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HomeMy WebLinkAbout1974-09-03 Town Council MinutesMINUTES REGULAR MEETING TOWN COUNCIL OF THE TOWN OF VAIL SEPTEMBER 3, 1974 The regular meeting of the Town Council of the Town of Vail convened at 7:30 P.M. on Tuesday, September 3, 1974, in the Council Chambers of the Vail Municipal Building. Mayor John Dobson and the following councilmembers were present: Kathleen Klug Thomas Steinberg John Donovan Joseph Langmaid ORDINANCE NO. 13, Series of 1974, AN ORDINANCE ANNEXING • A PORTION OF THE B&GHORN AREA TO THE TOWN OF VAIL, was introduced on second reading. Councilman Steinberg moved to approve the ordinance; Councilman Donovan seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to the consideration of Voucher Lists for July 31, 1974, Councilman Donovan moved to approve the lists as presented by the Town of Vail Finance Department; Councilman Steinberg seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to a request for a Conditional Use Permit from Vail Associates, Inc. for a lift cover for Lift #12 Jim Viele was present to explain that the request was made so that the chairlift in the Golden Peak area could be insulated. The request has been approved by the Planning Commission. The lift is in a greenbelt area and a conditional use permit is required for such a change. Councilman Donovan moved to approve the request; Councilwoman Klug seconded the motion; the vote was unani- mous in favor; and the motion.carried. With regard to a request for a parking variance from Robert T. Lazier for an office building in Lionshead, the zoning administrator stated that the request has been studied by the Planning Commission and in a joint session of the Town Council and Planning Commission. She explained that the criteria to be followed in the granting of a variance includes that the request must be reviewed by the Town Council and considered before the Council votes. Mr. Jay K. Peterson, the attorney for Mr. Lazier, requested that a portion of the covered parking not be contiguous to the building but adjacent to it along the parking area to the north. He stated that the request would fall into the category of "excep- tional circumstances". He remarked that the Planning Commission has approved it and recommended granting of the variance as outlined; that the best interests of the Town of Vail would be served; and that it would aesthetically be a good change. Councilman Steinberg recommended the occupancy permit be dependent on the stairs, berming and grading of the project and that an escrow account of $5,000.00 be held for landscaping of the project and preliminary work on the mail area should be completed prior to the time of an occupancy permit. Any work completed would be subject to the official approval by the Design Review Board. Councilman Steinberg further recommended Minutes September 3, 1974 Page 2. that the landscaping plan be formalized. The variance should include the remarks, "Town Council recommends further study of use of garage doors". Councilman Donovan moved to grant the variance for the Lazier Building subject to the posting of an escrow account in the amount. of $5,000.00 to cover the cost of landscaping of the entire project and that the C.O. be tied to completion of the more permanent features of the landscaping, e.g, concrete, heated steps and concrete mall areas and berming of mall area, that the work should be subject to Design Review approval, and that a detailed landscaping plan must be submitted. Monies for the work can be drawn on two signatures - Robert T. Lazier and Stanley Bernstein; Councilwoman Klug seconded the motion; the vote was unanimous in favor; and the motion carried. ORDINANCE NO. 14, Series of 1974, AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE,was introduced on second reading. Much discussion followed concerning the details of the rate structure, whether cable would be laid as far as Bighorn by this ski season, the strength of the document, the possibility of an answering service for complaints and enquiries during the business day, and protection of the subscriber in regard to the franchise. The Mayor stated that items not included in the franchise document could be handled in detail in the agreement which will be drawn up between the Town of Vail and CTI. The cable company refuses to have the Collateral Agreement a part of the franchise. Councilman Donovan felt that there should be some protection for the condo -hotel owners with future negotiations to be made. Councilman Donovan then moved that the ordinance granting a cable television franchise be approved with the following changes: (1) in Section 9D that 50% rather than 20% of the homes should be serviced and (2) that the condo -hotel owners be allowed to have future nego- tiations regarding rates. The town attorney suggested that in the clause following in Section 9D the words, "or a portion thereof" be added. The Mayor then restated that certain issues would be covered in the Collateral Agreement which are not in the ordinance. The town attorney then commented regarding Section 12D that the modification, "provided however that rates established herein and hereafter approved shall remain in effect for not less than 12 months from the effective hereof". Councilman Langmaid seconded the motion; the vote was unanimous in favor; and the motion carried. With regard to the consideration of the minutes for August 6, 1974, Councilman Langmaid questioned the vote regarding the rejection of Ordinance prohibiting people -powered vehicles. Councilwoman Klug stated that she did not abstain from the vote, but had said that she was 'undecided' and could not abstain except from conflict of interest, her vote should then reflect a 'yes' decision. The town attorney stated that he would instruct the town clerk to change the August 6 minutes. As there was no further business, the pating was a�d�journed at approximately 10:30 P.M. ` Mayor Attest: Town �Cler