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HomeMy WebLinkAboutminutes.council.19911216Regular Meeting Aspen City Council December 16, 1991 TRIBUTE TO WELTON ANDERSON 1 CITIZEN PARTICIPATION 1 COUNCILMEMBER COMMENTS 1 CONSENT CALENDAR 3 LIQUOR LICENSE RENEWALS 3 ORDINANCE #44, SERIES OF 1991 - Fee Increase 3 ORDINANCE #45, SERIES OF 1991 - Appropriations 4 ORDINANCE #48, SERIES OF 1991 - Electric Bonds 4 HOUSING AUTHORITY 1992 BUDGET 4 RESOLUTION #53, SERIES OF 1991 - Extending 1990 housing Guidelines 5 RESOLUTION #55, SERIES OF 1991 - Skier's Shuttle Funding Agreement 6 EMPLOYEE HOUSING MITIGATION - 120 E. Main (old Library) 7 APPEAL OF 120 EAST MAIN PARKING INTERPRETATION 7 ORDINANCE # 52, SERIES OF 1991 - West Hopkins Affordable Housing 11 ORDINANCE #53, SERIES OF 1991 - Cascades Condominiumization/ Vested Rights 12 UPPER UTE IMPROVEMENT DISTRICT 12 ORDINANCE #54, SERIES OF 1991 - Lower Ute Improvement Dis- trict 13 14 Regular Meeting Aspen City Council December 16, 1991 Mayor Bennett called the meeting to order at 5:10 p.m. with Councilmembers Peters, Pendleton, Reno and Richards present. TRIBUTE TO WELTON ANDERSON Mayor Bennett read a letter written by Amy Margerum, city manager, which was read at the memorial service for Welton Anderson, honoring the 19 years of service to this community. His efforts will be noticed and remembered for generations. CITIZEN PARTICIPATION 1. Mike Christopher told Council he is trying to build a house in the superfund site. Christopher said the EPA said he cannot take dirt off his lot unless there is a designated repository; Pitkin County entered into an agreement with the EPA that rescinded the agreement regarding repositories; the city will not issue a building permit without the sign off of the EPA. Councilman Peters said in order to get a sign off from the EPA, one has to not move dirt off the site. There is a way to build if one can contain the materials on site. Tom Dunlop, environmental health department director, told Council he has worked with Christopher over the past two years and does not know what advice to give. Christopher said he does not have the size lot to store dirt on the property. Mayor Bennett said this is a valid question and Council does not have an answer. Council is doing everything they can, planning a trip to Washington D.C., continuing to press Congress to get this issue to some resolution. Christopher urged Council if they end up in negotiations with the EPA to represent people who want to build and not to exclude future construction in the superfund site. Mayor Bennett said the city will do everything they can to make life livable in the superfund site. Jed Caswall, city attorney, reminded Council the city has worked with EPA to get two building permits issued. The problem with this site is that contaminated soiled has to be moved off. There is no repository. Mayor Bennett said the city is not letting this issue lie. 2. Bill Greenwood said last February he came to Council and asked if they would strengthen the vehicle idling ordinance. Council agreed to change it. It has been 10 months and nothing has happened. Mayor Bennett said the vehicle idling ordinance was scheduled for this agenda and has been rescheduled for the first meeting in January. COUNCILMEMBER COMMENTS 1. Councilwoman Pendleton announced the Galena street shuttle started today at 7:30 a.m. It runs until 4:30 p.m. and is free. 1 Regular Meeting Aspen City Council December 16, 1991 2. Councilwoman Richards brought up the 500 block of Cooper Avenue loading zone which is located in the middle of the block, and asked about painting it yellow or some other indication this is a loading zone so visitors will know what it is. 3. Councilwoman Richards asked for an update on CCLC's work on delivery trucks and one-way alleys. 4. Councilwoman Richards asked when the city is going to no overnight parking on Main street. Bob Gish, public works director, said the No Parking on Cooper Avenue is 85 feet long. Staff is contemplating replacing two parking spaces. Staff is taking this to CCLC to make sure it f its with their delivery and parking in the downtown scheme. 5. Councilwoman Richards said the stoplight at Maroon Creek is causing traffic to back up on the highway. Councilwoman Richards asked if staff has investigated hand controlling traffic. John Goodwin, police chief, told Council his department has tried a number of different configurations. Controlling one light without the Cemetery Lane light does not work. Goodwin said controlling the light has an almost immeasurable difference from just letting the traffic go. 6. Councilman Peters said NWCCOG represents six counties in this area and most municipalities within those counties. The city pays dues. The formula is based on assessed valuation and population to make the dues reflect COG's activities within that municipality. Councilman Peters said Pitkin County and Aspen do not pay dues according to the formula. Aspen pays more than it's share of dues and pays a portion of Pitkin County's dues. Councilman Peters said COG's services are mostly human service related, including senior services, seniors meals and transportation. These are basic county human services. Councilman Peters noted this budget year the city decided to also join the water quality, which is an additional dues of $4,000 annually. Councilman Peters said the inequity in the dues structures does not make sense. He has spoken to both COG's staff and the city staff about Aspen's dues. Councilman Peters said he would like to direct staff to notify COG and Pitkin county that Aspen will pay it's share next year. Council agreed. 7. Councilman Peters announced that ART-C is having a benefit for the Red Brick School tomorrow at the Hotel Jerome. 8. Mayor Bennett brought up the Monday lunches. Councilman Reno said he would like to go back to the original intent of not having an agenda and keeping them informal. Council agreed. 9. Cindy Wilson, assistant city manager, told Council the city received a letter from the state highway department regarding the 2 Regular Meeting Aspen City Council December 16, 1991 load restrictions on the Maroon Creek bridge. There is a meeting tentatively scheduled January 8th. Mayor Bennett said having the full Council present to talk to Mosten seems to be an overkill. Mayor Bennett suggested designating one or two persons. Council- members Peters and Pendleton agreed to go to this meeting. Council requested this meeting be published in the papers. 11. Mayor Bennett moved to add as part of IX (b) employee housing for the library; seconded by Councilman Peters. All in favor, motion carried. CONSENT CALENDAR Councilman Peters moved to remove VI(f) Resolution #53, 1991 - Extending 1990 Housing Guidelines to IX(a); seconded by Councilman Reno. All in favor, motion carried. Councilman Peters moved to approve the consent calendar; seconded by Councilman Reno. The consent calendar is: A. Minutes - November 25, 1991 B. Ticketwriter Contract C. Transportation Planning Regions Letter D. Bob Johnson Memorial E. Sweeper Contract - parking garage F. Resolution #54, 1991 - Historical Rehabilitation Tax Credits All in favor, motion carried. LIQUOR LICENSE RENEWALS Councilman Peters moved to approve the liquor license renewals for Aspen Mountain Spirits and New York Pizza; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #44, SERIES OF 1991 - Fee Increase John Worcester, city attorney's office, pointed out the increased business occupation tax has been included in this second reading. The special event permit processing fee has been eliminated and will be incorporated in an ordinance governing special events. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to adopt Ordinance #44, Series of 1991, as amended; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Richards yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. 3 Regular Meeting Aspen City Council December 16, 1991 ORDINANCE #45, SERIES OF 1991 - Appropriations Dallas Everhart, finance director, told Council this has been amended since first reading. Everhart pointed out the original ordinance requested $25,000 for parks excess wages. George Robinson went through the budget line by line and was able to reduce this. The golf course original request was $21,000 for wages; they have been able to reduce this to $4500. Because golf is an enterprise fund this has been adjusted to $7500 as a cushion. In the Wheeler fund, the additional $5, 000 in revenue and $5, 000 in expenses reflects an increase in activities and production. Pitkin County has agreed to fund the Nordic council of 1/3 the Pisten Bulley in 1992 and 1993. Mayor Bennett opened the public hearing. Si Coleman asked if the reductions will show up in services. George Robinson said some programs have reduced funding, like the wildflower program. Mayor Bennett closed the public hearing. Councilwoman Pendleton moved to adopt Ordinance #45, Series of 1991, as amended; seconded by Councilwoman Richards. Roll call vote; Councilmembers Peters, yes; Reno, yes; Richards, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #48, SERIES OF 1991 - Electric Bonds Steve Jeffers, Kirchner Moore, told Council the marketing of the bonds went very well. The present value savings will be $228,000. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #48, Series of 1991, refinancing of electric bonds; seconded by Councilman Peters. Roll call vote; Councilmembers Richards, yes; Reno, yes; Pendleton, yes; Peters, yes; Mayor Bennett, yes. Motion carried. HOUSING AUTHORITY 1992 BUDGET Carr Kunze, housing authority director, requested approval of the 1992 budget and the supplemental 1991 budget. The 1992 budget requires a public hearing. Council has seen the 1992 budget; this is ratification of the budget. The budget is $2,150,188 of total revenues including the $30,000 additional marketing income from Williams Woods. 4 Regular Meeting Aspen City Council December 16, 1991 Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Peters moved to approve Housing Authority resolutions 91-11, 91-12 and 91-13; seconded by Councilman Reno. All in favor, motion carried. RESOLUTION #53, SERIES OF 1991 - Extending 1990 housing Guidelines Carr Kunze, housing authority director, told Council the official guidelines for 1991 were ratified by both the housing authority and the BOCC. The rents for 1991 were discussed and reviewed by the Authority in the context of the guidelines themselves which were being prepared for 1991. The extension action that was previously taken is a 0 increase. The housing office is requesting Council take formal action to ratify this. Staff is working on the 1992 guidelines. Kunze said the authority considered the trend of rent increases since 1982. Through the guidelines, the rate of increases granted had exceeded the growth in the cpi for existing units in the housing stock. Because of this the 1991 rents were held at 0 percent. Kim Miller, property manager at Centennial, presented a letter from Sam Brown. Ms. Miller said Centennial has relied on rent increas- es, which for the last few years has been the cpi . Ms . Miller said outside costs are going up, yet rents will not be allowed to go up. Dave Tolen, housing office, told Council since 1984 when Centennial was first approved, they have received 62 percent increase in their initial rent. The general cpi for the Denver area has increased 22 percent and for housing 33.9 percent. Tolen said the housing office felt the rent increases for Centennial have been more than sufficient to cover increased costs of operations. Tolen told Council Centennial was allowed 6 percent in 1986 and 10 percent for each year thereafter until last year. Councilman Peters moved to approve Resolution #53, Series of 1991, extending the 1990 housing guidelines establishing 1991 rent increases; seconded by Councilwoman Richards. Mayor Bennett said he would like more information on this issue. Councilwoman Pendleton agreed. Councilman Reno suggested tabling this. Councilman Peters said the 1992 guidelines will establish a rent increase, which Centennial will be able to take advantage of. Kunze said the housing authority's recommendation of a 0 percent rent increase transpired independent of any dealings with Centenni- al. Kunze told Council if no guidelines are adopted in 1991, Centennial can raise the rents the full cpi . This is the way their contract is set up. 5 Regular Meeting Aspen City Council December 16, 1991 Councilwoman Richards asked what was the discussion of the housing authority board that lead to a 0 percent rent increase for 1991. Kunze told Council the housing board asked them to look at what the historical trends had been in rents in relationship to the cpi and also analyze that the prior rent approvals in the context of the amounts attributable to actual operating costs as opposed to the amount attributable to debts. The cpi looks at both newly constructed properties and is also factored for ownership property; it does not represent the full trend in operating costs. The cpi increases previously the basis of the earlier guideline increases substantially exceeded where the growth and operating costs would have gone. Councilwoman Richards said this increase is applicable to other units besides Centennial. The question is whether there should be an automatic increase in rents every year. Councilwoman Richards said she is willing to go with the recommendation of the housing authority board. Councilman Reno said he objects to getting the 1991 guidelines in December and would prefer to table this and add it to the special meeting before the end of the year. Kunze said the guidelines are being totally revamped; the staff has restructured the format of the guidelines. Councilwoman Pendleton moved to table Resolution #53, Series of 1991, to December 26th; seconded by Councilman Reno. All in favor, motion carried. RESOLUTION #55, SERIES OF 1991 - Skier's Shuttle Funding Agreement Paul Taddune, representing RFTA, told Council this agreement supplementally appropriates and funds the contribution by the local participating governments to the skier's shuttle. Councilman Peters said Council has agreed to every year go through the budget process and to appropriate money for the skier's shuttle. Councilman Peters said Council cannot bind future Councils and asked Taddune if that is what this agreement does. Taddune pointed out there is a provision in the long term contract that if the city does not fund the operation, the agreement may be adjusted. Taddune said the agreement tries to imply to future Councils that Snowmass, Aspen and Pitkin County worked very hard on a 10 year plan that will benefit the community. Mayor Bennett said he does not feel the city is incurring a great risk in supporting this agreement. Councilwoman Pendleton moved to adopt Resolution #55, Series of 1991; seconded by Councilman Reno. Councilman Peters said by supporting this contract, he does not anticipate he is impeding future Councils from carrying out their legislative authority to budget and appropriate. All in favor, motion carried. 6 Regular Meeting Aspen City Council December 16, 1991 EMPLOYEE HOUSING MITIGATION - 120 E. Main (old Library) Amy Margerum, city manager, told Council when the old library building was rezoned from public to office, the county and library asked the then-city Council if they would allow them to use the Williams Woods project for the mitigation of the new use in the old library building. Council agreed in concept but did not waive any specific housing requirement for the building nor did they agree on the level of mitigation required. After that meeting Jed Caswall, city attorney, sent a letter to the county attorney which stated when the developer comes forward, the mitigation requirements will be reviewed under the applicable code provisions. The developer will have to mitigate for 23 employees. Councilman Peters said it was only appropriate for him to decide that housing is provided. Councilman Peters said at the time of discussion, it was understood that the housing would be mitigated and that the county may provide the housing for the project. Ms. Margerum said when staff looked at the housing overall, they did not want to double count housing provided by the city or county and housing provided by developers for new development. Councilman Reno moved to endorse the county using Williams Woods housing to satisfy the housing mitigation requirements for 120 East Main as calculated by the planning office; seconded by Councilman Peters. Sunny Vann, representing the applicant, said the numbers are based on preliminary estimates and square footages. There will be a building permit application, at which time the numbers will be firmed up. Vann requested they commit to employees on the final numbers. Councilwoman Richards asked if Council requests which category proposed affordable housing units are designed to. Ms. Margerum said the housing requirements are different based on different zone districts. All cases are referred to the housing authority for a recommendation. All in favor, with the exception of Councilwoman Richards. Motion carried. APPEAL OF 120 EAST MAIN PARKING INTERPRETATION Jed Caswall, city attorney, pointed out the land use code provides an administrative appeals mechanism where someone may seek an interpretation of any provision of the land use code from the planning director. If the person is dissatisfied with the interpretation of the planning director, an appeal is provided to City Council. In this case, the applicant requested an expedited process that if the planning director came up with a different interpretation than they asserted, it be immediately scheduled in 7 Regular Meeting Aspen City Council December 16, 1991 front of Council. Caswall recommended Council conduct a quasi- judicial hearing. The opinion of the planning director is in front of Council. Diane Moore, planning director, said one issue is whether parking mitigation is required for the existing building. Staff responded when the old library building was rezoned to O, office, the parking requirements were changed. The old library, zoned public, did not provide off-street parking. The rezoning changed the parking requirement. Ms. Moore told Council in the rezoning ordinance it states, "prior to issuance of a building permit or certificate of occupancy, the purchaser shall be required to provide parking in accordance with the code provision". Ms. Moore said typically a developer addresses the parking spaces demanded by a change in use at the time of approval of change in use. The applicant wanted that requirement addressed when the building was sold. The second issue focuses on the acceptable number and location of parking spaces for the office use. The office space requires 3 parking spaces per 1,000 square feet net leasable, for the old library building this would be 23 parking spaces. The applicants can provide 1 parking space on site . Ms . Moore pointed out special review by P & Z which allows the office zone to propose payment-in- lieu or parking on-site and can be reduced to 1.5 spaces per 1,000 square feet. The parking-in-lieu fee is $15,000 per parking space. The applicant proposes that the 19 parking spaces on the west side of Paepcke park be used to satisfy the required parking. Ms. Moore said she has not found sufficient evidence that this parking was meant for the library. Ms. Moore said parking mitigation is required for this building; there could be a reduction to 11 spaces on site and payment-in-lieu for 11 parking spaces . Ms . Moore pointed out the existing lot size does not provide sufficient room for 11 spaces on site. The code does not allow waiver of the parking requirements. Sunny Vann, representing the applicant, said he represented the county in processing the rezoning application. The intent was to sell the property, rezoning it to the same zone district as the surrounding properties and use the proceeds for the new library. The application was to rezone the property to O, office and to request an exemption from growth management to change its use from public to office. There is no provision that talks about conver- sion of public spaces to commercial. The then-planning director recommended this be processed as a change in use and use the criteria going from residential to commercial. The application identified impacts on housing and parking. The purpose of the application was to allow the marketing of the project and there was no ultimate use, it was not decided how much mitigation was required. Vann said the condition that parking and housing might 8 Regular Meeting Aspen City Council December 16, 1991 have to be mitigated was the result of the P & Z change in use review. The rezoning ordinance carried over this condition attached to the change in use. Vann said during review, it became apparent the housing mitigation would have to be reviewed by Council. Vann said when he reviewed the specific application, it appeared no increase in parking would be necessary until expansion actually occurred. Vann said he was advised by staff that the rezoning of the property triggered compliance with the office zone district requirement of 3 spaces per 1,000 square feet. Vann pointed out there was no parking requirement when the library was built. Public zone now requires special review of parking. Vann said a basic tenet of the code is that so long as non-conformities are not increased, they are allowed to continue. Vann asserted the expansion of the library would trigger an additional requirement for parking. Vann said the library on Main street was built in the late 60's and there is a claim the parking on the west side of Paepcke park is for the library. The request is if Council agrees that the rezoning triggers a full mitigation of the parking requirement, the existing spaces at Paepcke park be considered a credit against the total number of parking spaces required. There are 19 spaces at Paepcke park and 1 on-site. Vann said the applicant can rezone and maintain a non-conformity and the mitigation of that non-conformity is triggered at the time expansion occurs . The code states that no increase in the non-conformity can occur without mitigation. Chuck Vidal, representing the library board, reminded Council along with savings the ability to get a new site at no cost and the ability to sell the old library, would enable the community to get a new library. Vidal told Council there was an appraisal done on the old library; however, since then the market has changed, asbestos has been found in the building and the price keeps going down. Vidal said in resolving this problem, the costs will come out of the library's pocket. Ms. Moore said one issue is how to adequately meet the parking needs of this building. Jed Caswall, city attorney, reminded Council they are being asked to make a code interpretation, which will be carried into the future whenever a situation likes this comes up. Ms. Moore said a decision was made by the planning director that a change from a public use to office use, the change in use provisions should apply. Vann said he is concerned that a rezoning requires a person to bring a property up to current standards. Rezoning merely reflect change in use occurring on the property, or change in circumstances that warrant a different zone district. Vann said in the case of the library, the costs to mitigate housing and parking and to remove asbestos exceeds the value of the property. Vann said the 9 Regular Meeting Aspen City Council December 16. 1991 appropriate vehicle to address impacts is through the change in use exemption. Vann said it could be argued that the impacts of use of this building as a radio station are less than those of a library. There is room for Council to interpret that the rezoning of this property does not require a 23 space parking requirement. Councilwoman Pendleton said it is not a surprise the city would require parking mitigation; this has been an item of discussion during the entire process. Vidal said during the process, there was no purchaser for the building. In this instance, the use is less intensive and there would not be additional parking required. Councilwoman Pendleton said she will uphold the planning director's interpretation of the code and also to look into alternatives. Councilwoman Richards said she wants to consider the planning director's code interpretation separately from some other solutions to the library's parking. Councilman Reno agreed but noted the code is not clear when a change in use is from public to commer- cial. Councilwoman Richards said she does not feel the silence of the code should inure to the benefit of the applicant. Councilman Peters said he thought this should have remained a publicly zoned building . The office use did f it with other uses on Main street. Councilman Peters said he also accepted the housing solution. This is a matter of public policy and Councilman Peters said he has to accept the planning director's interpretation. Councilman Peters said he would support a code amendment for change in use dealing with public buildings to have some flexibility. Mayor Bennett said he is concerned about the precedent this would set for other projects in the city. Mayor Bennett said the interpretation of the planning director does not seem to be either arbitrary or capricious. Mayor Bennett said the language in Ordinance #15, Series of 1990 states the purchasers shall ultimate- ly be required to provide parking in accordance with the code. Mayor Bennett said he would like to look at ways to help the library. Councilwoman Richards moved to approve and uphold the planning department's interpretation of the code; seconded by Councilwoman Pendleton. Councilman Reno said he does not support this because the interpre- tation of what is required of this kind of change in use. Councilman Reno said there should be mitigation but the code is not specific. All in favor, with the exception of Councilman Reno. Motion carried. 10 Regular Meeting Aspen Citv Council _December 16, 1991 Ms. Moore said there are several alternatives for the city to explore, like the special review of the land use code, a code amendment to allow P & Z to permit more variations in parking taking into consideration the practicality of the site. Staff could also look at the particular zone district. Caswall told Council they should read the code consistent with the ordinance and vice versa. To the extent there is an irreconcilable difference the land use code would prevail. The ordinance was not adopted to amend provisions in the land use code. Mayor Bennett said he would like to look at finding a way to mitigate the requirements of the library. Mayor Bennett said he feels 22 spaces is excessive. Councilwoman Richards said she would like to make sure than any grant or subsidy Council may do inures to the benefit of the library and not to the commercial developer of this building. Councilman Reno said this is preventing local businesses from investing back in the community. Councilman Peters said he is willing to accept the interpretation of the planning director, which means that parking has to be mitigated. Councilman Peters suggested the city consider accepting land from the county in trade for this mitigation. Councilman Peters said the Council could sponsor a code amendment so the city does not have to provide an unreasonable burden on the property owner to put parking spaces where there is no room. Councilman Peters said if the city finds cash-in-lieu acceptable, they consider a financing mechanism. Mayor Bennett suggested staff research the parking spaces on the west side of Paepcke park to see if there are any restrictions on them. Mayor Bennett said the Council cannot ignore what they are doing to a public institution. ORDINANCE ~ 52, SERIES OF 1991 - West Hopkins Affordable Housing Councilman Peters moved to read Ordinance #52, Series of 1991; seconded by Councilwoman Pendleton. All in favor, motion carried. ORDINANCE #52 (Series of 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI- SION, PUD DESIGNATION, DIMENSIONAL VARIATIONS, GMQS EXEMPTION FOR AFFORDABLE HOUSING, CONDOMINIUMIZATION FOR ALL UNITS AND VESTED RIGHTS FOR LOTS K,L,M AND N BLOCK 19, CITY AND TOWNSITE OF ASPEN was read by the city clerk Leslie Lamont, planning office, said this project is for 11 units of affordable housing. This site was rezoned to affordable housing. P & Z reviewed this and recommended PUD designation and has reviewed the requested setback variances and approved special 11 Reqular Meeting Aspen City Council December 16, 1991 review for the parking requirements and open space standards. Ms. Lamont said the two issues are the setback variances and the sidewalk improvements. Councilwoman Richards said she would like to see sidewalks as part of the development when it is constructed. Councilwoman Pendleton moved to adopt Ordinance #52, Series of 1991, on first reading; seconded by Councilman Peters. Roll call vote; Councilmembers Peters, yes; Pendleton, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #53, SERIES OF 1991 - Cascades Condominiumization/Vested Rights Councilman Peters moved to read Ordinance ##53, Series of 1991; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #53 (Series of 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVI- SION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE CASCADES DUPLEX AND VESTED DEVELOPMENT RIGHTS was read by the city clerk Leslie Lamont, planning office, told Council the engineering department was unable to supply referral comments because this application was put on a fast track,. Their comments can be incorporated by second reading. Tim McFlynn, representing the applicant, agreed this can be worked out by second reading. Councilman Peters moved to adopt Ordinance #53, Series of 1991, on first reading incorporating the engineering comments by second reading; seconded by Councilwoman Pendleton. Roll call vote; Councilmembers Reno, yes; Pendleton, yes; Peters, yes; Richards, yes; Mayor Bennett, yes. Motion carried. Chuck Vidal said he needs a direction from Council on the worst case for the library parking mitigation. Amy Margerum, city manager, reminded Council the code will prevail and does not allow flexibility about parking. A code amendment would be needed for this. Councilwoman Pendleton said the worst case is 11 spaces on site and 11 spaces cash-in-lieu. UPPER UTE IMPROVEMENT DISTRICT John Worcester, assistant city attorney, told Council the Upper Ute district was not able to formulate an ordinance by this meeting. They are still interested in going forward and will be back to Council when they are ready. 12 Regular Meeting Aspen City Council December 16, 1991 ORDINANCE #54, SERIES OF 1991 - Lower Ute Improvement District Councilman Peters moved to read Ordinance #54, Series of 1991; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #54 (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CREATING THE LOWER UTE AVENUE IMPROVEMENT DISTRICT NO. 1992-1, IN THE CITY OF ASPEN, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION THEREIN OF CERTAIN LOCAL PUBLIC IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF SPACIAL ASSESSMENT BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT was read by the city clerk Councilman Peters moved to adopt Ordinance ##54, Series of 1991, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richard, yes; Peters, yes; Reno, yes; Pendleton, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 8:50 p.m.; seconded by Councilwoman Pendleton. All in favor, motion carried. .~~v Kathryn S och, City Clerk 13