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HomeMy WebLinkAboutMinutes 04/17/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING APRIL 17, 1995 Present: James Johnson, Jr. Johnnette Phillips Bob Loeffler Sara J. Fisher Chairman commissioner Deputy County Attorney Clerk to the Board Absent: George "Bud" Gates Commissioner This being a scheduled Public Hearing the following items were presented to the Board of County commissioners for their consideration: Grant, COPS FAST A.J. Johnson, Eagle County Sheriff, presented a grant application for COPS FAST, community policing lnfo:rmation. commissioner Phillips moved to approve the grant application for COPS FAST, community policing information. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gates was out of town at a River District Meeting. Assigmnent & AsSUIIption Brad Ghent, Ghent Properties, presented an assignment and assumption of concession and of interest in leased real property and consent thereto of B Ghent Properties. Bob Loeffler, Ass't. County Attorney, explained Mr. Ghent has a lease at the Eagle County Airport to operate a car maintenance facility for rental car service. He stated Mr. Ghent previously proposed a lease with Cooley Mesa Leasing and himself of which he was a shareholder with the major stock holdings being held by Kent Meyers. He related the Board at that time felt there would be a conflict with that lease because of Mr. Ghent's interest in both companies. Mr. Ghent is again proposing a lease with Cooley Mesa Leasing which is now owned 50% by himself and 50% by Kent Meyers. He stated there are lease agreements between the car maintenance facillty and the four car companies using the facility. Mr. Loeffler stated Mr. Ghent is also personnally guaranteein~ payment in the case of a default. Mr. Ghent asked thlS agreement be separated into two sections, the first regarding the promissory note with FBO, Inc. and the second being the assignment. He asked the assignment be looked at as a separate agreement between himself, Kent Meyers and Eagle County. Chairman Johnson asked how long the promissory note was good for. Mr. Ghent stated it is a 15 year agreement and proceeded to read from the note. He stated he believes the County will maintain control should there be default in payment. Chai:rman Johnson questioned the possibility of default and the appointment of a manager should that happen. He stated he understands the promissory note allows Cooley Mesa to assume control of the cotrpany in the event there is a default. Mr. Ghent explained they would have control of the company but not control of the lease. Chairman Johnson questioned what would happen if they did not have control of the lease. Mr. Ghent stated, regarding the assignment, he must obtain some long te:rm financing at this time. He related the leases are not currently in the name of Cooley Mesa but will need to be alon~ with the signage. Bob Loeffler reminded the Board of preVlOUS hearings at which time signa~e was discussed. He stated at that time subleases had been entered into ln the name of Cooley Mesa which was premature as the County had not 1 agreed to the subleasing. Mr. Ghent stated he is looking for approval by the County of the new partnership and the organization of same. Commissioner Phillips questioned separating these two items and the ownership of Cooley Mesa, Inc. Mr. Ghent stated Kent Meyers and he are the only owners of Cooley Mesa, each holding 50% of the stock. Bob Loeffler questioned the additional financing needed. He stated the $70,000 loan from FBO, Inc. was an effort to help Mr. Ghent secure long te:rm financing. Mr. Ghent referred to the loan as a $70,000 investment as it is more in the fo:rm of a capital contribution than a loan. Chairman Johnson related the loan being a capital investment into the partnership. He asked Mr. Ghent about the approval of his lease last year. Bob Loeffler informed the Board the lease was dated June 27, 1994. Chairman Johnson questioned the Limited Liability Company was fo:rmed prior to the issuance of the lease to Mr. Ghent. Mr. Ghent responded it was in existence but it was just a shell and not used for any particular purpose. Mr. Loeffler referred to the estimated figures provided to him by Mr. Ghent. Mr. Ghent indicated there is a inter-company loan now in existence between his company and Cooley Mesa and that loan must be taken care of. Commissioner Phillips asked about the ~rocess. Mr. Loeffler stated the County is consldering a consent to consign to Cooley Mesa. He related the confllct is raised by a contract between Cooley Mesa and the Jet Center. Mr. Loeffler believes this as being a felonious undertaking. Chairman Johnson guestioned if the County was to stipulate the assignment be entered lnto without the promissory note. Mr. Loeffler suggested a condition be added to the assignment which would require the County's approval of transactions to come. Commissioner PhilllpS questioned wording the motion without stipulating the Jet Center as the party of interest. Mr. Ghent questioned the reguirements of the assignment for review and approval of the County for any flnancial transactions. He stated mana~ement changes would probably provide the confidence which the County is looklng for. Chairman Johnson sug~ested the matter be tabled until next week to allow the assignment to be rewrltten properly. commissioner Phillips suggested this matter be tabled until tomorrow. Chairman Johnson expressed concern the Board would not have the opportunity for review. He stated concern with the issue the partners of Cooley Mesa could change without the approval by the Board. He stated the current assi~ent had not been presented to the Board for review. Commissloner Phillips moved to table the consent and assignment for Brad Ghent Properties to April 18, 1995 at 12:00. The motion died for lack of a second. Chairman Johnson moved to table the consent and assignment for Brad Ghent Pro~erties to April 24, 1995. Commlssioner Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Consent Calendar Chairman Johnson stated the next item on the agenda was the consent calendar as follows: 01) Bill paying, subject to review by County Manager. commissioner Phillips moved to approve the consent calendar as presented. Commissioner Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 95-38 John Althoff, Engineering Technician, presented Resolution 95-38, authorizing full release of collateral for Eagle Hills Subdivision. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 commissioner Phillips moved to approve Resolution 95-38, authorizing full release of collateral for Eagle Hills Subdivision. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Bid Acceptance Brad Higgins, Ass't. Director Road & Bridge, presented the bid acceptance for supply and hauling of 38001/2 tons of gravel to upper Cattle Creek Road, County Road #42. Commissioner Phillips moved to approve the bid of acceptance for supply and hauling of gravel to upper Cattle Creek Road. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Bob Loeffler questioned if the motion included the execution of the contract. Commissioner Phillips moved to award the contract to Harry's Heavy Hauler's. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 95-39 Jim Fritze, County Attorney, presented Resolution 95-39, reappointing Mara Kleinschmidt to the Emergeney Telephone Series Authority Board, (E-911). Commissioner Phillips moved to approve Resolution 95-39, reappointing Mara Kleinschmidt to the Emergeney Telephone Series Authority Board, (E911). Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Agreement, Town of Gypsmn Mike Wheelersberg, Chief Building Official, presented an Inter~overnmental Agreement between Eagle County and Town of Gypsum for buildlng inspection services. Chairman Johnson questioned the number of outstanding inspections. Mr. Wheelersbe~ indicated there were about 55 outstanding inspections. commissioner Phlllips moved to approve an Intergovernmental Agreement between Eagle County and the Town of ~sum. Chairman Johnson seconded the motlon. Of the two voting commissioners the vote was declared unanimous. Agreement, Town of Eagle Mike Wheelersburg presented an Intergovernmental Agreement between Eagle County and Town of Eagle for building inspection services. Commissioner Phillips moved to approve an Intergovernmental Agreement between Eagle County and the Town of Eagle. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Contract, KVS Information Systems Dave Holmgren, Data Processing Supervisor, presented a contract between Eagle County and KVS Info:rmation Systems for software subscription in the amount of $5,877.00. Bob Loeffler stated KVS is the contract for the Accounting System. Mr. Holmgren indicated there are still some modifications being made to the system. Discussion followed on the accounting part of the package. Commissioner Phillips moved to table the contract between Eagle County and KVS Information Systems to Tuesday, April 25, 1995 at 4:15 p.m.. 3 Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. commissioner Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Paddy's Earlene Roach, County Liquor Inspector, presented a renewal of a Hotel and Restaurant License with Extended Hours for Eagle-Vail Restaurant Group, LID., dba/Paddy's. She stated all documentation was in order and all fees have been paid. An inspection was made of the premises and all was in order. Ms. Roach stated the Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended approval. Mrs. Phillips moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Eagle-Vail Restaurant Group, Inc., dba/Paddy's. Commissioner Johnson seconded the motion. In discussion, Chai:rman Johnson questioned employees being TIPS trained. John Nichols, applicant, stated there are plans for a remodel for the establishment and related all employees go through the TIPS Training. Chairman Johnson called for the question on the motion. Of the two voting commissioners the vote was declared unanimous. El Jebeverage Earlene Roach presented a transfer of location for Jebel Capital Corporation, dba/El Jebeverage. She stated the applicant is proposing to move into an eI1J?ty space next door to the new city market. She presented a petition of indlvlduals in the area approving of the change. Commissioner Phillips questioned the need to transfer the license. Bob Loeffler indicated a transfer of location is treated as a new application because of the move and stated the boundaries of the neighborhood and needs of the nei~hborhood must be established. Commissioner Phlllips moved to establish the neighborhood as the El Jebel Proper. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Ms. Roach presented a ~etition provided by the a~plicant of signatures of those individuals approvlng of the change in locatlon. Michael Ireland, Attorney representing the applicant, stated the signatures were collected in one day by one employee. Commissioner Phillips moved to accept the petition as proof of need. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Ms. Roach related an inspection was made of the new premises and all was in order. Staff recommended approval. Chairman Johnson asked when the transfer would take place. Ms. Roach indicated the transfer will not be complete until the building is finished and the State approves of the transfer. commissioner Phillips moved to approve the transfer of location for Jebel Ca~ital Corporation, dba/El Jebeverage. Chalrman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. El Jebowl Earlene Roach presented a renewal of a Tavern License with Extended Hours for El Jebowl, Inc., dba/El Jebowl. She requested this matter be tabled as the applicant is working on a new lease. commissioner Phillips moved to table the renewal for El Jebowl, Inc., dba/El Jebowl to the next liquor license hearing date. Chairman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Jet Center. Cafe Earlene Roach presented a renewal of a Tavern License for Jet Center Cafe, Inc., dba/Jet Center Cafe. She stated all documentation is in order and all fees have been paid. An inspection was made of the premises and all was in order. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended approval. Chairman Johnson questioned whether the employees of the establishment were TIPS trained. Tim Kelly, applicant, related all alcohol serving persons are trained. Commissioner Phillips moved to approve the renewal of a Tavern License for Jet Center Cafe, Inc., dba/Jet Center Cafe. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Commissioner Phillips moved to adjourn as the Local Liquor Licensing authority and reconvene as the Board of County Commissioners. Chalrman Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned April 18, 1995. Attest: 5