HomeMy WebLinkAbout20041128.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 12, 2004
TAPE #2004-16
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, April 12, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of April 7,2004,as printed. CommissionerJerke seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on April 7,2004,as follows: 1)USR#1462-Prima Oil and Gas Company;2)USR#1459-Tony
Dowdy/Mike Whistance,do Orr Land Company;3)USR#1428-John and Denise Walkusch;and 4)USR
#1456 - Barbara Schottelkotte. Commissioner Jerke seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
BIDS:
PRESENT AND APPROVE ROTOMILLING FOR WCR 3.25 BID, DEPARTMENT OF PUBLIC WORKS:
Mr. Warden read the names of the two vendors who submitted bids, and stated staff has requested
emergency approval of low bid from Don Kehn Construction, in the amount of $14,180.60, to avoid
disruption of the construction project. Commissioner Long moved to accept the low bid, as stated. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
2004-1128
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $1,080,313.92
Commissioner Geile moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER GRANT CONTRACT FOR PLATICAS PROJECT FOR BREAST CANCER AND AUTHORIZE
CHAIR TOSIGN-SUSAN G.KOMEN BREAST CANCER FOUNDATION,INC.:Gaye Morrison,Department
of Public Health and Environment,stated this is the continuation of funds to provide one-on-one and small
group education and information about breast cancer prevention and screening. The total amount is
$10,000,for the period April 1,2004,through March 31,2005. CommissionerJerke moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES FOR TAX YEARS 2001,2002,AND
2003-DILSAVER DEVELOPMENT COMPANY: Mike Sampson,Assessor's Office,stated the property
sold in 1996, and staff's valuation is justified at$354,000 because it is under the sale price. Responding
to Commissioner Jerke, Mr. Sampson stated this is used as an office building, and is located on the west
side of Windsor. He recommend denial of the petition. The petitioner was neither present nor represented.
Responding to Commissioner Geile, Mr. Sampson stated the income approach shows $10 to $14 per
square foot is typical for this type of property,and more than supports the value,since it nets out at$10.50
per square foot. Therefore it is well over the$360,000 purchase price. Commissioner Vaad moved to deny
the petitions. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - B AND S LODGING, LLC: Mr.
Sampson stated the petitioner is asking for an actual value of$1.2 million. He stated the property was
stipulated through the Board of Equalization(BOE)process in 2002 at$400,000 assessed value;therefore,
he recommends approval in part to change the actual value to$1,400,000 to match the action taken during
BOE hearings. The petitioner was neither present nor represented. Commissioner Geile moved to approve
the petition in part,as stated by Mr. Sampson. The motion,which was seconded by Commissioner Long,
carried unanimously.
CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES FOR TAX YEARS 2001,2002,
AND 2003-KIMMARK, LLC: Mr.Sampson stated this is a 12,000 square foot light manufacturing facility,
with office space. He stated approximately 40-45 percent is office space. He further stated sales in the
area reflect$45.00-$60.00 per square foot values;and this facility is currently valued at$40.00 per square
foot. With no other information supplied to suggest the requested value, Mr. Sampson recommended
denial. The petitioner was neither present nor represented. Commissioner Vaad moved to deny the
petitions. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCRS 104 AND 13 AND AUTHORIZE CHAIR TO SIGN - NICHOLAS BROWNWOOD: Don Carroll,
Department of Public Works,stated Weld County Road 104 is maintained to the middle of Section 18,and
this agreement covers the other half of the section and the west side of Section 18 on Weld County Road
13. He stated right-of-way is appropriate. Responding to CommissionerJerke,Mr.Carroll stated there are
several separate lots in Section 18,which are currently being accessed by a private drive which runs up
the center of Section 18,from Weld County Road 104. He stated that to meet addressing and emergency
access concerns,each property needs to be accessed by a section line address, instead of a private lane.
Minutes, April 12, 2004 2004-1128
Page 2 BC0016
Responding to Chair Masden, Mr. Carroll stated there is 30 feet of right-of-way available. Commissioner
Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Jerke, the motion carried unanimously.
CONSIDER RESOLUTION RE: ACCEPTANCE OF FILING OF SERVICE PLAN AND REFERRAL TO
WELD COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION - RESOURCE
COLORADO WATER AND SANITATION METROPOLITAN DISTRICT: Bruce Barker,County Attorney,
stated the draft resolution deals with the service plan submitted by the Resource Colorado Water and
Sanitation Metropolitan District. He stated by statute, the Board of County Commissioners is the
appropriate body to review and make a determination, although the petition to establish the district goes
through District Court,with an election following. Mr. Barker stated the appropriate action is to refer the
service plan to the Planning Commission for review on May 4,2004,with its recommendation returned to
the Board by May 12, 2004. At that time a hearing will be set within 30 days. Mr. Barker recommended
approval of the draft resolution. Responding to Commissioner Geile,Mr.Barker stated the creation of the
district is currently happening and consideration of the service plan is part of the application submitted. He
stated the district itself will be created by the District Court through an election process. Responding to
Commissioner Jerke, Mr. Barker stated separate action in Water Court is required to deal with those
specific issues. He stated the district,after creation,would not have the ability to take water out of the basin
unless the removal is approved by Water Court. However,the creation of the district is not contingent on
approval of Water Court. Commissioner Jerke clarified that approval of the service plan does not create
the district, nor does it jeopardize the rights of all individuals with water issues to have their day in Water
Court. No public testimony was given. Commissioner Geile moved to approve the draft resolution. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
EASTMAN KODAK COMPANY, COLORADO DIVISION: Mr. Warden stated this agreement is for the
project recently announced concerning digital imagery. He stated the incentive payments are for
2005 through 2014, and it is our standard agreement, rebating 50 percent of the personal property tax.
Responding to Commissioner Jerke, Mr. Warden stated it is the maximum amount allowed by statute.
Commissioner Jerke moved to approve the agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY-WILLIAM MCADAMS: Mr.Barker stated
this is the standard resolution for setting the salary of a Deputy District Attorney. Commissioner Geile
moved to approve said appointment. The motion,which was seconded by Commissioner Long, carried
unanimously.
CONSIDER APPOINTMENTS TO PLANNING COMMISSION: Commissioner Long moved to appoint Tonya
Strobel and Chad Auer to the Planning Commission,with terms to expire July 31,2006 and July 31,2004,
respectively. The motion, which was seconded by Commissioner Jerke, carried unanimously.
Chair Masden stated that, because of the nature of the items being considered, the Board will hear the
Planning items prior to items #10, #11, and #12.
PLANNING:
CONSIDER REQUEST FOR PRE-ADVERTISEMENT OF SITE SPECIFIC DEVELOPMENT PLAN AND
A USE BY SPECIAL REVIEW PERMIT #1471 - RADIO FRONTIER BROADCASTING, LLC: Sheri
Lockman, Department of Planning Services, stated the Use by Special Review Permit application is for
construction of three radio communication towers. She stated the applicant has until July 5, 2004, to
complete the project within FCC deadlines,therefore,he is requesting early building permits be issued,as
well as pre-advertisement of the Board of Commissioners' hearing. Robin Thomas, Radio Frontier
Minutes, April 12, 2004 2004-1128
Page 3 BC0016
Broadcasting,LLC,stated his radio station purchased a construction permit which was granted by the FCC
in 2001 but never completed due to financial constraints. He stated he has also purchased the property for
relocation of the radio station. Mr.Thomas stated the build out is complicated because the three towers
react to each other electrically, requiring specific placement. He stated the FCC permit required a
modification to allow a building on site,and he is also requesting early issuance of building permits because
of the underlying task to have the entire system operational and tuned in order to meet the July 5,2004,FCC
deadline. Mr.Thomas stated he is really pushing to complete the process,unfortunately,this has been his
only opportunity to accomplish the project. He stated the radio station is licensed in Pierce, although the
actual location is east of Ault. Responding to Chair Masden, Mr.Thomas stated there is no lighting on the
towers,since it is not required under 200 feet. He stated the towers are 180 feet of electrical structure,with
three feet of concrete at the bottom, with a 17 inch base; therefore, visibility is nil, especially with the
backdrop of sky. Mr. Thomas stated it is not located within the flow path of any airports. Responding to
Commissioner Geile regarding the early issuance of the building permit, Mr. Barker stated the Board has
allowed it when unique circumstances exist. Mr. Warden stated the applicant assumes the risk that the
permit will be approved. Mr. Barker stated a letter can be sent to that effect,however,it would be a separate
action of the Board,or at the direction of the Board to the Planning Director. Commissioner Long moved
to approve said pre-advertisement. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER RESOLUTION RE: SET EARLIER HEARING DATE FOR ITEMS SCHEDULED FOR
CONSIDERATION ON JULY 12,2004-DANIEL OCHSNER AND BARRY PAYANT: Ms.Lockman stated
Jacqueline Johnson,Attorney for the applicant, has requested an earlier hearing date for items currently
scheduled July 12,2004. Responding to Commissioner Jerke,Ms.Lockman stated that several items have
been closed,the applicant has requested vacation of the Use by Special Review Permit,and the only item
that remains for consideration is the Recorded Exemption. She recommended the items be rescheduled
to be heard on April 21,2004,at 9:00 a.m.CommissionerJerke moved to approve the draft resolution. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER COMPLIANCE WITH CONDITION F OF RESOLUTION DATED APRIL 9,2003-RJML, LLC,
DBA LA MARAVILLA RESTAURANT(CON'T FROM 10/15/2003): Mr.Barker stated after granting the liquor
license one year ago, concerns were expressed about the capacity of the septic system and the water
system. The Board reviewed the facility on April 9,2004,and by Condition F,required the applicant to obtain
a State permit for the septic system,and/or as determined by the Colorado Department of Public Health
and Environment, obtain a permit for a reverse osmosis system, and/or amend the Site Plan within 180
days. At the time, the Temporary Certificate of Occupancy had other conditions, such as seating
requirements, use of disposable plates and utensils, and hours of operation for the restaurant. At the
hearing in October, Ruben Rodriquez, RJML, LLC, stated he was trying to obtain water from Fort Lupton
and he was looking at annexation possibilities with Fort Lupton,therefore,the matter was again continued
for another 180-day period. Mr. Barker stated that Mr. Rodriquez has expressed a desire to increase the
capacity of the number of people allowed in the facility,and he has been working with the City of Fort Lupton
to get water and sewer issues worked out. This time, Mr. Barker summarized, the board is considering
whether the septic system should be increased to allow an increased number of occupants,or whether the
Site Plan has been amended to show the limitation on the number of occupants.
Trevor Jiricek, Department of Public Health and Environment, provided a memo that summarizes staff
concerns related to the continued operation of this facility. In his memo he stated there are no issues if the
facility complies with all Conditions of the Temporary Certificate of Occupancy, including either an
amendment to the Site Plan or the expansion of the septic system;the facility complies with three violations
observed during a recent inspection of the facility's water treatment system;and the facility complies with
the violations observed during an April 1,2004, inspection of the food service establishment. Mr. Jiricek
stated in regards to the septic system, the water usage for the last year has been less than the design
Minutes, April 12, 2004 2004-1128
Page 4 BC0016
capacity of the septic system. He stated Mr. Rodriquez is working to correct the water and food service
deficiencies. Responding to Chair Masden, Mr. Jiricek reiterated the septic system is currently
underutilized,and a reverse osmosis system has not been required. He stated the Colorado Department
of Public Health and Environment is interpreting the Clean Water Bill differently now than in the past, and
it currently allows a certain level of nitrates,if it can be proven that no one is drinking the water. Responding
to CommissionerJerke,Mr.Jiricek stated there is no magic number of people to indicate the sewer system
capacity;however,he recommends the applicant's engineer be required to provide the number. Staff would
then either approve or deny the number. Mr. Jiricek indicated there is a fixed number of meals, and
reiterated the normal procedure is to have the applicant or his engineer propose the appropriate number
and rationale for why that number would work; staff would then review that criteria. Mr. Jiricek stated in
October the applicant's engineer said the occupancy limit for the facility is 600; however, he would like to
revisit the engineering of that number,since there now exists a history of average waterflows over the last
year. Responding to Chair Masden, Mr. Barker read the Conditions of the Temporary Occupancy
Certificate, which includes 350 people and 158 meals per day.
Diane Goldenstein,Attorney for the applicant,stated Condition F initially set the number lower,to get the
Site Plan number the same as the service plan number; however, if he had gone with the original 350, he
would be coming down from about 1,000 to 350, and since the desire of the Board a year ago was to see
what would happen with 350 at the club and in the restaurant,it is a bit of a Catch 22 situation,because by
amending the Site Plan down that far, he would have difficulty getting back up. Therefore, Mr. Rodriquez
is requesting an increase to 600,with a new Temporary Occupancy permit. Through use of a water tester,
and a recertification by his engineer to reconfirm 600 is appropriate, it would be determined that they are
within the capacity of the sewer system. He would then be able to amend his Site Plan Review to the
appropriate number. Responding to Chair Masden,she referred to the Church and Associates,Inc.,report
of October 14, 2003, and presented a copy(marked Exhibit A). She stated the engineer certified that a
capacity of 600 is appropriate and 350 occupants has not been a problem;no DUI arrests have been made
as a result of the facility; there have only been a few police incidents; Fort Lupton police were asked for
assistance only once; and no traffic flow problems have developed. Mr. Barker stated the issues being
discussed by Ms.Goldenstein are in regards to the renewal of the liquor license permit. He stated the issue
currently being heard is in regards to the septic system and whether it can support a number larger than
350. Chair Masden clarified the increase to 600 is the only change being requested, and Mr. Jiricek
indicated in the Church and Associates report,it was recommended that the number of meals be reduced
to 80. The report also indicated that if the system is being pushed to the maximum daily load,it might need
a secondary treatment because of its location under the pavement. Responding to Commissioner Vaad,
Mr.Jiricek stated a proportional number or percentage cannot be applied,since the restaurant and bar are
both on one meter at the facility;therefore, it is indeterminate whether meals or occupants are using the
most. He stated if the applicant could track the actual number of meals being served,a proportionate share
could be determined. Responding to Commissioner Long regarding number of occupants in the facility,
Mr. Barker reiterated Condition F concerns only the load on the septic system, and if the desire is to
maintain a certain number in the facility,it would be separate from this issue. Mr. Rodriquez stated the fire
code allows 752 in the dance area and 188 in the restaurant.
David Norcross, Mayor of Fort Lupton, stated that at the Board meeting in October, discussion centered
on annexation of the property to Fort Lupton. He stated Mr. Rodriquez has had some discussion regarding
annexation;however,with no water or sewer nearby,the expense would be high. He stated this should be
annexed into the City of Fort Lupton, and he indicated there are several nearby annexations being
considered. Mayor Norcross also stated concerns about postponing the Certificate of Occupancy twice,
even though it was only temporary. He presented a packet of information, marked Exhibit B.
Minutes, April 12, 2004 2004-1128
Page 5 BC0016
Norma Taylor, area resident, stated that, under a Hotel and Restaurant Liquor License, the meals are
required to be a certain percentage of the revenue being received by the total facility. She stated if the
number of meals is reduced,the appropriate percentage may be difficult to maintain. She also stated when
the facility was first opened, it was discussed as a "fine food establishment"; however, it has now
diminished itself to serving American steaks and Mexican food on paper plates with plastic utensils because
of the septic issue. Mr. Barker stated 25 percent of the income must be coming from the restaurant. He
stated the Colorado Liquor Enforcement Division typically checks on that issue, and the Sheriff also has
the authority to require proof. Ms.Goldenstein stated the 25 percent requirement is statutory,and indicated
Mr. Rodriquez does not want to decrease to 80. She also stated a portion of his business is takeout at the
end of the day. Responding to Chair Masden, Ms. Goldenstein stated Mr. Rodriquez is requesting 100
meals per day be allowed, even if the 600 occupancy on the dance hall be decreased to 550 to make up
the difference. Mr. Jiricek pointed out the last engineering report is based on 80 meals per day,with 600
people;and if approval is given for changing those numbers,he requested an update from an engineer on
the system. Responding to Commissioner Geile, Mr. Barker stated the occupancy is for the entire facility,
which includes the dance floor, and 350 is the current number approved. Responding to Commissioner
Geile,Mr.Jiricek stated he needs to have a renewed or updated evaluation from an engineer regarding the
capacity of the system to handle a load of 100 meals and 600 people. If the Board is changing to 80 meals
and 600 people, there is a report that says the system can handle it,with a need for a secondary system.
Mr. Barker stated the Board has already extended the Temporary Certificate of Occupancy with the current
conditions on it twice,and it could be extended again to get back an updated engineering report;however,
a shorter time period of three months would be better in fairness to Mr. Rodriquez.
Responding to Commissioner Geile,regarding annexation to Fort Lupton, Mr. Rodriquez stated he is not
presently pursuing annexation, since a planned subdivision of 120 residences east of the facility, which
would have shared the cost of running the water and sewer lines, has been delayed. It will now be
approximately one year before that happens. Commissioner Geile stated he recalls a statement by Mr.
Rodriquez that he would annex to the City;however,Ms.Goldenstein stated annexation would resolve the
sewer and water issues,although he is not currently ready to annex,and the City water does not come out
that far. She indicated it is a very expensive option, and more buildout needs to occur to lessen the
expense. Responding to Commissioner Geile,Ms.Goldenstein stated Mr.Rodriquez personally purchased
the property last July,which he leases to RJML, LLC. She stated Mr. Formby no longer has any interest
in the property. Responding to Commissioner Vaad, Mr. Barker stated a Temporary Certificate of
Occupancy may be granted on the current basis until an engineering report is presented. Mr. Barker stated
the County is trying to get away from having a Temporary Certificate of Occupancy,but it is still dependent
upon the numbers. If the board desires more information, it needs to extend the Certificate for
approximately three months to get more information regarding the appropriateness of those numbers before
making a final determination. Responding to Commissioner Vaad,Mr.Barker stated the current Certificate
of Occupancy expires April 12, 2004. After further discussion, Mr. Jiricek stated one positive benefit of
increasing the occupancy would be to test the capacity of the system at those numbers,for that period of
time. He stated he has reviewed the engineers report and found the system adequate to handle 80 meals,
600 people, therefore, 20 extra meals over a three month period should not stress the system too much.
Commissioner Vaad clarified Barker's recommendation that the Certificate be extended for 90 days,with
a modification to Condition F to allow 100 meals and 600 occupancy. Commissioner Geile stated he has
concerns regarding traffic with only 350 people allowed,and only one entrance to the area; however, he
stated the increase to 600 would allow an opportunity to evaluate the entire situation which could be either
favorable or unfavorable to the applicant.
Minutes, April 12, 2004 2004-1128
Page 6 BC0016
Commissioner Vaad moved to extend the Temporary Certificate of Occupancyfor 90 days,amending the
appropriate conditions to allow occupancy of 600 and 100 meals per day; with observation and
reconsideration by Health staff to see whether the septic system can handle the increased load. Mr. Barker
stated the Board may also want to require proof of revenue to ensure the 25 percent amount is being met;
however, that should not be included in this motion. Responding to Chair Masden, Mr. Barker stated the
need for a secondary treatment system is already included, and the remaining conditions would also
remain,ensuring that whatever the final numbers are,the Site Plan must be modified to include them. The
motion was seconded by Commissioner Long. Commissioner Geile stated he will support the motion;
however, he does have a real concern about increasing the number of people. He stated his personal
observation on Friday and Saturday nights with 350 present is that there is a huge number of people for the
facility and the area, and he is deeply concerned about 600 occupants. However, this will allow time to
evaluate the increase. He stated the health,safety and welfare in the area is his main concern,and having
a trial period with 600 people may work against the applicant when it comes to renewal of his liquor license.
Commissioner Long clarified that his second of the motion is only for the purpose of the septic and water
being monitored for the next 90 days. On a call for the vote, the motion carried three to two, with
Commissioner Jerke and Chair Masden against.
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-RJML,LLC,DBA LA MARAVILLA RESTAURANT:Mr.Barker stated that for the renewal of the Hotel
and Restaurant Liquor License it is appropriate to consider anything in the record for the purpose of
determining whether there is a need to have a full hearing on those issues. He stated the Board may grant
the renewal or set the matter for hearing,based on Section 12-2-40 of the Weld County Code. He gave the
Board copies of the criteria to use to determine whether there is cause not to renew the license,and stated
the Board should be specific on those items requiring more information. He reiterated the issue is not to
deny at this time;however,if the Board is not inclined to approve the renewal,it would be appropriate to set
the matter for hearing based on the listed criteria. Commissioner Geile suggested if set for hearing, it
should be at the same time as the previous matter.
Ms. Goldenstein responded to the an anonymous letter received by the Baord, stating the property was
purchased by Mr. Rodriquez in July;she talked to Mr. DeSilva to verify he did sign the lease;and the letter
is basically nonsense,written by someone out to cause trouble. Ms. Goldenstein stated there is only one
instance in which the Fort Lupton Police Department was required for assistance at the site,and according
to the Sheriffs Office letter,they have not been overwhelmed by activities at the La Maravilla Restaurant.
She stated they have responded to a few two-person disagreements, a few car theft reports. Ms.
Goldenstein stated Mr. Rodriguez does have a security camera system in the parking lot. She stated the
signs were directional signs, posted at the entrance and exit; and Mr. Rodriquez is in the process of
applying for the required building permit for them. Responding to Commissioner Vaad, Ms. Goldenstein
stated it is reasonable to require proof of the 25 percent income,through accounting records. She indicated
the books could be presented to the County Attorney, or a CPA could look at them. Mr. Barker indicated
a CPA would be the best option. He clarified that if the hearing is set,those documents could be requested.
He stated typically in a renewal hearing,the Board would grant the renewal,lacking any information giving
reasons not to renew. He reiterated that is one option of the Board. The second option,if there is no motion
for approval,would be to set a hearing date to hear information on specific items of concern. Mr. Barker
reiterated that, in fairness to the applicant, he needs to be aware of the specific items for which the Board
finds Probable Cause. Mr. Barker read the criteria listed in Section 12-2-40 of the Weld County Code.
Commissioner Vaad stated none of the criteria listed in Section 12-2-40 address the 25 percent issue,and
there is no evidence, either positive or negative regarding it. Mr Barker recommended making it a
requirement that proof be offered at the end of six months,that 25 percent of revenue is derived from the
restaurant. Commissioner Geile proposed a 90-day continuance to allow time to determine whether the
septic and waters systems are appropriate,because those issues could effect the public health,safety and
welfare. He stated the Board still has to deal with those issues before renewal can be given;and with the
Minutes, April 12, 2004 2004-1128
Page 7 BC0016
number of people using this facility,he finds that criteria C does give enough reason to be concerned with
the health,safety and welfare of the public. He stated he does not want to wait six months, but will agree
to hear all three matters currently under consideration in 90 days. Commissioner Vaad stated he would
appreciate notification from a CPA beginning with the period of October,2003,through the end of the 90-day
period,that the 25 percent amount is being met. Ms.Goldenstein stated the Board is always entitled to set
a Show Cause Hearing,and requested it not be made a condition of the license,since the number of meals
allowed each day would affect the percentage of revenue. She stated Mr. Rodriguez can testify today he
is at 34 percent,which puts him into compliance,and Mr.Rodriquez will provide further information if there
is an increase in meals. Commissioner Vaad stated that would satisfy his need. Mr. Rodriquez stated he
has contracted David Reitz, retired Director of the Colorado Division of Liquor Enforcement,to assist him
with any issues and ensure the facility is in compliance with the Colorado Liquor Code. Mr. Barker stated
if the Board is setting this matter for public hearing,it must provide notice to the applicant finding Probable
Cause that there is evidence, and what it consists of. Commissioner Geile stated criteria C does apply,
and the Probable Cause surrounds the issue of whether the water and sewer systems will be able to handle
the loads,which is a direct issue of public health,safety and welfare. He also stated the number of people
using the facility applies, since at the current level of 350, there are documents from the Town of Fort
Lupton stating problems,as well as his personal observation that there is a safety issue with the amount
of traffic and pedestrians in the area. He stated the reason he voted favorably for the previous issue was
to allow time to determine if the increase to 600 would cause further concern regarding the health,safety
and welfare of the public because of traffic. Commissioner Geile reiterated it does apply and gives him
enough reason to set the matter for hearing.
Ms.Taylor expressed concern about the sign violation,and stated it is not only regarding entrance and exit
signs,there are a total of four signs,and the building permit has not been issued for them. She stated the
facility was advertised initially as a"fine food restaurant with a dance facility"; however, it has turned into
a disposable restaurant with paper plates and plastic forks. She expressed concern regarding piles of
garbage,which is only screened on three sides. She stated it is visible from Weld County Road 16, and
there are two dumpsters with many plastic garbage bags piled up. Ms.Taylor also mentioned a drainage
problem on Weld County Road 16which was discussed in hearings,at which time Don Carroll,Department
of Public works,stated a culvert needs to be installed at the parking lot entrance on Road 16. She stated
there were puddles on both sides of the road when she went past there this morning. Ms. Taylor stated
traffic cannot get much worse.
Mayor Norcross stated in the packet of information he provided earlier, there is an agreement regarding
traffic between Mr. Rodriquez,the Sheriff and himself. He stated the security personnel has been asked
to block off Weld County 16 at Highway 85,and direct traffic south to Weld County Road 14.5 at the signal
light. He discussed one particular accident that occurred, and stated the City has great concerns about
safety. He stated it is time to ask the residents in the community whether they are satisfied with the traffic,
and things are not as rosy as some people think. He presented four photographs of the piles of trash and
condition of premises, (marked Exhibit A).
Ron Wright,Union Colony Security,stated he is not aware of the particular cases discussed by Ms.Taylor
and Mayor Norcross;however,his personnel does not hamper the flow of traffic on Weld County Road 16.
He stated security is outside every night the facility is open,and stated there is not a residence within one
mile of the facility. Responding to Commissioner Jerke, Mr. Wright stated the minors involved in an
accident were not leaving the facility;they had come from across the railroad tracks and ignored his security
personnel. Responding to Chair Masden, Mr. Wright stated there are dances on Friday, Saturday and
Sunday nights, with three, six, and two security guards, respectively on those nights, in addition to the
in-house security personnel. He stated they count at the door, and keep track of the incoming flow.
Responding to Chair Masden, Mr.Wright stated he has someone at the door with a counter to insure the
350 occupancy limit is not exceeded. Chair Masden closed public testimony.
Minutes, April 12, 2004 2004-1128
Page 8 BC0016
Responding to questions from Ms. Goldenstein, Mr. Rodriquez stated occupation of the premises is kept
at 350,the security guard uses a counter to ensure 350 is not exceeded. As people leave,an equal number
is allowed to enter. He stated there is a waiting line outside of people wanting in,although some do leave
after a few hours. Mr. Rodriquez stated he is in the process of applying for a building permit for the signs.
He also indicated when someone appears intoxicated,staff takes away keys,and he and his wife's vehicles
are available to drive people home if necessary.
CommissionerJerke stated he has heard adequate evidence from the Mayor of Fort Lupton and an involved
neighbor, to find that there are health, safety and welfare issues, particularly traffic. He stated his own
personal observation on weekend nights,shows an enormous number of people and traffic,which is almost
urbanized in the setting, and much more than what one would expect to see on the north side of Fort
Lupton. He stated he has concerns with an increase to 600 people,and with the relationship of food service
to alcohol, and requiring less meals be served. Commissioner Jerke, therefore,finds there is evidence,
under criteria C to have a full hearing in 90 days, along with the review of Condition F of the Temporary
Certificate of Occupancy and increase to 600 people. Responding to Commissioner Vaad regarding the
definition of disorderly conduct, as defined in Section 18-9-106, C. R. S., Mr. Barker stated it does not
include traffic. Commissioner Vaad stated he is uncertain whether evidence of disorderly conduct is
present;and CommissionerJerke stated he does not find disorderly conduct,but his statements are based
on the public health,safety and welfare. Commissioner Jerke stated he is concerned particularly with the
public moving around in the area,both vehicles and pedestrians,and he recognizes there may not be a lot
of accidents attributed to the facility; however, but his own personal observation is that there is far more
interaction with traffic in the area than is safe. He is concerned about the large line of people waiting to get
in,putting a lot of people in the area. CommissionerGeile stated he agrees it is a health,safety and welfare
issue. Commissioner Long stated he agrees with the other Board members, and it is enough to warrant
a future hearing in 90 days;however,he prefers to stay with the original numbers for the licensed premises.
He stated there are two issues on numbers, and by increasing numbers for the septic system and water,
he does not believe it appropriate to increase the numbers allowed in the licensed premises of this license.
Mr. Barker stated the Board previously made it a condition of renewal, based on the numbers set forth in
the Temporary Certificate of Occupancy, so it was limited to the 350 previously set. However, if it is the
desire of the Board to keep the numbers lower on issues other than septic system, such as the health,
safety,and welfare of the immediate area,it should be dealt with for the liquor license. Mr. Barker read the
definition of disorderly conduct, and stated the liquor license can be limited to 350.
Commissioner Vaad stated criteria C states findings must include disorderly conduct, therefore, there is
no discretion and it can only be used if there is disorderly conduct. He stated that if the liquor license is
limited to 350 people and 80 meals,it effectively nullifies the Board's previous action. Mr.Barker stated the
Board could renew with the increased numbers, and reconsider it in three months; however, once it is
renewed,the Board would have to show evidence that there is a problem with the health,safety,and welfare
of the public,or disorderly conduct. The Board would have to prove it was occurring,and proceed with the
process to revoke the license. Commissioner Long stated his intent was to view the past issue like a
Development Standard,a separate issue entirely based on only the septic system,then to look at the overall
issue and the scope of the increased numbers during the renewal,which is this issue. Chair Masden stated
he would support a motion to set a Show Cause hearing, based on the officer's report dated February 13,
2004,stating there were 16 incidents last year. He stated there is mention of other instances in the report,
including two with 450 people instead of 350,individuals being over-served, minors on the adult side,and
a dance contest where adults and minors were competing against each other and the dancers were
allowed to strip naked. He expressed concern over the mixture of underage individuals,and the way security
issues are handled,as well as traffic. Chair Masden further stated the report includes an incident of a DUI
when a minor was drinking at the establishment. He stated there is plenty of evidence to seta Show Cause
hearing within the next 90 days. Responding to Commissioner Jerke, Mr. Barker stated the hearing
discussed with this criteria is similar to a Show Cause hearing,but it would be a renewal hearing,at which
Minutes, April 12, 2004 2004-1128
Page 9 BC0016
time evidence will be presented regarding criteria C,specifically,those things addressed by Chair Masden.
Mr.Barker suggested that if the Board sets it for hearing,they also consider allowing the increased numbers
during that period of time to see how things go.
Commissioner Jerke moved to set this matter for hearing on July 12, 2004, based on Section 12-2-40.C,
as he stated earlier and incorporating Chair Masden's findings,with the number of occupants left at 350.
Commissioner Long seconded the motion,and stated he needs to see more evidence outside of the water
and sewer issues, to allow an increase in the number of occupants. Because of Ms. Goldenstein's
schedule, it was suggested that July 19,2004,would be a more appropriate date. Commissioners Jerke
and Long both agreed to amend the motion to set for hearing on July 19, 2004, at 9:00 a.m. For Ms.
Goldenstein, Mr. Barker clarified the motion is to set the matter for hearing on July 19, 2004, and allow
continued operation during that time at 350 occupants, instead of 600. Responding to her question, Mr.
Barker stated this procedure has been followed in other renewal applications before this body. (Changed
to Tape#2004-17.) Commissioner Long stated he has seen enough evidence outside the realm of water
and sewer issues to justify keeping the facility at an occupancy level of 350, for the health, safety, and
welfare of the system. Commissioner Geile stated he will concur with the motion at 350 because of the
process involved. Responding to Chair Masden,Mr. Barker stated the July 19tF date will be okay underthe
Temporary Certificate of Occupancy. Commissioner Vaad stated he will support the motion;however,this,
in effect,invalidates the resolution approved under the previous item of business. He stated,therefore,the
Board will have to rely on information provided bythe engineering firm to determine appropriate levels. On
a call for the vote, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN-RJML,LLC,DBA LA MARAVILLA:Mr.Barker stated this item was continued
for determination of the septic and water systems. He stated the issue with respect to the dance license
is found in Section 12-5-40.C of the Weld County Code. Responding to Commissioner Jerke, Mr. Barker
stated the Board may renew the dance hall license to July 19, 2004,to correspond to the other two items
set for that date. Mr. Rodriquez stated the Board is always putting rules and regulations on him, and he
thinks it is going overboard and is discrimination,for which he will seek help. Mrs.Taylor, resident of Fort
Lupton stated that 75 percent of the revenue of this facility is derived from the dance hall license. She
stated it expired on December 31, 2003, and the 2004 license application was not submitted until
February2,2004,although there were dances at the facility during the interim. Chair Masden closed public
testimony. Commissioner Jerke moved to continue this item to July 19,2004,at 9:00 a.m. The motion was
seconded by Commissioner Geile. Mr. Barker questioned whether the applicant would be allowed to
conduct dances in the interim, and Commissioner Jerke stated that was the intent of his motion.
Commissioner Geile agreed. On a call for the vote, the motion 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.
Minutes, April 12, 2004 2004-1128
Page 10 BC0016
There being no further business, this meeting was adjourned at 11:20 a.m.
BOARD OF COUNTY COMMISSIONERS
W LLD COUNTY, COLORADO
(�
E • peg)
A ,:� Robert. D. Masden, Chair
e Board /
William H. J• • e, Pro-Tem
to he Board
M. ile
David . Long
Glenn Vaad
Minutes, April 12, 2004 2004-1128
Page 11 BC0016
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