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HomeMy WebLinkAboutMinutes 02/07/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING FEBRUARY 7, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips Bob Loeffler Sara J. Fisher Chairman Corrmissioner Corrmissioner Ass It. County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: Corrmissioner Gates moved to open the meeting as the Local Liquor Licensing Authority. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Eagle-Vail Cafe Earlene Roach, County Liquor Inspector presented for approval a renewal for HAL Construction dba Eagle-Vail Cafe. Staff recorrmends approval. Corrmissioner Gates moved to approve the Renewal for HAL Construction dba Eagle-Vail Cafe. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Beaver Creek Rest. Mgmt., Terrace Restaurant Earlene Roach presented for approval a renewal for Joe C. Cowan dba Beaver Creek Rest. Mgmt., Terrace Restaurant. Staff recorrmends approval. Representative for The Terrace was not present. Commissioner Phillips moved to table this item. corrmissioner Gates seconded the motion. The vote was declared unanimous. Pier 13 Liquors Earlene Roach presented for approval a renewal for Thomas J. Domenico dba pier 13 Liquors. Staff recommends approval. Corrmissioner Johnson moved to approve the renewal for Thomas J. Domenico dba pier 13 Liquors. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Two Elk Restaurant Earlene Roach presented a "Show Cause" for Vail Food Service, Inc. dba Two Elk Restaurant and Vail Food Service, Inc. dba Eagle'S Nest Restaurant. Staff finds the above establishments were in violation of the Colorado Liquor Code and Eagle County Regulations. Section 47-106.2 of the Colorado Liquor Code reads as follows: "After issuance of a license, the licensee shall make no physical change, alteration or modification of the licensed premises which materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license without the prior written consent of the local and state licensing authorities. For purposes of this regulation, physical changes, alterations or modifications of the licensed premises, or in the usage of the premises requiring prior written consent, shall include, but not be limited to the following: (3) Any substantial or material enlargement of a bar, or relocation of a 1 bar, or addition of a separate bar." and staff finds the above establishment is/was in violation of the Colorado Liquor Code and Eagle County Regulations. Section 12-47-128 (g) reads as follows: "It is unlawful for any person to manufacture, sell or possess for sale any malt, vinous or spirituous liquors unless licensed to do so as provided by this article and unless all licenses required are in full force and effect." Staff learned of this violation from a former employee of Vail Associates, Ron Baker. Mr. Baker called to inform Staff he had discovered the mobile bar/restaurant known as the "Dog Haus", had been re-Iocated to the base of Chair 11 and had been operating selling alcoholic beverages for approximately twenty-one (21) days. He stated a modification of premises to remove the bar from the Optional Premises had not been applied for. Staff recommends a temporary suspension of the liquor license for a period of twelve days, ten days to be held in abeyance for a period of one year. Staff continued if any further violations occur on the licensed ~remise within that period the appllcant shall be brought back before the COrrmlssiones to determine if the license shall be permanently revoked. Jim Mandell, Vice President, General Council for Vail Associates introduced representatives present for Vail Associates. Mr. Mandell spoke of the nature of the charges. He announced the organization feels bad that this has occured but stated there was no intent to purposely disobey the guidelines established with a liquor license. He felt it was poor communication on their end and has no intent of denying the charges. The establishment would like to go on record a~pologizing for the incident and would like to assure the county measures wlll be taken to prevent this from happenin$ in the future. Mr. Mandell corrmented the association will take liquor llcensing to a higher level. Tamara Underwood will take responsibiltiy for licensing, strict audits will take place within the licensed preffilses, and focus will be placed on the TIPS and Management Trainin$ programs. Mr. Mandell feels the two (2) day, ten (10) day suspenSlon is extreme for Ea$le's Nest Restaurant but feels a two (2) day suspension would not be unfalr for the Two Elk facility eliminating the ten (10) day abaince. corrmissioner Gates questioned where the two (2) day, ten (10) day suspension came from. Earlene Roach responded she and the State Liquor License Officer discussed the options available and this recommendation was then suggested by State. Conversation continued with further e~hasis on the licenses and the responsibility or ownership of such, enhanclng communications, enforcing the boundaries and working together as a team. Corrmissioner Phillips moved the Local Liquor Licensing Authority suspend service of liquor at Eagle's Nest Restaurant for two (2) days being a Wednesday and Thursday. Corrmissioner Gates did not second the motion. He felt both entities should be considered, not just the one. Chairman Johnson then seconded the motion. Two voting aye, one voting no. Commissioner Gates moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County corrmissioners. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Eagle County Airport Jack Lewis, County Manager, stated the next item on the agenda was a work session concerning future development at the Eagle County Regional Airport. He introduced Gregg Isbill, Airport Planning, Guy Gurtz, proj ect Manager, Terry VanSant, Airport Architect, Jack Pepper, Finance Expert and Dan ReYnolds, Airport Manager. He stated the proposed program has been in place for a couple of years and it has become apparent Eagle County was facing an approximate 2.7 million dollar expense to implement this program. He stated currently the Airport does not cover its o~erational expenses. Mr. Lewis reviewed the number of customers currently arrlving at the Airport and those expected by the year 2000. He reviewed graphs for the Board. Mr. Lewis stated the County has three alternatives, as follows: 01) do nothing 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 02) status quo, keep as is 03) increase revenues. Corrmissioner Gates asked if the figures in the presentation include maintenance, i. e . runway improvement. Gre$ Isbill stated if the County refers to pavement as maintenance the F.A.A. wlll not participate, but if lt is called re-hab, it is eligible for funds from the F.A.A. Jeff Ross, Vail Beaver Creek Jet Center, questioned the 9.2 million dollar deficit to a 5.2 million dollar surplus. Mr. Lewis stated the County has previously invested 1.5 million dollars and related the 9.2 million dollar figure is a total figure. corrmissioner Gates questioned non-competing terminals and funding sources. Mr. Lewis stated the corrmittee is looking for guidance from the Board today. He stated the corrmittee has not been allowed to talk to the Airlines and there are many questions to be answered. Chairman Johnson asked the cost of doing business at the current time. Dan ReYnolds stated the cost is approximately $1.00 per seat. He stated these funds are paid to Eagle County to operate the Airport. Mr. Ross stated American Airlines pays approximately $135,000.00 to be operating in the terminal. Mr. ReYnolds stated the Airport Facilities Charge is $3.00 per passenger, which the County nets approximately $2.50 of that fee. However those funds must go to capital improvements project acceptable to the F.A.A. Mr. Ross stated the airlines reimburse the Jet Center for utilities as follows: 01) .52 for utilities 02) 2.80 for rent 03) 1.00 landing fee. Corrmissioner Gates asked if this Airport ever get to a break even or profitable enterprise. Commissioner Phillips asked about the 8.6 million dollar bond issue. Mr. Lewis stated that figure is what would be needed to fund the terminal. commissioner Phillips questioned if the bond issue would need to be voted on. Jim Fritze, County Attorney, stated if the debt were incurred by Eagle County, under Amendment One, the bond issue would need to be voted on. He stated Ea$le County has certain ~wers as owner of the Airport. Commlssioner Phillips questloned the current revenue now received by the County. Mr. Lewis stated an additional 4.2 million dollars will be needed, divided by twenty (20) years, would be an additional $200,000.00 per year. Tim Kelley, business owner at the Airport, questioned how much revenue is incurred over the expenses now. He referred to an article in the Vail Valley Times and related there is alot of unexplained revenues. Mr. Kelly stated he now pays almost $12,000.00 per year, 3%' of that is passed on to the County. Mr. Lewis stated in 1993 the County collected $37,096.00 and in 1994 the County collected $41,300.00. Craig Colby, Vail Beaver Creek Jet Center, stated fees paid to Eagle County total $319,309.00 for rental car fees and commercial revenues. Jack Lewis stated total revenues to be collected in 1995 are projected at $814,000.00. Paul Gordon, Vail Beaver Creek Jet Center, stated the Jet Center pays 3%' on all merchandise, 3%' on rental car revenues, 6%' for all planes on the ramp, fixed rent on hangars and the baggage building. He stated the Jet Center also pays approximately $80,000.00 on property taxes per year. Mr. Gordon stated there is an eight cent per gallon fuel flow charge, which is three cents per gallon every where else. Jim Fritze stated the general aviation charge is a charge for fuel flowage and not the FBO specifically. Jeff Ross stated there are two different operations at the Airport, 3 corrmercial and general aviation. He stated the gross revenues for the terminal are $800,000.00 per year, with approximately $100,000.00 being for operating expenses. He questloned if a second terminal is the best answer. Jack Lewis stated the corrmittee calculated $159,000.00 from one airline, adding other airlines $600,000.00 was used to start the projections. He stated the corrmittee knows what the Jet Center does by the fees submitted. The projections are accurate and conservative. Jeff Ross stated the Jet Center is currently designing a plan for expansion to the existing facility by adding approximately 35%' to the terminal and by adding more airline counters. He suggested the following four solutions: 01) consider a reduction in the scope of improvements 02) buy the current terminal if the County wants to be in the terminal business 03) the Jet Center could take over the operating expenses of the airport 04) during the sumner months other flights could go non-stop to the East coast. Mr. Lewis stated 767 airplanes need a longer runway to enhance a full load even in the winter. Roxie Dean, representin$ the Town of Eagle, stated there are impacts to the town, i.e. highway trafflC. She stated the Town of Eagle would like to mitigate some of the traffic and increasing sumner flights mean greater disturbances. She asked why the bond issue would not be voted on. Jim Fritze stated if it were a traditional bond it would be voted on. He stated if in fact it were a lease purchase those are not voted on. Jeff Schroll, Town of Gypsum, stated they are also concerned with the impacts and requested the County please pay attention to noise and traffic. He stated if the Jet Center plans to expand the request to consider impacts goes to them also. He cautioned the Board from turning the entire project pre-vail. Bill there are Thomsech, Air Transportation Manager for Vail Associates, stated three constituents to keep in mind: 01) citizens of Eagle County 02) our guests, 25%' of visitors come through the Airport 03) other businesses effected, airlines, ground transportation, etc. corrmissioner Gates asked where to go from here. Mr. Lewis stated Ms. Deane and Mr. Scholl are both now on the Airport Advisory Corrmittee. Mr. Scholl stated the Town of ~sum is in no way proposing shuting down the Airport, but there needs to be tlme to prepare. Mr. Isbill asked how we meet the needs of the growth that's coming. He stated an additional four to six million dollars is needed one place or another. Tim Kelly stated he still questions the numbers being presented. Jim Fritze stated $12,000.00 is the direct airport costs. He stated there are numerous additional costs being spent but not paid for out of the $12,000.00. Brad Ghent, lessee at the Airport, asked if the $200,000.00 figure included rehab costs. Mr. Lewis stated some of those costs are included in the $200,000.00 figure. Mr. Ross stated the Jet Center cannot take over all the capital expenditures and deficits. He stated Eagle County has a responsibility to the tenants. Corrmissioner Gates stated the County has encouraged ~artnerships to make the Airport successful and in doing so control has been gl ven up. He stated the Board needs to see what the County can afford to do. He feels that further study must be considered to make a decision for the future. Corrmissioner Phillips referred to the Eagle County economic viability. She related concerns with citizens and visitors. She stated the County needs to look at other revenues and stated she is not sure the County should be a landlord. She stated this should be a cooperative effort. Corrmissioner Gates stated whether Eagle County owns the airport or somebody else owns the airport, the problems will still exist. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Chairman Johnson stated there is a need to reduce, if not eliminate, the County's subsidies. He stated the numbers seen today are to make the necessary improvements and off-site impacts are great as well. He recorrmended Staff continue to look at reducing the County's subsidies. He stated other funding must be looked at and exposure must be reduced to Eagle County residents. He stated the Airlines must be spoken to and determine their interests. Public input must be obtained. Mr. Scholl stated he has concerns with County Staff negotiating with his clients. Mr. Lewis challenged Mr. Ross to put the pencil to the paper. There being no further business to be brought before the Board the meeting was adjourned until February 14, 1995. . /. 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