HomeMy WebLinkAbout20020366.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 11, 2002
TAPE #2002-06
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, February 11, 2002, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of February 6, 2002, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on February 6, 2002, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit #1339, Rocky Mountain Energy Center, LLC, c/o David Perkins. Commissioner Long
seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda. Chair Vaad stated he will conduct
New Business prior to the Old Business item being heard.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2002-0366
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $504,847.98
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR SERVICES BY AMERICORPS PROGRAM
VOLUNTEERS AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Walt Speckman, Director of
Human Services, stated this is an agreement between the City of Greeley and Weld County, which
provides for the AmeriCorps volunteers to be involved in various projects for the City, reimbursable to the
County in the amount of $5.00 per service hour. Responding to Commissioners Geile and Jerke, Mr.
Speckman stated the age group involved is 14 thru 22, and the program is not political and is mainly to
educate the clients into reasons for continuing through high school graduation instead of dropping out.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Geile, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-TYLER GESICK: Frank Hempen,
Jr., Director of Public Works, stated the agreement concerns 30 feet of Weld County Road 21 right-of-way
on the east side of the section line between Sections 2 and 3 from Weld County Road 96 north one mile.
He stated Mr. Gesick was required to send out notices to adjacent property owners and no replies were
received. Commissioner Geile moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN-L. G. EVERIST, INC.: Mr. Hempen stated a Condition of Approval for Use
by Special Review Permit#1326 was to pave a portion of Weld County Road 26 from the Everist Lohmann
operation main entrance west to Weld County Road 26. The applicant was also required to enter into a
maintenance agreement for Weld County Road 26 and the intersection of Weld County Roads 13 and 26
north to State Highway 66. Mr. Hempen stated this agreement fulfills that Condition. Commissioner Geile
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,the
motion carried unanimously.
CONSIDER AGREEMENT FOR RESEEDING/MULCHING OPERATION REMEDIATION AND
AUTHORIZE CHAIR TO SIGN - AQUATIC AND WETLAND COMPANY: Mr. Hempen stated this
agreement is followup to the work Aquatic and Wetland Company completed on Weld County Road 49
between Weld County Roads 28 and 40 and right-of-way for the Weld County Road 47 and 42 Bridge
Project. He stated concern has arisen about the amount of wheat contained in the mulch which was used,
and this agreement allows the County to ensure good cover is attained. Responding to Chair Vaad, Mr.
Hempen stated the department does have standards they use, although they do not conduct detailed
inspections. He stated there is no additional cost to Weld County. Commissioner Long moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-CONAGRA
BEEF COMPANIES: Dr. Mark Wallace, Director of Public Health and Environment,stated this agreement
is to provide family planning services to employees of ConAgra under their health insurance plan. He
stated the program has been in effect for several years, and this is a continuation of the same program
Minutes, February 11, 2002 2002-0366
Page 2 BC0016
with an updated fee schedule. Commissioner Long moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TASK ORDER CHANGE ORDER LETTER #1 FOR FAMILY PLANNING PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the Change Order was sent to Weld County to offer
increased funding of$20,250 for the provision of eligible services to approximately 1,370 target program
clients plus 250 alternative site clients at the Southwest Weld County site. Responding to Chair Vaad, Dr.
Wallace stated the funding is not on a reimbursable basis, instead the State provides the funding, which
allows the County to provide staffing,track the numbers of clients, and present data. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER AGREEMENT FOR COPIES OF COUNTY RECORDS AND AUTHORIZE CHAIR TO SIGN-
IRES, LLC: Bruce Barker, County Attorney, stated this is the routine agreement used with the Assessor's
Office; however it is for Clerk and Recorder indexes, at a cost of $250 to cover the cost of staff time,
computer time, and disc. Commissioner Geile moved to approve said agreement and authorize Chair to
sign. The motion, which was seconded by Commissioner Jerke, carried unanimously
CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING OIL AND GAS LEASE AND
ACCEPT OFFER TO LEASE MINERAL ACRES - PATINA OIL AND GAS CORPORATION: Mr. Barker
stated this is for 2.19 mineral acres, and reviewed the policy for leasing small tracts under five acres. He
stated $200 was received. Responding to Commissioner Jerke, Mr. Warden stated that when the Board
adopted the small tract policy, they worked with the oil and gas industry and this is used when the parcel
is not biddable in and of itself, although it can be pooled with adjacent properties. All leases give three
years to drill, if not producing by that time, the lease would end. Commissioner Masden moved to waive
the bid procedure and accept the offer from Patina Oil and Gas Corporation to lease mineral acres. The
motion, which was seconded by Commissioner Geile, carried unanimously
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES FOR 2002 -
ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR: Mr. Barker stated the liquor license for this
establishment was renewed in early January, and the dance license runs for the entire calendar year.
Responding to Commissioner Geile, Ken Poncelow, Weld County Sheriff's Deputy, stated there have not
been any problems at all, and Vickie Harbert, Sheriff's Deputy, meets with them once a week.
Commissioner Long moved to approve said application. The motion, which was seconded by
Commissioner Masden, carried unanimously
CONSIDER REAPPOINTMENT TO NORTHEAST COLORADO REGIONAL EMERGENCY MEDICAL
AND TRAUMA SERVICES ADVISORY COUNCIL: Commissioner Geile moved to reappoint Donovan
Ehrman to a term expiring June 30, 2003. Seconded by Commissioner Jerke, the motion carried
unanimously.
OLD BUSINESS:
CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
RJML, LLC, DBA EL REVENTON NIGHT CLUB (CONTINUED FROM 02/04/02): Mr. Barker stated the
request is for a Tavern Liquor License at 13015 Weld County Road 16, Fort Lupton, Colorado, which is
the property previously occupied by Formby Ford. He stated Commissioner Masden did an inspection of
the property, and he has provided a letter with his findings. Commissioner Masden stated he, along with
Officer Bill Spalding,Sheriff's Deputy,and Bethany Salzman, Department of Planning Services,conducted
an inspection of the property and talked with the owner. He stated the findings, as listed in his letter dated
February 4, 2002, to RJML, LLC, and other establishments in the neighborhood include four tavern
licenses, one hotel and restaurant with optional premises, three other hotel and restaurant licenses, two
Minutes, February 11, 2002 2002-0366
Page 3 BC0016
club licenses, two 3.2 beer off-premise licenses, one 3.2 beer on-premise license, and three liquor store
licenses located in the neighborhood. Mr. Barker stated the applicant amended his diagram and is now
including the restaurant in the licensed premises. He further stated the applicant has provided information
additional to his application concerning item 7.B, regarding suspension of a previous license by the Town
of Platteville, as well as information additional to his Individual History record. Mr. Barker stated the total
investment of Ruben Rodriguez would be$22,000 in savings, $3,000 in checking, and $100,000 in a loan
from Valley Bank in Brighton.
Manuel Martinez, Attorney representing the applicant, stated the application was originally filed in
September of 2000, and subsequent research led to the Department of Planning Services requiring a Site
Plan Review. Referrals were sent and various agencies and County departments required changes to be
made to the premises and the property. Mr. Martinez stated the Department of Public Works, in its referral
dated January 21, 2001, requested compliance with the parking requirements of the Americans with
Disabilities Act, and submission of a drainage and a traffic impact study. The drainage and traffic impact
studies were completed and stripping of the parking lot should be completed by next week, in full
compliance. Mr. Martinez stated on January 15, 2001, the Fort Lupton Fire Department requested
sprinkler and fire alarm systems be installed, which has been completed. On January 17, 2001, the
Department of Planning Services reported there were no conflicts. The referral from the City of Fort
Lupton stated the City is not interested in annexing the property, and the Colorado Department of
Transportation (CDOT) indicated that direct access to and from U. S. Highway 85 should be closed at
some time in the future, and all access will come by way of Denver Avenue. The applicant has been
working to expedite that closing; however, no response has been received from CDOT. Mr. Martinez
stated the Department of Public Health and Environment, in its referral dated January 22, 2001, requested
nine various conditions be imposed,which have all been complied with. On February 1, 2001, the Sheriff's
Office asked for certain commitments regarding public safety, and all those things have either been done
already or will be done,and RJML, LLC, is ready to enter into an agreement such as the one between Club
Romance and the Sheriffs Office. Mr. Martinez also stated on February 2, 2001, the Department of
Planning Services included eight conditions on the Site Plan, and those have all been met. Landscape
requirements have been completed as much as allowed by the weather; however, some will have to wait
until Spring.
Responding to questions posed by Mr. Martinez, Ruben Rodriguez, applicant, indicated he has been in
the United Stated since 1979, and he became a citizen on September 6, 1985. He gave his personal
education history, stated he currently lives in Fort Lupton, and is the sole owner of RJML, LLC, which is
a restaurant with an event center. Mr. Rodriguez explained the main part of building is going to be a
restaurant, and the back part will be a night club with an event center. He stated the restaurant will be
open from 10:00 a.m. to 8:00 p.m., on a daily basis; the event center or club will only be open Thursday
through Sunday. Mr. Rodriguez stated he will make the premises available for other community services,
such as the Mexican Consul, Police Department,or School District for training at no charge. Mr. Rodriguez
also stated the event center would close no later than 1:30 a.m., and it is totally separated from the
licensed premises, and he expects to open the beginning of March. He stated he possesses the premises
by lease; he will be the manager of RJML, LLC; he will have taken server classes by his opening date; and
he will require all servers to take classes. Mr. Rodriguez stated the adults and minors are separated in the
Club portion of the establishment, and he is working with several taxi companies to have a van or cab on
site on club nights. Mr. Rodriguez indicated his relationship with the Sheriffs Office is good, and he met
with them early in 2001 and has determined that training for security personnel will also be mandatory.
He stated there will be one parking space for every four patrons with 200 spaces available,security officers
will be equipped with radios, and there will be radios in the bar, as well as seven cameras on the outside
of the building,and four inside. Mr. Rodriguez stated at the end of the dances several security officers and
orange cones will be used to direct traffic south on the frontage road to the light. Mr. Rodriguez also
discussed several programs he intends to implement, such as free soft drinks for designated drivers, and
Minutes, February 11, 2002 2002-0366
Page 4 BC0016
a Polaroid picture of any troublemakers who might return at a later date. Mr. Rodriguez explained the
revocation by the Town of Platteville stemmed from a problem with hiring a security company whose staff
was not properly trained, a 14-day suspension was imposed, and the Town required a change in the
security company, as well as requiring training for servers. However, he was not able to hold the training
prior to the renewal application being processed. Mr. Rodriguez further stated the application was
submitted to an attorney who failed to file it with the Town, therefore, he had to reapply for a new license
which was not approved. Mr. Martinez indicated the Findings and Order of the Town of Platteville, marked
Exhibit B, indicates the suspension occurred in October of 1994. He also presented Exhibit A, a petition
containing approximately 68 residents and six businesses supporting this application.
Responding to Commissioner Jerke, Mr. Rodriguez stated other citizens in the area will not be
inconvenienced by barricading traffic because of the late hours, and only those leaving the facility and
going from east to west would be redirected. He also stated he will close two existing accesses to the
parking area,and only one entrance will be maintained on the south side of the building, at Weld County's
request. Responding to Commissioner Long, Mr. Rodriguez stated the capacity of the dance floor is 700,
which includes 300 minors, and the capacity of the restaurant is 150 to 169. He said there will be a solid
six-foot wall around the stage, which is 36 inches high, and further explained the type of training and
classes that he would like to be available at the facility; however, he reiterated he will not sponsor the
training, simply provide a facility for various training to occur without cost to the sponsoring entity.
Responding to Commissioner Geile, Mr. Rodriguez stated the petition was taken door-to-door. He stated
Manuel Manriquez, Jose Silva and he formed a partnership and have a lease with an option to purchase
the property from Emmet Formby. That partnership currently has a sub-lease with RJML, LLC; however,
if this application is approved, the partnership will become the owners of property, and RJML, LLC, will
become the tenant. Responding further to Commissioner Geile, Mr. Rodriguez stated the total required
for improvements and purchase of the property will exceed $700,000, and he is obtaining a loan for the
balance required. Responding to Commissioner Masden, Mr. Martinez reiterated he is calling taxi
companies from Windsor, Northglenn and Thornton to get the best price, and that he feels people are
comfortable with leaving their vehicles because of the many cameras on the property. Mr. Rodriguez
stated there is one security guard for every 50 individuals, with two guards outside at all times, and he
discussed the procedures to be used with metal detectors at the main entrances to the dance area and
juvenile side. Mr. Rodriguez reiterated the dance area can be accessed from the restaurant through the
bathrooms, although there is no access through the bathrooms to the minor side of the club. He stated
when the restaurant closes at 8:00 p.m., the restroom doors will be locked and that access will be denied.
Responding further to Commissioner Masden, Mr. Rodriguez stated the divider will be a six-foot fence with
an opening on top which is permanently in place, and the dance floor will be the same size on both sides.
with a security guard posted in the area to keep anyone from accessing the other side by way of the stage.
Chair Vaad called a recess.
Responding to Chair Vaad, Mr. Rodriguez indicated on the diagram the access waitresses use when
bringing alcohol from the bar area to the restaurant. Commissioner Geile ascertained there was a
$50,000 option payment on November 10, 2000, and $100,000 on November 10, 2001, which are both
non-refundable, plus a$474,000 purchase price, and there are no other parties involved in the purchase.
Mr. Rodriguez stated only the three individuals will own the property, and only he holds interest in the
business. He stated they have paid $150,000 down payment so far and, with the lease purchase option,
there is still $600,000 pending towards the principal, although there is a reduction each month from the
rent payment. He stated at the end of the five-year lease, $474,000 is the principal balance, which will be
financed and Mr. Formby will carry the loan.
Minutes, February 11, 2002 2002-0366
Page 5 BC0016
Responding to Commissioner Jerke, Mr. Martinez, reiterated that several years ago, the Legislature
allowed individuals to have interest in as many as three Tavern Liquor Licenses. He stated Mr. Rodriguez
will be effectively renting from himself,since the partnership with Mr. Manriquez and Mr.Silva has the lease
with the option to buy the property; and Mr. Formby will be carrying the note. He further stated Mr.
Rodriguez has sole ownership of the establishment, although if the Board desires, Individual History
Applications will be submitted.
Don Carroll, Department of Public Works, stated the traffic study has been submitted, and the applicant
has closed the two entrances from the frontage road and created a new entrance onto Weld County
Road 16. He stated the parking lot is proposed at 200 paved spaces with an unpaved overflow lot which
would hold approximately 140. He stated that the issue of using cones and directing traffic is more
appropriately addressed by the Sheriff's Office than Public Works. Kim Ogle, Department of Planning
Services, stated the Site Plan Review was approved, as well as a Road Improvements Agreement,
therefore, he has no issues. Ken Poncelow, Sheriff Deputy, stated the position of the Sheriff is that bars
are a legitimate business within the community, and various staff members have worked with Mr.
Rodriguez through his management of Club Romance in Lucern, and he has cooperated fully in carrying
out suggestions or requests. He stated blocking the road would be appropriate, although it may require
a Resolution from Board, and he indicated a Sheriff's Deputy at that location would not fit into the overall
Comprehensive Plan.
Jessie Silva, and Jose Jesus Silva, both residents of Fort Lupton, stated their support of the application,
stating since the facility will be used for many various activities, the establishment will be beneficial to the
community. Mr. Martinez indicated his other supporters are from the Greeley area, therefore, he will not
have them speak since they are not included in the neighborhood.
Ken Clark, Mayor Pro-Tern of Fort Lupton, stated the City of Fort Lupton has previously communicated its
concerns, including traffic safety because Weld County Road 16 also has a railroad crossing near the
intersection with Highway 85, and CDOT will not eliminate this intersection for a number of years. He said
the public safety will be infringed upon, not only by the increased volume of traffic being directed along the
frontage road to Denver Avenue, but also the increase will come from drivers who are expected to have
been drinking. Mayor Pro-Tem Clark stated that, because of the City's Mutual Aid Agreement with Weld
County, it is likely to be called upon as either first responders, or for assistance whenever there are
accidents or situations, thereby taking them off duty within the City limits. He also stated there is no
indication the citizens desire this facility and the City Council adopted Resolution 2002-008, marked Exhibit
C,expressing its concerns. Mayor Pro-Tem Clark stated the Resolution asks for mitigation of its concerns
prior to the Board approving the license. Responding to Commissioner Geile, Mayor Pro-Tern Clark stated
the location of the property would not meet the contiguity requirements for annexation, and there are
several businesses and residences on the east side of the frontage road not currently within the City limits
whose cooperation would have to be obtained. He also stated the City would not be able to provide water
and sewer since they belong to the Northern Colorado Water Conservancy District, which does not allow
for provision of services outside of the member entities. Responding to Chair Vaad, Mayor Pro-Tern Clark
stated the Resolution was generated by a number of citizens speaking to various City Council members
regarding their concerns about this application.
Al Sharon, Chief of Police for the Fort Lupton Police Department, commended Mr. Rodriguez for his
security plan, and stated his primary concern is the traffic issue. He said the intersection of Weld County
Road 16 and Highway 85 is very dark,with no street lights installed and absolutely no light is directed onto
the traveled portion of the roadway. He said the speed on the highway is 65 miles per hour, and the
proposal to divert traffic south to Denver Avenue, using traffic cones and security guards directing traffic,
is dangerous to those directing traffic. He also stated the additional traffic into Fort Lupton along Denver
Avenue will require additional traffic enforcement for intoxicated drivers, while response to the
Minutes, February 11, 2002 2002-0366
Page 6 BC0016
establishment will fall to his department as the closest entity, and any response would divert officers from
within the City limits. Responding to Commissioner Masden, Chief Sharon stated there are no Sheriffs
Deputies stationed and available in the Fort Lupton substation, rather they are on the road responding to
other calls for service and any response would be from various locations throughout southern Weld
County.
Bill Wallace, City Attorney for Fort Lupton, stated he has been the prosecuting attorney in the Fort Lupton
Municipal Court for 24 years, and he feels putting youth and adults together creates a whole different
aspect which is of great concern. He stated it is very plain that the needs and requirements of the adult
neighborhood are already being served by those businesses within City limits. While he recognizes the
dances would meet a different need, the scope and size of this application raises concern. Mr. Wallace
stated there are fights, drugs, and other problems which do occur in other licensed businesses in Fort
Lupton; however, the size and scope of the current facilities allows some control. He also stated there is
no way to keep the adults and kids separated in the parking lot, where there will be drugs and alcohol
present. He noted Mr. Rodriguez has spent a great amount of effort in mitigating the concerns, but
questioned whether control and mitigation can be achieved from Greeley.
Ryan Funderburk, resident of the neighborhood, stated he has no concerns with the restaurant portion,
even if selling alcohol; however, there is a problem with adult and youth establishments residing together
in one establishment. He also indicated concerns regarding parking and safety, stating the intersection
at Weld County Road 16 is one of the most dangerous along the Highway 85 corridor and to try to force
traffic to Weld County Road 14 is going to create additional safety hazards,thereby increasing the number
of accidents. Mr. Funderburk state the scope of the application will create an enormous increase in the
volume of traffic, and he is concerned about stretching law enforcement resources in the community. He
does not feel all concerns can be truly mitigated and, unless the scope of the establishment is toned down,
both the City and County will be in untenable positions regarding safety.
Richard Halley, stated he is both a resident of Fort Lupton and representing the Fort Lupton Fire
Department. He presented a letter, marked Exhibit D, from the Fort Lupton Fire Protection District,
opposing the license, stating the Department is a volunteer fire department which covers a 76-mile area.
With 782 calls in 2001, which was an 82-call increase over 2000, the Fire Chief estimated an anticipated
call increase of five percent from this facility, since they respond to traffic accidents and medical calls due
to breathing difficulties, fights, and falls, as well as fires. He stated he lives one and one-half miles east,
just off Weld County Road 16,and he already has trouble with traffic in the areas,since Weld County Road
16 is the main arterial to Aristocrat Ranchettes, a rural housing community of more than 400 homes. He
reiterated the safety concerns, as well as the increased demand on entities, and state he also has
concerns regarding noise from the establishment. He said Formby Ford's alarm system was a problem,
and the noise level of a dance hall will be even worse.
Forrest Tedford, resident of the neighborhood, stated there are already traffic problems, and numerous
accidents have already caused him property damage, without reimbursement. He is greatly concerned
about the increased traffic this establishment will cause. Mr. Tedford stated another concern is that there
is not a cab company close enough to be cost-efficient on calls,and using security guards for traffic control
in an unlit intersection would not be adequate to meet the safety concerns.
David Norcross, resident of Fort Lupton, stated facilities in the community already provide meeting places
and dances within the City limits, as well as more than enough places serving alcoholic beverages. He
stated he is also concerned about traffic accidents and response to calls.
Franklin Zadel, Fort Lupton resident, stated he has 40 years of experience operating a restaurant, tavern,
and bowling alley. He stated classes can be established for training, although mixing adults with kids on
Minutes, February 11, 2002 2002-0366
Page 7 BC0016
the same premises, without parents present, will cause problems. Mr. Zadel stated the tax dollars and
resources in Fort Lupton would be spent at this establishment instead of within the City proper, and no
revenue would be coming back to the City. His other concern is lack of sewer facilities for this size of
establishment. (Switched to Tape#2002-07.) Mr. Zadel also stated it takes a lot of people filling the seats
in a restaurant or bar to meet the amounts previously listed as being invested in this establishment.
Chair Vaad called a recess.
Mr. Martinez rebutted the testimony given, stating the City of Fort Lupton Resolution does not ask for the
application to be denied, only for the concerns to be mitigated, and noted that Mr. Rodriguez has been
doing everything the County has asked for since January, 2001. He said Deputy Poncelow testified that
Mr. Rodriguez has done everything he has been asked to do, and Mr. Martinez stated that mixing the
adults and minors in one place was at the suggestion of the Sheriff several years ago in another similar
establishment. Mr. Martinez also referred to comments by Mr.Zadel and stated Mr. Rodriguez has worked
with this County government and the Weld County Sheriff's Department to ensure the liquor license for
an establishment at which he was employed,was operated correctly. Mr. Martinez further stated that State
law requires the applicant to show the reasonable requirements of the neighborhood are not being met,
and the adult individuals in a particular neighborhood desire the application to be approved. He said the
licensing authority cannot base its decision on speculation, and noted this Board did not hear testimony
based on this criteria, and the petition which was submitted shows the need and desire of 68 residents and
six businesses, and he assured the Board if conditions are attached to the license, the applicant will make
it work.
Mr. Barker stated he has given the Board a list of criteria to be used, marked Exhibit E, for reviewing
specific issues,and read those criteria into the record. Chair Vaad stated criteria#6a through#6d,#7,and
#9 all appear to be satisfied. Commissioner Geile extended his appreciation to Mr. Martinez and to Mr.
Rodriguez for their manner of providing information today and stated his concerns specifically deal with
#1 and #4, whether the reasonable requirements of the neighborhood justify approval and whether the
number, type, and availability of alcohol beverage outlets located in or near the neighborhood under
consideration justify approval. He said there are eleven establishments and three liquor stores in the area,
which is enough to satisfy the needs of the people in the neighborhood, and stated he is also concerned
because approval of this license would require the use of additional law enforcement resources in the area
and the availability of Sheriff's Deputies to respond is limited. He said the Fort Lupton Police Department,
by way of a Mutual Aid Agreement with Weld County,would be the first responders to any situations which
would create a void in the Police Department's coverage of the entire City of Fort Lupton; therefore, he
would not support approval of this application.
Commissioner Jerke stated he also appreciates the efforts of the applicant in working with the Sheriff's
Office in the facility in Lucerne; however, he is concerned about criteria #3, which requires the applicant
be of good moral character and reputation. Although he would not challenge Mr. Rodriguez character, his
reputation is troubling with respect to previous licenses held in Platteville, Dacono, and the effort required
to maintain control at Club Romance. Commissioner Jerke also stated concern that, with the premises
close to the Town of Fort Lupton, resources are already heavily tapped into, especially on weekend nights,
and response to this establishment would leave the Town of Fort Lupton unprotected. CommissionerJerke
stated he also feels the reasonable requirements of the neighborhood are easily being met, and it has
been proven there are a number of establishments in the neighborhood within the Town itself. Therefore,
he will not support approval of the application.
Commissioner Masden stated he will also vote to deny this application since he does not find that criteria
#1 is met, with eleven facilities in the neighborhood and three liquor stores. He also is concerned about
criteria #3, not to character, but to reputation with past problems in Dacono, Platteville and at Club
Minutes, February 11, 2002 2002-0366
Page 8 BC0016
Romance. He further stated he does not feel criteria #4 is met, and also feels that the last unnumbered
paragraph in the list of criteria supplied by Mr. Barker applies because it would require additional law
enforcement resources if this application were approved.
Commissioner Long stated his is in agreement with the findings on the different issues mentioned by the
other Commissioners. Chair Vaad stated he is unclear on the eleven establishments mentioned, and that
testimony mentioned four of the same nature. With respect to criteria #1 and #4, he clearly heard
testimony from witnesses that their preference was not to have this establishment, the petition from 68
citizens and six businesses does meet the criteria. Chair Vaad stated that even with a previous revocation
in Platteville, Mr. Rodriguez explained the situation which was eight years ago and, therefore, criteria #3
has been met; however,when the last item is considered,that the local authority may deny the application
if the issuance of such license would require the use of additional law enforcement resources. Chair Vaad
stated the use of additional law enforcement resources is his only reason for being against approval. Mr.
Barker clarified the eleven establishments comes from the list which was provided by the City of Fort
Lupton of those licensed establishments within the City, which is part of the neighborhood.
Commissioner Geile moved to deny the application for a Tavern Liquor License for RJML, LLC, dba El
Reventon Night Club, based on the findings previously stated and comments given. Commissioner
Masden seconded the motion which, on roll-call vote, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 12:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY CO ORADO
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Cl Vaad, C
Weld County Clerk to Q6:. .`'bi.
David . Lo•., Pro-Tem '
Deputy Clerk to the Bo7?; •
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M. J. 4eile
11-1 j/Fin4i
H. Jerke
r
Robert D. Masden
Minutes, February 11, 2002 2002-0366
Page 9 BC0016
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