HomeMy WebLinkAboutagenda.council.regular.20181008
CITY COUNCIL AGENDA
October 08, 2018
5:00 PM
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT scheduled for a public hearing. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #131, Series of 2018 - all wheel drive motor grader
b) Minutes - September 24, 2018
VII. Notice of Call-Up
VIII. First Reading of Ordinances
IX. Public Hearings
a) Ordinance #23, Series of 2016 - Code Amendment - Changes to Title 24 - Traffic
and Motor Vehicles
X. Action Items
a) Resolution #135, 136, 137 and 138 - regarding state and local ballot issues
XI. Adjournment
Next Regular Meeting Not Scheduled
COUNCIL’S ADOPTED GUIDELINES
· Make Decisions Based on 30 Year Vision
· Tone and Tenor Matter
· Remember Where We’re Living and Why We’re Here
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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MEMORANDUM
TO: Mayor and City Council
FROM: Jerry Nye, Superintendent of Streets
THRU: Scott Miller, Public Works Director
DATE: October 8, 2018
RE: Resolution #131Series of 2018 - Replacement of a Motor Grader for
the Street Department
REQUEST OF COUNCIL: Staff recommends approval of the contract with Honnen
Equipment Company in the amount of $287,558.63 for a new John Deere Model 772 motor
grader.
PREVIOUS COUNCIL ACTION: The 2018 Fleet Management plan contains the funds for
the fleet replacement purchase. City Council approved the 2018 Fleet management plan in the
2018 budget.
BACKGROUND: Staff used a cooperative purchase agreement through the National Joint
Powers Alliance (NJPA) now Source Well, to contract with Honnen Equipment Company for a
new motor grader. The new machine will be on a standard seven-year replacement schedule.
DISCUSSION: The Streets department currently has a 2011 Caterpillar motor grader that is
scheduled for replacement this year. After evaluation of the machine’s performance staff decided
to keep this machine and replace a Volvo motor grader which has been not performing well.
Streets purchased the Volvo Motor Graders in 2014 and 2015, then Volvo announced that they
were discontinuing their line of motor graders in 2016. Their performance over the years has not
been satisfactory. They break down and parts fail frequently. The City has the option to sell
them back to Power Equipment for $135,000 each as part of the original purchase agreement.
Staff would like to pursue the buy-back option on one of the Volvo graders, keep the much more
reliable Caterpillar motor grader, and purchase a new John Deere. Streets currently has a six-
year-old John Deere motor grader whose performance and reliability are satisfactory.
FINANCIAL/BUDGET IMPACTS: Instead of trade in, the City will sell an old motor grader
and record $135,000 in revenue from the sale. The finance department will add $127,558.63 in
budget authority in the fall supplemental ordinance to fund the full purchase price of the John
Deere. The net savings to the Asset Management Plan fund is $7,441.37.
The price for the John Deere 772 Motor Grader is $287,558.63 including a 12-foot snow wing
and five-year additional warranty. The budget amount for the new grader is $300,000 less
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Page 2 of 2
$140,000 for trade-in of the Caterpillar, for a net budgeted amount of $160,000. Instead of
trading in the Caterpillar, staff will sell one of the Volvo motor graders for $135,000 which
brings the total budget back up to $295,000.
ENVIRONMENTAL IMPACTS: The motor grader has a new Tier 4 emission, diesel engine
that exceeds 2017 federal regulations. It will have a diesel particulate filter along with the DEF
injection system (diesel exhaust fluid) that filters out nearly all diesel particulates. The computer-
controlled engine allows it to run at in optimum performance ranges for better fuel economy.
Sustainability initiative? Yes
Outcome area affected: Air Quality
Key metrics affected: Reduction in particulate matter and ozone pollution from vehicle
emissions.
RECOMMENDED ACTION: Staff recommends the approval of the contract with Honnen
Equipment Company to purchase a John Deere model 772G motor grader for $287,558.63.
PROPOSED MOTION:
“I move to approve Resolution # 131 of 2018 on the consent calendar of October,8, 2018
CITY MANAGER COMMENTS:
ATTACHMENTS:
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RESOLUTION #131
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND HONNEN EQUIPMENT COMPANY AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for One
(1) John Deere 772 Motor Grader, between the City of Aspen and Honnen
Equipment Company, a true and accurate copy of which is attached hereto as
Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for One (1) John Deere 772 Motor Grader, between the City of Aspen and Honnen
Equipment Company, a copy of which is annexed hereto and incorporated herein
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 8th day of October 2018.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, October 8th, 2018.
Linda Manning, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 2018-50833-1.
AGREEMENT made as of 8th day of October, in the year 2018.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Fleet Manager
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Vendor:
Honnen Equipment Co.
c/o Dusty Carson
2358 I-70 Frontage Road
Grand Junction Co,81505
Phone: 970-243-7090
Summary Description of Items to be Purchased:
One John Deere all-wheel drive motor grader with 12-foot snow wing
Exhibits appended and made a part of this Agreement:
If this Agreement requires the City to pay
an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: ___________________________
Resolution No.:___________________
Exhibit A: List of supplies, equipment, or materials to be purchased.
Total: $287,558.63
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The City and Vendor agree as set forth below.
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 1080 Power Plant Road Aspen Co, 81611) [Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a part of
this Agreement as if fully set out at length herein.
4. Warranties. 1 year warranty plus extended 5 year warranty.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney’s fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
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presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
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and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
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paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein written in three (3) copies, all of which, to all
intents and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN: Attest:
By: __ _________________________ ______________________________
Aspen City Manager Linda Manning, City Clerk
_______________________________
Date
SUPPLIER:
HONNEN EQUIPMENT COMPANY
By:________________________________
___________________________________
Title
___________________________________
Date 09/23/2018
Territory Manager
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Date:09 April 2018 Offer Expires:31 May 2018
Confidential
17136954Quote Id:
Prepared For:
CITY OF ASPEN
Prepared By:DUSTY CARSON
Honnen Equipment Co.
2358 I-70 Frontage Road
Grand Jct.,CO 81505
Tel: 970-243-7090
Mobile Phone: 970-270-2070
Fax: 970-243-7092
Email:dustycarson@honnen.com
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Salesperson : X ______________Accepted By : X ______________
Confidential
Quote Summary
Prepared For:
CITY OF ASPEN
1080 Power Plant Road
Aspen, CO 81611
Business: 970-920-5132
Prepared By:
DUSTY CARSON
Honnen Equipment Co.
2358 I-70 Frontage Road
Grand Jct., CO 81505
Phone: 970-243-7090
Mobile: 970-270-2070
dustycarson@honnen.com
NJPA CONTRACT #032515-JDC Quote Id:17136954
09 April 2018
13 September 2018
Created On:
Last Modified On:
Expiration Date:31 May 2018
Equipment Summary Selling Price Qty Extended
JOHN DEERE 772G MOTOR
GRADER with 6WD
$ 282,134.63 X 1 =$ 282,134.63
John Deere Extended Warranty-60M
2,000HR COMPREHENSIVE
EXTENDED
$ 5,424.00 X 1 =$ 5,424.00
Sub Total $ 287,558.63
RYLAND 12' Snow Wing $ 0.00 X 1 =$ 0.00
Equipment Total $ 287,558.63
Quote Summary
Equipment Total $ 287,558.63
SubTotal $ 287,558.63
Total $ 287,558.63
Balance Due $ 287,558.63
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Selling Equipment
Quote Id: 17136954 Customer:CITY OF ASPEN
Confidential
JOHN DEERE 772G MOTOR GRADER with 6WD
Hours:
Stock Number:
Code Description Qty
8470T 772G MOTOR GRADER with 6WD 1
Standard Options - Per Unit
170C JDLink Ultimate Cellular - 5 Years 1
1010 Standard Antler Rack Hydraulic
Controls
1
1140 John Deere PowerTech PSS 9.0L
meets EPA FT4 Emissions
1
1240 Dual 100 Amp Alternators (200 Amp
total)
1
1320 No Quick Service Group 1
1410 Standard Fuel & Water Filtration 1
1610 Hydraulic Pump Disconnect 1
1830 Engine Exhaust with Flat Black Stack
(EPA FT4 only)
1
1910 Blade Impact Absorption System 1
2080 14 Ft. x 27 In. x 1 In. (4.27M x 686mm
x 25mm) w/ 8 In. x 3/4 In. (203 x
19mm) Cutting Edge & 3/4 in. (19mm)
Hardware
1
2575 No Grade Control Base Kit Installed 1
2605 English Labels and Decals 1
2775 No Topcon 3D GPS Grade Control
System installed
1
2820 Single Input Gearbox with Slip Clutch 1
4426 Michelin SnoPlus 1
5020 Low Cab w/ Fixed Lower Front and
Side Windows
1
5520 Manual Shift Transmission (no
Autoshift)
1
5710 Transmission Solenoid Valve Guard 1
5815 Hydrau 1
6030 No Powered Cab Air Precleaner 1
6130 Premium Heated, Leather/Fabric, High-
Wide Back, Air Suspension Seat with
Armrests
1
6530 Base Hydraulics w/ 2 Auxiliary Function
Controls
1
6620 Base Hydraulics w/ 1 Auxiliary Function
Control
1
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Selling Equipment
Quote Id: 17136954 Customer:CITY OF ASPEN
Confidential
6710 Front Push Block 1
6850 No Rear Attachment 1
7130 Grading Lights (10 Halogen Lights)1
7820 No Front Fenders 1
8110 24-to-12 Volt Converter (15 amps
peak / 10 amps continuous)
1
8220 Heated Exterior Mounted Rearview
Mirrors
1
8310 Lower Front Intermittent Wiper &
Washer
1
8410 AM/FM Radio with Aux and Weather
Band (WB)
1
8510 Air Conditioner Refrigerant Charged 1
8730 No Sound Absorption Package 1
8810 Rear Camera 1
9280 Slow Moving Vehicle (SMV) Sign 1
9290 Flip Down Cab Beacon Bracket (RH)1
9295 Flip Down Cab Beacon Bracket (LH)1
9360 Engine Block Heater 1
9370 Ether Starting Aid 1
Service Agreements
John Deere Extended Warranty - 60M
2,000HR COMPREHENSIVE
EXTENDED
RYLAND 12' Snow Wing
Hours:0
Stock Number:
Code Description Qty
1 12' Snow Wing 1
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Page 1 of 2 JD-S 17-02 EFFECTIVE (07July16) U.S.A. ONLY
Customer Purchase Order for John Deere
Construction and Forestry Products - USA
PO#05809918
PO Revision#Original
PURCHASER NAME AND ADDRESS (First Signer)
NAME(First, Middle, Last)
CITY OF ASPEN
STREET or RR
1080 POWER PLANT ROAD
CITY
ASPEN
STATE
CO
ZIP CODE
81611
COUNTY
Pitkin
PHONE NUMBER
970-920-5132
EMAIL ADDRESS
PURCHASER NAME AND ADDRESS (Second Signer)
NAME(First, Middle, Last)
STREET or RR
CITY STATE ZIP CODE COUNTY
PHONE NUMBER EMAIL ADDRESS
DEALER NAME AND ADDRESS
DEALER NAME
Honnen Equipment Co.
Dealer Account No. :
170498
STREET or RR
2358 I-70 FRONTAGE ROAD
CITY
GRAND JCT.
STATE
CO
ZIP CODE
81505
Phone Number
970-243-7090
Date Of Order:
Sep 12, 2018
Dealer Order No.:TYPE OF SALE:
CASH LEASE TIME SALE
PURCHASER TYPE:
5 City/Town/Village
MARKET USE CODE:
49 Highways & Streets
Add Purchaser to Mailing List (Check One or More)
Construction Utility Forestry Government
PURCHASER IS:
Business Individual
Purchaser Acct.:
25130
SOCIAL SECURITY IRS TAX ID NO EIN
EXTENDED WARRANTY IS:Accept Decline
\IN1\(Initials)
LOCATION OF FIRST WORKING USE :
PITKIN
Use State/Province
CO
COUNTY CODE
97
Ultimate Uptime Package Purchase:Yes No \IN1\(Initials)
QTY
Hours
of
Use
PIN or Serial Number Delivered Cash Price
N
E
W
U
S
E
D
R
E
N
T
D
E
M
O
EQUIPMENT (Model, Size, Description)
1 X JOHN DEERE 772G MOTOR GRADER with 6WD \P0\\I0\$ 282,134 63
+John Deere Extended Warranty :60M 2,000HR COMPREHENSIVE
EXTENDED $ 5,424 00
- DECLINED :John Deere Preventative Maintenance :
1 X RYLAND 12' Snow Wing 0\P1\\I1\$ 0 00
- DECLINED :John Deere Preventative Maintenance :
- DECLINED :John Deere Extended Warranty :
(1) TOTAL CASH PRICE 63$ 287,558
QTY PIN or Serial Number AMOUNTTRADE-IN (Model, Size, Description )Hours
of Use
COMMENTS:
NJPA CONTRACT #032515-JDC
(2) TOTAL TRADE-IN ALLOWANCE $ 0 00
(3) TOTAL TRADE-IN PAY-OFF $ 0 00
(4) BALANCE $ 287,558 63
(5) DOC FEE $ 0 00
(6) SUBTOTAL $ 287,558 63
(7) RENTAL APPLIED $ 0 00
(8) CASH WITH ORDER $ 0 00
(9) BALANCE DUE (6-(7 & 8)$ 287,558 63
ACKNOWLEDGMENTS:Purchaser offers to sell,transfer,and convey the item(s)listed as Trade In to the Dealer at or prior to the time of delivery of the
above product(s),as a trade-in to be applied against the cash price.Purchaser represents that each trade-in item shall be free and clear of all security
interests,liens,and encumbrances at the time of transfer to the Dealer except to the extent shown below.The price to be allowed for each trade-in item is
listed on this
document. The Purchaser promises to pay the balance due (line 9 ) shown hereon in cash, or to
execute a Time Sale Agreement (Retail Installment Contract),or a Loan Agreement for the purchase price of the Product(s),plus additional charges
shown thereon,or to execute a Lease Agreement,on or before delivery of the equipment ordered herein.Despite delivery of the
Product(s)to the Purchaser,title shall remain with the Seller until one of the foregoing is accomplished.The Purchaser and the Dealer agree that this
Purchase Order is not a security agreement and that delivery of the Product(s)to the Purchaser pursuant to this Purchase Order will not constitute possession
of the Product(s)by the Purchaser,as a debtor,for the purposes of the purchase money security provisions in any statutes relating to personal property
security or its equivalent. Purchaser understands that its rights in connection with this purchase are limited as set forth in this Purchase Order.
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Page 2 of 2 JD-S 17-02 EFFECTIVE (07July16) U.S.A. ONLY
Customer Purchase Order for John Deere
Construction and Forestry Products - USA
PO#05809918
PO Revision#Original
Customer Name:CITY OF ASPEN Quote ID:17136954
DISCLOSURE OF REGULATION APPLICABILITY: When operated in California, any off-road diesel vehicle may be subject to the California Air
Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce
emissions of air pollutants. More information is available on the California Air Resources Board website at
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm .
IMPORTANT WARRANTY NOTICE:The Standard Warranty for new John Deere construction and forestry products is set forth in a separate
document provided by the dealer.Please read the Standard Warranty carefully before signing.No express warranty is made unless specified in
the Warranty Statement.PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE
STANDARD WARRANTY AND PURCHASE ORDER.WHERE PERMITTED BY LAW,NO IMPLIED WARRANTY OF MERCHANTABILITY,
CONDITIONS OR FITNESS IS MADE.
The undersigned purchaser(s) (the Purchaser ) hereby orders the product(s) (the "Product") described above from the Dealer. The
Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's
inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown
above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer
or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this
Purchase Order.
TERMS & CONDITIONS VERIFICATION STATEMENT : Use of John Deere Data Services, if applicable, and all rights and obligations of John Deere and the
Purchaser (or Customer as identified in the applicable agreement), are governed by the terms and conditions outlined in the Warranty Statement and the
applicable John Deere Construction & Forestry Company Subscriptions & Data Services Dealer Agreement and/or Customer Data Services agreements
available at www.JohnDeere.com/Agreements. Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of
the Data Services. If Purchaser does not agree to these terms and conditions, Purchaser must not activate or otherwise use the Data Services.
Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty, Version
and understands its terms and conditions.
(Initials)
\IN1\\IN2\
Purchaser (First Signer)CITY OF ASPEN \C1\Signature Date \DC1\
Purchaser (Second Signer)\C2\\DC2\Signature Date
Dealer Representative Honnen Equipment Co.\D1\Signature Date \DD1\
Salesperson CARSON,DUSTY \SP1\Signature Date \DSP1\
DELIVERY ACKNOWLEDGEMENT Delivered with Operator's Manual On:
\DDV1\
Purchaser Signature
\CSN1\\DCDV1\
\CDV1\
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US/CAN DEERE Warranty Statement Ver. 7.0 Effective 01 November 2014 Page 1 of
STANDARD WARRANTY FOR NEW JOHN DEERE
CONSTRUCTION, UTILITY, AND FORESTRY PRODUCTS US &Canada
Construction, Forestry & Commercial Worksite Products: 12 months Full Machine Standard Warranty
C&E Series Pull-Type Scrapers: 6 months Full Machine Standard Warranty
DC &DE Series Pull-Type Scrapers: 12 months Full Machine Standard Warranty
Scraper Tractors: 24 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty
Forestry Attachments: 12 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty
Frontier Equipment:6 months Full Machine Standard Warranty (90 days in rental applications)
The "Standard Warranty" is part of the warranty protection package available from John Deere Construction &Forestry Company (John Deere Limited in Canada) ("John Deere") to purchasers of
new John Deere products ("product"):
STANDARD Warranty is John Deere's standard new product warranty, described in this document, provided at no
EXTENDED Warranty is a separate repair contract made available by John Deere for purchasers who wish to
Complete Extended Warranty details, including coverage options and limitations, are set forth in the Application for Extended Warranty, which is available from authorized John Deere dealers.
STRUCTURALL Warranty applies to certain structural components as listed below and as described in this document.
FACTORY-INSTALLED UNDERCARRIAGE Warranty applies to certain undercarriage components as listed below and
A.STANDARD WARRANTY - GENERAL PROVISIONS
John Deere will repair or replace, at its option, any parts (except those specified below) of a new John Deere product that, as delivered to the original retail purchaser(s), are defective in material or
workmanship. Performance of this warranty will be free of charge for parts and labor/labour, except as otherwise stated below. Standard Warranty applies only to purchases from John Deere and
authorized John Deere dealers and, except as otherwise provided in the next sentence and section L below, is extended only to the original retail purchaser of the product. Remaining Standard
Warranty applicable to a used John Deere product is transferred to a subsequent purchaser of the product only if the subsequent purchaser requests a transfer from an authorized John Deere
dealer before the product's Standard Warranty expires. Coverage begins on the date of delivery of the product to the original retail purchaser. For purposes of this warranty, a product that has been
rented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used"for the total duration of such use. Warranty statements
required by law covering engine emissions-related parts and components are found on a separate written warranty certificate provided to the purchaser at the time of the original retail purchase.
B.WHAT IS COVERED BY STANDARD WARRANTY -
All parts of a new John Deere product (except those noted in Sections D and E below) are covered during the Standard Warranty period set out above.
C.EXCLUSIVE REMEDY -
The repair or replacement of covered parts or components that are defective, as provided in Sections A, B, D.2 and D.3 herein, shall be the purchaser's exclusive remedy for any defect in the
product. However, if after repeated attempts such repair or replacement fails to correct the performance problem caused by the defect, the purchaser's sole remedy shall be a refund of the amount
paid for the product (in exchange for a return of the product), excluding any transportation charges, license fees, taxes and insurance premiums, and less a reasonable allowance for use of the
product prior to its return. In no event will the dealer, John Deere or any company affiliated with John Deere be liable for any incidental or consequential damages, including but not limited to loss of
profits, rental of substitute equipment or other commercial loss. Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of the Dealer, John Deere, or any
company affiliated with John Deere to the purchaser or any other person, whether based upon contract, tort, strict liability, or otherwise.This limitation does not apply to claims for personal injury.
D.ITEMS COVERED SEPARATELY -
1.Standard Warranty does not apply to batteries, radios, tires, cameras, or to Cummins,MTU or Detroit Diesel Engines installed in John Deere products, which are covered by
separate written warranties.
2.Factory-Installed Undercarriage Warranty covers all non-rubberized factory-installed undercarriage wear components for 3 years or 4,000 hours from the date of delivery to the original retail
purchaser,whichever occurs first (unless terminated earlier under Section F, below). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150
or more hours, or otherwise used prior to its original retail purchase has been "used for the total duration of such use. In addition to the items listed in section E below,Factory-Installed
Undercarriage Warranty does not cover: failures due to wear, machine application, maintenance practices, or improper machine configuration; removal and installation labor/labour;
transportation or hauling costs; unapproved parts; non-wear items; and rubberized undercarriage components such as rubber tracks.Warranty claims will be pro-rated based upon wear of
the failed component and whether track shoe width is approved by John Deere. Factory-Installed Undercarriage Warranty does not apply to Scraper Tractors.
3.StructurALL Warranty for new John Deere Products (except Compact Excavators &Loaders, Skid-Steer Loaders,Compact Track Loaders, Scraper Tractors, Pull-Type Scrapers, and Forestry
Attachments, which are not eligible for StructurALL Warranty) begins at the date of delivery to the original retail purchaser and ends (unless terminated earlier under Section F, below) after
three (3) years, or 10,000 hours (whichever occurs first). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwise
used prior to its original retail purchase has been "used for the total duration of such use.StructurALL Warranty applies only to the following structural components listed below as
installed on the product at the time of original manufacture. If a particular component is not listed below it is not covered by StructurALL Warranty.
Arm; Articulation Joint (incl. pins &bushings); Bin Frame; Boom; Carbody; C-Frame*; Circle Frame; Coupler
(John Deere built ONLY); Dipperstick; Draft Frame; Engine Frame; Equipment Frame; Grapple Arch and Grapple
pin and bushing joints (standard equipment), roller elements (roller bearings) in bucket to boom joints and sliding elements (bushing) for boom
and linkage joints (optional equipment)]; Rollover Protection Structure (ROPS); Side Frame; Swing Frame; Track Frame; Undercarriage Frame; X-Frame; Z-bar loader linkage (including bell
crank and bucket driver link); Specialty booms and arms marketed as "heavy duty" by John Deere.
Items Covered by StructurALL for Cut-to-Length Forestry Machines: Front frame (welded assembly); Rear frame (welded assembly); Crane king post with basement; Middle joint frame;
Cabin swing frame; Main Boom
StructurALL Warranty does not apply to:
1.Any product used primarily in extreme duty or severe duty applications such as but not limited to:demolition and wrecking, chemical plant (including fertilizer plants), salt mines,
steel mill, land fill and transfer stations, scrap handling, scarifying and other applications that are similarly destructive or similarly heavy duty except specialty booms and arms as
stated in Section D.3 above.
2.C-Frames on H-Series &J-Series Crawlers equipped with root rakes or used in forestry applications
3.Cut-to-Length Forestry Heads and Slash Bundler Units.
4.Crawlers equipped with optional side booms.
5.Cut-to-Length Forestry, Excavator, and Log Loader swing bearings.
6.Motor Graders equipped with front- or rear-mounted snow wings.
E.ITEMS NOT COVERED -
John Deere is NOT responsible for the following:
1.Freight
2.Adjustments to compensate for wear, for periodic maintenance or adjustments that result from normal wear and tear.
3.Damage caused by unapproved adjustments (electronic or mechanical) to machine or machine components outside of published specifications including but not limited to engine,
hydraulic components and relief valves.
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US/CAN DEERE Warranty Statement Ver. 7.0 Effective 01 November 2014 Page 2 of
4.Program updates, calibrations, and pressure adjustments.
5.Diagnostic Time
6.Additional Labor/Labour Time - Above SPG/Labor/Labour Rate
7.Additional Cleaning - Above SPG/Labor/Labour Rate
8.Rental Fees
9.Depreciation or damage caused by normal wear or application, lack of reasonable and proper maintenance,failure to follow operating instructions, misuse, negligence, collision or
other accidents.
10.Premiums charged for Overtime Labor/Labour
11.Transportation to and from the dealership.
12.Travel time, mileage or service calls by the dealer.
13.Non-John Deere components or modifications, Rotobec grapples, and attachments installed aftermarket.
14.Shop supplies and maintenance items such as, but not limited to: filters, fuels, oil, hydraulic fluid, lubricants,coolants, conditioners, shop towels, cleaners and degreasers. Note:
Reimbursement for refills of oils/coolants lost due to a warrantable failure is covered when a system failure occurs outside the boundaries of a normal oil change (within 25% of specified
change interval as provided in the Operator's Manual).
15.Torn, cut, or worn hoses.
16.Wear items, such as, but not limited to: body liner, belts, blades, bulbs, lubricated joints (including pins and bushings), dry brakes, brake linings, dry clutch linings, saw blades, chains, skidder
grapple shocks, color marking nozzles,and articulation bumpers.
17.Items such as cutting edge parts, delimbing knives, bucket teeth and rubber track are not warranted for depreciation or damage caused by normal wear, lack of proper maintenance,
misuse, failure to follow operating instructions, the elements or accident.
18.Any defect in a non-covered component, or damage to or failure of a covered component caused by a defect in a non-covered component.
19.Secondary damage which occurs from continued operation of a product after recognition of the occurrence of a failure.
20.Parts supplied or modifications done by third party suppliers.
21.Topping off fluids when fluid levels fall in the range between low and full
22.Parts/Kits not ordered on machine and installed aftermarket. These parts will be covered by any applicable parts warranty.
23.Attachments installed aftermarket i.e. Winch not installed at factory.
24.Custom options installed outside the factory i.e. G.R. Manufacturing option packages.
25.Used Products (except as otherwise provided in section L below).
F.TERMINATION OF WARRANTY-
John Deere is relieved of its obligations under Standard Warranty, StructurALL Warranty, Factory-Installed Undercarriage Warranty and/or Extended Warranty if:
1.Service (other than normal maintenance and replacement of service items) is performed by someone other than an authorized John Deere dealer; or
2.The product is modified or altered in ways not approved by John Deere; or
3.Any unapproved or improperly sized attachment is installed on the product. Approval and attachment size shall be at John Deere's sole discretion. (Consult dealer prior to installing
attachments or product modification).
4.The product is moved outside the US and/or Canada.
G.PARTS REPLACED UNDER WARRANTY -
Only new or remanufactured parts or components furnished or approved by John Deere, will be used if John Deere elects to repair the product. If any such part or component is defective in
material or workmanship when installed in the product, John Deere will repair or replace, as it elects, such defective part or component, provided the defect is reported to an authorized John
Deere dealer within 90 days of installation or before expiration of the applicable Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty whichever is later.
H.TELEMATICS
Deere/ Dealer. Purchaser may deactivate Telematics at www.jdlink.com.
(their affiliates, successors and assigns), without further notice to
Purchaser have the right to:
1.Access, use, collect and disclose any data generated by, collected by, or stored in, Products or any hardware or
2.Access Machine Data directly through data reporting devices integrated within, or attached to, Products, including
3.Update the Data Reporting Systems software from time to time. Machine Data will only be used in accordance ted at www.JohnDeere.com/
MachineDataPolicy.
I.OBTAINING WARRANTY SERVICE -
To obtain warranty service, the purchaser must request warranty service from a John Deere dealer authorized to sell the product to be serviced. When making such a request, the purchaser must
present evidence of the product's delivery date, make the product available at the dealer's place of business, and inform the dealer in what way the purchaser believes the product to be defective.
Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty repairs may be made in the field if the purchaser and servicing dealer so desire. However, John Deere will
not be responsible for any charges (such as dealer travel time, mileage or extra labor/labour) that would not have been incurred had the product been repaired at the dealer's place of business.
J.NO IMPLIED WARRANTY, CONDITIONS OR OTHER REPRESENTATION -
Where permitted by law, neither John Deere nor any company affiliated with it makes any warranties, representations, conditions or promises, express or implied, as to the quality, performance, or
freedom from defect of its products, other than those set forth in this document and NO IMPLIED WARRANTY OF MERCHANTABILITY, CONDITIONS OR FITNESS IS MADE.
K.NO DEALER WARRANTY -
The selling dealer makes no warranty of its own on any item covered by this warranty, and makes no warranty on other items unless the dealer delivers to the purchaser a separate written
warranty certificate specifically warranting the item.The dealer has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations of
this warranty in any way.
L.USED JOHN DEERE PRODUCTS ONLY -
John Deere will transfer remaining Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty to the purchaser of a used John Deere construction and/or forestry
product that has been used for less than the full warranty period provided at the product's original retail purchase. This transfer is not effective until change of ownership is registered by a John
Deere dealer. ALL THE TERMS, INLCUDING LIMITATIONS AND EXCLUSIONS, OF THE JOHN DEERE STANDARD WARRANTY, FACTORY-INSTALLED UNDERCARRIAGE WARRANTY,
AND/OR STRUCTURALL WARRANTY ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN IN EFFECT AND APPLICABLE.
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Regular Meeting Aspen City Council September 24, 2018
1
CITIZEN COMMENTS ............................................................................................................................... 2
CITY COUNCIL COMMENTS ................................................................................................................... 2
CITY MANAGER COMMENTS ................................................................................................................ 2
CONSENT CALENDAR ............................................................................................................................. 2
Board Appointment ............................................................................................................................... 2
Minutes – September 17, 2018 ............................................................................................................. 2
ORDINANCE #29, SERIES OF 2018 – 230 Lake Avenue – Minor Subdivision ....................................... 2
ORDINANCE #23, SERIES OF 2018 – Changes to Title 24 of the Traffic and Motor Vehicle Code ........ 3
ORDINANCE #25, SERIES OF 2018 – Expanding Investment Options to include CHFA Debt ............... 5
ORDINANCE #24, SERIES OF 2018 – Sandwich Board Sign Regulations Code Amendment ................. 6
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Regular Meeting Aspen City Council September 24, 2018
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Myrin,
Mullins and Hauenstein present.
CITIZEN COMMENTS
1. Toni Kronberg said election season is here. The city is taking pro con statements until October
1st. October 11th is squirm night. She said there needs to be more clarity in the numbers for city
offices in value versus cost.
2. Ian Grey, city forester, said there will be open houses on October 10 and 17 from 3:30 to 7:30 at
City Hall to talk about all things trees. They will showcase the new community forest
management plan.
CITY COUNCIL COMMENTS
Councilman Myrin said the Next Gen meeting is this week. He asked staff to share the appraisal of the
Gravel Pit and 312 West Hyman lot sale. If there isn’t one for 312 he would like to have one. The Main
Street crossings are still not consistent. If we are going to spend millions on the mobility plan we should
get the crossings consistent. Scott Miller, public works director, said council has directed staff to talk
about taking over all or parts of 82. We are close to coming back to you with that. We will have a
decision for you soon.
Councilman Hauenstein said I have a flag here from the 9-11 remembrance at the fire station. Each of the
flags have a photo and a name to remember. Captain Martin Eagan Jr, division 15. Keep the first
responders in our thoughts.
Councilwoman Mullins also thanked the fire department for putting on the memorial.
Mayor Skadron talked about modifying Columbus Day to Indigenous Peoples Day. From that
conversation we started something called the Shining Mountain film festival. Sunday October 7, marks
the 1st ever film festival.
CITY MANAGER COMMENTS
Steve Barwick, city manager, spoke about Amendment 74 – if approved, it would allow compensation to
private property owners due to any government action or inaction. There are no minimums or exclusions.
Any zoning, setback variance, paving, anything under the sun is eligible for a lawsuit for any amount that
government action has changed the value of their property. This does not stop at city boundaries.
CONSENT CALENDAR
· Board Appointment
· Minutes – September 17, 2018
Councilman Frisch moved to adopt the consent calendar; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE #29, SERIES OF 2018 – 230 Lake Avenue – Minor Subdivision
Sarah Yoon, community development, stated the property is located in the Hallam’s addition and the R6
zone. It was part of the 1977 approval with five conditions. One of them was any proposed dwelling
requires HPC review. At the time it was an empty lot. This discussion is about the historic overlay to
amend the condition to remove the HPC review. Since the original approval a building has been
constructed. The existing structure is not historic and was never designated. Only properties on the
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Regular Meeting Aspen City Council September 24, 2018
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historic inventory or in a historic district are to be reviewed by HPC. Staff finds the criteria for a minor
amendment are met. The public hearing is scheduled for October 22.
Councilman Frisch said three neighbors get together and agree to come up with their own little deed
restriction between themselves and lock themselves into an HPC regulation. Time goes on and all of a
sudden they want to unwind a private deal, but they need to come here because that private deal got the
stamp 20 years ago by the city. Chris Bendon, representing the owner, stated it was an outcome of the
subdivision review by the council at the time. The context of that time period wat the HP program at the
time was in its infancy. This application landed in the center of that. There were several legitimate
historic resources on the property. This was a vacant lot. Looking back, there is nothing about the
property that is historic. We are not sure why HPC would be reviewing this. It is a 1980’s building.
There is no historic credibility to the property. Councilman Frisch said he is more concerned if outside
people can make an agreement outside of council then change it years later. Jim True, city attorney, said
to clarify, this was not designed to restrict the property to HPC rules. It was an area for it to go for review.
The language did not bind it to HPC laws.
Councilman Hauenstein, said the 7th whereas, is that council finds the development proposed meets or
exceeds the standards. He is not sure why there would be historic review on it. I don’t see any reason
why there would be any historic review on this property. I haven’t seen any development plans so I’m
not sure why there is that 7th whereas. Phillip Supino, community development, said there are no
development plans, it is boilerplate language.
Councilman Myrin asked did the neighbors get noticed. Mr. Bendon said they will before second
reading.
Councilman Hauenstein Moved to read Ordinance #29, Series of 2018; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE #29
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING
MINOR AMENDMENT TO A SUBDIVISION FOR THE PROPERTY LOCATED AT 230 LAKE
AVENUE, AS LEGALLY DESCRIBED AS LOT 16, HARMON GROUP TOMLINSON LOT LINE
ADJUSTMENT PLAT, AS SHOWN ON THE PLAT RECORDED JANUARY 17, 1990 IN PLAT
BOOT 23 AT PAGE 77 AS RECEPTION NO. 319178.
Councilman Frisch moved to adopt Ordinance #29, Series of 2018 on first reading; seconded by
Councilman Hauenstein. Roll call vote. Councilmembers Frisch, yes; Myrin, yes, Hauenstein, yes,
Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #23, SERIES OF 2018 – Changes to Title 24 of the Traffic and Motor Vehicle Code
Mitch Osur, parking, said there were work sessions April 2 and June 26. As we have raised prices in the
core we have moved more and more vehicles into the residential zones. We are recommending four
changes to council with the first no unattached non motorized vehicles may be parked in the residential
zone. Residents may purchase three, three day permits per year. The second change is to residential
permits. Starting November 15, a maximum of four resident and one guest permits per residence per
calendar year and three for next year.
Councilman Frisch said this is regardless of the size of house or lot. Councilwoman Mullins said this is
also if they have a garage or a driveway. Mr. Osur replied correct. Councilman Frisch asked if staff
talked about the equity or fairness if someone has a driveway that can hold two cars and a two car garage,
and someone has a property with no off street parking they are treated the same. Was it discussed, or
should we discuss it. Mr. Osur say part of it is we do about 1200 of these a year. That means I would
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Regular Meeting Aspen City Council September 24, 2018
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potentially have to visit all of those. Our policy is consistency. We treat everyone the same. We have
not limited it to if you have a driveway or a garage. Councilman Frisch said it goes back to the fairness of
let’s say sandwich boards. I would just be ready for that conversation to come up. Mr. Osur said the
third change is oversized vehicles. They shall not be eligible for a residential permit or a guest permit.
Oversized vehicle means any vehicle that exceeds any of the following. 24 feet in length, eight feet in
width, eight feet in height, or a manufacture gross rating of 10,000 pounds or more. It doesn’t mean they
can’t park in town. They can pay $8 to park in town just like anyone who doesn’t have a permit. The
fourth change is in any residential time restricted zone, a vehicle is only permitted one visit per day
during enforcement hours. The last change is to electric vehicles and NEVs. Hybrids will no longer be
able to park for free in the residential zone because they are no longer state of the art. EVs and NEVs for
2019 will be able to park in residential zones for free. They will need to register with the parking
department. NEVs can continue to park for free in the core but only for the four hour limit.
Councilman Frisch said he will support where we are but thinks we should not be giving away any
parking for any reason. He is happy to treat NEVs differently than normal electric cars. There was
something in here that the city manager should sign off with the residential appeal, but I would rather
keep it at the department level. Mr. True said he would suggest adding after city manager his designee.
Mr. True said the charter states an ordinance goes in to effect 30 days after the second reading approval
unless the ordinance itself sets forth a later date. In this instance Sections 1 and 2 are proposed to go in to
effect November 15, that is when the residential passes circulate. The section about the EVs will not go
in to effect until January 1, 2019 and unless renewed will terminate December 31, 2019. Councilman
Frisch asked if we want that to terminate the end of next year. Mr. Osur said we did since there was some
support that suggested that maybe in 20 we could charge the NEVs for a season pass.
Councilwoman Mullins said she supported NEVs and EVs parking for free for the 4 hour limit. Mr. Osur
said the majority of council decided EVs could park in the core for the 4 hours and both in the residential
zone. Councilwoman Mullins said under recommended action, I think you are missing the last bullet
point in the memo.
Councilman Hauenstein said in Section 1, what is the enforcement now for a trailer. Mr. Osur said they
can park for 72 hours then they have to move. In the residential zone you have to move every 72 hours
with or without a permit. Councilman Hauenstein said you are saying you can’t park there without a
permit.
Councilman Hauenstein asked about clean air inspection. Section 3 says every vehicle should pay if they
take up a spot. NEV or EV should not be treated any differently. There should be consistency with the 4
hour downtown and 2 hour residential. Mr. Osur said the way the residential zone works is you can park
for free for 2 hours. The way the NEV and EV works is they can park for free in the residential zone all
day anyways. They are treated differently in the core.
Councilman Myrin said when the mailing goes out for the permits include the phase out for the four to
three. Mr. Osur said we have a new policy for education. We sent out 1500 letters a month ago. We do a
mailing in October. Everyone who currently has a permit has received a letter. Councilman Myrin asked
is there a process to avoid issuing permits to oversized vehicles. Mr. Osur said there are 1200 residents
who get residential permits and there are not a lot of oversized vehicles. Councilman Myrin said one visit
per day in residential zones, how does that work. Mr. Osur said in the same zone, if you park in the A
zone you can park there once a day for 2 hours. Then you have to move to a different zone. Councilman
Myrin said a residential permit reduction from four to three you need to change the text from four to
three. He asked for a comment about the garage. Mr. Osur said the garage is free from 5 pm from 5 am
unless you work in a business in the city and talk to your manager then you can park from 3 pm until 5
am. We’ve had a few restaurant people take advantage of that. Councilman Myrin said the garage, we
get emails that say it is full frequently is there a plan to add 30 spaces in the basement. Mr. Osur said we
are working on a presentation and we will explain our philosophy. We would love to add 30 spaces but
are not quite there yet.
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Regular Meeting Aspen City Council September 24, 2018
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Mayor Skadron asked how to we hope the community will evolve from this. Mr. Osur said the
unattached vehicles will eliminate storage on the street and make citizens happy. Those with trailers
won’t be happy about it. Mayor Skadron said what then happens to the person storing the trailer. Mr.
Osur said they find storage or someone’s driveway. He said he doesn’t anticipate an issue with the
residential permits. Oversized vehicles might be an issue. There was a discussion about Sprinter type
vehicles and daily use. Councilman Hauenstein asked if there could be a permit for these types of
vehicles that are actually used for daily use. Mr. Osur said if that was the case everyone would say they
are used daily. Mayor Skadron said the overall policy is to free our street parking from serving as mini
storage. What are we really experiencing here. Is this the next chapter in Aspen’s maturation. We no
longer have the capacity on our streets because of the number of people who are living here that allows
the individual to pursue the lifestyles they want to pursue. There are implications to this policy far
beyond the good things we are trying to initiate here. To some degree we are suggesting to people if you
live in Aspen, think twice about living here because you can’t necessarily do everything in your life you
want to be doing. If you want to be a snowmobiler, now there is no longer a space for you to store your
snowmobiles.
Councilwoman Mullins moved to read Ordinance #23, Series of 2018; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO. 23
(SERIES OF 2018)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING TITLE 24 TRAFFIC AND
MOTOR VEHICLES
Councilman Frisch moved to adopt Ordinance #23, Series of 2018 on first reading with amendment to
add or designee to point C after city manager and to add (be) to point D; seconded by Councilwoman
Mullins. Roll call vote. Councilmembers Myrin, yes; Mullins, yes; Frisch, yes; Hauenstein, yes; Mayor
Skadron, yes. Motion carried.
ORDINANCE #25, SERIES OF 2018 – Expanding Investment Options to include CHFA Debt
Pete Strecker, finance, said this is a technical request to allow us to invest in CHFA bonds to allow us to
be the construction lender for AHP projects.
Mayor Skadron said this is not a money matter. Councilman Frisch said we are expanding investment
opportunities. Mr. Strecker replied correct. We need to expand our ordinance to take advantage of what
the state allows.
Councilman Myrin asked what fund eventually will the money come from. Mr. Strecker replied the 150.
Councilman Myrin asked how much. Mr. Strecker replied he thinks it is 16.9 million roughly.
Councilman Myrin said that comes out of the housing fund. How much is in there now. Mr. Strecker
replied 30 million.
Mayor Skadron open the public comment. There was none. Mayor Skadron closed the public comment.
Councilman Frisch moved to adopt Ordinance #25, Series of 2018; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Hauenstein, yes; Mullins, yes; Myrin, yes; Frisch, yes; Mayor Skadron,
yes. Motion carried.
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ORDINANCE #24, SERIES OF 2018 – Sandwich Board Sign Regulations Code Amendment
Mr. Supino told the council this will extend the ordinance one year to September 2019. At which time
there will be additional discussion. We are focused on one question tonight, how best to go about
enforcing existing regulations the city has. Presently, sandwich boards are not a permitted sign type.
However, those with a permit may be permitted with a date specific. There is the question of unpermitted
signs that are displayed. Should they be allowed. There are questions among staff and attorney. What
criteria would we enforce other than if it had a permit last year. Staff recommends adding language in the
code to simply extend the date. There is alternative language which would grandfather permitted signs as
well as any signs that were displayed as of September 12th of this year. This begs some question of the
fairness of the inventory.
Councilwoman Mullins asked are you recommending no enforcement. Mr. Supino said there is not
language in the proposed ordinance about enforcement. We are not sure by what we would enforce other
than the 2017 list of permitted signs. To date there are approximately 14 signs that have been displayed at
one time or another without a permit. Councilwoman Mullins asked would you be trying to remove any
signs that do not have permits. Mr. Supino said option 1 is if the sign is not on the 2017 permitted list it
could be subject to removal. Councilwoman Mullins said it is challenging unless there is a series of fines
and I don’t think we want to do something that aggressive. Jim Pomeroy, community development, said
if they had either been in business when the rules changed or had wanted a sign they could have gotten
one. It is a timing thing for many of them. Mr. Supino said the suggestion would be we would rely on
the 2017 permit list. Mr. True said we are complaint driven. If there are complaints it becomes difficult
for us to not enforce the code. Councilman Hauenstein said there is a moratorium on new permits. If you
have a sign and no one complains you will allow it whether you were permitted in 2017 or not. If
someone puts up a bootleg sign, unless someone complains you will allow it. Mr. Supino said the bottom
line for us is without strong data about every sign in 2017 and every sign at the time you take action
tonight, we are getting into soft legal ground as to enforce. Councilman Hauenstein said you are asking
for flexibility in enforcement. If there is a complaint Jim will use the 2017 list. Mr. True said the
difficulty is there are X number of signs that do not have the 2017 permit and will be non conforming.
They are objects on the right of way. You could freeze this as objects as of September 28 and say these
are objects and we are freezing the number of objects and they are ok under our code. Knowing right
now there are X number that are out there. Councilman Hauenstein said this is the most flexible and
gives a point to enforce from. Mr. True said what I’m suggesting is freezing and what they are suggesting
is frozen from 2017. Mr. Supino said at what point in the day are you measuring the number of signs.
Without firm data to support an enforcement action, our legal action gets more tenuous. It may be an
outcome of that where someone is displaying a sandwich board without a permit for a number of months.
Councilwoman Mullins said she will support option 1. You are on a little bit firmer standing when you
get a complaint. We haven’t come up with a solution yet that is equitable to all the businesses in town.
Councilman Frisch said to me I’m not here to punt but to continue a program that is best for the
community. I’m fine with staff’s recommendation.
Mayor Skadron opened the public comment.
1. Archie Eli, Aspen Psychic, said a year is a long time to wait to see if we can get it back. The sign
I had was there for 16 years. At least allow what is out there to stay until the decision is made.
Mayor Skadron closed the public comment.
Councilman Myrin asked what is the penalty if someone puts out a sandwich board that doesn’t meet the
requirement. Mr. Pomeroy said there is a fine schedule with a potential municipal court appearance.
Councilman Myrin asked is there a way to have the ordinance allow a sign like Archie’s. Mr. True said
the code was different when he had his sign enforced. Councilman Myrin asked can Archie buy space on
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Regular Meeting Aspen City Council September 24, 2018
7
a sign that is for a building being torn down. Mr. True replied absolutely. If the sign is in existence and
there. We can’t control what is on that sign. What you are talking about a business goes out of business
and is not there that is a somewhat different conversation if the sign can be maintain. Mr. Supino said I
would suggest if the business is no longer there they would be abandoning their permit. Councilman
Myrin said he would have to find someone who has an existing business and share that sign.
Councilwoman Mullins move to adopt Ordinance #24, Series of 2018 with Option 1; seconded by
Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Hauenstein, yes; Mullins, yes; Frisch,
yes; Mayor Skadron, yes. Motion carried.
Councilman Hauenstein moved to adjourn at 7:30 p.m.; seconded by Councilwoman Mullins. All in
favor, motion carried.
Linda Manning
City Clerk
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1
MEMORANDUM
TO: Mayor and City Council
FROM: Mitch Osur, Director of Parking and Downtown Services
THRU: R. Barry Crook, Assistant City Manager
DATE OF MEMO: September 25, 2018
MEETING DATE: October 8,2018
RE: Ordinance #23 of 2018 to Implement
Changes to Title 24 of the Traffic and Motor Vehicle Code
REQUEST OF COUNCIL:
The City of Aspen Parking Services Department requests Aspen City Council to approve
changes to Title 24 of the Traffic and Motor Vehicle Code.
PREVIOUS COUNCIL ACTION:
Staff has reviewed ideas with Aspen City Council on changes to the Municipal Code for the
Residential Zones at Council Work Sessions April 2, 2108 and June 26, 2018.
BACKGROUND:
The City of Aspen Parking Services Department continues to look at opportunities to fine tune
the parking and congestion issues in the City.
Staff is also concerned about the quality of life, aesthetics and safety on the streets in the City of
Aspen.
RECOMMENDED ACTION:
The City of Aspen Parking Services Department requests that Aspen City Council approve the
following changes to Title 24 of the Traffic and Motor Vehicle Code.
After continued outreach, research and citizen feedback the Staff of the City Aspen Parking
Department is recommending a change in the height of what defines an oversized vehicle that
was presented on September 24, 2018. Staff is recommending a change in height from 8 feet to
10 feet.
The purpose for this change in height is to allow most Sprinter vans and some work vehicles to
be excluded by the definition of oversized vehicles
Code Changes to Title 24 of the Municipal Code:
Section 1:
Chapter 24.04 is hereby amended by adding the following at the end thereof:
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2
Sec. 24.04.170. Unattached Vehicles
No unattached non-motorized vehicle may be parked on any city street or alley without a valid
permit. Any resident qualified to obtain a resident permit pursuant to Sec. 24.16.050 may
purchase, upon payment of the prescribed fee, up to three (3) permits per year, with each permit
limited to three (3) consecutive days, to park an unattached non-motorized vehicle within the
City.
Section 2:
Chapter 24.16, shall be amended as follows:
Sec. 24.16.050. Resident permit., shall be repealed and replaced in its entirety with the following:
Sec. 24.16.050. Resident permit.
(a) Commencing on November 15, 2018, upon payment of the prescribed fee, a maximum of four (4)
resident permits and one (1) guest permit shall be issued for each residence within a residential permit-
parking zone (RPZ). Commencing on November 15, 2019, and each year thereafter, upon payment of the
prescribed fee, a maxim of three (3) resident permits and one (1) guest permit shall be issued for each
residence within a residential permit-parking zone (RPZ). Permits shall be valid for one year.
(b) One (1) resident permit shall be issued, upon payment of the prescribed fee, for any one (1) vehicle
either owned by a business located within a residential-permit parking zone and holding a currently valid
City business license or owned by a qualified nonprofit institution located within a residential-permit
parking zone.
(c) An applicant for a permit shall present, (a) his/her current motor vehicle registration, and (b) a current
operator's license with the application. No permit shall be issued in the event that either the registration or
license shows an address not within the RPZ unless the applicant demonstrates to the satisfaction of the
City Manager or the City Managers designees that the applicant is, in fact, a resident of the RPZ and that
the vehicle is used primarily by him/her.
(d) An oversized vehicle shall not be eligible for a residential parking pass or guest permit.
Oversized vehicle means any motorized vehicle that exceeds any of the following:
24 feet in length; 8 feet in width; 10 feet on height; or a manufacturer’s gross weigh rating of
10,000 pounds or more. Oversized vehicles may still purchase a day pass at the current daily
rate to park in the residential zone.
Sec 24.16.180. Time restricted parking areas in the Residential Permit Zones., shall be
amended by the addition of the following sentence at the end thereof:
In any “Time Restricted Zone” a vehicle is only allowed one visit per day during enforcement
hours.
Section 3:
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3
Chapter 24.24, Hybrid Vehicle Registration Fee Rebate and Parking Relief Program is
hereby deleted in its entirety and replaced with the following:
Chapter 24.24
ELECTRIC VEHICLE PARKING INCENTIVE PROGRAM
Sec 24.24.010. Electric Vehicle Parking Program.
There is hereby created an Electric Vehicle Parking Program within the City to encourage
the ownership and use of vehicles with no tailpipe emissions in the City.
Sec 24.24.020. Qualifications, administration and parking privileges.
(a) For purposes of this Chapter, the following term shall have the following meaning:
Electric vehicles, also known as all-electric vehicles or EVs, shall mean a vehicle that is
powered by electricity only and is propelled by an electric motor that uses a rechargeable
battery. These vehicles have zero tailpipe emissions. This definition is in accordance with
the U.S. Department of Energy’s classification
(https://www.fueleconomy.gov/feg/evtech.shtml).
Neighborhood electric vehicles, also known as NEVs, shall mean a vehicle that is
powered by electricity only and is propelled by an electric motor that uses a rechargeable
battery. Like an EV, these vehicles have zero tailpipe emissions. However, unlike an EV,
NEVs are meant for short range driving and are not for use on roads or highways with
speed limits over 35 mph. NEVs should comply with U.S. Department of Energy’s
classifications (https://energy.gov/sites/prod/files/2015/04/f21/nev_tech_spec.pdf). NEVs
will be treated equally and consistently with EVs in the City of Aspen EV Parking
Incentive Program.
(b) Any person who is the owner of an EV or NEV may apply for an Aspen Electric Vehicle
Parking Program Permit on such forms as provided by the Director of Parking. The
Electric Vehicle Parking Program Permit shall allow all-electric vehicles (EVs and
NEVs) to park in any Residential Permit Zone. Vehicles that display a valid Electric
Vehicle Parking Program Permit will be exempt from the two-hour parking restriction in
Residential Permit Zones.
(c) The application for an Electric Vehicle Parking Program Permit shall be reviewed by the
City's Parking Department to determine whether the type of vehicle for which an
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4
application is made is all-electric. All-electric vehicles (EVs and NEVs) will be issued an
Electric Vehicle Parking Program Permit. Such permits are not transferable.
(d) NEVs will be allowed to park for no charge in the Downtown Core. NEV’s are not
exempt from the four (4) hour limit of parking in the Downtown Core or any other
parking limitation or prohibition posted on an official sign.
(e) If not otherwise renewed by City Council, this program shall be terminated as of
December 31, 2019.
Sec 24.24.030. No exemption created.
Display of an Electric Vehicle Parking Program Permit shall not exempt a vehicle from
the provisions of Title 24 of this Code. Display of a permit on a qualifying vehicle does
not convey any privileges other than that of exceeding the posted time limit in Residential
Permit Zones. It does not authorize parking in any other restricted or prohibited zone or
parking space. It does not authorize exemption from the seventy-two-hour parking
limitation, nor any other parking limitation or prohibition posted on an official sign.
Section 4:
The effective date of Sections 1 and 2 of this ordinance shall be November 15, 2018. The
effective date of Section 3, shall be January 1, 2019.
Section 5:
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be constructed and concluded under such prior
ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not effective validity of the
remaining portions hereof.
FINANCIAL/BUDGET IMPACTS:
None at this time
ENVIRONMENTAL IMPACTS:
Parking management and pricing are integral elements of the City’s overall Transportation
Implementation plan, designed as a system of incentives and disincentives to encourage the use
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5
of alternatives forms of transportation, thereby reducing congestion, improving air quality and
reducing greenhouse gas emissions in Aspen.
RECOMMENDED ACTION:
Staff recommends that Aspen City Council approve the changes to Title 24 of the Traffic and
Motor Vehicle code for the Residential Zones effective November 15,2018
This includes:
· No unattached non-motorized vehicles
· Limit on number of Residential Passes a resident can get
· Oversize vehicles cannot get a Residential Pass or Guest Permit
· In any “Time Restricted Zone” a vehicle is only allowed one free visit a day
· Electric vehicles can park in the Residential Zones with no payment needed
· NEV’s will be allowed to park for no charge in the Downtown Core. NEV’s are not
exempt from the four (4) hour parking limit.
ALTERNATIVES:
Aspen City Council could agree to accept parts of the proposed plan or ask staff to analyze
different options.
PROPOSED MOTION:
Aspen City Council approves Ordinance #23 of 2018 to Implement Changes to Title 24 of the
Traffic and Motor Vehicle Code
CITY MANAGER COMMENTS:
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ORDINANCE NO. 23
Series of 2018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING
TITLE 24 TRAFFIC AND MOTOR VEHICLES.
WHEREAS, the City Council has adopted a policy of requiring consumers and users of
the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the
costs of providing such programs and services; and
WHEREAS, the City Council has determined to reduce traffic coming into town, cut
down on congestion in town, have no more than 90% parking occupancy on the streets in the
core and to encourage the use of alternative modes of transportation; and
WHEREAS, the City Council has directed staff to implement a seasonal parking pricing
policy that results in higher commercial core parking fees during peak seasons to be determined
by parking occupancy rates.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLRADO:
Section 1:
Chapter 24.04 is hereby amended by adding the following at the end thereof:
Sec. 24.04.170. Unattached Vehicles
No unattached non-motorized vehicle may be parked on any city street or alley without a valid
permit. Any resident qualified to obtain a resident permit pursuant to Sec. 24.16.050 may
purchase, upon payment of the prescribed fee, up to three (3) permits per year, with each permit
limited to three (3) consecutive days, to park an unattached non-motorized vehicle within the
City.
Section 2:
Chapter 24.16, shall be amended as follows:
Sec. 24.16.050. Resident permit., shall be repealed and replaced in its entirety with the following:
Sec. 24.16.050. Resident permit.
(a) Commencing on November 15, 2018, upon payment of the prescribed fee, a maximum of four (4)
resident permits and one (1) guest permit shall be issued for each residence within a residential permit-
parking zone (RPZ). Commencing on November 15, 2019, and each year thereafter, upon payment of the
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prescribed fee, a maxim of three (3) resident permits and one (1) guest permit shall be issued for each
residence within a residential permit-parking zone (RPZ). Permits shall be valid for one year.
(b) One (1) resident permit shall be issued, upon payment of the prescribed fee, for any one (1) vehicle
either owned by a business located within a residential-permit parking zone and holding a currently valid
City business license or owned by a qualified nonprofit institution located within a residential-permit
parking zone.
(c) An applicant for a permit shall present, (a) his/her current motor vehicle registration, and (b) a current
operator's license with the application. No permit shall be issued in the event that either the registration or
license shows an address not within the RPZ unless the applicant demonstrates to the satisfaction of the
City Manager or the City Managers designees that the applicant is, in fact, a resident of the RPZ and that
the vehicle is used primarily by him/her.
(d) An oversized vehicle shall not be eligible for a residential parking pass or guest permit.
Oversized vehicle means any motorized vehicle that exceeds any of the following:
24 feet in length; 8 feet in width; 10 feet in height; or a manufacturer’s gross weigh rating of
10,000 pounds or more. Oversized vehicles may still purchase a day pass at the current daily
rate to park in the residential zone.
Sec 24.16.180. Time restricted parking areas in the Residential Permit Zones., shall be
amended by the addition of the following sentence at the end thereof:
In any “Time Restricted Zone” a vehicle is only allowed one visit per day during enforcement
hours.
Section 3:
Chapter 24.24, Hybrid Vehicle Registration Fee Rebate and Parking Relief Program is
hereby deleted in its entirety and replaced with the following:
Chapter 24.24
ELECTRIC VEHICLE PARKING INCENTIVE PROGRAM
Sec 24.24.010. Electric Vehicle Parking Program.
There is hereby created an Electric Vehicle Parking Program within the City to encourage
the ownership and use of vehicles with no tailpipe emissions in the City.
Sec 24.24.020. Qualifications, administration and parking privileges.
(a) For purposes of this Chapter, the following term shall have the following meaning:
Electric vehicles, also known as all-electric vehicles or EVs, shall mean a vehicle that is
powered by electricity only and is propelled by an electric motor that uses a rechargeable
battery. These vehicles have zero tailpipe emissions. This definition is in accordance with
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the U.S. Department of Energy’s classification
(https://www.fueleconomy.gov/feg/evtech.shtml).
Neighborhood electric vehicles, also known as NEVs, shall mean a vehicle that is
powered by electricity only and is propelled by an electric motor that uses a rechargeable
battery. Like an EV, these vehicles have zero tailpipe emissions. However, unlike an EV,
NEVs are meant for short range driving and are not for use on roads or highways with
speed limits over 35 mph. NEVs should comply with U.S. Department of Energy’s
classifications (https://energy.gov/sites/prod/files/2015/04/f21/nev_tech_spec.pdf). NEVs
will be treated equally and consistently with EVs in the City of Aspen EV Parking
Incentive Program.
(b) Any person who is the owner of an EV or NEV may apply for an Aspen Electric Vehicle
Parking Program Permit on such forms as provided by the Director of Parking. The
Electric Vehicle Parking Program Permit shall allow all-electric vehicles (EVs and
NEVs) to park in any Residential Permit Zone. Vehicles that display a valid Electric
Vehicle Parking Program Permit will be exempt from the two-hour parking restriction in
Residential Permit Zones.
(c) The application for an Electric Vehicle Parking Program Permit shall be reviewed by the
City's Parking Department to determine whether the type of vehicle for which an
application is made is all-electric. All-electric vehicles (EVs and NEVs) will be issued an
Electric Vehicle Parking Program Permit. Such permits are not transferable.
(d) NEVs will be allowed to park for no charge in the Downtown Core. NEV’s are not
exempt from the four (4) hour limit of parking in the Downtown Core or any other
parking limitation or prohibition posted on an official sign.
(e) If not otherwise renewed by City Council, this program shall be terminated as of
December 31, 2019.
Sec 24.24.030. No exemption created.
Display of an Electric Vehicle Parking Program Permit shall not exempt a vehicle from
the provisions of Title 24 of this Code. Display of a permit on a qualifying vehicle does
not convey any privileges other than that of exceeding the posted time limit in Residential
Permit Zones. It does not authorize parking in any other restricted or prohibited zone or
parking space. It does not authorize exemption from the seventy-two-hour parking
limitation, nor any other parking limitation or prohibition posted on an official sign.
Section 4:
The effective date of Sections 1 and 2 of this ordinance shall be November 15, 2018. The
effective date of Section 3, shall be January 1, 2019.
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Section 5:
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be constructed and concluded under such prior
ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not effective validity of the
remaining portions hereof.
A public hearing on the ordinance shall be held on the 8th day of October, 2018, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City Council of
the City of Aspen on the _____day of _____________, 2018.
__________________________
Steven Skadron, Mayor
ATTEST:
___________________________
Linda Manning, City Clerk
FINALLY adopted, passed and approved this______ day of ____________, 2018
__________________________
Steven Skadron, Mayor
ATTEST:
___________________________
Linda Manning, City Clerk
Approved as to form:
_____________________
James R True, City Attorney
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MEMORANDUM
TO: Mayor and City Council
FROM: James R. True, City Attorney
DATE OF MEMO: October 4, 2018
MEETING DATE: October 8, 2018
RE: Resolutions regarding state and local ballot issues
SUMMARY: At a recent work session Council requested that staff prepare resolutions
in support of or opposition to various state and local ballot issues. Such resolutions are
attached.
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RESOLUTION NO. 135
(Series of 2018)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ENDORSING THE PASSAGE OF BALLOT ISSUE 1A – A
DEDICATED PROPERTY TAX FOR HEALTHY COMMUNITY FUND.
WHEREAS, the Pitkin County Board of County Commissioners submitted a ballot
issue to the electorate dedicating property tax for the Healthy Community Fund per Pitkin
County Resolution 059-2018; and
WHEREAS, the Healthy Community Fund is a valuable dedicated property tax with a
mission to help Pitkin County citizens and employees be independent, healthy and safe. The
annual grant program works to support non-profit organizations that provide critical Health
and Human Services and Community Resources to people who live and/or work in Pitkin
County. For the past sixteen years, the Healthy Community Fund has provided millions of
dollars to promote the social, emotional, physical and economic well-being of our families,
youth and seniors; and
WHEREAS, it is estimated that each year the Healthy Community Fund agencies reach
and support over 55,000 people from Aspen to Parachute, improving access to health
services, preventing and treating substance abuse, diminishing the impacts of mental illness,
protecting vulnerable children and adults, caring for the terminally ill and their families, and
optimizing the quality of life for residents and workers in Pitkin County; and
WHEREAS, the Board of County Commissioners has determined that it is in the
interest of Pitkin County constituents to seek approval from the electors to renew the
Healthy Community Fund by increasing the fund up to $750,000 annually for a total
property tax levy up to $3,079,189 and extending the tax period to nine (9) years; and
WHEREAS, the City Council finds that it is in the best interests of the citizens of the
City of Aspen to approve this Resolution and support Proposition 1A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen,
Colorado that it endorses the passage of Pitkin County ballot issue 1A- A Dedicated
Property Tax for Healthy Community Fund and authorizes the Mayor to sign this resolution
on behalf of the City Council.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
8th day of October 2018.
_______________________________
Steven Skadron, Mayor
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I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
_______________________________
Linda Manning, City Clerk
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RESOLUTION NO. 136
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ENDORSING THE PASSAGE OF ROARING FORK
TRANSPORTATION AUTHORITY (“RFTA”) BALLOT ISSUE 7A REGARDING
ELECTOR AUTHORIZATION TO IMPOSE AD VALOREM PROPERTY TAX
AND ISSUANCE OF REVENUE BONDS.
WHEREAS, the Roaring Fork Transportation Authority (RFTA) is a regional
transportation authority and political subdivision of the State of Colorado, acting pursuant
to C.R.S. Section 43-4-605; and
WHEREAS, the Colorado Regional Transportation Authority Law authorizes the
imposition of an ad valorem property tax mill levy, contingent on voter approval; and
WHEREAS, the City Council recognizes that projected population growth, employment
growth and housing development in the region will continue to place more demands on our
limited roadways and RFTA’s services; and
WHEREAS, the Upper Roaring Fork Valley, including Aspen, are primary job
generators for the region and benefit significantly from RFTA services and RFTA’s ability
to continue, maintain and improve services; and
WHEREAS, the RFTA Board of Directors does not anticipate that existing sources of
revenue will be sufficient to generate the moneys necessary to meet the demand for services
of the increasing population in the region while also minimizing increases to fare prices;
and
WHEREAS, the Board of Directors of RFTA has determined that it is in the interest of
RFTA and its constituents to seek approval from the electors within the territory of RFTA,
(which includes all or parts of the County of Eagle, the County of Garfield, the County of
Pitkin, the City of Aspen, the Town of Snowmass Village, the Town of Basalt, the Town of
Carbondale, the Town of Glenwood Springs, and the Town of New Castle), for the
imposition of a uniform ad valorem property tax mill levy for the long-term needs and
purposes of RFTA, that has been placed on the Ballot as Issue 7A; and
WHEREAS, Issue 7A will allow RFTA to implement its Destination 2040 plan to
reduce congestion, improve mobility, increase service, provide trail maintenance, and make
safety and environmental improvements; and
WHEREAS, without approval of Issue 7A, RFTA will likely be forced to reduce
regional services by up to 20 percent in just a few years in order to replace its aging buses;
and
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WHEREAS, the City Council finds that it is in the best interests of the citizens of the
City of Aspen to approve this Resolution and support Issue 7A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen,
Colorado that it endorses the passage of Roaring Fork Transportation Authority ballot Issue
7A-Regarding Elector Authorization to Impose Ad Valorem Property Tax and Issuance of
Revenue Bonds and authorizes the Mayor to sign this resolution on behalf of the City
Council.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
8th day of October 2018.
_______________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
_______________________________
Linda Manning, City Clerk
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RESOLUTION NO. 137
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
OPPOSING AMENDMENT 74, A STATE CITIZEN INITIATIVE THAT IF
APPROVED, WOULD AMEND THE COLORADO CONSITUTION TO
DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT REGULATORY
AUTHORITY.
WHEREAS, local government services are essential to the citizens of the City of Aspen; and
WHEREAS, on November 6, 2018, state voters will be asked to vote on Amendment 74,
which seeks to amend the Colorado Constitution to require that “just compensation” be paid for
any government law or regulation deemed to reduce the fair market value of private property;
and
WHEREAS, Amendment 74 has been written and is being significantly funded by out-of-
state corporate interests to amend the Colorado Constitution and threatens the ability of state and
local governments to provide basic governmental services to the residents of the City of Aspen;
and
WHEREAS, Amendment 74 declares that any state or local government law or regulation
that "reduces" the "fair market value" of a private parcel is subject to "just compensation”; and
WHEREAS, under the current Colorado Constitution, Article II, Section 15, a property
owner already has the right to seek compensation from state or local governments if forced to
bear "public" burdens that, in all fairness, should be borne and paid for by the public as a whole;
and
WHEREAS, Amendment 74 would expand this well-established concept by requiring the
government - i.e., the taxpayers - to compensate private property owners for virtually any
decrease whatsoever in the fair market value of their property, even if temporary or incidental, if
the decrease is traceable to any government law or regulation; and
WHEREAS, Amendment 74 would severely limit the ability of Colorado's state and local
governments to take actions that might indirectly, unintentionally, or minimally affect the fair
market value of any private property; and
WHEREAS, Amendment 74 would drastically diminish the ability of our state and local
governments to adopt- let alone attempt to enforce- reasonable regulations, limitations, and
restrictions upon private property and would hinder City of Aspen and surrounding jurisdictions’
ability to preserve the values that are essential to local communities, such as viewsheds, open
spaces, and rural areas; and
WHEREAS, Amendment 74 would place laws, ordinances, and regulations designed to
protect public health and safety, the environment, our natural resources, public infrastructure,
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and other public resources in jeopardy; and
WHEREAS, Amendment 74 would make inherently dangerous or environmentally damaging
activities prohibitively costly to attempt to limit or regulate, even in the interest of the public;
and
WHEREAS, any arguable impact upon fair market value-however reasonable or justified or
minimal or incidental or temporary- resulting from state or local government action could trigger
a claim for the taxpayers to pay; and
WHEREAS, governments would be vulnerable to lawsuits for almost every decision to
regulate or not to regulate, making regular governmental functions prohibitively expensive for
the taxpayer; and
WHEREAS, similar efforts have been attempted and defeated in other states, such as the
states of Washington and Oregon. The fiscal impact for similar language in Washington was
estimated at $2 billion dollars for state agencies and $1.5 billion for local governments over the
first six years, and there were $4 billion dollars in claims in Oregon before the residents repealed
the takings initiative three years after its passage; and
WHEREAS, the City Council finds that it is in the best interests of the citizens of the City of
Aspen to oppose Amendment 74.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen,
Colorado that it hereby approves this Resolution Opposing Amendment 74, a state citizen
initiative that if approved, would amend the Colorado Constitution to drastically limit state and
local government regulatory authority, and authorizes the Mayor to sign this resolution on behalf
of the Council.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th
day of October 2018.
_______________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
_______________________________
Linda Manning, City Clerk
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RESOLUTION NO. 138
(Series of 2018)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
ENDORSING THE PASSAGE OF STATE BALLOT ISSUE AMENDMENT #112
REGARDING STRICT LIMITS, (2500 FOOT SETBACKS), ON DISTANCES
BETWEEN UNCONVENTIONAL OIL AND GAS DEVELOPMENT (“FRACKING”)
AND SCHOOLS, HOSPITALS, RESIDENCES, AND DRINKING WATER SOURCES.
WHEREAS, living within a half-mile of unconventional oil and gas development and
production, often referred to as “fracking,” has been shown by peer-reviewed scientific studies to
have increased risks and direct detrimental impacts to human health; and
WHEREAS, these risks and impacts can range from temporary stresses to potentially fatal
conditions and life-long disabilities, including:
· Noise and vibration-associated sleep disruption and stress,
· an elevated risk of neurologic problems,
· eye, nose and throat symptoms, along with mild to severe asthma exacerbations,
· an increase in heart disease and cardiac hospitalizations,
· low birth weight babies and birth defects such as neural tube defects and congenital heart
defects,
· permanent brain damage to children, and
· cancer, including an increased rate of acute lymphocytic leukemia in children and young
adults; and
WHEREAS, nine Front Range counties and Rio Blanco County received an “F” rating by the
American Lung Association, with oil and gas development a contributing factor. Ozone, even at
relatively low doses, has been shown to have health impacts.
WHEREAS, since the April 2017 flowline-related explosion in Firestone that killed two men
and injured one woman in their home, Colorado has experienced at least a dozen reported fires
and explosions at oil and gas sites, resulting in death or serious injuries. The average evacuation
distance for a U.S. well blowout is .8 miles.
WHEREAS, in addition to the risks to both groundwater and aquifers from “fracking”
operations and injection wells, there were 619 spills in Colorado in 2017: 93,000 gallons of oil
into soil, groundwater and streams, and 506,000 gallons of produced water spilled, including
direct flows into waterways. Colorado is an arid state, and drinking water sources must be
protected.
WHEREAS, as planned oil and gas development collides with neighborhoods throughout
Colorado,” it is more important than ever to establish buffer zones between based on the ever-
increasing science.
WHEREAS, the City Council finds that it is in the best interests of the citizens of the City of
Aspen to approve this Resolution and support Statewide Ballot Amendment 112.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen, Colorado
that it endorses the passage of Statewide Ballot Amendment 112 and authorizes the Mayor to
sign this resolution on behalf of the City Council.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 8th
day of October 2018.
_______________________________
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
_______________________________
Linda Manning, City Clerk
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https://grist.org/climate-energy/amory-lovins-high-tech-home-skimps-on-energy-but-not-on-
comfort/
Back-to-the-land meets back-to-the-future
Amory Lovins' high-tech home skimps on
energy but not on comfort
By Ben Adler on Jul 25, 2014
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For most of its history, environmentalism has been associated with a back-to-the-land lifestyle:
being one with nature, living in the woods, wearing sandals, maybe driving a Volkswagen. Over
the last decade, a counter-narrative has taken over. Cities are in. As climate change has become
the dominant environmental issue, a low-carbon lifestyle has become the priority. Denser living
is heralded for its energy efficiency, as are walking,biking and taking transit instead of driving.
All other things being equal, walkable urbanism beats sprawl. But one house in Old Snowmass,
Colo., demonstrates that, with the right design,rural living can be about as low-carbon as
possible. And it turns out those hippies were on to something: the secrets to low-impact rural
housing lie in embracing nature instead of combatting it. Plus it helps to have some bleeding-
edge technology.
Amory Lovins,the owner of the house, is exactly the guy you'd expect to live here. A
bespectacled physicist and world-renowned energy-efficiency expert,he cofounded the Rocky
Mountain Institute in 1982 with his then-wife L. Hunter Lovins. They chose this location, nestled
up in the mountains 14 miles from Aspen, for RMI's first headquarters, which they built as a
model of energy efficiency. The original structure was completed in 1984. Today, RMI has
expanded into other buildings,but Lovins still lives in the original house, which got a high-tech
makeover in 2009.
Judy Hill LovinsAmory Lovins with his bananas.
Lovins instructs visitors to drink water,because the house's high elevation, around 8,000 feet,
causes dehydration, and he throws on a goofy fisherman's hat to protect his bald head when
going outside. He calls his home"the Banana Farm," after the tropical fruits grown in its
greenhouse.
Many suburbanites have rejected the housing styles best suited to their specific environments,
instead embracing a generic image of the American Dream that is often regionally inappropriate.
Picture green lawns baking in the Arizona desert. The Banana Farm, however, adopts the classic
adobe style indigenous to the Mountain West.
The primary challenge to building a super-efficient home in the mountains is heating. It can get
very cold on winter nights in Old Snowmass, as low as -30 Fahrenheit. Heating a home here is an
energy-intensive, and expensive, proposition. And so Lovins' single biggest insight was to
design it with walls so thick that it didn't require heating.
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Judy Hill Lovins
In an and mountainous area,the sun is strong during the day. So the 16-inch thick walls—made
of concrete, locally harvested sandstone, and a middle four inches of polyurethane—are adept
at storing heat throughout the day and retaining it overnight. Typically, an architect would
recommend increasing the wall thickness until the point where the marginal savings on heating
are passed by the increased costs of building. But Lovins went twice as thick,thereby
eliminating the need to build a heating system at all. "We saved $1,100, and that's just on the
building, never mind operating the heating,"Lovins boasts.
Windows are a major source of air leakage, so the building has "super-windows,"which have
microscopically thin layers of gases such as krypton and xenon that let in light but prevent heat
exchange. "It's equal to 16 layers of glass but it uses only two layers and costs less than three,"
says Lovins.
Keeping rooms warm is not the only purpose for which most houses require oil or natural gas. To
make a"combustion-free" house, Lovins had to solve a few other problems such as drying
clothes and heating water. The answer is to harness the sun's natural heating power. Although
they have a dryer, Lovins and his current wife Judy usually hang their clothes on a line that can
be raised by pulley up into a skylight and dried in the sunlight. They heat water through eight
thermal solar panels and send it around the house through pipes that are extra wide and turn at
gentle angles to minimize the electricity needed to move it.
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The house's electricity is all renewable. Massive solar panels adorn the roof, carport,and
grounds alongside the building. The panels produce far more solar power during the day than the
Lovinses use, so they sell electricity to the grid during the day and buy wind energy from the
grid at night. They also store the solar power in batteries so that they could be fully self-
sufficient in a blackout. The batteries would run down at night but be recharged during the day.
"In February 2013,there were five power failures [in the area],and we never lost power," says
Lovins.
Super-efficient appliances are another reason that the house uses less than half the electricity of
most comparable-sized homes. The dishwasher, from Swedish company Asko, has sensors that
measure the cleanliness of the water coming out and stop washing when the water is clean,
instead of continuing to run for another hour. The result is that it uses two-thirds of the water and
electricity of a typical dishwasher. The fridge and freezer are also designed to save more energy
than typical models. The compressor, which gives off heat, is located at the top rather than the
bottom, so that as the heat rises it goes away and does not necessitate more cooling. The electric
stove comes with specially designed copper pots that retain heat and can boil water at an
incredible speed. The lights are all LED, and track lighting helps distribute light more efficiently
around the large living room.
The main trick, though, is not using more advanced technology,but using the oldest one
available. In the middle of the building,between the living area and the office, is a greenhouse.
A wide section of roof over it is glass,allowing sunlight and heat to pour in, helping to reduce
the need for lighting. "You basically don't turn the lights on during the daytime," says Lovins.
The building's rounded walls distribute the light more effectively than a typical house full of
right angles.
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Lovins grows tropical fruit in the greenhouse, not just the eponymous bananas but mangos and
even coffee. The plants consume CO2 and release humidity. They also store heat. The
greenhouse also features a pond, which adds ambient noise, a nice feature because such a tightly
constructed and mechanical-free house might otherwise be eerily quiet.
Even the bathroom contains oddball innovations, such as a sink on top of the toilet tank, so that
when you flush the toilet you can wash your hands in the water that will then refill the tank.
(This apparently is common in Japan because space there is at such a premium and it saves the
need for a separate sink.)
Lovins drives an electric car and charges it with solar power. Of course, he'd be an even greater
net clean energy contributor if he didn't need a car at all,much less his second one for long trips
that exceed the electric car's range. But the Lovinses manage to live a lifestyle that is remarkably
low-impact without being abstemious. They even have a solar-heated hot tub.
Looking out at the stunning mountain views they enjoy from the hot tub, it's understandable why
they wouldn't want to trade in their 4,000-square-foot house for a cramped urban apartment. And
thanks to smart design,they don't have to.
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