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HomeMy WebLinkAboutMinutes 02/10/04 PUBLIC HEARING FEBRUARY 10, 2004 Present: Tom Stone Am Menconi Jack Ingstad Diane Mauriello Teak Simonton Chairman Commissioner County Administrator County Attorney Clerk to the Board Absent: Michael Gallagher Commissioner This being a scheduled Public Hearing, the following items are presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Stone stated the first matter before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of February 9, 2004, subject to review by the County Administrator B. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for January 27,2004 C. Agreement between Eagle County and Donald Bisset D. Agreement between Eagle County and Colorado Mountain College for Nursing Clinical Rotation E. Agreement between Eagle County and Benje Bendele for Fair and Rodeo Sounty and Performance Music F. Agreement between Eagle County and Ran Burns for Fair and Rodeo Stock Contract. Chairman Stone asked the Attorney's Office ifthere were any changes to the Consent Agenda. Brian Treu, County Attorney, stated there are no comments or corrections. Commissioner Menconi moved to approve the Consent Agenda as presented. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gallagher was not present as he was in a meeting with Homeland Security. Plat & Resolution Signing Chairman Stone stated there are no plats and resolutions for the Board's consideration today. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda for February 10, 2004 as follows: 1 02-10-04 A) El Jebowl, Inc. El Jebowl This is a renewal of a tavern license. This establishment is located along Favre Lane and Highway 82 in El Jebel. There have been no complaints or disturbances during the past year. B) Fitzsimmons Motor Company, Inc. Fitzsimmons Motor Company This is a change in corporate structure. Judy Fitzsimmons will now be president, the vice-president remains the same and Stefanie Gillespie will become secretary treasurer. Mr. Fitzsimmons passed away in December and Mrs. Fitzsimmons added her daughter to the corporation. All applicants are reported to be of good moral character. Commissioner Menconi moved to approve the Liquor License Consent Agenda for February 10, 2004 as presented. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. St. Clare of Assisi Earlene Roach presented an application for a special events permit for February 21, 2004 from 6:00 p.m. to 12:00 a.m. As this applicant has held similar events in the past several years and have not had any problems, staff has no concerns with this application. This application is in order and all fees have been paid. The applicant's alcohol management plan and premise map is attached to the staff report. Michelle Maloney, applicant, was present for the hearing. She informed the Board that World Peace, the caterer will provide staff for the event who have had TIPS training. She thanked Ms. Roach for her help. Commissioner Menconi moved the Board approve the Special Events Permit for St. Clare of Assisi for February 21,2004, from 6:00 p.m. to 12:00 a.m. Chairman Stone seconded the motion. The vote was declared unanimous. Tavolaccio Earlene Roach presented a modification of premises for Tavolaccio, Inc. d/b/a Tavolaccio Restaurant. She requested this matter be tabled to February 24,2004 due to the applicant not posting his premIses. Commissioner Menconi moved the Board table the modification of premises for Tavolaccio, Inc., d/b/a Tavolaccio Restaurant to February 24, 2004. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. El Jebel Convenience Store Bryan Treu requested the Board authorize the Chairman to sign an Order for Show Cause for El Jebel LLC, d/b/a El Jebel Convenience Store. This establishment was caught in a sting operation performed by the Alcohol Task Force on January 29, 2004. On the evening of January 29th this 2 02-10-04 establishment sold alcohol to a minor cooperating with the Eagle County Sheriffs office without being asked for identification. Commissioner Menconi moved to authorize the Chairman to sign an Order for Show Cause for El Jebel LLC, d/b/a El Jebel Convenience Store. Chairman Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. ZS-OOl10 The Gabriel Foundation Cliff Simonton presented file number ZS-OOllO, The Gabriel Foundation. He stated the applicant is requesting this matter be tabled indefinitely. He stated that at the scheduled meeting of February 5th the Planning Commission determined that more time was needed to make a recommendation. He stated that some of the impacts are summertime only impacts. He stated that the Planning Commission would be discussing this item on May 5,2004. Chairman Stone wondered whether fines would be imposed. Mr. Treu stated that fines of up to $50.00 per day might be accrued and recommended that the Board refrain from waiving these fines at this time. Terrill Knight, Knight Planning representing the Gabriel Foundation told the Board that the Foundation has been working diligently to resolve the issues. Based on the fact that the birds are not outside during the winter the Planning Commission felt it was prudent to wait until the impact of the noise could be evaluated during such time as the birds would be outside. He stated that he would like to discuss how and if fines would be imposed. He stated that they would be disappointed if the fines would build up based on a requested tabling by the Planning Commission. Mr. Treu stated that if the applicant went through the process to get the special use permit there would not be any fines imposed. Chairman Stone stated that the requested tabling would be at the applicant's request. Mr. Knight stated that they are committed to following the rules and if a special permit is not allowed, the operation would cease. Commissioner Menconi moved to table file number ZS-OOllO, the Gabriel Foundation indefinitely at the applicant's request. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. There being no further business to be brought before the Board the meeting was adjourned until February 71,2004. Attest~l Clerk to the Boa d ;lP~~.L~;i_,{".\}~'_~~~~"; .,:if' o"f. ",,...,--,,>:),'\ 'if .", (~~'<J:' y~ i,. ~''''., t~ .' \( ;.' 1<.1 '~' ." --l.~.. . III ,.q; ~. */ (' " .. Ol~~P,.i' c~ 3 02-10-04