and surrounding communities and have made the dog park a huge priority stop for themselves and their canine companions.

SEE PETITION, P23

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23

February 15, 2024

PETITION FROM PAGE 22

Tracie Hagie said in news release sent with the petition that “since we do not have human children, we shopped for dog parks, not school districts. Many people who live in this area bought their house here just to be near this one-off-a-kind Off-Leash Dog Park,” Hagie states.

The dog park draws 1,000 visitors per day and over a million visitors a year, according to a City of Westminster survey. Hagie said local businesses would take a significant hit should the dog park be scaled back, Hagie said.

Jesse Porter, who lives in Henderson, brings his dogs Laila and Louie to the park as often as we can. Laila – traumatized by fireworks in 2020 – will no longer walk on a leash unless on a hike in the mountains, Porter said. The off-leash portion of

Westminster Hills is the only other area she will walk that is nearby, he said.

“There is really so much room that everyone can enjoy it,” Porter said. “It’s such a unique area and it would be sad for everyone if Westminster lost it.”

Lauren Gibbs travels from her home in central Denver with her dogs Husten and Archer at least three times a week to visit the offleash area. “There are so many trails here that they (the dogs) don’t get bored. And they need to be able to run and be with other dogs,” Gibbs said.

“If they close off this area, I will really be disappointed,” Gibbs said.

Many users, one park

The issue with the off-leash area is part of an overall assessment of how the crush of annual visitors are impacting Westminster Hills Open Space, say city officials. The open space is home to several at-risk ani-

mals and birds as well as plants and grassland, the city says.

Unleashed dogs can chase away wildlife from an area and cut the amount of habitat wildlife needs to survive, according to a November 2023 study of the open space. Dog feces can also add nitrogen to the soil, leading to the growth of nonnative plants, the survey said.

The city’s findings about conditions at Westminster Hills Open Space can be found at the Westminster Hills Open Space page: https://www.westminsterco.gov/ WHOS City spokesman Andy Le said via email that the city is trying to serve the needs of the public as well as protect the unique character of the open space.

“The City has heard loud and clear from the community about their desire to protect and preserve Westminster Hills Open Space for our collective enjoyment. We share that same desire,” Le said.

The city is just starting to piece together a management plan for Westminster Hills and no decision have been made about the offleash dog area.

“Over the past several years, the City has been looking for solutions that best balance the need to protect our natural open spaces and preserve the community’s ability to enjoy Westminster Hills. Simply put, Westminster Hills is being loved to death, and we are exploring strategies to protect and preserve a beloved destination for our community,” Le said.

The city will come back to the community in early March with a set of options and scenarios for community feedback, Le said.

“After we have engaged the community, we will present to City Council in a public meeting, and the community will again have another opportunity to voice their feedback to City leadership,” Le said.

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February 15, 2024Fe

Proposal could overhaul Colorado school funding Changes could boost English learning programs, rural districts

BY JASON GONZALES CHALKBEAT COLORADO

A proposed overhaul of Colorado’s school funding formula is being hailed as long overdue, though lawmakers are wondering how they’ll pay for it and some education advocates say it’s only a partial answer to decades of underfunding.

Under the proposal, Colorado schools would get more money to meet the needs of English learners and students with disabilities, and rural districts would get more funding to address their challenges.

If adopted, it would be the first major change in 30 years to how Colorado divvies up funding to schools. The proposal, released this week, is the work of a 17-member task force that managed to reach agreement on thorny issues that have tanked previous efforts to reform the current formula, which is widely viewed as out-of-date and unfair.

“With the formula change, the state can really target those resources to the kids who need the most,” said task force member Brenda Dickhoner, CEO of the conservative education advocacy group Ready Colorado. “We are really moving away from a one-size-fits-all educational model to a really individualized model that takes place in a variety of different types of educational settings. And I think that is

what’s going to close our achievement gaps.”

But the new formula would require about $474 million to implement — a roughly 8.9% increase in state education funding — when lawmakers already expect a tight budget year and want to spend money on other priorities, including higher education.

And some proposed changes could get pushback. Even task force members disagreed on some details, such as how to fairly account for higher costs in different parts of the state. State Sen. Rachel Zenzinger, an Arvada Democrat who will co-sponsor the school finance act, said she’s open to the recommendations. But she also wants to better understand how the new formula — which would permanently increase education funding — would affect

spending in future years, especially because the state would need to use its savings to pay for the changes.

“I originally thought that we should definitely not do anything this year,” said Zenzinger, vice chair of the legislature’s Joint Budget Committee. “Now having read the report, I’m more open to contemplating changes that we can make this year.”

What does the formula do?

In a letter from the task force, Chair Chuck Carpenter, who also serves as Denver Public Schools chief financial officer, said the legislature charged the group with creating a “simpler, less regressive, more adequate, understandable, transparent, equitable, and student-centered” school finance formula.

SEE PROPOSAL, P40

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Public Notices call 303-566-4123 Legals City of Brighton Public Notice ORDINANCE NO. INTRODUCED BY: Green AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE VACATION OF A PORTION OF AN EXISTING 10 FOOT UTILITY AND DRAINAGE EASEMENT GENERALLY LOCATED TO THE NORTH OF THE GATEWAY STREET ALIGNMENT, SOUTH OF EAST 120TH AVENUE, EAST OF SOUTHGATE BOULEVARD AND WEST OF SOUTH PLATTE VALLEY AVENUE, MORE PARTICULARLY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO WHEREAS, the City of Brighton (the “City”) is the grantee of an easement, generally located to the north of the Gateway Street alignment, south of East 120th Avenue, east of Southgate Boulevard and west of South Platte Valley Avenue, and as more particularly described in EXHIBIT A, attached hereto (the “Easement”); and WHEREAS, Walk Off LLC (the “Owner”) has requested approval of the Brighton Ridge Subdivision Filing No.1 Easement Vacation, attached hereto as EXHIBIT B and incorporated herein (the “Easement Vacation”); and WHEREAS, City staff used the criteria and procedures outlined in Section 2.13 of the Land Use & Development Code to review the Easement Vacation; and WHEREAS, notice of the City Council hearing to review the Easement Vacation was published in accordance with the Land Use & Development Code; and WHEREAS, the City Council opened a hearing on February 6, 2024, where it conducted its review and considered the Easement Vacation; and WHEREAS, at the hearing, the City Council received and considered all relevant evidence and testimony from City staff, the Applicant, and other interested parties, including the public at large; and WHEREAS, City Council hereby finds and determines that: (i) there is no public purpose for the Easement; (ii) the Easement is not necessary to meet the intent or standards of the Land Use & Development Code; (iii) the Easement Vacation does not adversely impact adjacent landowners or remove any necessary access to property; and (iv) the Easement Vacation meets the requirements of the Colorado Statutes, the Colorado Constitution, and the Brighton City Charter.

its final publication, as provided in City Charter Section 5.8, except as set forth herein.

INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 6th DAY OF FEBRUARY 2024.

landmark and shall be preserved in order to retain the historic significance within the Eligibility Categories for designation as a local landmark; and

ATTEST: /s/NATALIE HOEL, City Clerk

WHEREAS, the City Council finds that the designation of 141 South 3rd Avenue as a local historic landmark will, through preservation and protection, enhance the use of this cultural resource and will contribute to the artistic, social, economic, political, architectural and historic heritage of the city for the benefit of the inhabitants of the City of Brighton.

APPROVED AS TO FORM: /s/YASMINA GIBBONS, Deputy City Attorney

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Brighton, Colorado, as follows:

Legal Notice No. BSB2998 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

Section 1. The City Council finds and determines that the proposed Historic Landmark Designation is in accordance with the guidelines for designation as a local historic landmark; that the proposed Historic Landmark Designation is in accordance with the policy and intent of the Land Use and Development Code Section 10.03; and that the proposed Historic Landmark Designation is in accordance with the goals and objectives of the Comprehensive Plan and any other plan, policy or guidance adopted pursuant to that plan.

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor

Public Notice ORDINANCE NO. INTRODUCED BY: Green AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE 141 SOUTH 3RD AVENUE HISTORIC LANDMARK DESIGNATION FOR AN APPROXIMATELY 0.17 ACRE PROPERTY, GENERALLY LOCATED ON THE WEST SIDE OF SOUTH 3RD AVENUE, IN THE MIDDLE OF THE BLOCK BETWEEN BUSH STREET AND EGBERT STREET, LOTS 29 AND 30 OF BLOCK 14 OF THE WALNUT GROVE ADDITION, IN A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 66 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO WHEREAS, pursuant to the laws of the State of Colorado, there was presented to and filed with the City of Brighton, Colorado, an application for nomination (the “Application”), by Brian and Toni Kile (the “Owners”), to designate, as a historic landmark, the principal structure of 141 South 3rd Avenue, Lots 29 and 30 of Block 14 of the Walnut Grove Addition, located in the northeast quarter of the northwest quarter of Section 7, Township 1 South, Range 6 West of the 6th Principal Meridian, (the “Property”); and WHEREAS, the Owners have provided consent to the requested nomination; and WHEREAS, in accordance with the public notice requirements of the Land Use & Development Code, a public notice was published on the City’s website, and one sign was posted on the Property, both for no less than fifteen (15) days prior to the City Council public hearing; and

Section 2.

The City Council hereby approves the 141 South 3rd Avenue Historic Landmark Designation.

Section 3. As provided in City Charter Section 5.9(A), this Ordinance, either as presented or as amended, shall be published in full as it was adopted prior to taking final action. This Ordinance shall be in full force and effect five (5) days after publication following final passage.

INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED, THIS 6th DAY OF FEBRUARY 2024

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1.

Section 12-16-50(4)(b) is hereby amended as follows: (b) Encroaching landscaping planted or maintained in accordance with a permit issued pursuant to this Article or exempted by this Paragraph (4) shall be maintained so that there is at least fourteen (14) feet of clearance above and eighteen (18) inches of side clearance from any roadway, and eight (8) feet of overhead clearance and eighteen (18) inches of side clearance from any sidewalk, path, and parking lot at all times of the year, except that flowers and similar insubstantial planting which have no capacity to impede pedestrian or bicycle traffic and grow no higher than twelve (12) inches may extend to the edge of the traffic facility.

Section 2. All sections, subsections, and definitions of Article 12 not expressly amended or modified herein remain in full force and effect.

Section 3. As provided by City Charter Section 5.9(A), this Ordinance, either as presented or as amended, shall be published full as it was adopted prior to taking final action. This Ordinance shall be in full force and effect five days after final publication, as provided in City Charter Section 5.8., except as set forth herein.

INTRODUCED, PASSED ON FIRST READING AND ORDERED PUBLISHED THIS 6th DAY OF FEBRUARY 2024.

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor ATTEST: /s/NATALIE HOEL, City Clerk APPROVED AS TO FORM: /s/YASMINA GIBBONS, Deputy City Attorney

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor ATTEST: /s/NATALIE HOEL, City Clerk

Legal Notice No. BSB2997 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

APPROVED AS TO FORM: /s/YASMINA GIBBONS, Deputy City Attorney

Public Notice

Legal Notice No. BSB3002 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

ORDINANCE NO. INTRODUCED BY: Johnston

Public Notice ORDINANCE NO. INTRODUCED BY: Pawlowski

WHEREAS, on November 16, 2023, the Historic Preservation Commission held a public hearing to consider the nomination of the Property for designation as a local historic landmark, and provided a recommendation of approval to the City Council; and

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING SECTION 12-16-50 OF THE BRIGHTON MUNICIPAL CODE REGARDING OVERHEAD CLEARANCE OF LANDSCAPING OVER ROADWAYS

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS:

WHEREAS, on February 6, 2024, the City Council opened a public hearing where it conducted its review and considered the Property for the Historic Landmark Designation pursuant to the applicable provisions set forth in the Land Use & Development Code; and

WHEREAS, Chapter 16 of Article 12 of the Brighton Municipal Code addresses encroachments and obstructions over rights-of-way throughout the City; and

Section 1. The Easement Vacation, as more particularly described in attached Exhibit B is hereby approved and the Easement, as more particularly described in attached Exhibit A, is hereby vacated.

WHEREAS, the Property is at least fifty (50) years old and satisfies at least one (1) criterion from one (1) of the Eligibility Categories, as delineated in Section 10.03 B., Eligibility for Designation, of the Land Use & Development Code; and

Section 2. As provided in City Charter Section 5.9(A), this Ordinance either as presented or as amended, shall be published in full as it was adopted prior to taking final action. This Ordinance shall be in full force and effect five days after

WHEREAS, the City Council finds that the Craftsman-style enclosed front porch, with exposed rafters, knee braces and large columns, as well as the original doors and windows with their associated trim are the defining features of the

WHEREAS, the Brighton Fire Rescue District has expressed concerns to City staff about the difficulty fire trucks have driving down roadways with overgrown trees and shrubbery; and WHEREAS, at least fourteen (14) feet of overhead clearance is required for fire trucks to traverse roadways unimpeded; and WHEREAS, the City Council finds it is in the best interests of the City of Brighton and its residents to amend the Brighton Municipal Code to require fourteen (14) feet of roadway clearance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING CERTAIN SECTIONS OF THE BRIGHTON MUNICIPAL CODE IN CHAPTER 17, LAND USE & DEVELOPMENT CODE, RELATING TO HISTORIC PRESERVATION WHEREAS, the Brighton Municipal Code contains certain provisions related to historic preservation set forth in Chapter 17, also known as the Land Use and Development Code (the “LUDC”); and WHEREAS, certain amendments to the LUDC are necessary to better implement the historic preservation program within the City; and WHEREAS, on January 11, 2024, the Planning Commission of the City of Brighton, Colorado held a public hearing and recommended approval of the code amendments; and WHEREAS, in accordance with the public notice requirements of the LUDC, a notice of public hearing was published on the City’s website for no less than fifteen (15) days prior to the City Council public hearing; and WHEREAS, at the public hearing, the City Council received and considered all relevant evidence and testimony from City staff and other interested

parties, including the public at large; and WHEREAS, the City Council has reviewed the proposed amendments to the Brighton Municipal Code, Chapter 17, Land Use & Development Code, and has found the amendments, as provided herein, are in the best interest of the public health, safety, and welfare.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Brighton, Colorado, as follows: Section 1. Section 10.03 is hereby repealed and replaced in its entirety as follows: Section 10.03 Historic Preservation A. Policy & Intent.

1. Policy. It is the policy and intent of the City Council to protect and enhance the use of cultural resources having historical, architectural, or geographical significance to the City’s heritage.

The Historic Preservation Commission, as established in Article 2-66 of the Municipal Code, shall implement these goals and policies. The historic preservation regulations are necessary for the Historic Preservation Commission to fulfill the purposes for which it was established.

2. Intent. This Section is intended to promote the public health, safety, and welfare of the citizens of the City while also providing for the orderly and appropriate preservation, protection, development, and redevelopment of cultural resources, including historically, architecturally, or geographically significant properties, and historic landmarks and historic districts in the City. It is also the intent of this Section to create a reasonable balance between private property rights and the public interest in preserving the City’s unique historical character.

B. Eligibility for Designation.

1. Historic Landmark Eligibility. A cultural resource may individually be designated as a historic landmark if the cultural resource is at least 50 years old and is of historic, architectural, and/or geographical significance. If the cultural resource is not at least 50 years old, it must have exceptional significance. The finding of significance requires that the cultural resource meets at least one criterion within one of the following categories, or at least one criterion within two of the following categories for a finding of exceptional significance: a.

Architectural category: In order to be considered significant in the architectural category, at least one of the following criteria must be met.

The cultural resource: (1). Exemplifies specific distinguishing characteristics of an architectural period or style; (2) Is an example of the work of an architect or builder who is recognized for expertise nationally, state-wide, regionally, or locally; (3) Demonstrates superior craftsmanship or high artistic value; (4) Contains elements of architectural design, detail, materials, construction, or craftsmanship which represent a significant innovation; or (5) Evidences a style particularly associated with the Brighton area. b.

Social and historic category: In order to be considered significant in the social and historic category, at least one of the following criteria must be met. The cultural resource: (1) Is the site of a historic event that had an effect upon society; (2) Exemplifies cultural, political, economic or social heritage of the community; (3) Represents a built environment of a group of people in an era of history; (4) Has significant character, interest or value, as part of the development, heritage or cultural characteristics of the City, State, or Nation; or (5) Has an association with a notable person

Brighton Standard Blade/Fort Lupton Press February 15, 2024 * 1

29

February 15, 2024

Public Notices

or the work of a notable person.

c.

Geographic and environmental category: In order to be considered significant in the geographic and environmental category, at least one of the following criteria must be met. The cultural resource: (1) Enhances a sense of identity of the community; (2) By being part of, or related to, a square, park, or other distinctive area which should be developed or preserved according to a plan based on a historic, cultural, or architectural motif; (3) Is unique in its location of singular physical characteristics; (4) Possesses unique and notable historic, cultural, or architectural motifs; or (5) Is an established and familiar mutual setting or visual feature of the community.

2.

Historic District Eligibility. An area may be designated as a historic district upon a finding that the district has a definable area containing a number of individual cultural resources having historic, architectural, and/or geographical significance that apply to the patterns and unifying elements of that particular district. Significance is determined by applying criteria to the patterns and unifying elements found within a district. a.

The district boundaries shall be defined by visual changes, historic documentation of different associations or patterns of development, or evidence of changes in site type, density, or other characteristics as established through a survey and inventory. b.

Each individual cultural resource within a historic district shall be evaluated as to the degree of their significance, and assigned to one of the following categories: (1) Noncontributing resource. A resource that does not meet at least one of the categories for significance or is not at least 50 years old shall be considered a noncontributing resource. Noncontributing resources may be included within the boundaries of a designated historic district; however, their presence must not noticeably detract from the overall district’s sense of time, place and significance. Noncontributing resources will be evaluated for their magnitude of impact by considering their size, scale, design, location and/or information potential.

(2) Contributing resource. A resource that contributes to the district’s overall sense of time and place, meets at least one of the categories for significance, and is at least 50 years old shall be considered a significant resource. If the resource is not at least 50 years old, it must exhibit exceptional significance, meaning it meets at least two of the categories for significance. c.

The establishment of a historic district shall be based on a finding that no more than 25% of the structures within a historic district are noncontributing resources.

3.

Inclusion of any cultural resource in the National Register of Historic Places and/or the Colorado Registers of Historic Properties shall be construed as a historic designation under this Section and shall be subject to the same protections as any locally designated historic landmark.

C. Nomination for Designation.

1.

Eligible Applicant. Designation of a historic landmark or district may be initiated by: a. The City Council; b. The Historic Preservation Commission; c. The City Manager; or d. The owners of at least 51% of the cultural resource to be designated for a landmark, or the owners of at least 51% of the individual properties in a proposed district.

2.

Review With Owner’s Consent. The Historic Preservation Administrator shall make a reasonable effort to secure the owner’s consent to a designation before the nomination is accepted as complete for review by the Historic Preservation Commission. If the Historic Preservation Administrator is unable to provide an owner with the notice, a written request for consent to designation shall be sent by certified mail, return receipt requested, to the owner of the property as shown on the most recent records. Once consent is obtained, a public hearing shall be scheduled and held by the Historic Preservation Commission to determine if the proposal complies with a. The Eligibility for Designation criteria; b. The policy and intent of this Section; and c. The City’s Comprehensive Plan.

3.

Review Without Owner’s Consent. Once contacted, the owner of an individually nominated cultural resource or a property located in a nominated historic district shall notify the Historic Preservation Administrator, in writing, of any ob-

jection to a designation within 30 days from the date of mailing the nomination consent request.

The Administrator shall notify the Historic Preservation Commission of all owners’ objections received. Failure to provide written objection to the nomination within 30 days of receipt of the nomination consent request shall be considered as the owner’s consent to the nomination. a.

If consent cannot be obtained, the Historic Preservation Administrator shall inform the property owner of the date and time of the Historic Preservation Commission review of the nomination. b.

If consent to the nomination has not been obtained, the Historic Preservation Commission may review the nomination for designation of a historic landmark or historic district at a public hearing. c.

In order to refer a nomination for designation to the City Council without the consent of the property owner, the Historic Preservation Commission must find that the cultural resource and/ or historic district has exceptional significance.

4.

Procedures. The procedures for consideration of a nomination for designation shall be as follows: a.

Nominations for historic landmark or historic district designations shall be filed with the Historic Preservation Administrator on forms prescribed by the Historic Preservation Commission and shall include the following items: (1) The names and addresses of all owners (including owners of undivided interests); (2) Legal description; (3) Vicinity map; (4) Nomination form in a format provided by the City; and (5) Other data required by the Historic Preservation Commission. b.

Upon the filing of an application for nomination for designation, the Historic Preservation Administrator shall notify the owner of record of the nominated cultural resource or owners of the properties in the proposed historic district, by regular United States mail. The notice shall include the characteristics of the cultural resource or proposed district that justify its designation as a historic landmark, a description of the character defining features to be preserved and the effects of designation. Failure to send notice by mail to any property owner where the address of an owner is unknown and not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. c.

The nomination shall be referred to all relevant agencies for referral, review and comment at least 15 days prior to the public hearing. The Historic Preservation Administrator shall set the dates for the Historic Preservation Commission public hearing. d.

Notice of the public hearing shall be given and shall include a description of the location of the cultural resource or proposed district sufficient to advise the public of the location, the purpose of the hearing, date, time, place and the Historic Preservation Administrator’s name, address and phone number. The following notices of the public hearing shall be made at least 15 days prior to the public hearing: (1) One publication in a newspaper or on a publicly accessible web page; (2) Notice sent by regular mail to each owner and owners of contiguous properties, including owners of all real property and cultural resources within a nominated historic district; and (3) A sign or signs, as determined by the Historic Preservation Administrator, shall be posted on the premises nominated for designation.

The requirement to post a sign on the property is not required for public hearings related to the designation of a historic district. e.

The Historic Preservation Commission shall consider all relevant evidence concerning the proposed designation at the public hearing.

Opportunity shall be provided for all interested parties to express their opinions and provide evidence regarding the proposed designation or designations.

(1) The Historic Preservation Commission shall hold the public hearing to review a nomination for designation of a historic landmark or historic district at the next available regular Historic Preservation Commission meeting and shall make a determination as to the appropriateness of the nomination, according to the standards and criteria adopted in this Section.

(2). The Historic Preservation Commission may continue the public hearing for review of the nomination for no more than two additional 30 day periods if it finds that further investigation is

required prior to issuing a recommendation. The Historic Preservation Commission shall make specific findings to justify any continuance.

(3) If the Historic Preservation Commission fails to issue a recommendation regarding the nomination within these time frames, the nomination shall be deemed rejected. f.

If more than one cultural resource is under consideration in the designation procedure, the Historic Preservation Commission may consider each as a separately nominated landmark. g. In no event may any cultural resource be added to the nomination without instituting a new designation procedure. h.

Following the close of the public hearing, the Historic Preservation Commission shall, by written resolution, recommend approval, approval with conditions or deny the nomination for historic designation to the City Council.

(1) If the nominated cultural resource or district is found to possess significance, as determined by the standards and criteria of this Section, the Historic Preservation Commission shall make a recommendation of approval to designate the cultural resource as a historic landmark or historic district to the City Council.

(2) If the Historic Preservation Commission makes a recommendation of denial or approval with conditions, the Commission shall approve a resolution with findings of fact that constitute the basis for its decision.

5.

City Council Review. The procedures for consideration of a nomination for designation by City Council shall be as follows: a.

Following action by the Historic Preservation Commission, the Historic Preservation Administrator shall submit a report to the City Council which shall include relevant documentation and information, the Historic Preservation Commission resolution, and further information as may be requested by the City Council. b.

The City Manager shall set the date for the City Council public hearing at the next available City Council regular meeting. c.

The City Council shall then conduct a public hearing, pursuant to published and mailed notice as required above, and consider all relevant evidence concerning the proposed nomination. d.

The City Council may take the following actions: (1) Approve the nomination by ordinance; (2) Approve the nomination with conditions by ordinance; (3) Deny the nomination by motion or resolution, as the City Council deems appropriate; or (4) Continue the nomination to a later, specified date by motion. e.

The City Clerk shall record, in the office of the applicable County Clerk and Recorder, a certified copy of the ordinance designating the specified cultural resource as a historic landmark or historic district and include a listing of the individual cultural resources and properties included. f.

The Historic Preservation Administrator shall send to the owner of each property a copy of the ordinance and a letter which contains an explanation of the owner’s obligations and restrictions created by a designation and specifically advising the owner of the owner’s responsibility to apply for a Certificate of Appropriateness (COA) prior to any alteration to a historic landmark.

D. Certificates of Appropriateness.

1.

Prior to submitting a land development application or receiving a permit for any alteration to a historic landmark, the applicant shall obtain a COA from the Historic Preservation Commission for the proposed work. a.

Any type of work occurring on a designated historic landmark, or within a historic district shall obtain a COA prior to initiating the work notwithstanding the City’s requirement for a land development application or permit for work. b.

The Historic Preservation Administrator shall have the authority to review a building permit to determine if a COA would be required. Permits that do not or insignificantly modify the exterior or non-historic elements of a historic landmark or historic district may be considered exempt from this requirement, as determined by the Historic Preservation Administrator. c. Any non-contributing resource within a historic district may be exempt from obtaining a COA as

long as the proposed alterations do not detract from the characteristics of the historic district, as determined by the Historic Preservation Administrator. d.

The applicant shall submit to the Historic Preservation Administrator an application for a COA. The application for a COA shall include information that the Historic Preservation Administrator determines necessary to consider the application and shall include the following items: (1) The names and addresses of all owners (including owners of undivided interests); (2) A clear description of work, including the work to be performed and the impact of that work to the historic resource, landmark, or district; (3) Other plans applicable to the nature/scope of work and level of review, such as: i.

Legal description; ii.

Vicinity map; iii.

Site development plan; iv.

Landscape plan; v.

Architectural elevations, including specifications of the textures, materials, colors, architectural details and design; and, vi.

Other data as determined by the Historic Preservation Commission.

2.

The procedures for consideration of an application for a COA shall be as follows: a.

There shall be three levels of review for obtaining a COA: 1) administrative review; 2) COA/Demolition Review Committee review; and/ or 3) Historic Preservation Commission public hearing.

(1) At any time throughout this process, the applicant may request to be scheduled for a public hearing before the Historic Preservation Commission and omit the administrative and COA/Demolition Review Committee review process.

(2) Administrative and COA/Demolition Review Committee reviews may only approve or partially approve a COA application. If, after consideration of the certificate of appropriateness criteria, findings of significant impact are found, the application will be forwarded to the next level of review. Denial of a COA application will only occur through the public hearing review process of the Historic Preservation Commission as further outlined within this Section. b.

Administrative review. The Historic Preservation Administrator shall review a COA application against the certificate of appropriateness criteria and make a determination of impact to the historic resource, landmark, or district. If no significant impact is found, the Historic Preservation Administrator shall issue a COA by approving or partially approving the proposed changes in writing. If significant impact is found, the Historic Preservation Administrator shall refer the COA application to the COA/Demolition Review Committee for review. c.

COA/Demolition Review Committee review. Upon completion of the administrative review, the Historic Preservation Administrator shall refer the COA application and a summary of the administrative review findings to the COA/ Demolition Review Committee for review.

(1) The COA/Demolition Review Committee of the Commission shall consist of the chair, one regular member of the Commission selected by the chair, the Historic Preservation Administrator, and the City Manager or Manager’s designee.

(2) Each COA/Demolition Review Committee member shall review the application against the certificate of appropriateness criteria, and may seek input from, the applicant, staff and other Committee members as necessary to make their determination. Each Committee member shall prepare a separate written review and provide the same to the Historic Preservation Administrator.

(2) Once the Committee members have completed their review, the Historic Preservation Administrator shall gather and combine the written reviews of the COA/Demolition Review Committee members and report on the Committee’s determination of impact to the historic resource, landmark, or district.

(3) If no significant impact is found, the Historic Preservation Administrator shall issue a COA on behalf of the COA/Demolition Review Committee by approving or partially approving the proposed changes in writing.

(4) If significant impact is found, the Historic Preservation Administrator shall schedule a public hearing before the Historic Preservation Commission. d.

The Historic Preservation Commission review. The Historic Preservation Commission shall review a COA application by conducting a public hearing to consider all relevant evidence concerning the proposed COA application.

Opportunity shall be provided for all interested

parties to express their opinions and provide evidence regarding the proposed application.

(1) The application shall be referred to all relevant agencies for review and recommendations at least 15 days prior to the public hearing.

(2) The Historic Preservation Administrator shall make every effort to schedule the public hearing for the earliest available date before the Historic Preservation Commission.

(3) The Historic Preservation Commission shall hold the public hearing to review an application and shall make a determination as to the appropriateness of the proposed work, according to the certificate of appropriateness criteria.

(4) Following the close of the public hearing, the Historic Preservation Commission shall make a determination regarding the impact of the COA application on the designated resource, landmark, or district. The Historic Preservation Commission shall, by written resolution, approve, approve with conditions, or deny the application for a COA. i.

If the proposed work is found to adequately comply with the standards and criteria of this Section, the Historic Preservation Commission shall issue a COA to the applicant.

If the Historic Preservation Commission ii. denies the application for a COA, the Commission shall approve a resolution with findings of fact that constitute the basis for its decision.

(5) The Historic Preservation Commission may continue the public hearing for the review of the COA for no more than two additional 30 day periods if it finds that further investigation is required to explore acceptable solutions to the COA application prior to rendering a decision.

The Commission shall make specific findings to justify any continuance.

(6) If the Historic Preservation Commission fails to issue a decision regarding the COA application within these time frames, the application shall be deemed rejected. e.

Certificate of appropriateness (COA) criteria. A COA shall only be issued if the Historic Preservation Administrator, COA/Demolition Review Committee, or Historic Preservation Commission, as applicable, finds that the proposed alterations will not have significant impact to a historic landmark or historic district. Findings of insignificant impact shall demonstrate that the proposed work will not detrimentally alter, destroy, or adversely affect any architectural or site feature that contributes to the historic landmark or historic district, and that the proposed work is visually compatible with existing historic cultural resources. A finding of insignificant impact must meet all of the following criteria: (1) The effect upon the character of the historic landmark, and/or the historic district does not detract from the categories under which the landmark was designated; (2) The architectural style, arrangement, texture, and material used on the historic landmark and their relation to and compatibility with one another is historically appropriate and consistent with the surrounding cultural resources; (3) The size of the proposed structure, if applicable, the setbacks, location, and the appropriateness thereof, when compared to the existing historic landmark and site do not adversely affect the scale of surrounding cultural resources; (5) The proposed work does not significantly change, destroy, or otherwise impact the character defining features of the structure upon which work is proposed; (6) The condition of existing improvements is not a hazard to public health and safety; The proposed work will protect, preserve, (7) enhance, and perpetuate the use of the historic landmark or historic district; (8) The proposed alterations are in compliance with the United States Secretary of the Interior’s Standards for Rehabilitation and Guidelines of Rehabilitating Historic Buildings, a section of the Secretary of the Interior’s Standards for Historic Preservation Projects, of the Department of the Interior Regulations (36 C.F.R. Part 67, Historic Preservation Certifications), as may be amended from time to time; and (9) The proposed alterations are in compliance with other rules and guidelines as may be recommended by the Historic Preservation Commission and approved by the City Council for alterations to a historic landmark or historic district.

3.

All work performed on a historic landmark or a contributing resource within a historic district shall conform to the conditions, restrictions, and limitations in the COA. 4.

Appeals. The applicant may appeal a decision of the Historic Preservation Commission to the City Council. a.

The notice of appeal shall be filed with the Historic Preservation Administrator within 30 days

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of the date of the decision.

b.

The City Manager shall set the appeal on the next available City Council regular meeting agenda. Notice shall be provided following the same procedures as described in Section 10.03.C.4.d. The applicant may present evidence relevant to the application and the grounds for the appeal. c.

Following the hearing, the City Council may uphold the decision of the Historic Preservation Commission, approve the application, approve the application with conditions, or deny the application.

5.

Relocating Historic Landmarks. Prior to receiving a permit to relocate or move any historic landmark, the applicant shall obtain a COA from the Historic Preservation Commission for the proposed work. a.

Relocation and moving criteria. In addition to the COA criteria above, the Historic Preservation Commission shall use the following criteria while considering an application for a COA for relocating a historic landmark: (1) Original site criteria. The following criteria shall be used when determining the appropriateness of relocating a historic landmark from its original site: i.

The historic landmark cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property, which must be documented with appropriate reports, as required by the City; ii.

The historic landmark no longer contributes to its present setting; iii.

The historic landmark can be moved and relocated without significant damage to its integrity, and the applicant can demonstrate that relocation is a viable alternative to preserve the character and integrity of the historic landmark; and iv.

A structural report submitted by a licensed structural engineer adequately demonstrates the soundness of the historic landmark proposed for relocation.

(2) Receiving site criteria. The following criteria shall be used when determining the appropriateness of relocating a historic landmark to a new proposed site: i.

The historic landmark is compatible with its proposed new location and the receiving site is compatible with the historic landmark to be moved; ii.

The historic landmark possesses architectural integrity and is consistent with the character of the neighborhood; and iii.

The relocation would not diminish the integrity or character of the receiving neighborhood.

6.

Demolition of Historic Landmarks. Prior to receiving a permit to demolish any designated historic landmark, the applicant shall obtain a COA from the Historic Preservation Commission for the proposed work. a.

Demolition criteria. In addition to the COA criteria in this subsection, the Historic Preservation Commission shall use the following criteria in considering an application for a COA for demolition of a historic landmark or a contributing resource in a historic district: (1) Total demolition criteria. The following criteria shall be used when determining the appropriateness of total demolition of a cultural resource: i.

The historic landmark proposed for demolition is not structurally sound despite documented evidence of the owner’s efforts to properly maintain the structure; ii.

The historic landmark cannot be rehabilitated or reused on the site to provide for any reasonable beneficial use of the property; iii.

The historic landmark cannot be practically moved to another site in the community; and, iv.

The applicant can demonstrate that the proposal mitigates, to the greatest extent possible, the following: (A) Any impacts that occur to the visual character of the neighborhood where the demolition is proposed to occur; (B) Any impact on the historic importance of other cultural resources located on the property and adjacent properties; and (C) Any impact to the architectural integrity of other cultural resources located on the property and adjacent properties.

(2) Partial demolition criteria. The following criteria shall be used when determining the appropriateness of partial demolition of a historic landmark or a contributing resource in a historic district: i.

The partial demolition is required for alterations to the historic landmark; and,

ii.

The applicant has mitigated, to the greatest extent possible, the following: (A) Impacts to the historic importance of the cultural resource or other cultural resources on the property; and (B) Impacts to the architectural integrity of the cultural resource or other cultural resources on the property.

7.

Exemptions. If a COA has been denied, or the application for a COA does not conform to the applicable criteria, an applicant may request demolition pursuant to a Certificate of Exemption from the denial and/or requirements, provided that the intent and purpose of this Section is not significantly compromised, and provided that adequate documentation is submitted to the Historic Preservation Commission, either in writing or by testimony, to establish qualification for one of the exemptions below: a. Exemptions: (1) Economic hardship exemption. An economic hardship exemption may be granted if: a. For investment or income-producing properties, the owner is unable to obtain a reasonable return on investment in the present condition of the historic landmark; b, For non-income-producing properties, the owner is unable to resell the property in its current condition; or, c. The economic hardship claimed is not selfimposed.

(2) Health/safety hardship exemption. An applicant requesting an exemption based on health/ safety hardship must show that the application of the Certificate of Appropriateness criteria creates a situation substantially inadequate to meet the applicant’s needs because of specific health and/ or safety issues.

(3) Inability to use. Three years after denial of a demolition permit, if no feasible use or ownership is found for the structure, the owner may request a waiver of all or a part of the restraint of demolition. b.

The applicant must provide adequate documentation and/or testimony to establish, to the satisfaction of the Historic Preservation Commission, qualification for one of the listed exemptions: (1) The data provided by the applicant must be substantiated by either professionals in an applicable field or by thorough documentation of how the information was obtained.

(2) The Historic Preservation Commission may request additional information from the applicant as necessary to make informed decisions. c.

The Historic Preservation Commission shall include the following factors in its consideration of the request: (1) Documented evidence of applications and written correspondence, including written consultations, illustrating efforts made by the property owner to comply with this Section and/ or make the necessary repairs; (2) Efforts of the applicant to find an appropriate user or to find a purchaser for the property; and, (3) The adequacy of the applicant’s efforts to locate available assistance for complying with this Section and/or making the property functional without demolition. d.

The Historic Preservation Commission shall review all the evidence and information required of the applicant for a Certificate of Exemption and approve, approve with conditions, or deny the same. Failure of the Historic Preservation Commission to act within 60 days after the date a completed application for exemption is received, unless an extension is agreed upon in writing by the applicant, shall be deemed to constitute approval, and a Certificate of Exemption shall be issued. e.

The applicant may appeal the Historic Preservation Commission’s approval with conditions or denial of an application for a Certificate of Exemption to the City Council. The notice of appeal shall be filed with the Historic Preservation Administrator within 30 days of the Historic Preservation Commission’s decision. The City Manager shall set the appeal on the next available regular meeting agenda. At the City Council meeting, the applicant and the Historic Preservation Commission may present evidence relevant to the application, the decision of the Historic Preservation Commission, and the basis of the appeal. Following the hearing, the City Council may uphold the decision of the Historic Preservation Commission, approve the application, approve the application with conditions, or deny the application. f.

All work performed on the historic land-

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mark or on a contributing resource within a historic district shall conform to the conditions, restrictions, and limitations in the Certificate of Exemption.

E. Demolition and Moving Permit Review.

1.

Purpose. The purpose of this Section is to prevent the loss or destruction of structures that are 50 years of age or older that may have significance, but which have not been designated historic landmarks, and to provide the time necessary to initiate landmark designation or consider other alternatives for the preservation of the structures.

2.

Application Review. Prior to issuance of any permit that may require the demolition or relocation of a non-designated structure of at least 50 years of age, the application shall be referred to the Historic Preservation Administrator and/or the City Manager for review. In order to determine the significance of the non-designated structure, the Historic Preservation Administrator and/or the City Manager shall complete the following: a. Review the application and inspect the nondesignated structure; and b. Review the application against the Historic Preservation Documents.

3.

Initial Determination.

a.

If the Historic Preservation Administrator and/or the City Manager determines that the structure is not listed in the Historic Preservation Documents, has no significance, the demolition or removal of the structure would have no significant impact on the historic resources of the City, and that there is no reasonable basis to believe that the structure may be eligible for designation as a historic landmark, the demolition or relocation permit may be issued by the Chief Building Official, provided that all other requirements for the permit are satisfied. b.

If the Historic Preservation Administrator and/or the City Manager determines that the structure is listed in the Historic Preservation Documents, or there is a reasonable belief that the structure may be eligible for designation as a historic landmark, the application shall be referred to the COA/Demolition Review Committee. Upon finding that there exists a reasonable belief of significance, the Historic Preservation Administrator and/or the City Manager shall contact the applicant and the property owner in order to notify the owner of the initial determination and to schedule a meeting with the COA/Demolition Review Committee. The meeting of the COA/ Demolition Review Committee shall be held within 45 days of the referral of the permit.

4.

COA/Demolition Review Committee Review. The process for reviewing an application for a permit is as follows: a.

If the owner of the subject property is unable to attend the scheduled COA/Demolition Review Committee meeting, the meeting may be postponed to a later date as agreed to by the owner of the subject property. b.

If the property owner is unable to attend the meeting and does not agree to additional time, waives the right to attend the meeting in writing, or is unable to be contacted, the COA/Demolition Review Committee shall hold the meeting as scheduled. c.

The COA/Demolition Review Committee shall then meet, with or without the owner, in order to consider all relevant evidence concerning the significance of the structure, the proposed demolition or moving of the structure and any alternatives to demolition or relocation. Opportunity shall be provided for the property owners, if attending, to express their opinions and provide evidence regarding the application. d.

If the COA/Demolition Review Committee finds that further investigation and negotiations are required in order to explore acceptable solutions, the Committee may continue the meeting for no more than 30 days from the initial meeting date, unless additional time is agreed to by the property owner. e.

If the COA/Demolition Review Committee determines that the structure has no significance, the demolition or removal of the structure would have no significant impact on the historic resources of the City, and there is no reasonable basis to believe that the structure may be eligible for designation as a landmark, the Chief Building Official shall issue the permit, if all other requirements of the permit process have been met.

f.

If the Committee determines that there is a reasonable belief that the structure may be eligible for designation as a historic landmark, the permit shall be referred to the Historic Preservation Commission. Upon finding that there exists a reasonable belief of significance, the COA/ Demolition Committee shall provide the Historic Preservation Commission and the property owner with a written notice of the determination and of the next steps.

5.

Historic Preservation Commission Review. The Historic Preservation Commission shall review the application at the next available regular meeting. At this meeting, the Historic Preservation Commission may take any action that it deems necessary. Any action shall be taken within 60 days of said meeting. a.

The Historic Preservation Commission may conduct a Cultural Resource Survey of the property, for the purpose of researching and documenting the property prior to demolition of the structure. b.

The Historic Preservation Commission may take action to preserve the structure, including initiating nomination of the structure as a historic landmark in accordance with Section 10.03.C and the issuance of a Certificate of Appropriateness pursuant to Section 10.03.D. (1) If the property has been nominated for historic designation, issuance of the permit shall be postponed while the historic designation, application for a Certificate of Appropriateness or application for a Certificate of Exemption is considered. c.

If the property has not been nominated for historic designation and the Historic Preservation Commission and owner have not entered into an agreement for the preservation of the structure, the permit shall be issued by the Chief Building Official, provided that all other requirements for the permit are met.

6. Alternatives. At any time during the application review process, the Historic Preservation Administrator and/or the City Manager, the COA/ Demolition Review Committee, or the Historic Preservation Commission may seek alternatives to demolition or moving of the structure. a. Acceptable alternatives may include, but are not limited to the following: (1) Soliciting cooperation from the owner to find solutions or alternatives to demolition or moving; (2) Consult with the Historic Preservation Commission, civic groups, public or private agencies, interested citizens, City staff, the City Council or any other interested parties, in order to find alternative solutions to demolition or moving of the structure; (3) Recommend and/or facilitate acquisition of the property by another interested party; (4) Explore the potential for moving the structure to another location; (5) Explore the potential for salvaging significant features of the property; and (6) Seek any other acceptable alternative to prevent demolition or removal of the structure. b. If the Historic Preservation Administrator and/or the City Manager, the COA/Demolition Review Committee, or the Historic Preservation Commission and the property owner agree on an alternative solution, with written documentation of the change, the applicant may pursue the appropriate permits to facilitate the alternative solution.

F. Administration and Enforcement.

1.

Interim Control. No building permit, relocation permit, or demolition permit shall be issued by the Building Division for alteration of a cultural resource under consideration of historic designation as a landmark or within a historic district, from the date of receipt of a nomination for designation, until a final decision related to the designation by the City Council is determined, or unless alteration is authorized by resolution of the City Council as necessary for public health, welfare, or safety. In no event shall the delay in issuance of a building permit due to the provisions of this Section be for more than 90 days.

2.

Cultural Resource Survey. If any cultural resource 50 years or older exists on a property at the time that a land development application is submitted, the City Council, the Historic Preservation Commission or the City Manager may require the owner or applicant of the property to submit a Cultural Resource Survey, in a form acceptable to the City, during the review of the land development application. The cost of conducting the Cultural Resource Survey may be solely

borne by the applicant of the land development application.

3.

City of Brighton Local Register of Historic Places. The Historic Preservation Administrator shall maintain a current record of all pending designations and a register of designated historic landmarks and historic districts.

4.

Amendment or Revocation of Designation.

A historic landmark or historic district designation may be amended or rescinded in the same manner as the original designation was made. The ordinance therefore shall be recorded in the office of the applicable County Clerk and Recorder.

5.

Application of Standards. All standards, rules, and regulations adopted by the City Council by resolution or ordinance, the Colorado Cultural Resource Survey Manual: Guidelines for Identification: History and Archaeology and the Standards for Rehabilitation and Guidelines of Rehabilitating Historic Buildings, a section of the Secretary of the Interior’s Standards for Historic Preservation Projects, of the Department of the Interior Regulations (36 C.F.R. Part 67, Historic Preservation Certifications), shall be the technical documents utilized by the Historic Preservation Commission for the evaluation of all materials, construction types and all other relevant issues relating to alteration of historic landmarks. These standards shall be on file and available for inspection by the public in the Community Development Department. The standards, rules, and regulations shall be applied to all work in a reasonable manner, taking into consideration economic and technical feasibility.

6.

Property Maintenance Required. The deliberate or inadvertent neglect of a cultural resource, including neglect to interior portions of those structures for which maintenance is necessary to prevent exterior deterioration, is prohibited and shall be considered by the City a violation of this Section. No owner, lessee, occupant, or person in possession of a cultural resource shall act in a way as to cause deterioration, or act in a way as to fail to prevent the deterioration, of any cultural resource or historic landmark.

7.

Maintenance and Repair. Nothing in this Section shall be construed to prohibit the accomplishment of any work on any cultural resource, historic landmark, or historic district which will change neither the exterior appearance (including color and materials), nor the character defining features of improvements or structures, nor the character or appearance of the land itself, and which is considered necessary as a part of normal maintenance and repair.

8.

Remedying of Dangerous Conditions.

Nothing in this Section shall be construed as making it unlawful for any person to comply with any case where the Building Inspector, the Brighton Fire Rescue District, or any other public authority having the power, orders, or directs the alteration of a cultural resource for the purpose of remedying conditions determined by that officer, department, or authority to be imminently dangerous to life, health or property. The officer, department, or authority shall take immediate steps to notify the Historic Preservation Administrator and the Historic Preservation Commission of the proposed issuance of any order or directive.

9.

Extension of Time Limits. Any time limit in this Section may be extended by mutual consent of the Historic Preservation Commission or City Council, whichever is applicable, and the applicant.

G. Defined Terms. The following terms used in this Section shall have the meaning given below.

All other terms shall have their usual customary meaning, or the meaning given elsewhere in this code or other applicable uniform, or international code adopted by the City, except where the context clearly indicates a different meaning.

Alteration. Any act or process that changes any of the character defining features of a cultural resource including, but not limited to, construction, reconstruction, repair, restoration, rehabilitation, relocation, or demolition.

Certificate of Appropriateness. A certificate issued by the Historic Preservation Commission or staff, showing approval of plans for construction, alteration, reconstruction, repair, restoration, demolition, or relocation of structures that would affect a cultural resource designated as a historic landmark, district, or element thereof.

Certificate of Exemption. A certificate issued by the Historic Preservation Commission, authorizing the alteration of a designated historic

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landmark or an element within a historic district in accordance with the provisions of this Section, even though a Certificate of Appropriateness has previously been denied.

Colorado Register of Historic Properties. The official listing of state-designated historic sites.

Construction. The erection of on-site improvements on a parcel of land, whether the site is presently improved or unimproved, or the erection of a new principal or accessory structure on such property.

Contributing resource. Those cultural resources, structures, landmarks, or character defining features within an officially designated site or historic district that contribute to the significance of the cultural resource, historic site or district.

significant in American history, architecture, archaeology, engineering, or culture, maintained by the Secretary of the Interior under authority of Section 101(a)(1)(A) of the National Historic Preservation Act, as amended.

Nomination. The process of filing an application for designation as a historic landmark or historic district.

Noncontributing resource. Any cultural resource, structure or exterior architectural feature that may be within a site or district but does not contribute to the significance of the district or site.

Non-designated structure. Any structure that has not been designated as a historic landmark which may or may not be considered a cultural resource.

Cultural resource. Any individual object, structure, site or geographically definable area that possesses distinctive character and historic, architectural or geographic interest or significance,

Object. A material item of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable, yet related to a specific setting or environment.

Demolition. Any act or process that destroys, in whole or in part, a cultural resource. The term includes the removal of any material constituting part of the structure other than for purposes of ordinary maintenance or repair, which removal affects the exterior appearance of the structure, or which reduces the stability or longevity of the structure.

Owner. The person, corporation, or other legal entity, including any public entity, who owns or who has any legal or equitable interest in property and who is so listed as owner in the records of the Assessor’s Office of Adams County or Weld County. If title to a cultural resource is held by two or more undivided interest holders, the term owner shall refer to all owners of the property and/or their authorized agents.

Exterior appearance. The character and general composition of the exterior of a cultural resource, including but not limited to the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, and appurtenant elements.

Character defining feature. The architectural design, style, components, and general arrangement of all the outer surfaces of a cultural resource, including but not limited to the color, texture, materials, type, and style of all windows, doors, lights, signs, and other fixtures appurtenant to said cultural resource that contribute to its significance.

Historic district. Any geographically definable area that has been designated as such by the City Council because of its significance and importance to the City. A historic district will include a concentration, linkage, or continuity of cultural resources and/or character defining features.

A district may be related by a pattern of either physical elements or social activities.

Historic landmark. Any cultural resource which has been included in the Local Register of Historic Properties, the National Register of Historic Places, or the Colorado Registers of Historic Properties, whether individually or within a historic district.

Historic Preservation Administrator. The City employee appointed by the City Manager to assist and advise the Historic Preservation Commission and administer the duties in this Section.

Historic Preservation Documents. Any document relating to historic preservation, including completed Architectural Inventory Forms (1403), and other documents approved by the City Council, commissioned by the City or Historic Preservation Commission such as surveys and/or context studies, and the Historic Preservation Watch List.

Improvement. Any structure, place, work of art, or other object constituting a physical betterment of real property or any part of such betterment, including improvement on public property.

Land development application. Any application, form, accompanying documents, exhibits, and/ or fees that are required of an applicant by the applicable City department, board, or commission, in order to obtain approval or permitting to establish a use, activity, or development and having the effect of permitting development.

A land development application shall include construction permit, demolition permit, tenant finish permit, home occupation permit, sign permit, business license application, certificate of occupancy, conditional use permit, subdivision plan, final plat, annexation petition, zoning and rezoning, conditional use permit and variance, planned development application, site plan, site improvement permit, or other similar plans.

Local Register of Historic Places. The City of Brighton’s list of locally designated historic landmarks.

National Register of Historic Places. The national list of districts, sites, structures, and objects

Preservation. The identification, evaluation, recordation, documentation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of cultural resources, including the act or process of applying measures to sustain the existing form, integrity, and material of a cultural resource.

Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished cultural resource, or part thereof, as it appeared at a specific time.

Rehabilitation. The act or process of returning a cultural resource to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the cultural resource which are significant to its historic, architectural, and cultural values.

Relocation. Moving a cultural resource to a different location, either temporarily or permanently.

Repair. The replacement of deteriorated materials which are impractical to save, and the repair or reclamation of items worn to the point that they can no longer perform their intended function.

Material used for repairs on cultural resources should be as close as possible to the original in composition or materials, in method of fabrication and in manner of erection.

Restoration. The act or process of accurately recovering the form and details of a cultural resource and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work.

Significance. Having historical, architectural, or geographical importance to the City’s heritage as determined by Subsection B of this Section.

Site. The location of a significant event, historic occupation, or activity, or a structure, whether standing or vanished, where the location itself maintains historical or architectural value and significance to the community, regardless of the value of any existing structure.

Structure. A work made up of interdependent and interrelated parts in a definite pattern or organization constructed by man without regard to the size thereof. This definition includes any structure which may include a house, barn, agricultural structure, church, public structure, or commercial structure.

Section 2.

The City Council finds that the amendments set forth herein: (i) further the purpose of the LUDC; (ii) are in accordance with the Comprehensive Plan and have been considered for both their long-range effects and immediate impacts; (iii) promote the public safety, health, and general welfare of the community of the City of Brighton; and (iv) improve the effectiveness and efficiency of administering the LUDC. Section 3. As provided in City Charter Section 5.9(A), this Ordinance, either as presented or as amended, shall be published in full as it was adopted after the initial reading. This Ordinance

shall be in full force and effect five days after its final publication, as provided in City Charter Section 5.8.

INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED, THIS 6th DAY OF FEBRUARY 2024.

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor ATTEST: /s/NATALIE HOEL, City Clerk

tive findings: (a) The City Council finds and determines that Article XVIII, Section 16 of the Colorado Constitution specifically authorizes in part that the governing body of a municipality may enact an ordinance to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities, and further authorizes the governing body of a municipality to enact an ordinance to regulate the operation of marijuana stores. (b) The City Council finds and determines, after careful consideration of the provisions of Article XVIII, Section 16 of the Colorado Constitution and after evaluating, inter alia, the potential secondary impacts associated with the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities, that such land uses have an adverse effect on the health, safety and welfare of the City and the inhabitants thereof.

APPROVED AS TO FORM /s/YASMINA GIBBONS, Deputy City Attorney Legal Notice No. BSB3000 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade Public Notice ORDINANCE NO. 2439 INTRODUCED BY: Johnston AN ORDINANCE AMENDING AND REPEALING CERTAIN SECTIONS OF THE CITY OF BRIGHTON MUNICIPAL CODE AND ENACTING SECTIONS RELATED TO THE SALE OF MARIJUANA WHEREAS, Article XVIII, Sections 14 and 16 of the Colorado Constitution provides that a locality may enact ordinances governing the time, place, manner, and number of marijuana establishment operations within a city; and WHEREAS, City Council desires to consider amending the Brighton Municipal Code to allow for the operation of marijuana stores within the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS:

(c) The City Council therefore finds and determines that, as a matter of the City’s local land use and zoning authority as a home rule municipality pursuant to the provisions of Article XX, Section 6 of the Colorado Constitution and consistent with the authorization provided by Article XVIII, Section 16 of the Colorado Constitution, no suitable location exists within the corporate limits of the City for the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities, or the licensing thereof.

Sec. 9-31-20. – Authority.

The City Council hereby finds, determines, and declares it has the power and authority to adopt this Article pursuant to: (a) Article XVIII, Sections 14 and 16 of the Colorado Constitution; (b) The authority granted to home rule municipalities by Article XX of the Colorado Constitution;

Section 1. The below definition set forth in Section 9-30-10 is hereby amended, as follows:

(c) The powers contained in the City Home Rule Charter; and

Colorado Medical Marijuana Code shall mean Title 44, Article 10 of the Colorado Revised Statutes, and the corresponding Colorado Department of Revenue Rules found at 1 CCR 212-3, as each may be amended from time to time.

(d) The Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.

Section 2. The definition of Medical marijuana center set forth in Section 9-30-10 is hereby deleted in its entirety.

Section 3.

Section 9-30-20 of the Brighton Municipal Code is hereby amended, as follows: Sec. 9-30-20. – Optional premises cultivation operations and medical marijuana-infused products manufacturers’ licenses—prohibited. (a) The operation of optional premises cultivation operations and medical marijuana-infused products manufacturers licensed within the corporate limits of the City, which might otherwise be authorized under the Colorado Medical Marijuana Code, is hereby prohibited. (b) It shall be unlawful and a violation under this Article for any person to establish, operate, continue to operate, cause to be operated or permit to be operated within the corporate limits of the City, and within any area annexed into the City after the effective date of the ordinance codified herein, a facility, business or any other operation requiring a license under the Colorado Medical Marijuana Code to operate as an optional premises cultivation operation or as a medical marijuana-infused products manufacturer.

Section 4.

Section 9-30-30 of the Brighton Municipal Code is hereby amended effective, as follows: Sec. 9-30-30. – Cultivation of medical marijuana prohibited.

No person shall cultivate medical marijuana within the City’s boundaries unless such person does so as a patient or primary care-giver registered in accordance with the Colorado Medical Marijuana Code.

Section 5. Article 9-31 of the Brighton Municipal Code is hereby repealed in its entirety and reenacted, as follows: Sec. 9-31-10. – Findings and legislative intent.

The City Council makes the following legisla-

Sec. 9-31-30. – Definitions.

For purposes of this Article, the following terms shall have the following meanings: Authority means the Marijuana Licensing Authority of the City.

Colorado Marijuana Code shall mean Title 44, Article 10 of the Colorado Revised Statutes, and the corresponding Colorado Department of Revenue Rules found at 1 CCR 212-3, as each may be amended from time to time.

Hearing officer means that person appointed by the City Council to serve as the Marijuana Licensing Authority.

Marijuana as used in this Article 9-31 shall be as defined in Section 9-28-20, Definitions, of this Code, as amended.

Marijuana accessories as used in this Article 9-31 shall be as defined in Section 9-28-20, Definitions, of this Code, as amended.

Marijuana cultivation facility means an entity licensed to cultivate, prepare and package marijuana and sell marijuana to marijuana stores, to marijuana product manufacturing facilities and to other marijuana cultivation facilities, but not to consumers.

Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility or a marijuana store.

Marijuana product manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to marijuana stores, but not to consumers.

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.

Marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers; an entity 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.

Marijuana testing facility means an entity licensed to analyze and certify the safety and potency of marijuana.

Sec. 9-31-40. – State laws and regulations.

Except as otherwise specifically provided herein, this Article incorporates the requirements and procedures set forth in the Colorado Marijuana Code and are adopted as if set forth fully herein.

In the event of a conflict between the provisions of this Article and the provisions of the Colorado Marijuana Code, or any other applicable state or local law or regulation, the more restrictive provision shall control.

Sec. 9-31-50. – Marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities prohibited.

It is unlawful for any person to operate, cause to be operated or permit to be operated any marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities within the City, and all such uses are hereby prohibited in any location within the City or within any area hereinafter annexed to the City.

Sec. 9-31-60. – City Clerk designated authority.

The City Clerk is hereby designated as the officer of the City for the receipt of notifications from the Colorado Department of Revenue of the filing of any notice of intent to apply for a license for a marijuana establishment to be located within the City, to notify the Department of the prohibitions as set forth in this Article and to generally communicate with the Department relative to marijuana establishments.

Sec. 9-31-70. – Penalties, nuisance declared. (a) It is unlawful for any person to violate any of the provisions of this Article. Any such violation is hereby designated a criminal offense, and any person found guilty of violating any of the provisions of this Article shall, upon conviction thereof, be punished by a fine or imprisonment, or both, pursuant to Article 1-24 of this Code.

Each day that a violation of any of the provisions of this Article continues to exist shall be deemed a separate and distinct violation. (b) The conduct of any activity or business in violation of this Article is hereby declared to be a public nuisance, which may be abated pursuant to the provisions for the abatement of nuisances provided in Article 8-24 of this Code.

Sec. 9-31-80. – Licensing 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 federal, state, or local law, rule, or regulations, including, by way of example, any applicable local zoning or building code. (c) A marijuana store shall be located only within the C-2—Restricted Retail and Services, C-3—General Retail & Services, and/or I-1— Light Industrial zoning district. For any planned development or planned unit development that does not reference a marijuana store as an allowed use, a marijuana store is prohibited, even if the underlying zoning would allow it. (d) Prior to submitting an application for a local license, an applicant must obtain an approved zoning verification letter from the City’s Community Development Department which, based upon an applicant’s submittal of the county assessor’s parcel identification number for the property and an area map drawn to scale, demonstrates that the proposed marijuana store is in compliance with the location restrictions set forth in this Article. Applicants shall submit the approved zoning verification letter to the City Clerk along with the completed State Marijuana Enforcement Division forms, together with all supplemental information required by the City.

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(e) Marijuana stores shall not be permitted if, at the time of application for such license, such location is within one thousand 1,000 feet of: (1) Any school; (2) Any residential child care center; and (3) Any juvenile or adult halfway house, correctional facility, or substance abuse rehabilitation center. (f) 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. The distance regulations described above shall not be applicable to the renewal of a license once granted. (g) The maximum number of licensed marijuana stores within the City shall not exceed four (4). At least two (2) marijuana store licenses may only be issued to a qualified Social Equity Licensee, as defined by the Colorado Marijuana Code. A Social Equity Licensee shall provide proof of such certification to the City Clerk at the time of application. Initial applications for the issuance of a new marijuana store license shall be accepted by the City Clerk for a period of sixty (60) days beginning March 1, 2024. Subsequent applications for the issuance of a new marijuana store license or renewal of a marijuana store license shall be accepted by the City Clerk annually during the first sixty (60) days of the calendar year.

The City Clerk will specify the start and end date and time of the application period, and may, in his or her discretion, increase the time period of acceptance of new applications. If a marijuana store license becomes available outside of the application period, the City Manager, in his or her discretion, may allow for an off-cycle application period. The City Clerk shall create a review committee to select applications and further define the approval process. (h) All marijuana stores shall comply with all labeling requirements of the Colorado Marijuana Code and associated State regulations. (i) Any and all distribution, possession, storage, display, or sales of marijuana shall occur only within the restricted area of a marijuana store and shall not be visible from the exterior of the store. (j) The store manager of a marijuana store shall register with the state and the 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 Authority may refuse to accept any person as a registered manager unless the person is satisfactory to the respective licensing authorities as to character and record. In determining a registered manager’s character and record, 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. (l) 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 12:00 a.m., thru and including 8:00 a.m. (m) Use of pesticides. A marijuana store shall comply with the Colorado Marijuana Code and all applicable laws regarding use of pesticides. (n) 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. (o) 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. (p) Storage prohibitions of marijuana and marijuana product prohibited. No marijuana store may store marijuana or any marijuana product in any off-premises storage facility located within the City. (q) 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, 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 store.

(4) A change in the store manager of a marijuana store. (r) 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 CITY OF BRIGHTON 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. (s) Respond to inquiry. An owner or manager of a marijuana store is required to respond by phone or email within one business day 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. (t) Signs and advertising. In addition to the items listed, all licensees shall comply with all City ordinances regulating signs.

(1) Any entity licensed as a marijuana store shall comply with all City ordinances regulating signs and advertising. In addition, no 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 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 Land Use and Development 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: i. Any sign located on the same lot as a marijuana store which exists solely for the purpose of identifying the location of the marijuana store and which otherwise complies with the City’s zoning requirements and any other applicable City laws and regulations; or ii. Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the City; or iii. Advertising which is purely incidental to sponsorship of a charitable event by a marijuana store.

(3) For purposes of this subsection(s), the terms “advertise,” “advertising,” or “advertisement,” means the act of drawing the public’s attention to a marijuana establishment in order to promote the sale of marijuana goods or products by the establishment.

Sec. 9-31-90. – Application. (a) Application forms required under this Article 9-31 shall be available at the office of the City Clerk. (b) All applications for a marijuana store license shall be submitted to the City Clerk on the prescribed forms. The forms shall be accompanied by all the required fees and such additional materials as the City Clerk and/or the Authority deems necessary to carry out the provisions of the Colorado Marijuana Code and the provisions of the ordinances of the City applicable to such license and all regulations promulgated pursuant thereto. No application shall be accepted by the City Clerk which is not complete in every detail.

Any application mailed to or deposited with the City Clerk which, upon examination, is found to

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have some omission or error shall be returned to the applicant for completion or correction without any action on the part of the City Clerk or the Authority. In addition to the documents and information required under subsection (c) below, the applicant shall furnish such additional documentation or information as the City Clerk and/or the Authority deems necessary to make the determinations required by the Colorado Marijuana Code and applicable City ordinances and regulations. (c) The application must be returned to the office of the City Clerk with all necessary attachments as follows: (1) New licenses, Change of Location, or Transfer of interest in a licensed business. i. Three (3) letters of reference for each individual, partnership member or corporate officer, director and stockholder holding at least ten percent (10%) ownership interest. ii. Lease agreement, assignment of the lease to the applicant or deed to the premises in the name of the applicant. iii. Partnership agreement or, for a corporation, articles of incorporation, certificate of incorporation and certificate of good standing. iv. Consolidated financial statements of the applicant, which includes a balance sheet, income statement, and cash flow statement for the previous calendar year, including auditor’s reports and footnotes, if applicable. v. Written verification executed by a duly authorized representative of a State certified or City approved training program, which shall be kept current with the City Clerk’s office, that the applicant (licensee) and manager have completed the State certified or City approved training program for marijuana sales that meets the standards required by the Colorado Marijuana Code. vi. An agreement of sale of the business or other documentation demonstrating a transfer of possession of the licensed premises by operation of law, including a petition in bankruptcy pursuant to federal bankruptcy law, the appointment of a receiver, a foreclosure action by a secured party or a court order dispossessing the prior licensee of all rights of possession pursuant to Section 13-40-101, et seq., C.R.S. vii. No person shall make application nor shall any application be received for transfer of a license under this Article until such time as all occupational fees, license fees, sales and use taxes and other fees and charges related to the licensed premises due and owing the City are paid in full. viii. 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. ix. 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. x. 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. xi. 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. xii. Interior floor plan and plot or site plans of the premises.

(2) Applications for renewal of marijuana store licenses. i. All renewal applications for marijuana store licenses shall be submitted to the City Clerk on the prescribed forms no later than forty-five (45) days prior to the date on which the license expires. The forms shall be accompanied by all the required fees and such additional materials as the City Clerk and/or the Authority deems necessary to carry out the provisions of the Colorado Marijuana Code and regulations and the ordinances of the City related to marijuana stores and all regulations promulgated pursuant thereto. No renewal application shall be accepted by the City Clerk which is not complete in every detail. Any application mailed to or deposited with the City Clerk which, upon examination, is found to have an omission or error shall be returned to the applicant for completion or correction without any action on the part of the City Clerk or the Authority. Should any renewal application be received in completed form less than forty-five (45) days prior to the date on which the license expires, it shall be deemed a late application.

Neither the City Clerk nor the Authority shall be

responsible for the failure of a license to issue by the expiration date on any late application. ii. An application for renewal of a license shall include written verification executed by a duly authorized representative of a State certified or City approved training program, which shall be kept current with the City Clerk’s office, that the licensee, manager and each employee of the licensee who shall be selling marijuana has completed the State certified or City approved training program for marijuana sales that meets the standards required by City or State law. iii. No application for renewal of a license shall be accepted after the date of expiration; provided, however, that a licensee whose license has been expired for not more than ninety (90) days may file a late renewal application upon the payment of all required fees. iv. If there is information before the City Clerk tending to constitute good cause for not renewing a particular license for an additional year, the City Clerk shall refer the renewal application to the Authority, shall cause to be issued a notice of hearing on the license renewal. If the Authority requires a hearing to renew a license, such hearing shall be held only after a notice of hearing has been conspicuously posted on the licensed premises for a period of ten (10) days and has been provided to the applicant at least ten (10) days prior to the hearing. v. Hearings held on any renewal or late renewal application after proper notice has been given may result in denial of renewal of the license for good cause, as defined in the Colorado Marijuana Code. vi. If a marijuana store license is renewed by the Authority, such renewal will not affect a pending violation or show cause order which relates to an incident that occurred prior to the date of the renewal. The Authority shall be authorized to take whatever action is necessary against the license, either in the form of suspension or revocation of the marijuana store license, regardless of when such license has been renewed. vii. No person shall make application for nor shall any application be received for renewal of a license under this Article until such time as all occupational fees, license fees, sales and use taxes and other fees and charges related to the licensed premises due and owing the City are paid in full.

(3) Applications for late renewal of marijuana store licenses. i. Any applicant for late renewal of a license shall be required to submit a late renewal application. ii. In no event shall a late renewal application be accepted by the City Clerk more than ninety (90) days after the expiration of a licensee’s permanent annual license. iii. The Authority, in its discretion, may hold a public hearing to determine the qualifications of an applicant for late renewal of a license. (d) The completed application will be processed by the City Clerk and may be reviewed by any department as needed and presented to the Authority for public hearing.

(1) An application for a new license or for change of location of a licensed business requires a public hearing which will be set by the Authority pursuant to the notice requirements set forth in the Colorado Marijuana Code.

(2) No licensee shall make application for, nor shall any application be received for, a new license or for change in location under this Article until such time as all occupational fees, license fees, sales and use taxes and other fees and charges related to the licensed premises due and owing the City are paid in full. (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) 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. 9-31-100. – Findings of the Authority. (a) The Authority may specify terms, conditions or provisions upon granting of a license as the Authority may deem necessary to carry out the exercise of police powers, provided that these terms, conditions or provisions do not conflict with the laws of the State, the Colorado Marijuana Code, or ordinances of the City. (b) The Authority shall have the power to impose on a licensee as a condition of a period of suspension held in abeyance or as a condition of renewal any conditions reasonably related to the offenses leading to the suspension or the conduct of the business for which the license is to be renewed. (c) The decision of the Authority shall constitute final agency action of the Authority for all purposes under the applicable State statutes, and the Colorado Marijuana Code.

Sec. 9-31-110. – 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. 9-31-120. – 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. 9-31-130. – Nonrenewal, suspension, or revocation of a 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 Article 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 marijuana store 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 marijuana store; (5) Violation of any law by which, if occurring prior

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to submittal of the application, could have been cause for denial of the license application.

(6) Distribution of retail marijuana and/or medical, marijuana in violation of this Article 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 Article or otherwise applicable to the business or any other applicable law.

(10) Revocation or suspension of any other license issued by the City, the State, or any other jurisdiction held by any licensee of the marijuana store.

(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 marijuana store 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 marijuana store; or (4) An ongoing nuisance condition emanating from or caused by the marijuana store.

(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 City of Brighton Police 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 store license, during the period of suspension, the business: (1) Shall post two (2) 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 marijuana, nor allow any customers into the licensed premises.

Sec. 9-31-140. – 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 retail marijuana or retail 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

(6) Advertise or publish materials or display signs that are in violation of this Article.

of any marijuana license issued pursuant to this Article 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 Article shall apply to all applications for full or partial transfer of ownership of any marijuana store license.

(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 marijuana or the operation of a marijuana store.

(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 Article.

(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.

Sec. 9-31-170. – Change of corporate structure.

A change of corporate structure of a marijuana store 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.

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.

(9) No marijuana store 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 sale 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. 9-31-150. – Inspection of books and records. (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 Authority, its duly authorized representatives, and the City of Brighton 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 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 shall be subject to inspection by the Authority, its duly authorized representatives, and the City’s Police Department or any other City 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. 9-31-160. – Transfer of ownership. (a) A marijuana store 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 marijuana store license is valid only for the owner named thereon and the location for which the license issued. The licensee of a marijuana store is only those persons disclosed in the application or subsequently disclosed to the City in accordance with this Article. A transfer of a marijuana store 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

(a) Any transfer or assignment of ten percent (10%) or more of the capital stock of any corporation, or ten percent (10%) 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 (10%) of an ownership interest in the business entity if that individual’s ownership interest did not exceed ten percent (10%) prior to the transfer. (d) A change of corporate structure that results in any transfer or assignment of less than ten percent (10%) of the capital stock of any corporation or less than ten percent (10%) 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 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 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. 9-31-180. – Violations and penalties. (a) The Authority shall hear all actions relating to the suspension or revocation of licenses pursuant to this Article. 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 Article, any person, including but not limited to, any licensee, manager or em-

ployee of a marijuana store, or any customer of such business, who violates any of the provisions if this Article, shall be guilty of a misdemeanor offense punishable in accordance with 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 (10) 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.

made payable to the City and paid within fifteen (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 to violations of this Article, 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. 9-31-190. – 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 marijuana store for a violation of state or federal laws, rules, and regulations.

(1) A violation by a licensee or licensee’s officers, agents, or employees of any of the provisions of this Article, or any laws of the City or the State of Colorado relating to the sale of marijuana.

(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 marijuana store that is the subject of the license.

(2) Violations of any conditions imposed in connection with the issuance or renewal of the license.

Section 6. All definitions, sections, and subsections not expressly modified herein remain in full force and effect.

(3) Failure to pay state or local taxes related to the operation of the business associated with the license.

Section 7.

As provided in City Charter Section 5.9(A), this Ordinance, either as presented or as amended, shall be published in full as it was adopted after the initial reading. This Ordinance shall be in full force and effect five days after its final publication, as provided in City Charter Section 5.8, except as set forth herein.

(e) The following shall be grounds for suspension or revocation of the licensee’s license(s):

(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 Article 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:

INTRODUCED, PASSED ON FINAL READING AND ORDERED PUBLISHED THIS 6th DAY OF February 2024.

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor ATTEST: /s/NATALIE HOEL, City Clerk APPROVED AS TO FORM: /s/YASMINA GIBBONS, Deputy City Attorney Legal Notice No. BSB2995 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade Public Notice

(1) Revoke the license for any period up to and including permanent revocation;

ORDINANCE NO. INTRODUCED BY: Padilla

(2) Suspend the license for any period of time;

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE SABLE FARMS ZONING MAP AMENDMENT FROM THE SABLE FARMS PLANNED UNIT DEVELOPMENT TO THE ZONING DESIGNATIONS MU-R/EC, R-2, R-3, AND OS FOR AN APPROXIMATELY 131.52 ACRES OF PROPERTY, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF E-470 AND SABLE BOULEVARD AND MORE SPECIFICALLY LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO

(3) Impose a fine or fine in lieu of suspension of at least five hundred dollars ($500.00) but no more than one hundred thousand dollars ($100,000.00); or (4) Establish conditions that must be met before the license holder may apply for reinstatement of the license. (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. (h) Payment of any fine pursuant to the provisions of this Article shall be in the form of cash or in the form of a certified check or cashier’s check

WHEREAS, Sable Land, LLC (the “Owner” or the “Applicant”) is the owner of approximately 131.52 acres of real property more specifically described in EXHIBIT A, attached hereto and incorporated herein (the “Property”); and WHEREAS, Chris Shandor (the “Project Contact”), on behalf of Owner, has requested ap-

Brighton Standard Blade/Fort Lupton Press February 15, 2024 * 6

34

Public Notices

proval of the Sable Farms Zoning Map Amendment on behalf of the Owner, attached hereto as EXHIBIT B (the “Zoning Map Amendment”); and WHEREAS, City staff reviewed the application using the criteria for a Zoning Map Amendment as outlined in Section 2.03(B) of the Land Use & Development Code (the “LUDC”); and

WHEREAS, the Planning Commission conducted a public hearing on December 14, 2023, to review and consider the application pursuant to the applicable provisions and criteria set forth in the LUDC, and provided a recommendation of approval to the City Council; and WHEREAS, the City Council opened a public hearing on February 6, 2023, where it conducted its review and considered the application pursuant to the applicable provisions and criteria set forth in the LUDC; and WHEREAS, in accordance with the public notice requirements of the LUDC, a Notice of Public Hearing was mailed to all property owners within 1,000 feet of the Property, a public notice was published on the City’s website, and signs were posted on the Property, all for no less than fifteen (15) days prior to the City Council public hearing; and WHEREAS, at the public hearing, the City Council received and considered all relevant evidence and testimony from City staff, the Applicant, and other interested parties, including the public at large.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brighton, Colorado, as follows: Section 1. The City Council finds and determines that the proposed Zoning Map Amendment is in accordance with the goals and objectives of the Comprehensive Plan and any other plan, policy or guidance adopted pursuant to that plan; that the proposed Zoning Map Amendment will support development in character with existing or anticipated development in the area, including the design of streets, civic spaces and other open space; the pattern, scale and format of buildings and sites; and the integration, transitions and compatibility of other uses; that the City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed district; that the change will serve a community need, amenity or development that is not possible under the current zoning or that was not anticipated at the time of the initial zoning of the property; and that the recommendations of any professional staff or advisory review bodies have been taken into consideration.

Section 2. The Property is hereby rezoned MU-R/ EC, R-2, R-3, and OS, as more particularly set forth in Exhibit A and as the Sable Farms Zoning Map Amendment as generally shown in Exhibit B. Section 3.

The City Zoning Map shall be amended to reflect the Sable Farms Zoning Map Amendment.

Section 4.

As provided in City Charter Section 5.9(A), this Ordinance either as presented or as amended, shall be published in full as it was adopted prior to taking final action. This Ordinance shall be in full force and effect for five days after its final publication, as provided in City Charter Section 5.8, except as set forth herein.

INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED, THIS 6th DAY OF FEBRUARY 2024.

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor ATTEST: /s/NATALIE HOEL, City Clerk APPROVED AS TO FORM: /s/YASMINA GIBBONS, City Attorney Legal Notice No. BSB2999 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade Public Notice ORDINANCE NO. INTRODUCED BY: Fiedler AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING ARTICLE 2-66 OF THE BRIGHTON

MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION WHEREAS, Brighton City staff has reviewed Article 2-66 of the Brighton Municipal Code in comparison with other approved documents relating to historic preservation within the City; and

WHEREAS, certain amendments to the Brighton Municipal Code are necessary to better implement the historic preservation program within the City; and WHEREAS, the City Council has reviewed the proposed amendments to the Brighton Municipal Code and desires to adopt such amendments.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Brighton, Colorado, as follows: Section 1. Article 2-66 is hereby amended in its entirety as follows: Sec. 2-66-10. Establishment; membership. (a) The City Council hereby creates an Historic Preservation Commission, which shall have principal responsibility for matters of historic preservation set forth in this Article and Section 10.03, Historic Preservation, of the Land Use & Development Code (LUDC), as amended from time to time, and all other ordinances, rules, regulations, policies, and procedures of the City related to preservation of cultural resources. (b) Except as provided in Paragraph (1) below, the Historic Preservation Commission shall consist of seven (7) members. Members shall be residents of the City for at least one (1) year prior to their appointment and shall have a demonstrated interest or expertise in preservationrelated disciplines, including but not limited to history, architecture, landscape architecture, architectural history, historic archaeology, urban planning, American studies, American civilization, or related disciplines such as the building trades, cultural geography, cultural anthropology, real estate, finance, or law. The City Manager, or his or her designee, shall serve as a nonvoting member of the Historic Preservation Commission. In addition to the seven voting members and two alternate members, the Mayor and City Council may appoint an Emeritus member in order to provide additional expertise, historical knowledge, and valuable input to the Commission. Similarly, a Youth Commission member may also be appointed by the Mayor and City Council to serve on the Commission at any time.

A quorum of the Historic Preservation Commission shall be at least four voting (4) members.

(1) No fewer than three (3) members of the Historic Preservation Commission shall be professionals, as described in Appendix 1, Historic Preservation Professional Qualifications, of the Colorado Certified Local Government Handbook, as may be amended from time to time. a. The City Council shall, as much as is possible, appoint members to the Historic Preservation Commission who meet the qualifications for a historic preservation professional as described in Appendix 1, Historic Preservation Professional Qualifications of the Colorado Certified Local Government Handbook, as may be amended from time to time. Other suitable candidates for the historic preservation professional positions may be appointed to the Commission at the discretion of the City Council. b. Professional members shall be exempt from the term limitation requirement referenced in Subsection (e). However, each member must still be appointed by the City Council for each consecutive term. c. The City Council may appoint no more than three (3) members to the Historic Preservation Commission who reside outside of the City limits.

Members who reside outside of the City limits may be appointed, if necessary, to fulfill historic preservation professional vacancies. (c) The City Council may appoint, in addition to the seven (7) voting members of the Historic Preservation Commission, two (2) alternate members of the Commission for terms of four (4) years. The initial terms of the alternates shall be two (2) years and thereafter the terms of alternates shall be four (4) years. For the purposes of this provision, a term shall include the balance of an unexpired term by an alternate appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(1) The alternates shall attend and participate in meetings of the Commission.

(2) Alternates shall not serve more than two (2)

February 15, 2024Fe

successive terms.

districts.

(3) The appointment and service of alternates shall be in accordance with the following subsections of this Section 2-66-10: a. Subsection (b) related to residency and expertise; b. Subsection (d) requiring diligent efforts to expand and increase their expertise, professional development, and required attendance; and c. Subsection (f) related to removal of members and filling of unexpired terms.

(3) Recommend to the City Council policies, procedures, criteria, guidelines, and standards to implement the identification, designation, and preservation purposes of LUDC Section 10.03, Historic Preservation, of this Code and all other ordinances, rules, regulations, policies, and procedures of the City related to historic preservation.

(d) The commitment to maintain and enhance high standards of credibility, integrity, professionalism, ethics, and expertise is of paramount importance for every member of the Historic Preservation Commission. The City Council, public officials, citizens, City staff, and fellow colleagues depend and rely upon the expertise and integrity of the Historic Preservation Commission. In order to maintain the credibility required for those persons appointed to decision-making bodies, such as the Historic Preservation Commission, members of the Historic Preservation Commission shall make diligent efforts to expand and increase their expertise and professional development and to attend and participate in all regularly scheduled Commission meetings.

(1) Professional development and training. Each member of the Historic Preservation Commission, at least once during their appointed term, shall attend an historic preservation conference or attend some form of formal continued professional development and training. Every effort should be made to attend a professional development event within the first year of the member’s term. a. Eligible professional development subjects will focus on contemporary skills and knowledge in the practices, theories, tools, techniques, and legal issues in the fields of historic preservation, urban planning, architectural history, archaeology, and history. b. Failure of a member to attend at least one (1) eligible professional development program will disqualify that person from being eligible for reappointment to the Historic Preservation Commission.

(2) Attendance policy. Each member of the Historic Preservation Commission shall attend no less than seventy-five percent (75%) of all the scheduled Historic Preservation Commission meetings. a. Failure of a member to attend at least seventyfive percent (75%) of the regularly scheduled Historic Preservation Commission meetings will disqualify that person from being eligible for re-appointment to the Historic Preservation Commission. b. The City Council, at its own discretion, may elect to waive the attendance policy for Historic Preservation Commission members in the case of illness or some other extenuating circumstance. (e) The Mayor and City Council shall appoint the members of the Historic Preservation Commission. The terms of the members of the Historic Preservation Commission shall be four (4) years.

Members shall not serve more than two (2) successive terms, except as otherwise noted for professional members in Subsection (b) (1) b.

For the purposes of this provision, a term shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. (f) Members of the Historic Preservation Commission may be removed by the City Council, with or without cause. If a vacancy occurs on the Historic Preservation Commission, it shall be filled by the City Council for the remaining unexpired portion of the term.

Sec. 2-66-20. Powers and duties. (a) The Historic Preservation Commission shall act in a quasi-judicial manner and shall draw a reasonable balance between the protection of private property rights and the public’s interest in preserving the City’s unique historic character.

It shall have the following powers, duties, and rule-making authority, subject to approval by the City Council: (1) Advise the City Council on matters related to preserving the cultural resources and historic character of the City.

(2) Recommend to the City Council policies, procedures, criteria, guidelines, and standards for the conduct of surveys and inventories of the cultural resources of the City, including identification of historic sites, structures, buildings, and

(4) Recommend to the City Council policies, procedures, criteria, guidelines, and standards for granting or denying applications for Certificates of Appropriateness to alter, construct, repair, move or demolish designated historic sites, structures, or buildings.

(5) Continue the process for the survey and inventory of cultural resources, including buildings, sites, structures and districts within the City for designation of Historic landmarks or Historic districts. All surveys shall be conducted in accordance with the policies, procedures, criteria, guidelines, and standards approved by the City Council and the Historic Survey Manual produced by the State Historic Preservation Officer. Surveys and inventories of cultural resources shall be for the purpose of defining those of historic significance and setting the priorities for determination of the importance of identified cultural resources. a. The Historic Preservation Commission shall prepare a City Historic Properties Watch List. The Watch List shall include a list of properties that are older than fifty (50) years old. The Historic Preservation Commission shall then conduct a cultural resources survey to determine the historic significance, if any, each structure possesses. b. Each structure shall be evaluated as to its historic significance and placed in a City Historic Properties Priority Matrix. The Priority Matrix shall include a list of those properties that, based upon the findings of the cultural resources survey, have been determined to possess some level of historic significance. This matrix shall identify basic levels of priority and rank the properties accordingly.

(6) Review cultural resources nominated for designation as a historic landmark or historic district and recommend that the City Council either approve, approve with conditions, or deny the nomination for designation.

(7) Review and make decisions on applications for Certificates of Appropriateness (COA) related to alterations, construction, repair, moving and/ or demolition to a designated historic landmark or historic district.

(8) Advise and assist owners of cultural resources and historic properties on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, including nomination to the National Register of Historic Places and the Colorado State Register of Historic Properties.

(9) Develop and assist in public education programs, including but not limited to walking tours, brochures, marker programs for historic properties, lectures, and conferences.

(10) Actively pursue financial assistance for preservation-related programs.

(11) Make recommendations to the City Manager concerning the utilization of grants from federal, state, or local agencies, private groups, and individuals, and the utilization of budgetary appropriations to promote the preservation of significant cultural resources.

(12) Perform all actions and functions as authorized or directed by LUDC Section 10.03, Historic Preservation, of this Code and all other ordinances, rules, regulations, policies, and procedures of the City related to historic preservation.

(13) Such other and further duties and responsibilities as may be directed by resolution or ordinance of the City Council.

Sec. 2-66-30. Officers; procedures; bylaws. (a) The Historic Preservation Commission shall elect annually from its membership a chairperson and such other officers as may be required. (b) Rules of procedure and bylaws shall be adopted by the Historic Preservation Commission, provided that the rules of procedure and bylaws shall not be inconsistent with the City Charter, this Code or other policies established by the City Council.

(c) The Historic Preservation Commission may appoint committees and committee members it deems necessary from both within and outside its membership.

(1) There shall be a COA/Demolition Review Committee of the Historic Preservation Commission consisting of the chair of the Commission, one (1) member of the Commission selected by the chair, the Historic Preservation Administrator, and the City Manager or his or her designee.

Sec. 2-66-40. Meetings records. (a) The Historic Preservation Commission shall adopt a regular meeting schedule, provided that in no event shall it fail to meet at least four (4) times in a calendar year. (b) The Historic Preservation Commission shall conduct all meetings in accordance with Section 24-6-402, C.R.S., Open Meetings Law. (c) The Historic Preservation Commission shall maintain records of all matters coming before it, including minutes of its meetings. Such records shall be open records in accordance with Section 24-72-201, et seq., C.R.S., as amended. (d) Opportunity shall be provided for all interested parties to express their opinions and provide evidence regarding proposed designation or designations of landmarks and/or historic districts. However, nothing contained herein shall be construed to prevent the Historic Preservation Commission from establishing reasonable rules to govern the proceeding of the hearings or from establishing reasonable limits on the lengths of individual presentations.

Section 2. As provided in City Charter Section 5.9(A), this Ordinance, either as presented or as amended, shall be published in full as it was adopted after the initial reading. This Ordinance shall be in full force and effect five days after its final publication, as provided in City Charter Section 5.8.

INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED, THIS 6th DAY OF FEBRUARY 2024.

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor ATTEST: /s/NATALIE HOEL, City Clerk APPROVED AS TO FORM /s/YASMINA GIBBONS, Deputy City Attorney Legal Notice No. BSB3001 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade Public Notice ORDINANCE NO. INTRODUCED BY: Pawlowski AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING TITLE 13 OF THE BRIGHTON MUNICIPAL CODE PERTAINING TO WATER AND WASTEWATER RATES, FEES, AND CHARGES ASSESSED BY THE CITY OF BRIGHTON; SETTING FORTH EFFECTIVE DATES FOR SAID RATES, FEES, AND CHARGES WHEREAS, authority is granted by the Charter to the governing body of the City of Brighton, Colorado, to assess fees and charges for services provided by the City; and WHEREAS, the City water and wastewater services operate as a government-owned business and have the status of an Enterprise under Colorado state law; and WHEREAS, City staff has completed its annual cost of service review and rate study analysis through consultation with Stantec, Inc. and presented the results to City Council at the study session on January 23, 2024; and WHEREAS, the analysis included a thorough review of current and future operational and capital expenditures required to operate City utilities in a sustainable manner and address present and future capital needs, including but not limited to, the need for a new water treatment facility; and WHEREAS, water plant investment fees (also known as impact fees) are used for expansion of the system related to growth and paid by development projects, and these fees have also

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been updated to reflect increased costs; and

WHEREAS, essential to the City’s Enterprise status, the Utilities must operate as a business and ensure rates and fees adequately fund the operational and capital costs necessary to maintain quality water for all the businesses and residents of the City of Brighton; and WHEREAS, City staff recommend and the City Council finds that the rates, fees, and charges adopted herein are reasonable, necessary, supported by a rate study analysis for operations and capital projects, and it is in the best interests of the residents of the City of Brighton to have safe quality drinking water and effective wastewater services.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. Section 13-4-130(a), (b), (d), (e), (f) of the Brighton Municipal Code is hereby amended to read as follows: (a) Residential monthly fixed charge for water service. Effective for all bills dated after April 1, 2024, a monthly fixed charge shall be billed to all water accounts whether there is water usage or not. This charge shall be billed as follows: Residential monthly water service fee $17.19 Residential monthly fixed charge for water service. Effective for all bills dated after January 1, 2025, a monthly fixed charge shall be billed to all water accounts whether there is water usage or not. This charge shall be billed as follows: Residential monthly water service fee $18.22 (b) Residential and residential irrigation volumebased water rates monthly charge per following monthly volume-based charge will be added to the monthly fixed charge. The following monthly volume-based water rates shall apply per one thousand (1,000) gallons used effective April 1, 2024: (1) Zero (0) gallons up to and including four thousand (4,000) gallons $3.01 (2) Four thousand and one (4,001) gallons up to and including ten thousand (10,000) gallons $5.52 (3) Ten thousand and one (10,001) gallons up to and including twenty thousand (20,000) gallons $5.95 (4) Twenty thousand and one (20,001) gallons up to and including thirty thousand (30,000) gallons $6.44 (5) Thirty thousand and one (30,001) gallons and greater $7.52 (6) Residential non-potable irrigation $2.79 Residential and residential irrigation volumebased water rates monthly charge per following monthly volume-based charge will be added to the monthly fixed charge. The following monthly volume-based water rates shall apply per one thousand (1,000) gallons used effective January 1, 2025: (1) Zero (0) gallons up to and including four thousand (4,000) gallons $3.19 (2) Four thousand and one (4,001) gallons up to and including ten thousand (10,000) gallons $5.85 (3) Ten thousand and one (10,001) gallons up to and including twenty thousand (20,000) gallons $6.31 (4) Twenty thousand and one (20,001) gallons up to and including thirty thousand (30,000) gallons $6.83 (5) Thirty thousand and one (30,001) gallons and greater $7.97 (6) Residential non-potable irrigation $2.96 (d) Multi-family residential volume-based water rates. Effective with all utility bills dated after April 1, 2024, the following monthly volumebased charge will be added to the monthly fixed charge. The following monthly volume-based water rates shall apply per one thousand (1,000) gallons used: (1) All indoor and indoor/outdoor combined usage a. From zero (0) up to and including forty thou-

sand (40,000) gallons $6.04 b. Usage over forty thousand (40,000) gallons $7.52 (2) Multi-family irrigation only usage a. From zero up to and including forty thousand (40,000) gallons $6.04 b. Usage over forty thousand (40,000) gallons is $9.83. c. Multi-family non-potable irrigation $2.79 Multi-family residential volume-based water rates.

Effective with all utility bills dated after January 1, 2025, the following monthly volume-based charge will be added to the monthly fixed charge. The following monthly volume-based water rates shall apply per one thousand (1,000) gallons used: (1) All indoor and indoor/outdoor combined usage a. From zero (0) up to and including forty thousand (40,000) gallons $6.40 b. Usage over forth thousand (40,000) gallons $7.97 (2) Multi-family irrigation only usage a. From zero up to and including forty thousand (40,000) gallons $6.40 b. Usage over forty thousand (40,000) gallons is $10.42 c. Non-potable irrigation $2.96 (e) Commercial, irrigation, municipal potable, non-potable irrigation, industrial, mixed use, bulk and schools monthly fixed charges. Effective for all utility bills dated after April 1, 2024, the following monthly fixed charge shall be billed to all water accounts whether there is water usage or not. These fees shall be applied based on tap size.

(1) Three-quarter inch (¾”) $ 17.19 (2) One inch (l”) $ 28.61 (3) One-and-one-half inch (1 ½”) $ 56.93 (4) Two inch (2”) $ 91.37 (5) Three inch (3”) $171.85 (6) Four inch (4”) $286.17 (7) Six inch (6”) $568.89 Commercial, irrigation, municipal potable, nonpotable irrigation, industrial, mixed use, bulk and schools monthly fixed charges. Effective for all utility bills dated after January 1, 2025, the following monthly fixed charge shall be billed to all water accounts whether there is water usage or not.

These fees shall be applied based on tap size.

(1) Three-quarter inch (¾”) $ 18.22 (2) One inch (l”) $ 30.33 (3) One-and-one-half inch (1 ½”) $ 60.34 (4) Two inch (2”) $ 96.85 (5) Three inch (3”) $182.16 (6) Four inch (4”) $303.34 (7) Six inch (6”) $603.02 (f) Commercial, industrial, mixed use, municipal potable, schools, bulk (hydrant meter use), and non-potable irrigation volume-based water rates.

Effective with all utility bills dated after April 1, 2024, the following monthly volume-based charge will be added to the monthly fixed charges. The following monthly volume-based water rates shall apply per one thousand (1,000) gallons used: (1) Indoor use $5.72 (2) Indoor and outdoor combined use $7.25 (3) Irrigation only use $9.83 (4) Bulk use - hydrants $9.83 (5) Non-potable irrigation $2.79 Commercial, industrial, mixed use, municipal potable, schools, bulk (hydrant meter use), and non-potable irrigation volume-based water rates.

Effective with all utility bills dated after January 1, 2025, the following monthly volume-based charge will be added to the monthly fixed charges. The following monthly volume-based water rates shall apply per one thousand (1,000) gallons used: (1) Indoor use $6.06 (2) Indoor and outdoor combined use $7.69 (3) Irrigation only use $10.42 (4) Bulk use - hydrants $10.42 (5) Non-potable irrigation $2.96 Section 2.

Section 13-16-70 of the Brighton Municipal Code is hereby amended to read as follows: Sec. 13-16-70 Wastewater service charges; rate; notifications (1) Wastewater service charge. All wastewater service charges for processing of wastewater in the City shall be assessed pursuant to a schedule of fees to be set by ordinance duly adopted by City Council after review of such fee schedule as the City Council from time to time deems necessary. Any rate increases authorized or required

by Lochbuie or Metro Water Recovery shall increase the City’s rates accordingly for each of their respective customers in the same proportion

or percentage.

(2)(a) Effective for all utility bills as set forth below, the following shall be the schedule of monthly rates for wastewater service for Metro Water Recovery customers: (1) Residential monthly fixed fee. The following monthly fixed charge shall be billed after April 1, 2024 to all residential wastewater accounts whether there is usage or not. This fee shall be as follows: Residential monthly fixed fee $13.22 (2) Commercial, industrial, municipal, mixed use, schools, and multi-family monthly fixed fee. Effective for all utility bills dated after April 1, 2024, the following monthly fixed rate shall be billed to all water accounts whether there is water usage or not. These fees shall be applied based on tap size. a. Three-quarter inch $22.73 b. One inch $53.73 c. One-and-one-half inch $131.70 d. Two inch $238.69 e. Three inch $501.37 f. Four inch $907.13 g. Six inch $2,446.96 (b) Volume based wastewater rate—Residential metered water usage. Effective for all residential utility bills dated after April 1, 2024, all users of the wastewater system who are metered for water usage will be billed a volume-based wastewater rate each month, based on the average water usage as reflected in the prior December, January, and February water bills. Monthly volume-based wastewater rates per one thousand (1,000) gallons of water usage are as follows (1) Residential (up to four (4) dwelling units) $5.03 (c) Fixed wastewater rate—Non-metered water usage. Effective for all utility bills dated after April 1, 2024, those users of the wastewater system who are not metered for water usage will be billed a fixed wastewater rate each month. The monthly fixed wastewater rates for non-metered water are as follows: (1) Residential (up to four (4) dwelling units) $ 26.82 (2) Multi-family, number of dwelling units × $26.82 (3) Commercial $56.19 (d) Commercial and municipal property—Rated based on actual water usage. Effective for all utility bills dated after April 1, 2024, any owner of a commercial property in the City which receives City wastewater service will be billed a wastewater rate based on actual water usage each month. Monthly volume-based rates per one thousand (1,000) gallons of water usage for approved commercial and municipal users shall be as follows: Commercial and Municipal $6.17 (e) All Metro Water Recovery wastewater users shall be assessed a monthly fee of three dollars ($3.00) for residential properties and six dollars ($6.00) for multi-family residential property. All other users shall be assessed a monthly fee based on tap size as follows: (1) ¾ inch $6.00 (2) 1 inch $14.40 (3) 1½ inch $33.00 (4) 2 inch $60.00 (5) 3 inch $129.00 (6) 4 inch $258.00 (7) 6 inch $654.00 (3)(a) Effective for all utility bills dated after April 1, 2024, the following shall be the schedule of monthly rates for wastewater service for Lochbuie customers: (1) Residential monthly fixed fee effective April 1, 2024. The following monthly fixed charge shall be billed to all residential wastewater accounts whether there is usage or not. This fee shall be as follows: Residential monthly fixed fee $12.32 (2) Commercial, industrial, municipal, mixed use, schools, and multi-family monthly fixed fee. Effective for all utility bills dated after April 1, 2024, the following monthly fixed rate shall be billed to all wastewater accounts whether there is water usage or not. These fees shall be applied based on tap size. a. Three-quarter inch $21.19 b. One inch $50.08 c. One-and-one-half inch $122.77 d. Two inch $222.49 e. Three inch $467.34 f. Four inch $845.56 g. Six inch $2,280.87 (b) Volume-based wastewater rate—Residential metered water usage. Effective for all residential utility bills dated after April 1, 2024, all users of the wastewater system who are metered for water usage will be billed a volume-based wastewater rate each month, based on the average water usage as reflected in the prior December, January, and February water bills. Monthly volume-based wastewater rates per one thousand (1,000) gal-

lons of water usage are as follows (1) Residential (up to four (4) dwelling units) $4.69 (c) Fixed wastewater rate—Non-metered water usage. Effective for all utility bills dated after April 1, 2024, those users of the wastewater system who are not metered for water usage will be billed a fixed wastewater rate each month. The monthly fixed wastewater rates for non-metered water are as follows: (1) Residential (up to four (4) dwelling units) $ 25.00 (2) Multi-family, number of dwelling units × $ 25.00 (3) Commercial $52.38 (d) Commercial and municipal property—Rated based on actual water usage. Effective for all utility bills dated after April 1, 2024, any owner of a commercial property in the City which receives City wastewater service will be billed a wastewater rate based on actual water usage each month. Monthly volume-based rates per one thousand (1,000) gallons of water usage for approved commercial and municipal users shall be as follows: Commercial and Municipal $5.75

above rates.

(2) Wastewater connection fees for multi-family dwellings, including apartment buildings or condominiums and single-family attached serviced by common tap (such as a duplex or townhomes) shall be assessed based on number of units.

These wastewater connection fees shall be as follows: a. First living unit $837.00 b. Each additional unit $543.00 (3) Mobile home parks shall be charged on a per user unit basis. These connection fees shall be as shown below: Each user unit $837.00 (4) For any connection greater than two (2) inches, the owner shall provide the City with an acceptable wastewater impact report authorized by a registered professional engineer experienced in wastewater services in addition to payment of the wastewater connection fee.

(5) The developer will make all taps in new developments. An inspection fee as set forth in the annual rates, fees, and charges resolution will be charged for each tap to an existing line.

(6) No new service lines will be provided outside the corporate limits of the City.

Section 3.

Section 13-4-90 (e) and (f) of the Brighton Municipal Code is hereby amended to read as follows:

(b) An additional wastewater plant investment fee shall be paid for the treatment component associated with each separate tap to any sanitary sewer line within the South Platte Basin of the City. The amount of the fee shall be based on the size of the water tap and shall be equal to the current impact fees assessed by Metro Water Recovery.

(e) A dedication of water rights is required for all development and redevelopment projects, except in limited circumstances as set forth in Section 13-4-10. Where such exceptions allow a payment of fee-in-lieu of water rights dedication, the water plant investment fee for single-family detached, mobile home parks, mixed use, commercial, industrial and other uses not specifically delineated herein shall be assessed based on tap size as follows: TAP SIZE 3/4” 1” 1.5” 2” 3” 4”

Amount $ 14,827 $ 24,712 $ 49,423 $ 79,077 $172,982 $296,540

Where water rights are dedicated to the City, the water plant investment fee (PIF) for single-family detached, mobile home parks, mixed use, commercial, industrial, and other uses not specifically delineated herein shall be assessed based on tap size as follows: TAP SIZE 3/4” 1” 1.5” 2” 3” 4”

Amount $ 17,919 $ 29,865 $ 59,730 $ 95,568 $209,055 $358,380

(f) The water plant investment fee (PIF) for those dedicating water rights to the City and those paying fee-in-lieu of water rights dedication in those limited circumstances set forth in section 13-4-10 for multi-family dwellings, including apartment buildings or condominiums and single-family attached (such as duplexes or townhomes) shall be based on number of units as follows: With water rights dedication Without water rights/fee-in-lieu First living unit $17,919 First living unit $14,827 Each additional unit $10,751 Each additional unit $ 8,896 Section 4. Section 13-16-25 shall be repealed and replaced in its entirety as follows: Sec. 13-16-25 Wastewater plant investment and connection fees (a) A wastewater connection fee for City wastewater system infrastructure shall be paid for each separate tap to any sanitary sewer line within the City. The amount of the fee shall be based on the size of the water service line. The wastewater connection fee shall be as follows: (1) Single family detached, mixed use, commercial, industrial, and other uses not specifically delineated herein shall be assessed a wastewater connection fee based on the associated water tap size in the following amounts: a. Three-quarter inch $837.00 b. One inch $1,395.00 c. One-and-one-half inch $2,790.00 d. Two inch $4,464.00 e. Three inch $8,928.00 f. Four inch $13,950 g. Meters larger than four inches shall be assessed proportionally and consistently with the

(c) An additional wastewater plant investment fee shall be paid for the treatment component associated with each separate tap to any sanitary sewer connection within the Beebe Draw Basin of the City. The amount of the fee shall be based on the size of the water tap and shall be equal to the current impact fees assessed by the City of Lochbuie.

Section 5. As provided in City Charter Section 5.9(A), this Ordinance, either as presented or as amended, shall be published in full as it was adopted prior to taking final action. This Ordinance shall be in full force and effect five (5) days after publication following final passage.

INTRODUCED, PASSED ON FIRST READING AND ORDERED PUBLISHED this 6th day of February 2024.

CITY OF BRIGHTON, COLORADO /s/GREGORY MILLS, Mayor ATTEST: /s/NATALIE HOEL, City Clerk APPROVED AS TO FORM: /s/ALICIA CALDERÓN, City Attorney Legal Notice No. BSB2996 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

Bids and Settlements Public Notice City of Thornton BID NOTICE The City of Thornton, Colorado, requests bids for the leasing of certain shares in the following ditch company for the 2024 Irrigation Season: Kershaw Ditch.

Bids will be accepted until 4:00 p.m. on March 12, 2024, in the Water Resources Division Office, 12450 Washington Street, Thornton, CO 802412405. No bids will be accepted beyond this date. Bids shall be in a sealed envelope plainly marked “City of Thornton, Water Resources Division, ATTN: Share Leases/Liz Samlan.” Bids received after 4:00 p.m. on March 12, 2024, shall be returned to the Bidder unopened and will not be considered under any circumstances. Sole responsibility rests with the Bidder to see that the bid is received on time.

Bids shall contain the following information: (1) the ditch company and division, if applicable, in which the shares are to be leased; (2) the numbers of shares to be leased; (3) the ditch and headgate through which the shares are to be delivered; (4) the name, address, phone number and email address of the potential lessee; and (5) the bid price per ditch company share for the potential lease. Minimum bids are: $260 per share.

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The City of Thornton has the right to reject any and all Bids, or any part thereof, to waive any formalities or informalities contained in said Bid, and to award the Bid to the highest responsive and responsible Bidder, as deemed in the best interest of the City of Thornton. No Bids will be accepted from Bidders wishing to sub-lease.

Any questions concerning this Bid shall be directed to Liz Samlan, Water Resources Division, City of Thornton, (720) 977-6505.

Legal Notice No. BSB2972 First Publication: February 8, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade Public Notice City of Thornton BID NOTICE The City of Thornton, Colorado, requests separate bids for the leasing of certain shares in the following ditch companies for the 2024 Irrigation Season: Farmers Reservoir and Irrigation Company (FRICO Barr Division) and Burlington Ditch and Reservoir Company (Burlington Barr Division).

Bids will be accepted until 4:00 p.m. on March 12, 2024, in the Water Resources Division Office, 12450 Washington Street, Thornton, CO 802412405. No bids will be accepted beyond this date. Bids shall be in a sealed envelope plainly marked “City of Thornton, Water Resources Division, ATTN: Share Leases/Liz Samlan.” Bids received after 4:00 p.m. on March 12, 2024, shall be returned to the Bidder unopened and will not be considered under any circumstances. Sole responsibility rests with the Bidder to see that the Bid is received on time.

Bids shall contain the following information: (1) the ditch company and division, if applicable, in which the shares are to be leased; (2) the numbers of shares to be leased; (3) the ditch and headgate through which the shares are to be delivered; (4) the name, address phone number, and email address of the potential lessee; and (5) the bid price per ditch company share for the potential lease. Minimum bids are as follows: $100 per share for FRICO-Barr shares and $100 per share for Burlington-Barr shares.

The City of Thornton has the right to reject any and all Bids, or any part thereof, to waive any formalities or informalities contained in said Bid, and to award the Bid to the highest responsive and responsible Bidder, as deemed in the best interest of the City of Thornton. No Bids will be accepted from Bidders wishing to sub-lease.

Any questions concerning this Bid shall be directed to Liz Samlan, Water Resources Division, City of Thornton, (720) 977-6505.

Legal Notice No. BSB2973 First Publication: February 8, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

Summons and Sheriff Sale Public Notice DISTRICT COURT ADAMS COUNTY, COLORADO 1100 JUDICIAL CENTER DRIVE BRIGHTON, CO 80601 Telephone: 303-659-1161 Plaintiff: George Kline v.

Defendants: Anthony Joseph Kline and All Unknown parties Claiming an Interest in this property Case Number:2023CV31238 Division W NOTICE OF SUMMONS BY PUBLICATION PURSUANT TO § 15-10-401, C.R.S. To: Anthony Joseph Kline and All Unknown parties Claiming an Interest in this property Last Known Address, if any: 9072 Rampart St, Federal Heights, Adams County, CO 80260 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an answer or other response to the attached Complaint. If service of the Summons and Complaint was

made upon you within the State of Colorado, you are required to file your answer or other response within 21 days after such service upon you. If service of the Summons and Complaint was made upon you outside of the State of Colorado, you are required to file your answer or other response within 35 days after such service upon you. Your answer or counterclaim must be accompanied with the applicable filing fee.

If you fail to file your answer or other response to the Complaint in writing within the applicable time period, the Court may enter judgment by default against you for the relief demanded in the Complaint without further notice.

Attorney for Plaintiff: */s/ Kent L. Freudenberg #22246 115 E. Las Animas Street Colorado Springs, CO 80903 Legal Notice No. BSB2934 First Publication: January 18, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade Public Notice COUNTY COURT, COUNTY OF ADAMS, STATE OF COLORADO Court Address: 1100 Judicial Center Drive Brighton, CO 80601 Phone Number: 303-659-1161x143

Plaintiff: CREEKSIDE SOUTH ESTATES METROPOLITAN DISTRICT v.

Defendant(s): BOBBY G SISNEROS JR. Case Number: 2023C038592 Div.: 1 Ctrm.: Attorney: Jeremy Brett Daz Fletcher, Esq, Jeffrey B. Smith, Esq. Firm Name: Altitude Community Law P.C. Address: 555 Zang Street, Suite 100 Lakewood, Colorado 80228-1011 Phone Number: 303.432.9999 email: jfletcher@altitude.law and jsmith@altitude.law Atty. Reg. #: 50592 and 40490 SUMMONS BY PUBLICATION THE PEOPLE OF THE STATE OF COLORADO TO: BOBBY G. SISNEROS JR. You are hereby summoned and required to file with the Clerk of the Court an answer or other response to the complaint filed against you in this case. You are required to file your answer or other response on or before: March 19 at 8:30 A.M., in the Adams County Court, 1100 Judicial Center Drive, Brighton, CO 80601.

The relief sought by the Plaintiff(s) is an Injunction which will affect the following property: 15980 Havana Court, Brighton, CO, also known as SUB:CREEKSIDE ESTATES SECOND FILING BLK:1 LOT:3 (the “Property”).

If you fail to file your answer or other response on or before the date and time shown above, the relief sought may be granted by default by the Court without further notice.

Dated at , Colorado, this day of , 2024.

CLERK OF THE COURT By: Deputy Clerk This summons is issued pursuant to Rule 304(e), Colorado Rules of Civil Procedure. This form should not be used where personal service is desired.

WARNING: ALL FEES ARE NON-REFUNDABLE. IN SOME CASES, A REQUEST FOR A JURY TRIAL MAY BE DENIED PURSUANT TO LAW EVEN THOUGH A JURY FEE HAS BEEN PAID. Legal Notice No. BSB2966 First Publication: February 1, 2024 Last Publication: February 29, 2024 Publisher: Brighton Standard Blade

475 17th Street, Suite 1350 Denver, Colorado 80202

Misc. Private Legals Public Notice District Court, Adams County, State of Colorado Court Address: Adams County Courthouse 1100 Judicial Center Drive Brighton, Colorado 80601 In the Matter of the Determination of Heirs or Devisees or Both and of Interests in Property of: Mary Tirey a/k/a Mary V. Tirey, a/k/a Mary Viola Tirey, Deceased; and Alton Tirey, a/k/a Alton M. Tirey, a/k/a Alton Mansfield Tirey, Deceased Case Number: 2024PR030068

Legal Notice No. BSB2991 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

Public Notice T&R AUTO REPAIR 710 N.7TH AVE UNIT #5 BRIGHTON , CO 80601 IS SELLING

NOTICE OF HEARING BY PUBLICATION INTERESTED PERSONS AND OWNERS BY INHERITANCE PURSUANT TO § 15-12-1303, C.R.S. To All Interested Persons and Owners by Inheritance (List all names of interested persons and owenrs by inheritance): 1. George G. Estrada 2. Gardner Chuckwagon Supper, Inc. 3. Mountain Sky Conference of the United Methodist Church 4. Gardner Cemetery 5. Library of Congress 6. Gideon Society 7. Salvation Army 8. Walsenburg Catholic Church 9. Gardner Catholic Church 10. Huerfano County Historical Society 11. Gardner School Foundation A petition has been filed alleging that the above decedent(s) died leaving a mineral interest in the following property (including legal description if real property): Township 1 South, Range 66 West, of the 6th P.M. The Northwest one-quarter of Section 31, Township 1 South, Range 66 West of the 6th Principal Meridian, Adams County, Colorado, more particularly described as follows: Beginning at the Northwest corner of said Northwest one-quarter, thence S 89°07’40”E on an assumed bearing along the North line of said Northwest one-quarter a distance of 2670.32 feet to the Northeast corner of said Northwest one-quarter, thence S 00°41’45”W along the East line of said Northwest one-quarter a distance of 2634.85 feet to the Southeast corner of said Northwest one-quarter, thence N 89°23’10”W along the South line of said Northwest one-quarter a distance of 2673.13 feet to the Southwest corner of said Northwest onequarter, thence N 00°45’25”E along the West line of the said Northwest one-quarter a distance of 2646.90 feet to the Point of Beginning The hearing on the petition will be held at the following time and location or at a later date to which the hearing may be continued: Date: April 12, 2024 Time: 8:00 A.M. Address: Adams County District Court, 1100 Judicial Center Drive, Brighton, Colorado 80601 The hearing will take approximately one day.

Note:  You must answer the petition on or before the hearing date and time specified above.  Within the time required for answering the petition, all objections to the petition must be in writing, filed with the court and served on the petitioner and any required filing fee must be paid.  The hearing shall be limited to the petition, the objections timely filed and the parties answering the petition in a timely manner. If the petition is not answered and no objections are filed, the court may enter a decree without a hearing.

Shane Kaiser Okreek Oil and Gas II, LLC

Public Notice Estray #1560: One Black Gelding, Star, Small Snip, LH ½ Pastern, RH Partial Pastern, Roached Mane, No Brand. Livestock must be claimed by legal owner within 10 days or will be sold

by Colorado Brand Board. For information call 720-237-9698 or 303-869-9160.

Storage Liens/Vehicle Titles

Attorney: Marcus Behm 32375 County Road 13.5 Manzanola, Colorado 81058 Phone Number: (719) 543-4357 Attorney Registration Number: 39396

Date: January 31, 2024

Legal Notice No. BSB2982 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade

2006 SUZUKI XL-7 VIN ENDING IN 100484 Legal Notice No. BSB2989 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

Notice to Creditors PUBLIC NOTICE NOTICE TO CREDITORS Estate of Kyle A. Hays, also known as Kyle Alan Hays and Kyle Hays, Deceased Case Number: 2024 PR 30061 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 8, 2024, or the claims may be forever barred.

Kaleb A. Hays Personal Representative 1724 W. Balmoral Ave, #2 Chicago, IL 60640 Legal Notice No. BSB2977 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of Robert August Wemm, Deceased Case Number: 2023 PR 30956 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 1, 2024, or the claims may be forever barred.

Thomas A. Rodriguez, #30377 Lathrop GPM LLP 675 15th Street, Suite 2650 Denver, Colorado 80202 Attorney for Personal Representative, Kristin Wemm Legal Notice No. BSB2952 First Publication: February 1, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of BERYL C. MADDAMMA aka BERYL CRAVEN MADDAMMA aka BERYL MADDAMMA, Deceased Case Number: 2023 PR 30006 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 8, 2024, or the claims may be forever barred.

Maria Gale Chaffins

Personal Representative 1005 S. Joplin Way Aurora, CO 80017 Legal Notice No. BSB2953 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of Amy Lippoldt, Deceased Case Number: 2023 PR 372 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 1, 2024, or the claims may be forever barred.

Nicholas Lippolodt Personal Representative 6682 Monaco Way Brighton CO 80602 Legal Notice No. BSB2965 First Publication: February 1, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of REBECCA JO ZAHRADKA; a/k/a REBECCA J. ZAHRADKA; a/k/a REBECCA ZAHRADKA, Deceased Case Number: 2023 PR 30656 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 1, 2024, or the claims may be forever barred.

Jolene Burton Personal Representative C/O Peek Goldstone, LLC, P.O. Box 31 Erie, CO 80516 Legal Notice No. BSB2960 First Publication: February 1, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of Harlo Leaman Bailey, Deceased Case Number: 2023 PR 315 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 15, 2024, or the claims may be forever barred.

Sandra Kay Smith Personal Representative 6482 S Queen Ct Littleton, CO 80127 Legal Notice No. BSB2988 First Publication: February 15, 2024 Last Publication: February 29, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of Donald V. Mallory a/k/a Donald Van Mallory, Deceased Case Number: 2024 PR 30046 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 10, 2024, or the claims may be forever barred.

Tammy M. Connolly Personal Representative c/o Tirey Law Firm LLC 12021 Pennsylvania St., Suite 103 Thornton, Colorado 80241 Legal Notice No. BSB2969 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of Sandra Mae Warner, Deceased Case Number: 2024 PR 18

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February 15, 2024

Public Notices

All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 8, 2024, or the claims may be forever barred.

Daniel R. Bartlett Personal Representative 14693 Beeler Street Brighton, CO 80602 Legal Notice No. BSB2967 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of Terry L Thompson aka Terry Lee Thompson aka Terry Thompson aka Terry L Dunn aka Terry Lee Dunn aka Terry Dunn aka Terry L Howard aka Terry Lee Howard aka Terry Howard aka Terry L Kittelman aka Terry Lee Kittelman aka Terry Kittelman , Deceased Case Number: 2024 PR 11 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 8, 2024, or the claims may be forever barred.

Jolene Manes Personal Representative 664 N. 16th Place Brighton, CO 80601 Legal Notice No. BSB2968 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE NOTICE TO CREDITORS Estate of Audrey Mae Reichert, Deceased Case Number: 2023 PR 30915 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 8, 2024, or the claims may be forever barred.

Darrell S. Reichert Personal Representative 6674 Sunburst Ave. Firestone, CO 80504 Legal Notice No. BSB2983 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade

NOTICE TO CREDITORS Estate of Isabelle Rose Walker, Deceased Case Number: 2023 PR 30564 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 1, 2024, or the claims may be forever barred.

IN THE INTEREST OF:

Last Publication: February 15, 2024 Publisher: Brighton Standard Blade PUBLIC NOTICE

Uriel Loza Rendon A Child, and Concerning

NOTICE TO CREDITORS Estate of DIANE KAY WAGNER, a.k.a. DIANE K. WAGNER, a.k.a. DIANE WAGNER, Deceased Case Number: 2024 PR 30021

Beatriz Loza Rendon, John Doe Respondents:

Matthew Walker Personal Representative c/o Rocky Mountain Elder Law 651 Garrison Street Suite 240 Lakewood Colorado 80215

All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 17, 2024, or the claims may be forever barred.

Legal Notice No. BSB2961 First Publication: February 1, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

Jack Bell Personal Representative c/o Werth Law LLC P.O. Box 808 Brighton, CO 80601

PUBLIC NOTICE NOTICE TO CREDITORS Estate of DENNIS LOUIS CAMPBELL, aka DENNIS L. CAMPBELL, aka DENNIS CAMPBELL, Deceased Case Number: 2023 PR 30924 All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Adams County, Colorado on or before June 8, 2024, or the claims may be forever barred.

Deborah A. Ytterberg, Atty. Reg. #: 50895 CRAIG D. JOHNSON & ASSOCIATES, P.C. 8 Garden Center, Unit 2 Broomfield, CO 80020 Phone Number: 303-466-2335 FAX Number: 303-466-6342 E-mail: dytterberg@cdjlaw.com Legal Notice No. BSB2974 First Publication: February 8, 2024 Last Publication: February 22, 2024 Publisher: Brighton Standard Blade Public Notice NOTICE TO CREDITORS Estate of W.M. Young, aka William M. Young, and William Melvin Young, Deceased Case Number: 23PR30927 All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Adams County, Colorado on or before Monday, June 3, 2024, or the claims may be forever barred.

Walter Young, Personal Representative 1129 Quentin Street Aurora, CO 80011 Legal Notice No. BSB2955 First Publication: February 1, 2024

Legal Notice No. BSB2990 First Publication: February 15, 2024 Last Publication: February 29, 2024 Publisher: Brighton Standard Blade

SUMMONS To the parents, guardian, or other respondents named above, GREETINGS: John Doe You are hereby notified that a verified petition has been filed in the above named Court in which it is represented to the Court that said child are alleged to be dependent and neglected; for the reasons set forth more fully in said petition, a copy of which is attached hereto and incorporated herein by reference for greater certainty.

You are further notified that the parent-child legal relationship may be terminated by this action, if prayed for in the petition.

You are further notified that the Court has set said petition for hearing on the 30th day of April, 2024 at the hour of 9:50 am. You are hereby notified to be and appear, at said time, before this Court located at the Adams County Justice Center, 1100 Judicial Center Drive, Brighton, CO 80601.

Name Changes PUBLIC NOTICE Public Notice of Petition for Change of Name Public notice is given on January 30, 2024, that a Petition for a Change of Name of an adult has been filed with the Adams County Court.

The petition requests that the name of Samuel Kremer-Martinez be changed to Samuel Kremer Case No.: 23 C 169

Witness my hand and seal of said Court this 2nd day of February, 2024.

Alana Percy Clerk of the District Court Legal Notice No. BSB2992 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade

By: Deputy Clerk

Public Notice

Legal Notice No. BSB2993 First Publication: February 15, 2024 Last Publication: February 29, 2024 Publisher: Brighton Standard Blade

DISTRICT COURT, ADAMS COUNTY, COLORADO Court Address: 1100 Judicial Center Drive Brighton, CO 80601 Child(ren): Princess Amara

Children Services

Respondents: Kyema Cattron Smith, John Doe

(Adoption/Guardian/Other)

Case Number: 23JV30071 Div.: D ORDER OF ADVISEMENT

Public Notice

NOTICE TO THE ABOVE-NAMED RESPONDENTS,: Kyema Cattron Smith and John Doe

STATE OF COLORADO IN THE DISTRICT COURT COUNTY OF ADAMS Division D1 No. 23JV30179 THE PEOPLE OF THE STATE OF COLORADO

YOU ARE HEREBY ADVISED that the Petitioner, has filed a Motion to Terminate the Parent-Child Legal Relationship which now exists between you and the above-named child(ren);

YOU ARE FURTHER ADVISED that the Motion has been set for hearing in Division D of the District Court in and for the County of Adams, Adams County Justice Center, 1100 Judicial Center Drive, Brighton, Colorado, on the 20th day of May, 2024, at 9:30 a.m., at which time the Petitioner must prove by clear and convincing evidence that: 1) That the child(ren) was adjudicated dependent or neglected; 2) That an appropriate treatment plan has not reasonably been complied with by the parent or has not been successful; 3) That the parents are unfit; 4) That the conduct or condition of the parent or parents is unlikely to change within a reasonable time; no less drastic alternative to termination exists, and 6) That it is in the best interests of the child(ren) that the parent-child legal relationship which exists between the child(ren) and the respondent(s) be terminated and severed.

OR 1) That the child(ren) has been abandoned by parent or parents in that the parent or parents have surrendered physical custody for a period of six months and during this period have not manifested to the child(ren), the court or to the person having physical custody a firm intention to assume or obtain physical custody or to make permanent legal arrangements for the care of the child(ren); and 2) That it is in the best interests of the child(ren) that the parent-child legal relationship which exists between the child(ren) and the respondent(s) be terminated and severed.

OR 1) That the child(ren) has been abandoned by parent or parents in that the identity of the parent of the child is unknown and has been unknown for three months or more and that reasonable efforts to identify and locate the parent in accordance with section 19-3-603 have failed; and 2) That it is in the best interests of the child(ren) that the parent-child legal relationship which exists between the child(ren) and the respondent(s) be terminated and severed.

If a grandparent, aunt, uncle, brother, or sister of the child is requesting guardianship or legal custody of the child such request must be filed within twenty days of the filing of this motion.

YOU ARE FURTHER ADVISED that you have the right to have legal counsel represent you in all matters connected with the Motion to Terminate the Parent-Child Legal Relationship. If you cannot afford to pay the fees of legal counsel, you are advised that the Court will appoint legal counsel to represent you at no cost to you upon your request and upon your showing of an inability to pay.

If you have any questions concerning the foregoing advisement, you should immediately contact either your legal counsel or the Court.

Done and signed on: February 6, 2024

BY THE COURT: District Court Judge/Magistrate Legal Notice No. BSB2994 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Brighton Standard Blade ###

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February 15, 2024Fe

Public Notices Fort Lupton Press Legals

Metro Districts

Metropolitan Districts

Budget Hearings

Public Notice NOTICE OF PUBLIC HEARING ON EXCLUSION OF PROPERTY FROM LUPTON VILLAGE COMMERCIAL METROPOLITAN DISTRICT NOTICE IS HEREBY GIVEN that there has been filed with the Board of Directors of Lupton Village Commercial Metropolitan District (the “District”), City of Fort Lupton, Weld County, a petition praying that certain property, which is described below, be excluded from the boundaries of the District. The owner of one hundred percent (100%) of the property identified in the petition has given its consent to the exclusion of the property from the District’s boundaries.

Pursuant to § 32-1-903 CRS, as amended, the District’s meetings may be conducted electronically, telephonically or by other virtual means. Accordingly, notice is hereby given to all interested persons that they shall appear at a public hearing at https://us06web.zoom.us/j/85879132618, Meeting ID: 858 7913 2618 at 1:30 PM on February 16, 2024, and show cause in writing why the petition should not be granted. The Board of Directors of the District, in its own discretion, may continue the hearing to a subsequent meeting.

The name and address of the petitioner is Lupton Village Commercial Metropolitan District, whose address is 1151 Eagle Drive, Suite 366, Loveland, CO 80537. The property for which exclusion is sought is generally described as Tract B of the Final Plat Lupton Village P.U.D. recorded in the office of the Clerk & Recorder of Weld County, Colorado on February 19, 2021 at reception number 4684462.

A full and complete legal description of the property petitioned for exclusion is on file at the Law Office of Michael E. Davis, LLC, 1151 Eagle Drive, Suite 366, Loveland, Colorado, 80537, and is available for public inspection during regular business hours 9:00 A.M. to 5:00 P.M.

BY ORDER OF THE BOARD OF DIRECTORS OF LUPTON VILLAGE COMMERCIAL METROPOLITAN DISTRICT By:LAW OFFICE OF MICHAEL E. DAVIS, LLC Attorneys for the District Legal Notice No. FLP1006 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Fort Lupton Press

Public Notice LUPTON VILLAGE COMMERCIAL METROPOLITAN DISTRICT NOTICE OF SPECIAL MEETING AND NOTICE OF PUBLIC HEARINGS RE: PROPOSED AMENDMENT TO 2024 BUDGET February 16, 2024 NOTICE IS HEREBY GIVEN that the Board of Directors (the “Board”) of Lupton Village Commercial Metropolitan District (the “District”), County of Weld, State of Colorado, will hold a special meeting at 1:30 PM on February 16, 2024 (the “Board Meeting”) for the purpose of conducting such business as may come before the Board. Pursuant to § 32-1-903 CRS, as amended, this meeting will be conducted electronically, telephonically or by other virtual means.

FURTHER, NOTICE IS HEREBY GIVEN that a proposed amended budget has been submitted to the District for the fiscal year of 2024. A copy of the proposed amended budget has been filed in the office of Marchetti & Weaver, 245 Century Circle, Suite 103, Louisville, CO 80027, where the same is open for public inspection. During the Board Meeting, the Board will conduct a public hearing to consider objections of the District’s electors prior to considering the adoption of such proposed amended budget. Any interested elector within the District may inspect the proposed budget amendment and file or register any objections at any time prior to the final adoption of the 2024 budget amendment.

Directors and members of the public that wish to participate in the meeting without visiting a physical location may do so via teleconference by dialing (720) 707-2699 and entering Conference ID: 858 7913 2618 or videoconference on https://us06web.zoom.us/j/85879132618.

This meeting is open to the public.

BY ORDER OF THE BOARD OF DIRECTORS LUPTON VILLAGE COMMERCIAL METROPOLITAN DISTRICT By: /s/ LAW OFFICE OF MICHAEL E. DAVIS, LLC Legal Notice No. FLP1010 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Fort Lupton Press Public Notice LUPTON VILLAGE COMMERCIAL METROPOLITAN DISTRICT NOTICE OF SPECIAL MEETING AND NOTICE OF PUBLIC HEARINGS RE: PROPOSED AMENDMENT TO 2024 BUDGET

Public Notices

February 16, 2024

NOTICE IS HEREBY GIVEN that the Board of Directors (the “Board”) of Lupton Village Commercial Metropolitan District (the “District”), County of Weld, State of Colorado, will hold a special meeting at 1:30 PM on February 16, 2024 (the “Board Meeting”) for the purpose of conducting such business as may come before the Board. Pursuant to § 32-1-903 CRS, as amended, this meeting will be conducted electronically, telephonically or by other virtual means.

FURTHER, NOTICE IS HEREBY GIVEN that a proposed amended budget has been submitted to the District for the fiscal year of 2024. A copy of the proposed amended budget has been filed in the office of Marchetti & Weaver, 245 Century Circle, Suite 103, Louisville, CO 80027, where the same is open for public inspection. During the Board Meeting, the Board will conduct a public hearing to consider objections of the District’s electors prior to considering the adoption of such proposed amended budget. Any interested elector within the District may inspect the proposed budget amendment and file or register any objections at any time prior to the final adoption of the 2024 budget amendment.

Directors and members of the public that wish to participate in the meeting without visiting a physical location may do so via teleconference by dialing (720) 707-2699 and entering Conference ID: 858 7913 2618 or videoconference on https://us06web.zoom.us/j/85879132618.

This meeting is open to the public.

The complete document will also be available at https://www.cvprd.com https://www.bidnetdirect.com/colorado/carbonvalley-park-recreation-district Sealed proposals must be received by 5 PM, Mountain Standard Time (MST) on Friday, March 8, 2024, at the Carbon Valley Parks and Recreation District Recreation Center located at 701 5th St., Frederick, CO 80530. Proposals received after that time will not be accepted. All Proposals must be sealed in a package clearly marked with the proposer’s name and “CVPRD Recreation Center HVAC Proposal.”

The Request for Proposal, and any addenda will be available on February 15, 2024, on the Carbon Valley Parks and Recreation District website at: https://www.cvprd.com and https:// www.bidnetdirect.com/colorado/carbon-valleypark-recreation-district.

Carbon Valley Parks and Recreation District reserves the right to reject any or all, or any part, to waive any formalities, and to award the proposal to the vendor deemed to be in the best interest of CVPRD. All correspondence and questions regarding this RFP should be directed to: Scott Hickman, Operations Manager Carbon Valley Parks and Recreation District 701 5th St. Frederick, CO 80530 Telephone: 303-833-3660 ext. 118 Email: shickman@cvprd.com

DISTRICT COURT, WELD COUNTY STATE OF COLORADO 901 9th Avenue P.O. Box 2083 Greeley, Colorado 80631 In the Interest of: Leilani Larado Julietta Baker Respondent Case Number: 2024 PR 30016 NOTICE OF HEARING BY PUBLICATION PURSUANT TO §15-10-401, C.R.S. To: Susana Lopez-Baker Last Known Address: Unknown in Weld County A hearing on the Petition for Approval of Settlement of Claims Pursuant to Rule 62 of the Colorado Rules of Probate Procedure for the above Respondent/Minor. The Petition filed requests Court approval of the settlement and the net settlement funds will deposited in a restricted account.

A hearing will be held at the following time and location or at a later date to which the hearing may be continued: Date: April 10, 2024 Time: 9:00 a.m.

Courtroom: 1 Link: https://judicial.webex.com/meet/d19-grly-div1 Meeting ID: 2590 748 1213 Phone: (720) 650-7664

BY ORDER OF THE BOARD OF DIRECTORS LUPTON VILLAGE COMMERCIAL METROPOLITAN DISTRICT

Legal Notice No. FLP1009 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Fort Lupton Press

Andrew Rogers, Attorney for Petitioner Edwin Baker

By: /s/ LAW OFFICE OF MICHAEL E. DAVIS, LLC

Storage Liens/Vehicle Titles

Legal Notice No. FLP1001 First Publication: February 1, 2024 Last Publication: February 15, 2024 Publisher: Fort Lupton Press

Legal Notice No. FLP1007 First Publication: February 15, 2024 Last Publication: February 15, 2024 Publisher: Fort Lupton Press

1660 South Albion Street, Suite 1100 Denver, Colorado 80222

Public Notice Notice is hereby given that on 03/16/24, at 10:00 a.m. at A-to-Z Storage, L.L.C., 511 McKinley Avenue, Fort Lupton, CO, the undersigned, A to Z Storage, L.L.C. will sell at Public Sale by competitive bidding, the personal property heretofore stored with the undersigned by:

Bids and Settlements Public Notice

A-to-Z Storage 511 McKinley Avenue Fort Lupton, CO 80621 303-857-4500

NOTICE INVITATION TO BID HVAC REPLACEMENT PHASE 1 AT THE CARBON VALLEY RECREATION CENTER FOR THE CARBON VALLEY PARKS AND RECREATION DISTRICT

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 on or before June 1, 2024, or the claims may be forever barred.

Douglas Jeter 716 4th Street Ft. Lupton, CO 80621

The Carbon Valley Parks and Recreation District (CVPRD) is seeking bids from qualified commercials HVAC installers to replace four roof top units at the Carbon Valley Recreation Center.

PUBLIC NOTICE NOTICE TO CREDITORS Estate of Kenneth Stephen Kosco, Aka Kenneth S. Kosco, Aka Kenneth Kosco, Aka K. S. Kosco, Deceased Case Number: 2023 PR 30006

LeAnne R. Sether Personal Representative c/o Gary T. Potter 5347 S. Valentia Way, Ste. 335 Greenwood Village, CO 80111

Legal Notice No. FLP1005 First Publication: February 8, 2024 Last Publication: February 15, 2024 Publisher: Fort Lupton Press

This request for proposals will be released on February 15, 2024.

Notice to Creditors

Copies of the RFP may be obtained from the CVPRD Recreation Center located at 701 5th St., Frederick, CO 80530.

Public Notice

Legal Notice No. FLP1003 First Publication: February 1, 2024 Last Publication: February 15, 2024 Publisher: Fort Lupton Press ###

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303-566-4088 Brighton Standard Blade/Fort Lupton Press February 15, 2024 * 11

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February 15, 2024

Public Notices

Fort Lupton Expenditures Public Notice EXPENDITURES JANUARY 17, 2024 - FEBRUARY 6, 2024

DATE

NUMB

COMPANY

AMOUNT

01/19/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 01/22/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024

84268 86354 86355 86356 86357 86358 86359 86360 86361 86362 86363 86364 86365 86366 86367 86368 86369 86370 86371 86372 86373 86374 86375 86376 86377 86378 86379 101335 101738 101739 101740 101741 101742 101743 101744 101745 101746 101747 101748 101749 101750 101751 101752 101753 101754 101755 101756 101757 101758 101759 101760 101760 101761 101762 101763 101764 101765 101766 101767

ACE HARDWARE OF FORT LUPTON -$92.76 ACE HARDWARE OF FORT LUPTON $22.99 ACUSHNET COMPANY $189.42 BUCKEYE CLEANING CENTER $331.26 COMCAST CABLE COMM, LLC $278.38 ELEVATION COFFEE TRADERS $157.00 GLENN DUNLEAVY $1,128.88 LOCKETT REFRIGERATION, LLC $589.18 TERMINIX $163.00 WASTE CONNECTIONS OF COLO, INC $643.58 ACE HARDWARE OF FORT LUPTON $243.73 AGFINITY INC $851.77 ALARM DETECTION SYSTEMS, INC. $658.84 LL JOHNSON DISTRIBUTING $605.50 MASEK GOLF CAR OF COLORADO $314.49 O’REILLY AUTO PARTS $20.98 SPECIALTY CIGARS, LLC $138.91 COLORADO PAVING INC $13,002.67 CENTURYLINK $63.42 CITY OF FT LUPTON-UTIL INVOICE $336.50 EAGLE ROCK COMPANY OF COLO $152.00 ELEVATION COFFEE TRADERS $56.00 MASEK GOLF CAR OF COLORADO $108.17 SPECIALTY CIGARS, LLC $587.13 SUNICE $71.86 SWEET ROOFING $23,307.00 WESTERN DISTRIBUTING INC $75.70 SCOTT CARLSON -$6,500.00 ACT GUNSMITHING $600.00 ADAMSON POLICE PRODUCTS $18.00 ADT SECURITY SYSTEM $151.47 AMAZON.COM $779.27 AUSMUS LAW FIRM PC $1,800.00 BANK OF COLORADO $211.43 CIRSA $1,000.00 CITY OF GREELEY $250.00 COLORADO ANALYTICAL LAB $48.00 COLORADO COMMUNITY MEDIA $78.80 COLORADO STATE UNIVERSITY $140.00 COMCAST BUSINESS $2,242.66 COMCAST CABLE COMM, LLC $249.44 CORE&MAIN LP $1,235.40 EMPLOYERS COUNCIL SERVICES INC $514.50 G & G EQUIPMENT $1,001.05 GREELEY LOCK & KEY $278.00 JUAN MONGE $85.00 KONE INC $140.80 L.G. EVERIST, INC $970.84 MATIAS MARK PACHECO IV $31.76 MEANDERING WITH MARY $180.00 NVAA $3,042.22 NVAA -$3,042.22 OFFICE DEPOT $55.20 OPERATIONS MANAGEMENT INT $141,312.39 O’REILLY AUTO PARTS $5.16 PETTY CASH-FINANCE $257.62 PRAIRIE MOUNTAIN MEDIA $1,832.00 R & M SERVICES $100.11 SAMANTHA DUDLEY $75.00

01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/23/2024 01/24/2024 01/26/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024

101768 101769 101770 101771 101772 101773 101774 101775 101776 101777 101778 101779 101780 101781 101782 101783 101784 101785 101786 101787 101788 101789 101790 101791 101792 101793 101794 101795 101796 101797 101798 101799 101800 101801 101802 101803 101804 101805 101806 101807 101808 101809 101810 101811 101812 101813 101814 101815 101816 101817 101818 101819 101820 101821 101822 101823 101824 101825 101826 101827 101828

SPWRAP $3,060.17 STERICYCLE $30.00 SYMMETRY ENERGY SOLUTIONS LLC $2,586.75 SYNERGETIC STAFFING LLC $50.00 TODD HODGES DESIGN, LLC $9,215.00 TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC $109.60 TYLER TECHNOLOGIES $185.00 UNIVERSITY AUTO PARTS $52.20 WASTE CONNECTIONS OF COLO, INC $1,377.13 YOLITA GIRON $75.00 AMAZON.COM $1,299.00 DIGETEKS, LLC $41,520.00 NORTHERN WATER $98,805.55 PURCELL TIRE AND SERVICE CENTER$7,935.63 ROCKY MOUNTAIN PAWN INC $10,640.00 NVAA $2,676.22 SUTTELL & HAMMER PC $175.36 ACE HARDWARE OF FORT LUPTON $201.53 ACTIVE CABLING & COMMUNICATIONS LLC $1,460.16 ADAMSON POLICE PRODUCTS $299.40 ADOLFSON & PETERSON CONSTRUCTION $590,166.21 AFLAC $2,949.90 AMERITAS LIFE INSURANCE CORP $8,916.01 AXON ENTERPRISES INC $55,212.53 BG’S JAPANESE DESIGNS $749.00 BRIGHTON FORD INC $292.93 BURNS & MCDONNELL ENGINEERING CO INC $30,911.60 CEM SALES & SERVICE INC $1,388.35 CHAMBER OF COMMERCE $500.00 COLONIAL LIFE $105.96 COLORADO COMMUNITY MEDIA $160.48 COMCAST CABLE COMM, LLC $220.15 CORE&MAIN LP $2,504.00 DEBTBOOK $23,400.00 DISCOUNT PLUMBING SERVICES INC $1,052.85 ENVIRONMENTAL PRODUCTS & ACCCESS LLC $94.45 FILMTEC CORPORATION $19,000.00 FORT LUPTON VETERINARY $1,290.00 FRONT RANGE LUMBER COMPANY $54.35 GREELEY LOCK & KEY $278.00 INTERNATIONAL INST OF MUNICIPAL $310.00 LOUIS A GRESH $1,600.00 MEDICAL CENTER OF THE ROCKIES $190.73 MORGAN BETTERTON $400.00 O’CONNOR, INC. $610.58 OPERATIONS MANAGEMENT INT $115,949.77 O’REILLY AUTO PARTS $71.97 POLYWOOD $7,962.90 PUBLIC AGENCY TRAINING $650.00 R & L TIRES $902.00 R & M SERVICES $322.58 SAFTRON MANUFACTURING, LLC $5,911.01 SCOTT CARLSON $6,500.00 SHIRTS BY CHA LLC $220.00 STATE OF COLORADO $3,035.33 SUSAN BROWN $2,384.49 SYMMETRY ENERGY SOLUTIONS LLC $3,115.31 THE CONSOLIDATED MUTUAL $154.66 THE GAS CONNECTION $75.50 UNION PACIFIC RAILROAD CO $2,723.58 UNITED POWER $188.85

01/30/2024 01/30/2024 01/30/2024 01/30/2024 01/30/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/06/2024 02/01/2024 01/23/2024 01/30/2024 01/26/2024 01/26/2024 01/26/2024 01/26/2024 01/26/2024 2/5/2024 2/5/2024 2/1/2024 1/26/2024 1/22/2024 1/18/2024 1/18/2024 2/6/2024 2/2/2024 1/31/2024 1/31/2024 1/23/2024 1/19/2024 2/5/2024 2/2/2024 1/30/2024 1/30/2024 1/26/2024 1/22/2024 1/19/2024 1/17/2024

101829 101830 101831 101832 101833 101834 101835 101836 101837 101838 101839 101840 101841 101842 101843 101844 101845 101846 101847 101848 101849 101850 101851 101852 101853 101854 101855 101856 9001430 9001431 DFT0002335 DFT0002336 DFT0002337 DFT0002338 DFT0002339 EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT

UNITEDHEALTHCARE INSURANCE COMPANY $112,298.29 UNIVERSITY AUTO PARTS $27.56 WAGNER EQUIPMENT CO. $353.50 WELD COUNTY SHERIFF’S OFFICE $37.83 XCEL ENERGY-GAS $345.55 BRANDING BY BRE $3,100.00 CEM SALES & SERVICE INC $3,564.48 CITY OF FT LUPTON-UTIL INVOICE $4,546.32 **Void** $0.00 COLORADO COMMUNITY MEDIA $158.21 COMCAST CABLE COMM, LLC $279.25 COMMERCIAL REAL ESTATE EXCHANGE, INC. $2,200.00 CORE&MAIN LP $2,784.72 CTL THOMPSON, INC $5,884.50 HEALTHY START CHILD CARE HEALTH CONSULTING, LLC $135.00 HEIDI CLOUD $15.00 OFFICE DEPOT $56.97 R & L TIRES $156.00 ROCKY MOUNTAIN LOW VOLTAGE $135.00 SIMPLE MODERN $4,206.23 SWEET ROOFING $148,057.00 TODD HODGES DESIGN, LLC $9,351.25 TOSHIBA FINANCIAL SERVICES $2,768.23 ULTIMATE DENT REMOVAL LLP $17,992.84 UTILITY NOTIFICATION CENTER $334.11 WANCO INC $240.00 XCEL ENERGY-GAS $2,900.16 STANDARD INSURANCE CO. $7,523.10 PERKINS + WILL, INC. $14,209.45 PERKINS + WILL, INC. $14,043.61 BANK OF COLORADO $7,343.71 BANK OF COLORADO $845.83 VALIC_1 $49,038.19 IRS $75,198.87 CO DEPARTMENT OF REVENUE $13,350.00 Global Payments $1,806.49 BOC Fee $10.00 FDMS $59.88 Land Title Guarantee Wire $460,369.00 Comdata Wire $8,787.55 CO UI Emp Svcs $5,111.54 Cascade Payment $75.50 PSN*Payment Serv Collection $265.64 Full Steam $721.73 BOC Fee $57.75 BOC Fee $468.95 PSN*Payment Serv Collection $247.17 PSN*Payment Serv Collection $107.12 PSN*Payment Serv Invoice $2,668.78 NBS $92.73 Simplifile $70.50 BOC Loan Payment $36,364.92 NBS $304.60 Enterprise $12,690.70 NBS $324.04 NBS $823.35

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February 15, 2024Fe

PROPOSAL FROM PAGE 24

The task force brought together a bipartisan collective of advocacy groups and educators from across the state.

Carpenter said the state’s formula was created before the current understanding of what public schools should be, including greater expectations involving standards, testing, and curriculum.

The task force report said it expects the legislature to consider the recommendations as a whole.

“Hopefully the work of this task force will lead to substantive changes or at least incremental improvement,” he said in the letter. “Our work need not and will not be the final word.”

This is the latest of many efforts to rewrite the school finance formula over the last decade. The current formula gives far more weight to district

characteristics, such as district size and whether the cost of living is high, than it does to factors like how many students live in poverty. The result is that some wealthy districts end up with more state funding than poor ones.

But efforts to change the formula have faced stiff political headwinds because no district wants to get less money. Lawmakers created the task force after a previous school finance committee disbanded without recommending a formula rewrite.

The new formula would increase base student funding, so nearly every district would get more money.

It also would dramatically increase how much more districts get for each student from a low-income household, each English learner, each student with a disability, and each gifted student.

Overall, districts serving students with higher needs, districts with low property wealth, and small, rural districts would come out ahead.

Districts with a higher cost of living still would get more money, but not as much as in the current formula.

How to account for those differences could see more debate. Thirteen of the state’s 178 districts are projected to lose money under the recommended formula, including Douglas County, Boulder Valley, Littleton, Cheyenne Mountain, Academy 20, Poudre, and Aspen. These districts all serve more affluent communities, though for years they have pointed out they have to pay teachers more to live there and spend more on basic services.

Task force member Riley Kitts, Democrats for Education Reform’s senior director of policy and government affairs, said the group reached a strong consensus on most of the changes, which he called long overdue.

The task force is also working on studies to determine how much Colorado should spend on K-12 schools if it wants to see better outcomes.

Those studies are due by January 2025.

Kitts said he believes the studies shouldn’t hold up a formula change this year.

Lawmakers and education leaders are reviewing the report The recommendations come as lawmakers have committed to “fully fund” K-12 education for the first time since the Great Recession. That means ending the practice of holding back money — more than $10 billion in the last decade — to pay for other budget priorities.

Even doing that requires dipping into education reserves. At the same time, federal pandemic aid is expiring, revenue is down slightly, and lawmakers are struggling to pay for behavioral health, affordable housing, and a slew of other priorities.

Ultimately, lawmakers, especially the powerful six-member Joint Budget Committee, will decide whether they can afford to start the phase-in this year.

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