HomeMy WebLinkAbout20011037.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 9, 2001
TAPE #2001-17
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 9, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Comptroller, Claud Hanes
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of April 4,2001,as printed. Commissioner Long seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearing
conducted on April 4, 2001, as follows: 1) A Site Specific Development Plan and Use by Special Review
Permit#1310 for an Agricultural Service Establishment(equine facility)in the A(Agricultural)Zone District,
Reva Barrett. Commissioner Long seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 3) Consider Renewal
Application for Hotel and Restaurant Liquor License and authorize Chair to sign-YE'O Jr., Inc., dba Boldt
In Grill [2001-0819]
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board:
All Funds $377,104.85
Commissioner Masden moved to approve the warrants as presented by Mr. Hanes. Commissioner Jerke
seconded the motion, which carried unanimously.
2001-1037
BC0016
OLD BUSINESS:
CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES (MODIFY PREMISES) AND
AUTHORIZE CHAIR TO SIGN - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR: Mr. Barker
stated the licensee submitted this application on March 29, 2001, and on April 2, 2001, the Board
continued the matter to allow adequate time for Commissioner Long to inspect the premises. He explained
the licensee intends to construct a wall which will separate minors from adults for the purpose of preventing
minors from being served alcohol. He explained the two portions of the establishment will have separate
entrances, and he reviewed the terms included in the Board's renewal Resolution approved on
February 21, 2001. Jeff Reif, Department of Building Inspection, stated he has reviewed the plat and the
separation wall should be constructed with a one-hour fire rating. Mr. Reif stated he has no objections,
and as submitted, it appears the facility will be in compliance with the Building Code regulations. He further
stated the licensee will need to submit design plans to the Department of Building Inspection prior to
construction. In response to Commissioner Vaad, Mr. Reif confirmed, as shown in the design drawing,
the two areas will be completely separated. Responding to Chair Geile, Mr. Barker stated the Sheriff's
Office, State Patrol, and Colorado Liquor Enforcement Division were notified of today's hearing. He
submitted a transcript of a phone message left by Scott Copley, and stated Dave Sauter of the Liquor
Enforcement Division indicated he is opposed to the application.
Diana Schatz represented the licensee and she referred to the diagram stating the adult patrons will not
be able to get to the minors' area without going around and entering the other side of the building. She
explained patrons must provide valid identification before being allowed into the licensed premises, and
responding to Chair Geile,she indicated the locations of the various entrances,security area,and separate
restroom facilities. Ms. Schatz stated the modifications are necessary to address building code violations
and the concerns of the Board, while still allowing a broad range of ages to attend the activities at the
facility. She further stated there is no statute prohibiting minors from entering a Tavern; however, it is
at the Board's discretion in this specific situation. Responding to Commissioner Jerke, Mr. Barker stated
there is no limit as to the number of modifications a licensee may submit; however,they must be approved
by the local and state authorities to ensure that all agencies are aware of what areas are licensed to serve
alcohol. Mr. Barker stated the application indicates the licensed premises will be reduced, while still
allowing a place for minors. In response to Chair Geile, Ms. Schatz indicated that since the renewal was
approved, the minors have been turned away which has had a significant impact on the establishment
finances. She added the patrons are charged a cover charge and the amount is based on who is
performing. Responding to Commissioner Long, Ms. Schatz stated the stage is located in the minors'area
and the separation wall will be of plexiglass so the adults can still see and hear the performers. In
response to Commissioner Vaad, Ms. Schatz stated the adults will be allowed to enter the minors' area;
however, they will not be allowed to bring alcoholic beverages. She further stated there will also be a
dance floor in the adults' area.
Kenneth Poncelow, Weld County Sheriffs Office, stated they have been working with this bar; however,
it is up to the Board as to whether minors will be prohibited. Mr. Poncelow stated since renewal, the
business has decreased, but the licensee has continued to attend all of the scheduled meetings and has
posted necessary signs. In response to Commissioner Vaad, Mr. Poncelow stated the licensee is in
compliance with the terms of the Resolution renewing the license. Chair Geile clarified the State Patrol
has submitted a transcribed voice mail message and the Colorado Liquor Enforcement Division is not
present.
Olga Galindo, music promoter for the Club,stated the licensee did not schedule bands during the first year
of operation; however, she has been working with them during the past year and since the renewal
hearing, they have had a significant decrease in customers, which has caused a financial strain. Ms.
Galindo stated the licensee owes her money for the performances done since the renewal hearing, and
added other clubs in the area allow minors and do not have the proper separation as is being proposed
Minutes, April 9, 2001 2001-1037
Page 2 BC0016
by the licensee. She stated Club Romance has made a diligent effort to prevent minors from receiving
alcohol,the employees are trained,and the management is working hard. In response to Chair Geile, Ms.
Galindo stated one of the establishments she was referring to is located in Garden City, and that is where
most of their customers have been going since the renewal hearing. Mr. Reif corrected his prior comments
and stated the separation wall will need to have a two-hour fire rating. In response to Ms. Schatz, Mr.
Barker clarified the State Patrol and State Liquor have not had an opportunity to review the new diagram
because it was not received until just before the Board Meeting. Responding to Commissioner Vaad, Mr.
Barker stated Condition#O of the renewal Resolution only prohibits patrons from re-entering the licensed
premises; however, they will be able to leave the tavern area and enter the minors' area as long as they
don't take alcoholic beverages. Responding to Chair Geile, Mr. Barker stated the renewal Resolution does
not need to be modified, and added the initial modification application was submitted to indicate the
addition of a patio and a slight modification to the entrance. Since that time the licensee has further
amended the application to remove the patio as part of the licensed premises and show the separation wall
for the minors' area. The Board concurred that Commissioner Long, Chair Geile, and Mr. Reif should
reinspect the premises to confirm the proposed modifications are complete as shown on the diagram.
Commissioner Long reviewed his discussion with the licensee at his prior inspection,and asked if the door
between the minors' area and the restaurant would be replaced with a wall. Isidro Rodriguez, manager,
stated they intend to use double-key doors. Mr. Reif stated those types of doors will not qualify for the two-
hour fire rating. Mr. Barker added a locked door would not be in compliance with the State regulations and
the stated the door should be replaced with a wall. Mr. Reif stated the fire department requires a two-hour
wall based on the size of the facility. He added the exterior doors on the west accessing the licensed
premises do not share a common wall with the minors' area, therefore, they do not need to be replaced
with a wall.
In response to Commissioner Vaad, Ms. Schatz stated the licensee will comply with the fire code
requirements and will follow the intent of the previous discussion regarding removing doors and replacing
them with a wall between the two areas.
Commissioner Vaad moved to approve said application and authorize the Chair to sign. His motion also
included direction for the installation of a wall to replace the doors between the proposed minors'area and
the licensed premises, and to delegate Commissioner Long, along with Chair Geile and Mr. Reif, to
reinspect the premises following completion of the proposed modifications. The motion was seconded
by Commissioner Masden. Upon a call for the vote,the motion carried with Commissioner Jerke opposed.
Responding to Mr. Barker, Ms. Schatz stated the licensee anticipates the project will take three weeks to
complete.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CHRIS AND SHERRY NESMITH:
Michael Sampson, Assessor's Office, stated this property was double assessed due to a computer error
and staff recommends approval. Commissioner Vaad moved to approve said petition as recommended
by staff. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- HEALTHCARE REALTY TRUST,
INC.: Mr. Sampson gave a brief description of this nursing care facility, and stated the property was listed
as commercial; however, it should have been listed as residential. Mr. Sampson stated staff recommends
the listing be changed. Commissioner Masden moved to approve said petition as recommended by staff.
Seconded by Commissioner Jerke, the motion carried unanimously.
Minutes, April 9, 2001 2001-1037
Page 3 BC0016
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - YE'O JR., INC., DBA BOLDT IN GRILL: Mr. Barker stated the Sheriffs
Office reported no concerns with this establishment, no calls for service were received during the past
twelve months, and staff recommends approval. Commissioner Long moved to approve said application
and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER GRANT RENEWAL FOR YOUTH ABSTINENCE EDUCATION: Mark Wallace, Director of
Public Health and Environment, stated this is a proposal for the"Building Bright Futures: Promoting Youth
Abstinence Awareness and Education." He stated the program is used in seven schools throughout Weld
County, and under the proposal, they will continue the program as it exists, as well as expand into other
schools and community-based programs. Dr. Wallace further stated the renewal also proposes to bring
unused grant funding from the prior term forward, as well as access other funds from new agencies that
will be involved. Commissioner Jerke stated the problem extends beyond minorities and income, and Dr.
Wallace stated the Program Goal cited on the abstract page indicates youth of color, low income, and
youth with special needs; however, that does not prohibit anyone from receiving the benefits of this
program. Responding to Chair Geile, Dr. Wallace stated $15,577.00 of unused funds will be brought
forward, they are requesting an additional $76,775.00, and the funding will be in-kind matches from the
community and other agencies involved. Commissioner Vaad moved to approve said renewal.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER EQUIPMENT LEASE-PURCHASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
MOTOROLA, INC.: Kim Fliethman, Weld County Task Force Control Board, stated they have selected a
three-year lease to recover Federal funds, and added the first year will be covered with forfeiture funds,
and the remaining two years will be funded with a fifty-fifty match. In response to Chair Geile, Mr.
Fliethman explained the Drug Task Force sells items they recover while breaking up drug activities and
the money goes into the Forfeiture Fund. He explained the money is then used to purchase equipment
which is used by the Task Force. The authorized agencies involved are the District Attorney's Office, the
Task Force Control Board Chair,and the Board of Commissioners. Commissioner Long moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion carried
unanimously.
SECOND READING OF CODE ORDINANCE #2001-2, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY CODE:
Frank Hempen, Jr., Director of Public Works, stated this amendment includes routine language changes,
changes to the use of chemicals, and the addition of a weed species known as Dalmatian Toadflax,which
is migrating from Wyoming and Larimer County to the northwestern portion of the County. He further
stated amendments also include authorizing the Department of Public Works to do cost sharing for
treatment on private property and to work with municipalities in the County to treat noxious weeds along
County rights-of-way which have been annexed by municipalities. In response to Commissioner Vaad,
Ron Broda, Department of Public Works, explained Dalmatian Toadflax is included on the recommended
State list; however, the State is in the process of refining that list to narrow down the number of controlled
species. He stated the State list is not mandatory and the County has the option of specifying which weeds
will be controlled. Mr. Broda further stated Loco weeds are natives and the law only addresses non-local
weeds. Commissioner Vaad stated Loco weed is damaging to cattle feeders and is being found near the
Towns of Briggsdale and Keota. Commissioner Vaad moved to read Code Ordinance #2001-2 by title
only. Commissioner Jerke seconded the motion, which carried unanimously. Mr. Barker read said title
for the record. No public testimony was offered concerning this matter. Commissioner Vaad moved to
approve Code Ordinance#2001-2 on second reading. The motion,which was seconded by Commissioner
Jerke, carried unanimously.
Minutes, April 9, 2001 2001-1037
Page 4 BC0016
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AND ACCEPT FORM OF COLLATERAL FOR KENNETH WILLIAMSON, DBA
KING'S COURT PROPERTIES, LLLP, S #315: Kim Ogle, Department of Planning Services, stated the
County Attorney's Office has reviewed and approved the form of collateral and amendment, and the
Departments of Public Works and Planning Services have reviewed the agreement and find the collateral
amount sufficient. Don Carroll, Department of Public Works, stated all of the transportation items have
been verified and the posted amount is sufficient. Commissioner Vaad moved to approve said agreement
and accept the form of collateral for Kenneth Williamson, dba King's Court Properties, LLLP, S #315.
Commissioner Long seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance#2001-2 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
���� WELD�jEL COO TY, COLORADO
ATTEST: a ��'f/rii Loss* /7:77.<- a i r
\` A M. J. Geile, C air
Weld County Clerk to the B' d _ ; 4 ? ��
I 1861fre„,rI ��I Glenn Vaad, rr T&1rr
BY: _•A'; 1,i���
Deputy Clerk to the Boa% *"*' , 1 H. Jerk
David E. Long
EXCUSED DATE OF AP ROVAL
Robert D. Masden
Minutes, April 9, 2001 2001-1037
Page 5 BC0016
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