HomeMy WebLinkAbout993052.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 29, 1999
TAPE #99-40
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, December 29, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
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 Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of December 27, 1999, as printed. Commissioner Geile seconded the motion,
and it carried unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 1) Consider Agreement for
Installation and Maintenance of Crossing Structure and authorize Chairto sign-The Greeley and Loveland
Irrigation Company [993050]
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, CLERK AND RECORDER'S OFFICE - GAYE HEDIN: Chair Hall
presented Gaye Hedin with a plaque recognizing her for more than 25 years of service to Weld County.
Suki Tsukamoto, Weld County Clerk and Recorder, thanked Ms. Hedin for all of her help and presented
her with a pin and flowers in appreciation.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
p ej 993052
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds
$120,150.02
Electronic Transfers - All Funds $1,949,194.90
Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
BIDS:
PRESENTTRAINING CENTER CONSTRUCTION BID-FINANCE DEPARTMENT:Mr.Warden presented
the seven bids received. Said bids will be considered for approval on Wednesday, January 12, 2000.
PRESENT BITUMINOUS PAVEMENT HOT/COLD MIX AND ASPHALT BID- Mr. Warden presented the
two bids received. Said bids will be considered for approval on Wednesday, January 12, 2000.
APPROVE RE-ROOFING FOR MARLBOROUGH BUILDING BID-FINANCE DEPARTMENT:Mr.Warden
recommended approval of the low bid from Front Range Roofing Systems in the amount of$46,696.00.
Commissioner Kirkmeyer moved to approve said bid. Seconded by Commissioner Geile, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR INSTALLATION AND MAINTENANCE OF CROSSING STRUCTURE
AND AUTHORIZE CHAIR TO SIGN-THE GREELEY AND LOVELAND IRRIGATION COMPANY: Bruce
Barker, County Attorney, stated this agreement is for the continued work on Two Rivers Parkway which
will require crossing a portion of a ditch owned by the Greeley and Loveland Irrigation Company. In
response to Commissioner Geile, Mr. Barker stated the remaining amount to be paid is $1,800.
Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
PROBABLE CAUSE HEARING FOR TAVERN LIQUOR LICENSE FOR ROMANCE, INC., DBA CLUB
ROMANCE/LUCKY STAR: Mr. Barker explained once a renewal application is submitted, a referral is sent
to the Department of Planning Services, and the Weld County Sheriffs Office. He stated Deputy Mark
Johnson expressed concern with allowing minors into the establishment and submitted various incident
reports. Mr. Barker reviewed the procedures fora Probable Cause hearing. Deputy Johnson stated liquor
establishments are the type of business in which some problems are expected, and added that although
there are numerous reports there is a new security company which does a good job. He stated by the time
a deputy arrives on the site, the security guards usually have the situation under control and are simply
waiting for the deputy to take over. Deputy Johnson further stated the applicant does allow minors inside,
and marks their hands with a "M"for Minor, or an "A" if over the age of 21 to help distinguish who can be
served alcohol. In response to Commissioner Geile, Deputy Johnson, explained it is difficult to control all
underage drinking once they are allowed inside, and this establishment has a lot of underage patrons.
Responding to Chair Hall, Deputy Johnson stated when he has responded to calls regarding intoxicated
minors, the minors have consumed alcohol before entering the bar. Deputy Johnson stated his main
concern is allowing minors into the establishment. Responding to Commissioner Baxter, Deputy Johnson
stated when the security guards caught patrons with Cocaine, they took them out of the establishment to
wait for a Sheriff's Deputy. In response to Chair Hall, Deputy Johnson stated he would not have a problem
with the renewal of this license with the Condition that the amount of minors allowed inside be restricted
or reduced. Responding to Commissioner Geile, Mr. Barker stated at this point the law allows for any age
to be present within a bar; however, it does prohibit serving alcohol to minors. Responding to
Minutes, December 29, 1999 993052
Page 2 BC0016
Commissioner Vaad, Deputy Johnson stated if there is a problem,the security officers request the people
involved to leave and if they leave without a disturbance, they do not report the incident to the Sheriffs
Office. He further stated if a legal patron is caught giving alcohol to minors, they are also asked to leave.
In response to Commissioner Kirkmeyer, Deputy Johnson stated this establishment under the current
ownership started in July 1998, and he has included all of the reports to this date. Responding to
Commissioner Baxter, Deputy Johnson stated he has not noticed an increase or decrease in complaints
since the change in security companies; however, he reiterated that the current security guards do a good
job. Responding to Commissioner Vaad, Deputy Johnson estimated there are eight or nine other liquor
establishments within a ten-mile radius.
Manuel Manriquez, applicant, stated he did not receive the notice of today's hearing until December 17,
1999, which did not allow for enough time to have an attorney present. (Clerk's Note: Switched to tape
#99-41) In response to Chair Hall, Mr. Manriquez stated he has hired three more employees to help
monitor activities and ensure that people are not washing off the marks on their hands and that minors are
not receiving alcohol. He further stated they enforce a policy which does not allow a patron to leave and
then come back because they may go out to the parking lot and drink. In response to Commissioner Vaad,
Mr. Manriquez stated if an adult is caught serving alcohol to a minor they are asked to leave and if they
don't leave peacefully,the Sheriff's Office is called. Responding to Commissioner Baxter, Mr. Manriquez
stated prohibiting minors to enter would hurtthe business because approximately 35 percent of the patrons
are minors who are required to pay a cover charge at the door. Mr. Manriquez further stated there are
different classifications of minors,for example a minor less than 14 must be accompanied by a parent and
can only stay for two hours; a minor less than 16 must be with a parent, and anyone between the ages of
16 and 20 must be with an adult 21 years of age or older. Responding to Commissioner Geile, Mr.
Manriquez stated the previous security company was too rough and did not work well with the customers,
and was replaced in July 1999. He indicated since that time the number of calls and types of cases have
improved. Chair Hall stated the reports earlier than the starting date of the current license should not be
considered during this hearing. Mr. Manriquez stated they intend to have all of their employees trained
through the TIPS Program. Commissioner Geile reviewed the standards for determining if a Show Cause
hearing should be scheduled and he expressed concern with the large number of incident reports. Mr.
Manriquez reiterated the previous security company did not provide as good a service and over the last
six months the number of reports has decreased. Mr. Manriquez stated this is a nice establishment and
invited the Commissioners to come and view the site and environment, and in response to Commissioner
Baxter, he reviewed the hours of operation. Responding to Commissioner Kirkmeyer,Mr. Barker reviewed
the summary sheet of incident reports from January4, 1999,through November 21, 1999. Commissioner
Vaad stated a majority of the testimony from Deputy Johnson was in favor of the establishment, with the
exception of the number of minors allowed inside. Mr. Manriquez reiterated that legal patrons serving
minors are asked to leave as well as the minor, and although this is one of the highest response sites on
beat one, they are trying to improve the situation by posting signs indicating the legal drinking age, as well
as the rules concerning the consequences for serving minors. Responding further to Commissioner Vaad,
Mr. Manriquez stated if a patron drinks too much, a taxi service is called to take them home. In response
to Commissioner Baxter, Mr. Manriquez stated some of the current employees are trained through TIPS
Program; however,they have purchased a TIPS training tape to ensure the existing and future employees
have adequate training. No public testimony was offered concerning this matter.
In response to Commissioner Geile, Deputy Johnson stated the State Patrol does not keep track of DUls
in relation to a specific bar, and he is not sure if there have been any issued as a result of this
establishment. Responding to Commissioner Baxter, Deputy Johnson stated the first security company
was more aggressive and did find drugs at the site. He added the current security company is more laid
back, but has kept weapons from getting in and the reports have not increased. In response to
Commissioner Kirkmeyer, Deputy Johnson stated keeping alcohol from minors has been a problem for
many years, and indicated that by allowing them into a bar just adds to the problem.
Minutes, December 29, 1999 993052
Page 3 BC0016
Mr. Barker stated the Board has the option of renewing the license without conditions, renewing it with
conditions, or setting a Show Cause hearing. He stated in order to set a Show Cause hearing, the Board
must find and cite instances relating to any of the four items cited in the Administrative Manuel in
accordance with Ordinance#102. In response to Commissioner Vaad, Mr. Barker stated if the application
is approved and a violation occurs at a later date, the Board can suspend the license at that time.
Commissioner Vaad moved to renew the license without conditions stating there is not enough evidence
to set a Show Cause and imposing a condition to limit the number of minors is contrary to what is allowed
by the State. Commissioner Geile, seconded the motion and stated there are some minor violations which
the applicant could work on correcting. Commissioner Kirkmeyer, asked that the motion be amended to
approved the renewal application with two conditions including: 1)All employees are required to complete
the TIPS training; and 2) That a sign be posted regarding the age limits for minors which must be
accompanied by a parent or legal adult. Commissioner Vaad amended his motion to include the
conditions, and Commissioner Geile agreed. Commissioner Baxter stated he agrees with the amended
motion. The amended 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.
There being no further business, this meeting was adjourned at 10:00 a.m.
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Minutes, December 29, 1999 993052
Page 4 BC0016
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