HomeMy WebLinkAboutMinutes 10/26/04
PUBLIC HEARING
October 26, 2004
Present:
Tom Stone
Am Menconi
Jack fugstad
Bryan Treu
Don DuBois
Chairman
Commissioner
County Administrator
Assistant County Attorney
Absent:
Mike Gallagher
Commissioner
This being a scheduled Public Hearing, the following items were presented to the Board of County
Commissioners for their consideration:
Consent Agenda
Chairman Stone stated the first item before the Board was the Consent Agenda as follows:
A. Approval of Bill Paying for the Weeks of October 25 and November 1,2004 (Subject to Review by the
County Administrator)
Mike Roeper, Finance Department
B. Approval of Payroll for October 28, 2004 (Subject to review by the County Administrator)
Mike Roeper, Finance Department
C. Approval of the Minutes of the Eagle Board of County Commissioners Meetings for September 7,
September 14, September 21, and September 28, 2004
Teak Simonton, County Clerk and Recorder
D. Change Orders #4 and #5 for the Avon to Dowd Junction Trail, Phase I Construction Agreement
Ellie Caryl, ECO Trail
E. Agreement Regarding Provision of Procurement and fustallation Services for Eagle County Airport Flight
Procedure Design Between Eagle County and Jeppesen Dataplan, fuc. -
Helen Migchelbrink, Facilities Management
F. Agreement between Eagle County and Carmen L. lacino for Substance Abuse Treatment Services for
Families
Kathleen Forinash, Health & Human Services
G. Agreemel1t between Eagle County and the Colorado Department of Public Health & Environment for Child
Immunization Services
Kathleen Forinash, Health & Human Services
H. Weston Solutions, mc. Agreement - Proposal for Additional Site Characterization and Preparation and
Submittal of a Corrective Action Plan Modification and General Terms and Conditions
Brad Higgins, Road & Bridge
I. Memorandum of Agreement between Brian and Michelle Maloney and Eagle County
County Attorney's Office Representative
1.
Second Supplemental Ground Lease between the County of Eagle, State of Colorado and Eagle County Air
Terminal Corporation
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County Attorney's Office Representative
K. First Amendment to Subdivision and Off-Site Improvements Agreement for Willow Creek Planned Unit
Development
County Attorney's Office Representative
Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda.
Bryan Treu, Assistant County Attorney stated that Item F needed to be pulled.
Commissioner Menconi moved to approve the Consent Agenda for October 26, 2004, Items A-K, omitting
Item F.
Chairman Stone seconded the motion. Ofthe two voting commissioners, the vote was declared unanimous.
Board of County Commissioner's Resolution Consent Agenda
Cliff Simonton, Community Development
A. Resolution 2004-112 To approve File Number 1041-0056, a Permit to Construct Major Extensions of
Existing Domestic Water and Sewage Treatment Systems and for the Efficient Utilization of a Municipal
Water Project in Order to Serve the Town of Eagle Water Treatment Plant Pretreatment Facility Located
South of Eagle, Colorado
Commissioner Menconi voted to approve the Resolution Consent Agenda for October 26, 2004, consisting
of only Item A.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous.
Minor Plat Signing:
There were no plats to sign.
COmlllissioner 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 unanimous.
Eagle County Liquor License Authority
Don DuBois, Clerk & Recorder's Office
Consent Aeenda
Renewals
A) MRT Wines, Inc.
dba Beaver Creek Fine Wines
This is a renewal of a retail liquor license in Beaver Creek. There have been no complaints or
disturbances during the past year. All fees have been paid.
B) Wolcott Market, Ltd.
dba Wolcott Market
This is a renewal of a 3.2% Beer, Off-Premises license in Wolcott. There have been no complaints or
disturbances during the past year. All fees have been paid.
C)
Wolcott Market, Ltd.
dba Wolcott Liquors
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This is a renewal of a retail liquor store license in Wolcott. There have been no cbmplaints or
disturbances during the past year. All fees have been paid.
D) Vail Food Services, Inc.
dba Mid-Vail Restaurant
This is a renewal of a hotel and restaurant license with optional premises on Vail Mountain. There
have been no complaints or disturbances during the past year. All fees have been paid.
Other Consent
E) MRT Wines, Inc.
dba Beaver Creek Fine Wines
This is a Change in Corporate Structure for MRT Wines, fuc. Penny TerHar has replaced Shirley
Rotert as President of the corporation. Ms. TerHar is reported to be of good moral character, and the
necessary fees have been paid.
Commissioner Menconi moved to approve the Liquor Consent Agenda of October 26,2004, Items A-E.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous.
Other Liauor
A. Enterprise Hotels of Colorado, Inc.
dba Black Diamond Grille
APPLICANT:
DBA:
REPRESENTATIVE:
LOCATION:
CONCERNS I ISSUES:
Enterprise Hotels of Colorado, Inc.
Black Diamond Grille
Bob Nelson, General Manager
26 Avondale Lane Beaver Creek, CO
None
DESCRIPTION: This is a request for the transfer ofa Hotel and Restaurant License for Enterprise Hotels of
Colorado, fuc. dba Black Diamond Grille. Enterprise Hotels of Colorado, fuc. has applied for a Transfer of
Ownership from Big Sky Restaurant Company, LLC dba Beaver Creek Chophouse. The applicant is operating
under a temporary license issued by the Board on September 26, 2004.
STAFF REPORT AND FINDINGS
ESTABLISHING THE NEIGHBORHOOD
This step is not necessary under the rules for a transfer of ownership.
NEEDS AND DESIRES OF THE NEIGHBORHOOD
This step is not necessary under the rules for a transfer of ownership.
OTHER FINDINGS
:;.. This application is in order, all application requirements have been met, all the proper forms have been
filled out, and all fees have been paid.
:;.. The premises where the alcoholic beverages will be sold has been previously licensed by the state and local
licensing authorities and was valid as of the date of receiving the application.
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>- Tht; applicants are reported to be of good moral character.
>- Applicants are currently operating under a temporary license issued by this board.
>- The statement that all accounts for alcohol beverages sold to the applicant are paid has been received.
>- The applicants are over 21, fingerprints are on file, and Personal History Records are on file.
>- Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10
days prior to the hearing. Publication of the notice is not required for a transfer of ownership.
>- The premises are not within 500 feet of a location for which, within 2 years preceding the application, a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
>- The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the
date of the application, a license has been denied at the same location for the reason that the reasonable
requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets.
>- The premises are not within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
STAFF RECOMMENDATION: All findings are po~itive and staff recommends approval.
Bob Nelson, General Manager for the Black Diamond Grille, was present to answer any questions. He
stated that they are planning to open on December 16, 2004.
Don DuBois, Liquor License Coordinator, submitted two additional maps to the cOm:lllissioners. He stated
that these maps are to be part of the proposed licensed premises.
Chairman Stone asked if these were the same licensed premises that the previous owners were operating
under.
Mr. DuBois stated that they were.
Commissioner Menconi moved that the local licensing authority, incorporating stafffmdings, approve the
transfer of the hotel and restaurant liquor license from Big Sky Restaurant, LLC dba Beaver Creek Chophouse to
Enterprise Hotels of Colorado, Inc. dba Black Diamond Grille.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous.
B. Big Sky Restaurant Company, LLC
dba Beaver Creek Chophouse
APPLICANT:
DBA:
REPRESENTATIVE:
LOCATION:
CONCERNS / ISSUES:
Big Sky Restaurant Company, LLC
Beaver Creek Chophouse
Brian Nolan, Manager
One Beaver Creek Bldg. Beaver Creek, CO
None
DESCRIPTION: This is a request for the transfer ofa Hotel and Restaurant License for Big Sky Restaurant
Company, LLC dba Beaver Creek Chophouse. Big Sky Restaurant has applied for a Transfer of Ownership from
Boulder Beaver, LLC dba Rendezvous Bar and Grill.
STAFF REPORT AND FINDINGS
ESTABLISHING THE NEIGHBORHOOD
This step is not necessary under the rules for a transfer of ownership.
NEEDS AND DESIRES OF THE NEIGHBORHOOD
This step is not necessary under the rules for a transfer of ownership.
OTHER FINDINGS
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>- This application is in order, all application requirements have been met, all the proper forms have been
filled out, and all fees have been paid.
>- The premises where the alcoholic beverages will be sold has been previously licensed by the state and local
licensing authorities and was valid as of the date of receiving the application.
>- The applicant is reported to be of good moral character.
>- The statement that all accounts for alcohol beverages sold to the applicant are paid has been received.
>- The applicant is over 21, fingerprints are on file, and Personal History Record is on file.
)- Public notice has been given by the posting of a sign in a conspicuous place on the premises at least 10
days prior to the hearing. Publication of the notice is not required for a transfer of ownership.
>- The premises are not within 500 feet of a location for which, within 2 years preceding the application, a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
>- The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the
date of the application, a license has been denied at the same location for the reason that the reasonable
requirements of the neighborhood and the desires ofthe adult inhabitants were satisfied by existing outlets.
>- The premises are not within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
STAFF RECOMMENDATION: All findings are positive and staff recommends approval.
Brian Nolan, manager of Big Sky Restaurant, LLC was present to answer any questions the board may
have had.
COm:lllissioner Menconi asked what the optional premises were and how they operated.
Mr. DuBois stated that they were licensed premises that were not used year-round, but only at specific
times. The applicant had to give 48 hours notice when he intended to use them.
Mr. Nolan concurred with these statements. He stated that he would install various security measures, such
as fences, to help enforce the licensed premises.
Coql1nissioner Menconi moved that the local licensing authority, incorporating staff findings, approve the
transfer of the hotel and restaurant liquor license from Boulder Beaver, LLC dba The Rendezvous Bar and Grill to
Big Sky Restaurant, LLC dba Beaver Creek Chophouse.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous.
Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the
Eagle County Air Terminal Corporation.
Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous.
Eagle County Air Terminal Corporation Meeting
County Attorney's Office Representative
President Menconi stated that the first order of business was the approval of minutes of May 25, 2004
meeting:
Mike Roeper moved to approve the minutes of the May 25, 2004 meeting.
Chairman Stone seconded the motion. The vote was declared unanimous.
President Menconi stated that the next item of business was the ratification of ECAT audit letter.
Bryan Treu, assistant County Attorney stated that this letter was from President Menconi and Treasurer
Roeper indicating the financial statements submitted were true and accurate.
Chairman Stone moved to approve the ratification of the ECAT audit letter of April 9, 2004.
Mike Roeper seconded the motion. The vote was declared unanimous
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The third item on the agenda was the Lease Agreement for parking areas; Second Supplemental Ground
Lease between the County of Eagle, state of Colorado and Eagle County Air Terminal Corporation
Bryan Treu, Assistant County Attorney, stated that this is a lease for the Ready Return Spots, two lots from
Eagle County to ECAT, who then rents them out to Rental Car Companies. These monies are then used to help pay
off the bonds.
Chairman Stone asked if this was an annual lease.
Jack Ingstad stated that this property is in the Rental Car Return area, and there has never been a formal
lease with the airport for use of the property.
Mike Roeper moved to approve the Lease Agreement for parking areas; Second Supplemental Ground
Lease between the County of Eagle, State of Colorado, and Eagle County Air Terminal Corporation.
Jack Ingstad seconded the motion. The vote was declared unanimous.
Next on the agenda was the Second Amendment to the Eagle County Air Terminal Corporation "Signatory
Airline Type-D" Terminal Building Lease with US Airways, Inc.;
Mr. Treu explained that this will be withdrawn from the agenda as the County does not have a signed
agreement, yet.
Mr. Ingstad indicated that US Airways is currently accepting reservations and does intend to fly to the
airport this winter.
Chairman Stone asked if US Airways was the only airline that did not have a 3 year lease with the AIrport.
Mr. fugstad indicaied that this was the case. They don't currently have counter space, but they have an
agreement with American Airlines to use their counter space.
1. Approval and execution of Rental Car and Ground Transportation Agreements as follows:
Car Rental Aereements:
a. The Hertz Corporation
b. Cendant Car Rental Group, Inc.
c. MGM Rental, LLC
d. Enterprise Leasing Company of Denver
Mr. Treu stated that this agreement will bring in an additional $500,000 and a new car rental company,
Enterprise Rent-a-Car has been added.
Mr. Ingstad stated that the County should be very proud, as all the major rental companies are now located
at the airport.
Chairman Stone moved to approve the car rental agreements for the Hertz Corporation, Cendant Car Rental
Group, Inc., MGM Rental, LLC, and Enterprise Leasing Company of Denver.
Jack Ingstad seconded the motion. The vote was declared unanimous.
Ground Transportation Aereements:
a. Hy-Mountain Transportation
b. Colorado Mountain Express
Mr. Treu explained that these agreements will bring in an additional $42,000 to ECAT.
Chairman Stone asked what the status was of negotiations with Vail Valley Taxi.
Ovid Siefers stated that they had submitted a bid for the Hy-Mountain counter space, but they were not the
winning bidder.
Chairman Stone asked if there was unused counter space that could be leased.
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Mr. Siefers stated that there are two small counters that were not included in the Request for Bids in order
to keep the prices high for the current bids.
Mr. Treu stated that the decision was made to leave the small counters available for information booths,
rather than bid it out to other companies.
Chairman Stone asked how he should reply to other ground transportation providers' questions about
unused counter space.
Mr. fugstad stated that in order to have profitable, competitive bids, they would need to have a limited
amount of counter space available for leasing, rather than an unlimited amount.
Chairman Stone agreed that this was a very acceptable decision.
President Menconi stated that he has been approached by the taxi companies, as Chairman Stone had, about
the use of counter space. He stated that he would like to see something is writing to send out to these companies,
explaining the board's decisions.
Mr. Ing~tad suggested that maybe a tabling of this agreement might be best if the board does desire to open
up some counter space. j
Mr. Treu agreed with Mr. fugstad's suggestion, because the previous bids were based upon there only being
two counter spaces available.
Mr. Siefers explained where the current counter spaces were located in the airport. He stated that Vail
Valley Taxi tended to have things pre-arranged with all of its customers, and didn't think that the counter space
would be \ltilized or very productive. He stated that Airlink would also like to possibly use the counter space.
Mr. Treu didn't think it would be possible to re-bid this process in its entirety prior to the winter season.
He also stated that these are three year leases.
Mr. Siefers agreed with Mr. Treu's statements about it not being possible to re..:bid in time for the winter
season.
Chairman Stone stated that he would like to see this agreement get approved but would like to see staff
come up with secondary uses for the unused counter space.
Mr. fugstad re-iterated that it may be in the best interest of the Board to table these agreements until the
next meeting, rather than tie up the counter space for three years, when there may be other options available.
President Menconi asked ifthe three bids were very competitive.
Chris Anderson, the Airport Office Manager, stated that the bids for the 10-foot counters were very
competitive. He stated that Colorado Mountain Express was the only bidder forthe 40 foot counter, and there were
3 bidders for the to-foot counter: Hy-Mountain Taxi, Airlink, and Vail Valley Taxi. Vail Valley Taxi was the
lowest bidder, bidding the bare minimum, and Airlink was the second lowest bidder.
President Menconi asked what the ramifications of the unused counter space were.
Mr. Anderson stated that the counter space could be used by a new airline wishing to fly in to the airport.
The counter could also be used by any new, potential vendors, though there were no proposals or interest expressed
as of this time. He then pointed out to the commissioners where the empty counters were located. He believes that
additional bidding would probably bring in the bare minimum of revenue, approximately $4,000 per month during
December through April.
Chairman Stone asked if it was possible to accept only Colorado Mountain Express's bid and re-bid the
other counter space.
Mr. Treu stated his concerns that Colorado Mountain Express's bid may have been based on there being
more bids than counter spaces available.
President Menconi asked if there was a limited amount of time in which to get this agreement done and
what the potential revenue would be.
Mr. Ingstad asked if the existing agreements ended on a specific date, or if they allowed for an extension.
Mr. Treu stated there is a holdover provision in Airlink's lease to allow for a month-to-month extension.
President Menconi asked what the time line was for keeping the bids open.
Mr. Anderson stated that there was no specific one, but that it should allow for a reasonable amount of
time.
Chairman Stone moved to table the two Ground Transportation Agreements until a time to be determined
in the future.
Mr. Roeper seconded the motion. The vote was declared unanimous.
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The sixth item on the agenda was the Agreement between Eagle County Air Terminal Corporation and
Alpine Vending and Video, fuc. for lease of ATM space at Terminal Building.
Mr. Anderson stated that with this agreement, the county will receive $.25 per transaction, which will net
about $600 per year, which is more than the $5.25 the previous agreement made.
Chairman Stone moved to approve the Agreement between Eagle County Air Terminal Corporation and
Alpine Vending and Video, fuc. for lease of ATM space at the Terminal Building.
Mike Roeper seconded the motion. The vote was declared unanimous.
New Business:
Mr. Siefers stated that curbside check-in will be offered by United this winter. He also stated that
Worldwide would be handling the ground operations.
Mr. Anderson stated that the Customer Service Rep programwill continue as in the past. The name of the
program has been changed to Curbside and Terminal Services Attendant in order to attract the proper applicants.
The representatives will be doing parking lot sweeps to make sure no improper parking is occurring, and they will
be monitoring the ground baggage and check-in operations, both inside and outside of the terminal, to make sure
the rules are being followed properly.
Chairman Stone asked what happens if someone is parked longer than seven days in the Seven Day Lot.
Mr. Siders stated that they try to contact those parties and ask them to remove their vehicles. . He stated
that the curbside attendants will be enforcing this policy more strongly this year.
Chairman Stone asked if it would be possible to charge people and refund them fully if they park according
to the rules and only charge the violators.
Mr. fugstad stated that he would only like to charge for parking as a means of control and not as a means of
generating revenue, as free parking has been an integral part of the Airport's nationwide marketing efforts.
Mr. Siefers believes that the revised procedures should also eliminate the abuses ofthe parking lots.
Mr. fugstad stated that the FAA is arriving on October 27th with the MOU for the radar. He stated that the
bad news was that he believed the FAA was going to ask for the $1.5 million this year, rather than next year.
Chairman Stone relayed that the FAA believed that this was a contingency in order for the County to get
the radar. He fully expected to be writing the check this year.
Mr. fugstad stated that he was confident that the County could come up with the money.
Chairman Stone moved to adjourn as Eagle County Air Terminal Corporation and re-convene as the Board
of County Commissioners.
Mike Roeper seconded the motion. The vote was declared unanimous.
Eagle County Jail Inspection
There being no further business to be brought ~~~e.ttJi~oard the meeting was adjourned until November 9, 2004.
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