HomeMy WebLinkAbout20030559 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 26, 2003
TAPE #2003-07
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 26, 2003, 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 David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County
Commissioners meeting of February 24, 2003, as printed. Commissioner Geile seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, CLERK AND RECORDER'S OFFICE - LINDA GUSTIN: Chair Long
read the certificate recognizing Linda Gustin for her services in the Clerk and Recorder's Office. Steve
Moreno, Clerk and Recorder, stated Ms. Gustin has been a valuable employee and he appreciates her
services to the citizens of Weld County.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2003-0559
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $288,974.64
Electronic Transfers -All Funds $2,510,354.11
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner
Vaad seconded the motion, which carried unanimously.
BIDS:
PRESENT HOT IN PLACE RECYCLING ON WCR 6 BID - DEPARTMENT OF PUBLIC WORKS: Mr.
Warden presented the sole bid received. Said bid will be considered for approval on Wednesday,
March 12, 2003.
PRESENT 2003 ALUMINUM AND STEEL CULVERTS BID - DEPARTMENT OF PUBLIC WORKS: Mr.
Warden presented the two bids received. Said bids will be considered for approval on Wednesday,
March 12, 2003
APPROVE 2003 RUBBERIZED CRACK FILLING PROJECT BID - DEPARTMENT OF PUBLIC
WORKS: Mr. Warden stated the Department of Public Works recommends approval of the low bid
from Quality Resurfacing Company, in the amount of$55,600. Commissioner Vaad moved to approve
said bid as recommended by staff. Commissioner Masden seconded the motion, which carried
unanimously.
APPROVE SIGN MATERIAL FOR 2003 BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden
stated the Department of Public Works recommends approval of the low bids from various vendors
listed for assorted items, totaling $22,452.90, as detailed in a Memorandum, dated February 20, 2003.
Commissioner Masden moved to approve said bid as recommended by staff. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
(Clerk's Note: Items#1 and #2 were moved to the end of the Agenda for discussion.)
CONSIDER LONG-TERM ROAD MAINTENANCE AGREEMENT FOR WCRS 7 AND 20.5 AND
AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, INC.: Drew Scheltinga, Department of Public
Works, stated this agreement is for the Cottonwood gravel pit, operated by LaFarge West, Inc.,
permitted under Use by Special Review Permit#488, approved October 17, 2001. Mr. Scheltinga
stated pursuant to certain Conditions of Approval, this agreement requires the applicant to improve the
entrance into the gravel pit, including turning lanes, and the intersections at Weld County Roads 1 and
20.5, and at Roads 7 and 20.5. He further stated the agreement requires LaFarge to share in the
future traffic signal construction at Weld County Road 20.5 and 1, and State Highway 52 and Weld
County Road 7. Mr. Scheltinga further stated Lafarge also agrees to repair any damage on the haul
route and participate in any necessary reconstruction. He stated all remaining improvements will be
shared proportionately with other truck traffic on the roadways. In response to Commissioner Geile,
Mr. Scheltinga stated the Heaton plant required the signalization at Highway 119 and Weld County
Road 17 under a separate agreement. He stated LaFarge intends to mine and process materials at
the Cottonwood gravel pit, and take materials to the Heaton plant for construction ready mix using
Weld County Roads 20.5 and 7. Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner Jerke, and it carried unanimously.
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Page 2 BC0016
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 118 AND AUTHORIZE CHAIR TO SIGN - SCOTT AND PEGGY KOSKIE: Don
Carroll, Department of Public Works, gave a brief description of the location of the roadway to be
upgraded. He stated Scott and Peggy Koskie, applicants, own the east half of Section 12, and plan to
construct a new home on the elevated portion of the site. Mr. Carroll stated Weld County Road 120 is
located to the north, with a western access located below the crest of a hill, an eastern access is
located directly across from a gravel pit operation, and the lane passes through a waterway and
marshy area with drainage problems. Mr. Carroll stated he attempted to access the site from the
eastern access of Weld County Road 120 and was unable to access the elevated area. He stated the
access along Weld County Road 118 is more suitable. He further stated notification was sent to the
surrounding property owners, and two responded with letters and phone calls expressing concern
regarding the proposed access. He stated there is public right-of-way on both sides of the section line
for Road 118. In response to Commissioner Jerke, Mr. Carroll stated there is an old railway line which
runs diagonally near the intersection of Roads 23 and 118, and it is still being used. He further stated
the intersection of Roads 23 and 118 is west of the railway, and the tracks must be crossed to travel
east on Road 118.
Scott Koskie, applicant, stated he would like to use the 60 feet of public right-of-way to access his
property, which is currently under contract, with a closing date on April 25, 2003. He stated the perk
tests and survey will be complete, and he submitted a packet of photographs and sales contracts,
marked Exhibit B. He stated this proposal will provide a safe, maintained access, which allows for the
preservation of the remaining agricultural land. He stated the other access options are dangerous and
will result in landlocking certain portions of the site. Mr. Koskie stated the northern accesses will also
require more distance to reach the residence and would divide the remaining 220 acres of farm ground
or 100 acres of open ranch land. He stated an entrance from the southwest is the best option to avoid
drainage, as well as providing a shorter distance to bring in utilities. Mr. Koskie stated he is currently
working on the survey, and if this request is not approved, his remaining option is to split off the
northeast quarter because the high ground will become land locked. He stated they worked diligently
to contact, and work with, the surrounding property owners to address their concerns. He stated they
intend to use the southern 30 feet, so the neighbor's fence will not need to be relocated. Mr. Koskie
reviewed the various issues of concern and reviewed the photos included in Exhibit B. He stated this
proposal will not invade the neighbor's privacy, and the right-of-way will be gravel and maintained to
County standards. He further stated that although the right-of-way is available for public use, he is
willing to post signs indicating the access is not a through road to discourage additional traffic. He
further stated the improved road and access to utilities will likely increase the surrounding property
values. He stated there will be no gullies or creeks to cross, the project will cost less, and he does not
feel there are many other feasible options for locating his future home. In response to Commissioner
Geile, Mr. Koskie stated he does not own any other land in this area; however, he does have some
land 15 miles to the west in Larimer County, which he is currently trying to sell. He also indicated the
location of the existing Poudre Valley REA power lines, and he has discussed the option of placing the
utilities underground at his own expense.
Charlene Malay, surrounding property owner, stated portions of Weld County Road 120 are difficult to
travel during inclement weather, and gravel trucks also create hazardous conditions. She further
stated the Malone home is visible to traffic traveling along Weld County Road 23, and the limited
amount of traffic traveling east on Road 118 will not likely create any adverse conditions. There being
no further comments, Chair Long closed public testimony.
Responding to Commissioner Jerke, Mr. Carroll stated the County has 30 feet of right-of-way on both
sides of the section line for Weld County Road 118, and the Malone fence is currently located on the
section line. In response to Commissioner Vaad, Mr. Carroll stated staff requested justification of this
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request since the property does front Weld County Road 120. He stated, based on the testimony of
the applicant, he recommends approval of this request. Commissioner Geile commented there are
limited access options from Weld County Road 120 due to poor sight distance, and poor terrain and
topography, and the applicant has expressed a willingness to place underground utilities to the
proposed residence, therefore, he moved to approve said agreement and authorize the Chair to sign.
Based on a request for further public testimony, Commissioner Geile withdrew his motion.
Mike Malone, surrounding property owner, submitted photos of the accesses along Weld County
Road 120, marked Exhibit D. He stated his house is approximately 1,300 feet from Weld County Road
23, and 150 feet from the proposed access along Weld County Road 118. He stated his house faces
the road with large windows and he expressed concern about a loss of privacy. He stated the
applicant has numerous areas where the land is suitable for constructing a new driveway from the
north, and denial of this request will not result in a landlocked parcel. Mr. Malone stated he is not
opposed to using the right-of-way for bringing in utilities; however, he is opposed to a driveway and
additional traffic. Commissioner Vaad commented the applicant currently has the ability to create four
80-acre parcels without approval by the Board, and without access from the south, some of the parcels
would be landlocked. He further stated this would also provide access to property to the south if
necessary. There being no further comments, Chair Long closed public testimony.
In response to Commissioners Vaad and Geile, Mr. Koskie confirmed he intends to coordinate with
REA Power to bury the utilities. Based upon his previous comments, Commissioner Geile moved to
approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER LETTER OF INTENT CONCERNING PHASE II STORMWATER PERMIT AND
AUTHORIZE CHAIR TO SIGN - CITY OF LONGMONT: Mr. Warden stated there are four areas in
Weld County which are required to have Phase II Stormwater Discharge permits. He stated the
Intergovernmental Agreement (IGA) with the City of Longmont has been prepared; however, due to a
farming operation located along Highway 119, the City has requested the Board approve a Letter of
Intent, which allows one year from March 10, 2003, to complete an IGA. He stated the Department of
Planning Services will be working to clear an existing violation at the site, which needs to be resolved
prior to proceeding with the IGA. In response to Commissioner Geile, Mr. Warden stated the City of
Fort Lupton is not in any of the Stormwater areas. Responding to Commissioner Masden, Mr. Warden
stated the Cities of Evans and Greeley have already approved Intergovernmental Agreements, and
Erie's will be completed soon. Commissioner Vaad moved to approve said Letter of Intent and
authorize the Chair to sign. Commissioner Geile seconded the motion, and upon a call for the vote,
the motion carried four to one, with Commissioner Jerke opposed.
CONSIDER REAPPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner
Geile moved to reappoint Linda Chase and Gilbert Burgerhoff to the Child Protection Citizen Review
Panel, with terms expiring March 4, 2006. Commissioner Vaad seconded the motion, which carried
unanimously.
CONSIDER REAPPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Vaad
moved to reappoint Carol Karre to the Island Grove Park Advisory Board, with a term expiring March 1,
2006. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE WELD COUNTY TREASURER TO ESTABLISH
SOUTHWEST WELD DRAINAGE AUTHORITY TRUST FUND: Mr. Warden stated the Southwest
Weld Drainage Authority has been created; however, it has not become operational with staff, nor can
it assess fees. He stated there is a consultant working to provide various services, and the
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participating jurisdictions have agreed to advance monies that will be repaid once the Authority is
operational and fees are assessed and collected. He stated in the interim, this trust fund will allow for
the receipt of money and payment of bills. He stated the fund will be temporary until the Southwest
Weld Drainage Authority is operational, and added Judy Ding, Town of Erie, will authorize all payments
and send them to the County for processing. Commissioner Vaad moved to approve said Resolution.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE
CHAIR TO SIGN - RJML, LLC, DBA LA MARAVILLA: Bruce Barker, County Attorney, read the notice
for this hearing into the record and reviewed the criteria for approval of a liquor license, marked
Exhibit K. Mr. Barker referenced a letter, dated February 19, 2003, submitted by Commissioner
Masden, making certain findings. He explained the applicant previously applied for a Tavern license,
which was denied; however, this is a different class of license, which is allowed. He stated pursuant to
various leases and contracts the applicant does have possession of the property, and the criteria
indicates food sales must make up 25 percent of the gross income for a Hotel and Restaurant liquor
license. Commissioner Geile commented the primary concern expressed in the previous hearing was
traffic entering Highway 85 at Weld County Road 16. Mr. Barker stated traffic issues are not included
in the specified criteria for a Hotel and Restaurant license. Responding to Commissioner Vaad, Mr.
Barker reviewed the various other types of liquor licenses.
Diane Goldenstein, attorney, represented the applicant and stated Ruben Rodriguez is the sole
member of RJML, LLC. Responding to Ms. Goldenstein, Ruben Rodriguez stated his current
employment is with La Maravilla, and since his previous application, he has focused primarily on the
restaurant rather than the night club. He stated there is a full kitchen, including dry storage, with a
service bar in the main dining room. The hours of food service will be from 6:00 a.m. to 9:00 p.m. and
he plans to serve both American and Mexican meals. He stated he has 15 years of experience with
liquor-licensed establishments, and he has three years of experience as a restaurant kitchen
supervisor. Mr. Rodriguez stated he has reviewed the liquor code, and he anticipates approximately
70 percent of his revenue will come from food sales. Responding further to Ms. Goldenstein, Mr.
Rodriguez stated he also has experience in supervising alcohol service, he plans to use TIPS training
with his employees, and he is coordinating with Oedipus, Inc., to do training on March 6, 2003, and
additional training for any future employees. He stated entertainment will be provided Friday through
Sunday evening, with Polka music each Sunday evening. He further stated the minors will be
separated from the adults, and he reiterated his primary focus will be the restaurant, with meals also
being served at tables in the dance club area. Mr. Rodriguez stated he has ten years of experience as
a Master of Ceremonies (MC) at various night clubs, during which time there were no disruptions and
the crowds remained under control. He stated the hired security and personnel receive adequate
training to provide a safe environment. He stated any patrons who create a disturbance will not be
allowed back in for at least six months, and their photos, names, and addresses are posted to assist in
identifying them. Mr. Rodriguez stated he will be the MC at this establishment, and he plans to host a
variety of bands to cater to various types of people. He reiterated that Polka dances will be held on
Sunday evenings and the crowd is primarily 60 years of age and older. He stated Union Colony
Security has been hired for the evening hours of operation, therefore, he does not foresee the need for
police assistance. He stated he has been working with the Weld County Sheriff's Office to conduct
training and keep open communications, and the site plan changes have been discussed with the Weld
County Department of Building Inspection. The two old entrances on the west have been closed, the
main entrance is from Weld County Road 16, there will be disabled parking, lights will be added to the
parking lot, and the trash collection area will be screened. He stated there will be more landscaping,
and he has also installed a surveillance system. Mr. Rodriguez explained intoxicated persons will not
be allowed to enter the premises, a taxi service will be called for any patrons who are obviously
intoxicated, alcohol consumption will not be allowed in the parking lot, and all ID's will be checked to
Minutes, February 26, 2003 2003-0559
Page 5 BC0016
ensure minors are not served alcohol. He further stated the building is half restaurant and half lounge,
with meals being served in both sides. Mr. Rodriguez stated he feels there is a need for this
establishment, the area is growing, and he submitted letters of support, marked Exhibits A through F.
(Clerk's Note: The recording of the following minutes was faulty and was not corrected until after the
afternoon recess.) Responding to Commissioner Jerke, Mr. Rodriguez stated a MC interacts with the
crowd between songs or shows. He reiterated any patron who is "86'd," or forced to leave the
premises, is not allowed to return for at least six months. Responding to Commissioner Vaad, Ms.
Goldenstein stated there are nine people in attendance and they also have various letters of reference,
all of which attest to the character of the applicant. She stated the applicant has been working with
Dave Rice, Director of the Colorado Liquor Enforcement Division, who indicated he no longer has
issues with Mr. Rodriguez, since the last incident occurred more than nine years ago. In response to
Commissioner Geile, Ms. Goldenstein stated the LLC is listed with the State and Mr. Rodriguez is listed
as the sole owner, member, and managing member. She reiterated the restaurant hours will be
from 6:00 a.m. to 9:00 p.m., and entertainment will be provided Friday through Sunday, with the hours
of operation being 6:00 a.m. to 1:30 a.m. She stated approximately 70 percent of the revenue will be
from food, the dance hall area is approximately 8,000 square feet, and the remainder of the building
is 5,500 square feet. Ms. Goldenstein stated the restaurant will be located at the front of the building,
and the old garage area has been converted into a lounge. Mr. Rodriguez stated the two areas are
separated by a fire wall, the fire sprinkler system has been approved, and the fire alarm system is
currently under review by the Fort Lupton Fire Protection District. Responding to Commissioner Geile,
Mr. Rodriguez stated the preliminary figures for building capacity is roughly 163 persons for the
restaurant and 700 for the lounge.
In response to Ms. Goldenstein, Ronald Wright, owner of Union Colony Security Services, stated the
business has been open for 13 years and he has owned it for the past four years. He stated they have
been hired on a contract basis to provide security services for the establishment, and they will
provide 14 officers and one supervisor, Friday through Sunday. Mr. Wright reviewed the three other
establishments where they provide security, and they average 350 patrons each evening. He stated
there have only been three occasions in the past two years when there was a disturbance, and they
called for additional law enforcement. He stated his officers are trained in observation, they try to work
with hostile patrons before a disturbance starts, and they are not admitted if they are rowdy at the
entrance. He further stated they also patrol the parking lots using radio communication with the inside
staff. He stated the applicant will have his own employee supervising the cameras, and that person will
communicate directly with the security supervisor. They will direct traffic entering or leaving the parking
lot; however, the traffic plan still needs to be approved. He stated they plan on blocking the frontage
road, and directing westbound traffic to main street where there is a traffic light to assist traffic entering
Highway 85. Responding to Commissioner Masden, Mr. Wright stated the primary difference at this
establishment will be the restaurant where many patrons will come just for food, so people will need to
be directed to the appropriate areas. He further stated security officers will be on the premises when
the lounge opens, Friday through Sunday, to provide security, direct traffic, and keep the fire lanes
open. In response to Chair Long, Mr. Wright stated they staff one guard per 50 patrons, as required by
the Sheriff's Office. He stated they have 52 officers, he is in the process of hiring an additional 35,
and 20 officers remain on-call at all times. In response to Commissioner Masden, Mr. Wright stated
the officers are equipped with handcuffs, mace, pressure point techniques, and if they have received
the appropriate training they can also carry side arms. He further stated any person involved in a fight
is required to leave, or detained until a Sheriff's Deputy can assist.
Ricardo Salazar, KGRE Commercial Radio, stated Mr. Rodriguez plays primarily Hispanic music. He
stated he has known the applicant for five years providing advertising for various events at the station.
He further stated Mr. Rodriguez also worked as a part-time DJ at the station. He stated the applicant is
Minutes, February 26, 2003 2003-0559
Page 6 BC0016
very honest, he experienced no problems while working as MC at Club Romance, he is considerate of
the patrons' safety, and he will be responsible for this liquor license.
Fernando Alfonso Lujan, former employee, stated he has known the applicant for 12 years, he has a
good reputation with his customers, and he considers the safety of patrons who have consumed too
much alcohol.
Chair Long requested testimony from those who are unable to return after 1:30 p.m. David Norcross,
City of Fort Lupton representative, referenced concerns from Norma Taylor, who had to leave and
submitted a letter, marked Exhibit G. He stated this was previously denied based on transportation
issues, concern for public safety, and the limited resources of the Fort Lupton Policy Department, Weld
County Sheriff, and State Patrol. He stated it is in the best interest of the citizens that there not be
another liquor establishment in the area because the Town of Fort Lupton already has plenty. In
response to Ms. Goldenstein, Mr. Norcross expressed concern with Fort Lupton Police Officers having
to respond to a call until a Weld County Sheriff's Deputy can attend, which reduces the police presence
within town limits. He further stated he does consume alcohol on occasion, and it has been his
experience that those places where alcohol is served tend to get out of hand. In response to
Commissioner Vaad, Ms. Goldenstein addressed the concerns expressed by Ms. Taylor by stating the
Weld County Department of Building Inspection has done a complete site review, parking will not be
allowed on the service road, and the parking lot will be controlled by the Security Company. Mr.
Rodriguez clarified the Colorado Department of Transportation (CDOT) has no plans to close Weld
County Road 16, and has indicated a traffic signal may be installed within the next few years. In
response to Commissioner Jerke, Mr. Rodriguez stated they have 191 parking spaces, as well as two
acres of railroad land which is landscaped and could accommodate any overflow parking. Ms.
Goldenstein stated the access to the overflow parking area is accessed through the primary access
and main parking lot.
In response to Ms. Goldenstein, Tina Scott, Oedipus, Inc., stated they were hired to do a petition or
opinion poll to determine the needs and desires of the defined neighborhood. She stated the petition
was submitted on February 21, 2003, indicating favorable results from the 222 qualified persons polled.
She stated 190 indicated they are in favor, and four are opposed. She explained some objected for
reasons that do not meet the legal requirement of reasons for objection. Ms. Scott stated Oedipus,
Inc., is owned by her husband, Max Scott, who has owned the business for the past 35 years. She
stated they have been conducting petitions for 33 years, and worked on approximately 5,000 licenses
in Colorado. She further stated the results show an overwhelming desire for this particular
establishment, with a 79 percent approval rating based on needs. Responding to Commissioner Geile,
Ms. Scott reviewed the areas where the survey was conducted as indicated on the maps petition
materials.
(Clerk' Note: The remainder of the meeting from this point was recorded.)
Chair Long recessed the hearing until 1:30 p.m. Upon reconvening, Sheriffs Deputy Les Wiemers
stated he does liquor inspections for the southern part of the County. He stated his initial referral
indicated no concerns; however, his inspection was conducted at a time when the site was still under
construction. Deputy Wiemers stated he has worked with the applicant and all of his issues have been
addressed; however, the parking lot still needs to be striped for the parking spaces. He stated the
applicant previously indicated there are 191 parking spaces; however, the painting has not yet been
completed. He expressed concern with the traffic being diverted from Weld County Road 16 down
Denver Avenue, as well as blocking the intersection leading to Highway 85. He also expressed
concern with large weekend events when there are only two Sheriff's deputies that patrol in the
southeast region of the County, and they will likely require assistance from local law enforcement. In
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Page 7 BC0016
response to Ms. Goldenstein, Deputy Wiemers stated this application does not appear to be different
from other liquor establishments, and there are other locations where liquor establishments access
directly onto State highways. Ms. Goldenstien stated if the blocked intersection appears to be
impeding traffic, the applicant will need to work with Deputy Wiemers to correct the situation.
Commissioner Masden commented there is a significant amount of truck traffic along this portion of
roadway. Deputy Wiemers concurred and stated Denver Avenue is a busy route as the secondary
access into the City of Fort Lupton.
In response to Ms. Goldenstein, Monica Diaz stated she is over 21, she is familiar with the
establishment, and feels there is a need for this restaurant because there are not many other choices
in the area. She stated she occasionally goes to dance clubs, such as Club Romance, and at no time
did she feel in danger. She stated they provide a fun, social atmosphere with dancing, and she did not
witness any problems in the parking lot.
Manuel Rodriguez translated for Francisco Diaz who stated he is over 21 and occasionally consumes
alcohol. He stated he is familiar with the location and feels the area needs a better restaurant and
place to attend, so he is in favor of this application. He stated he has known the applicant for 18 years,
and he has a good reputation. He further stated he has attended night clubs where Mr. Rodriguez was
the MC, and there were no problems.
Manuel Rodriguez translated for Olanda Guerrero who stated she is familiar with area and she feels
there is a need for this restaurant.
Manuel Rodriguez translated for Olivia Guerrero who stated she is over 21, but does not drink. She
stated she has known the applicant for five years and he has a good reputation. She stated, if
approved, she would attend the dance hall, rather than traveling to similar night clubs in Denver and
Greeley.
Manuel Rodriguez translated for Isaias Morales who stated he is over 21, he occasionally drinks
alcohol, and he is familiar with the proposed location. He stated he is in favor of this restaurant
because the area needs this type of facility and they will have good food.
Joel Nava Dominguez stated he is over 21, but he does not drink; however, he would visit the facility, if
approved. He further stated he attended Club Romance when Mr. Rodriguez was the MC, and it was a
safe and fun environment, with no fights.
In response to Ms. Goldenstein, approximately 20 people in the audience stood to indicate their
support for this application.
Forrest Tedford, surrounding property owner, stated he has lived in the area since 1979, and attended
the previous hearing to express his opposition to this establishment. He stated the sign was posted in
a front window; however, the public could not read it from the road and the entrance was blocked. He
stated the notice was also published in the South Weld Sun, which is not a wide-spread publication.
Mr. Tedford stated there is no lighting at the intersection of Weld County Road 16 and Highway 85,
and CDOT has indicated the intersection may eventually be limited to a right-in/right-out corner. Mr.
Tedford expressed concern with large truck traffic transporting goods in the area. He added Weld
County Road 16 is a busy route, there have been several fatal accidents involving agricultural
equipment, and there are no speed limit signs posted. He expressed concern with the system for
ensuring evicted patrons do not return, and stated a security vehicle blocking an unlighted intersection
sounds very hazardous. He stated the proposed alternate route will be difficult to enforce, the
applicant has not addressed how minors will be separated from adults, and the survey excluded many
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Page 8 BC0016
adjacent and local residents. He stated the local businesses which have testified in favor of the
establishment will receive financial gain from the business, and he added there is no local taxi service
in the area.
Richard Hawley, surrounding property owner, stated the sign for this hearing was inadequate and he
was not aware of this hearing until last week. Mr. Hawley stated he did contact various residents in the
area who are opposed to the application because they have teenagers who travel in this area for late-
night school and sporting activities. He is not biased regarding the restaurant, but he is opposed to a
dance hall due to concerns regarding loud music and increased traffic on a busy intersection. He
stated they already experience vandalism and additional people in the area will only increase the
problem. Mr. Hawley submitted a petition of opposition, marked Exhibit J.
Brian Funderburk, City of Fort Lupton Administrator, stated he has many concerns with this application,
none of which deal with the applicant's character. He stated it is unfortunate that the Liquor law does
not require consideration of public safety, and although the proposal to direct traffic may help, the
presence of alcohol still creates a hazard. He stated directing traffic to Denver Avenue and entering
Highway 85 at the traffic light will still be hazardous because they will be merging with traffic
traveling 65 miles per hour. Mr. Funderburk also expressed concern with a lounge that could
potentially have 700 people, and he doubted whether 70 percent of the income will come from food
sales. He stated the security company testified they deal primarily with clubs averaging 200 to 300
patrons, and it is likely many of the patrons will come to the night club rather than to the restaurant.
Mr. Funderburk stated there are 17 establishments within the City limits of Fort Lupton. Ms.
Goldenstein objected to references of other liquor establishments unless they are a Hotel and
Restaurant. Mr. Barker stated her objection is noted and the Board will need to give weight to her
concern while making a determination. Mr. Funderburk clarified that there are nine restaurants which
sell alcohol, which he reviewed for the record. He stated the City of Fort Lupton has a population
of 7,000, and 17 liquor-licensed establishments is adequate. He stated as a resident of the City, he
opposes the application and feels the needs of the community are currently being met.
Ken Clark, Fort Lupton Mayor Pro-Tern, stated he has been delegated by the City Council to express
their concerns. Ms. Goldenstein objected to Mr. Clark speaking for a group, which is not allowed under
State law. Mr. Clark stated he is also a resident of the City of Fort Lupton, and he stated this
establishment will function primarily as a night club, although it is formally permitted as a restaurant.
He stated there are still concerns regarding traffic safety, public safety, and whether this proposal is
necessary to meet the needs and desires of the neighborhood. He stated there is also a railroad which
must be crossed at night while passing through the unlighted intersection at Weld County Road 16,
which may not be improved by CDOT for several years. Mr. Clark stated traffic congestion will likely be
a problem, and he expressed concern with increased traffic along Denver Avenue consisting primarily
of patrons who have been drinking. He stated there are limited levels of staff with the Fort Lupton
Police Department and the Sheriffs Office. He further stated the City Council has received no
statements requesting approval of this proposal; however, many have indicated their opposition. He
reiterated the planned activities remain the same as previously proposed under the first application,
which was denied. Mr. Clark stated the survey did not reference the proposed dance hall or night club
uses, and he requested the Board weigh its decision based on the intended uses, increased traffic at a
dangerous intersection, an unsupportable burden on local law enforcement, and an adverse effect on
the health, safety, and welfare of the Fort Lupton residents. He further stated the needs of
neighborhood are currently being met by existing facilities, and the proposal is contrary to the desires
of a majority of the inhabitants. In response to Commissioner Geile, Mr. Clark stated the Fort Lupton
city limit is at Weld County Road 14, which is one-half mile south of the establishment. He stated he is
opposed to directing traffic into Fort Lupton, and although the City Council is not opposed to annexing
this property, there are some limitations regarding water service, and being separated by one-half mile
Minutes, February 26, 2003 2003-0559
Page 9 BC0016
of unincorporated Weld County. Responding to Ms. Goldenstein, Mr. Clark stated the City did not
conduct a formal survey, however, the citizens voted for the current council members to represent
them, and he did speak with various members of the Hispanic community. There being for further
comments, Chair Long closed public testimony.
Ms. Goldenstein referenced various Colorado Supreme Court cases on similar issues, and noted this
establishment is one-half mile from the Fort Lupton city limits. She stated the presence of three or four
similar outlets does not constitute meeting the need of the neighborhood, and the Board cannot
speculate as to traffic and parking problems as a basis for denial. She stated the applicant is
concerned about traffic and is working to address those issues; however, it is not a factor that can
weigh on the decision. She further stated vandalism, noise, and parking do not provide a basis for
denial pursuant to State law. She stated testimony has been given which indicates Mr. Rodriguez is a
responsible MC and there have been no problems while he is attending. The restaurant and food
service will contribute to helping control intoxication, and there are many prize giveaways which help
keep the patrons happy and content. Ms. Goldenstein stated the Security Company has testified to
only three instances where law enforcement was required, and fights will be controlled at all costs
because they are not good for business, and could result in revocation of the permit. She stated there
are many residents who would like to have a local establishment which caters to Hispanic activities, so
they do not have to drive to Greeley or Denver; however, the applicant will also cater to various other
ethnic groups as well. She further stated the survey indicates 97 percent of those polled feel this
establishment would meet the needs and desires of the neighborhood, the applicant is of good
character, and the premises will be controlled by a professional security company.
Responding to Commissioner Vaad, Mr. Barker stated State law indicates traffic issues cannot be
considered; however, the Board can consider public safety, which is broad enough to cover traffic
accidents when taking any future action regarding this establishment. In response to Commissioner
Vaad, Mr. Rodriguez stated he did paint the handicap spaces last week; however, he was unable to
complete the remainder of the parking lot due to inclement weather. Responding to Commissioner
Geile, Mr. Barker referenced Section 12-18-101, C.R.S., and stated the Dance Hall criteria is not all
inclusive of the liquor law. He stated the facts must show a public safety hazard for revocation once a
license has been issued. Commissioner Jerke commented it is unclear what the term "need" implies
and what the initial legislation intended. Ms. Goldenstein explained this law was established following
prohibition and the State Supreme Court determined that those who drink should not have to go
excessive distances to obtain alcohol. Mr. Barker concurred and added "desires of adult inhabitants"
and "number of existing and current outlets"were also added to further clarify the "need."
In response to Commissioner Geile, Don Carroll, Department of Public Works, stated Site Plan
Review#341 was approved by staff for this facility, and the applicant did provide a professional traffic
study. He stated the U.S. Highway 85 Corridor Study identifies a three-quarter movement at Weld
County Road 16, which means a left turn would be allowed from Highway 85, but there would be no left
turn lane from Weld County Road 16 south onto Highway 85. He stated during the lunch break he
contacted CDOT, which verified there are no plans for a traffic light at this intersection. He further
stated the application materials indicated approximately 100 customers, Monday through Thursday,
and the specified parking should be adequate for the occupancy capacity of the building. He further
stated High Plains Engineering indicated drainage problems at the access requiring a culvert, and the
applicant did submit an improvements agreement for the project. Responding to Commissioner
Masden, Mr. Carroll stated the applicant has complied with CDOT's recommendation to close both
accesses to the frontage road, as well as the request to route traffic down Denver Avenue (WCR 14.5)
and then west to the light. He stated the Board and Sheriff's Office does have authority to grant the
temporary closure on Weld County Road 16; however, the closure will likely be 50 feet from
Highway 85, in an unlighted intersection, which he would consider a traffic hazard.
Minutes, February 26, 2003 2003-0559
Page 10 BC0016
Responding to Commissioner Geile, Mr. Barker stated the number of patrons can be limited by the
Dance License based on the number of parking spaces. Ms. Goldenstein stated she is aware of a
large church which was required to hire a State Patrol Officer to direct traffic following the morning
services. Commissioner Masden expressed concern with the difference between traffic on a Sunday
afternoon following church, and a late evening on the Highway with alcohol involved.
Commissioner Vaad referenced the Liquor Licensing Criteria, marked Exhibit K, and stated there has
been adequate testimony to support items #2, #3, #5, #6, #7, #8, and #9. Regarding item #4, he
further stated that although there are 17 other liquor licensed establishments in the area, they do not
provide similar dancing opportunities which supports the finding under item #1. Based on those
comments, he moved to approve this application. He stated approval of the dance hall license does
allow for consideration of public safety, and if there is an issue in the future, the dance hall license
could be revoked which would greatly impair the overall business. Commissioner Geile concurred with
Commissioner Vaad's comments and findings, and he seconded the motion. Commissioner Jerke
stated he is opposed to the motion because there is an adequate amount of liquor establishments in
the area to serve a town with a population of 7,000, as well as the rural surrounding area. He stated
the desires of the adult population who do not drink also need to be taken into account, and the Board
has received two separate surveys which indicate both support and opposition to this proposal. He
stated the applicant is of good moral character and reputation; however, he feels the number of
existing outlets is suitable, and the intended use of the facility has not changed from the previous
application which was denied, although it would be permitted as a different type of liquor establishment.
He stated based on the number of negative findings, and the concerns expressed by the community of
Fort Lupton, he is opposed to this application. Commissioner Masden stated he is also opposed to the
motion. He clarified that he did meet with the applicant who is definitely of good moral character, and
he has worked to create a nice restaurant; however, he feels there are enough establishments in the
neighborhood, the distance is not too much to obtain alcohol, and it has been less than two years since
the Board denied the application for a similar intended use. Chair Long stated he supports the motion
because it will provide a service similar to that of Club Romance, which is making good progress. He
further stated criteria items #1 and #4 are very similar and he feels this facility will meet the needs of
the neighborhood in total, and he finds no negative evidence regarding the remaining criteria. Chair
Long stated this is an annual application, and the Board also has the means for revocation of the
permit prior to renewal if it is deemed appropriate. Upon a call for the vote, the motion carried three to
two, with Commissioners Jerke and Masden opposed.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - RJML,
LLC, DBA LA MARAVILLA: Forrest Tedford, surrounding property owner, stated he is not opposed to
the restaurant or liquor being served; however, his primary concern is with the dance hall application, in
conjunction with the liquor license. He further stated he was offended by the applicant's legal counsel
making accusations of racial profiling in relation to this application. Bob Corthius, surrounding property
owner, stated he operates a vacation bible school in Aristocrat Ranchettes and he feels this application
will be a detriment to the morals of the community. Ms. Goldenstein stated there are no standards for
denying a dance hall license; however, if there are problems in the future the permit can be revoked.
She further stated they will work with the Sheriff's Office regarding traffic, and the applicant is willing to
limit the number of patrons for the dance license to 500.
Commissioner Geile commented the Board has received petitions representing the desires of the adult
inhabitants, as well as some very specific testimony expressing concern with the dance hall.
Commissioner Masden concurred and stated based on the testimony regarding adverse effects on the
local law enforcement, traffic issues, and the health, safety and welfare of residents in the area, he is
opposed to the dance hall license.
Minutes, February 26, 2003 2003-0559
Page 11 BC0016
Commissioner Vaad moved to approve said application, with a term to expire December 31, 2003.
There being no second, the motion failed.
Commissioner Masden moved to deny the dance application. Commissioner Jerke seconded the
motion. He stated his primary opposition to the first application, which was denied, was based on the
volume of people and the resulting traffic. He further stated the applicant can run a good restaurant
and still receive high profit from meals as indicated in previous testimony. If there are no instances,
they could apply for a dance hall license at a later date. Responding to Chair Long, Mr. Barker stated
there are no restrictions to reapplying for a dance hall license; however, he cautioned that there are no
criteria for the denial of a dance license and the court will likely review whether the decision was made
appropriately. Based on the comments made by legal council, Commissioner Geile stated he will vote
against the motion. Commissioner Vaad commented his supporting vote for the liquor license was tied
to the need for a dance establishment. He further stated if there are any negative incidents, the dance
license can be revoked, while leaving the restaurant operating with a liquor license. Responding to
Chair Long, Mr. Barker stated it would require an ordinance to establish criteria for review of a dance
hall license application. Chair Long stated based on comments of legal counsel, there needs to be a
device to protect the health, safety, and welfare of the residents of the County. He stated he is not in
favor of this dance license; however, there are criteria for revocation of the license, if necessary, and
that can be done at any time if there is adequate evidence to support a revocation. Upon a call for the
vote, the motion failed with Commissioners Vaad, Geile, and Long opposed.
Mr. Barker recommended the dance hall license be restricted to a certain number of persons during
any time the premise are open for business. He proposed the Board add a condition of approval to
state, "Prior to issuance of the dance hall license, the applicant shall provide to the Clerk to the Board,
a traffic plan approved by the Weld County Sheriff's Office, addressing entrance into, and exit from, the
liquor licensed premises onto Weld County Road 16 and U.S. Highway 85." Ms. Goldenstein proposed
the attendance on the premises be limited to 500 persons for the dinner period, Friday through
Sunday. Commissioner Geile proposed the number be limited to 350 persons during a period of
evaluation. Ms. Goldenstein clarified that would apply for normal activities on the licensed premises,
not special events, such as weddings. Commissioner Vaad moved to approve a Dance Hall License,
with the Condition as proposed by legal counsel, as well as a condition which states, "The Dance Hall
portion of the liquor licensed premises shall be limited to 350 persons anytime the licensed premise are
open for public dances." Commissioner Geile seconded the motion. Commissioner Geile directed
staff to begin establishing criteria for review of dance hall applications. Commissioners Masden and
Jerke stated they do not support the motion. Chair Long commended all involved and his colleagues
for their opinions while work within the boundaries of State and local ordinances. He stated he
believes the applicant has good intentions; however, if they do not comply, the license can be revoked.
Upon a call for the vote, the motion carried with Commissioners Jerke and Masden opposed.
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, February 26, 2003 2003-0559
Page 12 BC0016
There being no further business, this meeting was adjourned at 3:15 p.m.
BOARD OF COUNTY COMMISSIONERS
WE�UN Y, COLD DO
ATTEST: iatetil,I +�' ,} . Li
vid E. Lo g, Chair
Weld County Clerk to t 'Bo r
e '
R bed D. sden, Pro-Tem
BY:
Deputy Clerk to the Board//H , 4V97 /
M. J. ei e
EXCUSED DATE OF APPROVAL
WilliJ� ke
Glenn Vaad
Minutes, February 26, 2003 2003-0559
Page 13 BC0016
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