HomeMy WebLinkAboutCity Council Agenda Packet 06/10/20136:45 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 10. 2013
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF May 13. 2013
PROCLAMATIONS AND CEREMONIES
Wheat Ridge Reads
CITIZENS' RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard.
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.L Resolution 20-2013-A Resolution approving a Right-of-Way Vacation for an unused
portion of Teller St. adjacent to 4175 Teller St. (Case No. WV-13-01/Sorrentino)
Resolution 21-2013-A Resolution approving a consolidation Plat for property zoned
Residential-Two (R-2) located at 4175 Teller St. (Case No. MS-13-01/Sorrentino)
2. Council Bill 08-2013-Amending the penalties for violating Sections 1203 and 1208 of
the Model Traffic Code for Colorado, as adopted by the City, concerning the Parking of
Major Vehicles and Parking Privileges for persons with disabilities, respectively, and
making conforming amendments to Section 13-2 of the Wheat Ridge Code of Laws.
CITY COUNCIL AGENDA: June 10, 2013 Page -2-
DECISIONS, RESOLUTIONS AND MOTIONS
~ Resolution No. 18-2013-amending the Fiscal Year 2013 General Fund Budget to
reflect the approval of a Supplemental Budget appropriation for the purposes of funding
the Seniors ' Resource Center Circulator Bus Service in the amount of $30,000
4. Motion to approve payment of the Sales Tax Increment for April of Fiscal year 2013
from the Town Center Project in the amount of $40,505.55 to the Wheat Ridge Urban
Renewal Authority
5. Motion to award R$FB-13-20, Asphalt Patch Truck to Bergkamp Inc. of Salina , Kansas ,
Partnering with McCandless Truck Center LLC of Aurora , Colorado, for a total cost of
$138 ,769
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
May 13, 2013
6:30p.m. PRESENTATION: Bicycle Colorado-Scott Christopher
Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p.m .
ROLL CALL OF MEMBERS
Joyce Jay Mike Stites Davis Reinhart Bud Starker
Joseph DeMott Kristi Davis Tracy Langworthy George Pond
Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney,
Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan ; Public Works
Director, Tim Paranto; other staff, guests and interested citizens .
APPROVAL OF MINUTES OF April 22. 2013
Motion by Councilmember Stites for approval of the Minutes of April 22, 2013;
seconded by Councilmember Starker; carried 7-1, with Councilmember Pond
abstaining.
PROCLAMATIONS AND CEREMONIES
On behalf of Mayor DiTullio and the City Council Clerk Shaver read and presented
proclamations for the following groups:
Emergency Medical Services Week -received by representatives from Pridemark
National Military Appreciation Month -received by Wheat Ridge Police Officers Jamie
Watson, Vista Exline and Joe Cassa on behalf of the Military Veterans Committee
National Peace Officers' Memorial Day-received by Police Chief Brennan
CITIZENS' RIGHT TO SPEAK none
City Council Minutes May 13 , 2013 Page 2
APPROVAL OF AGENDA
There was unanimous consent to add an Item #3 to the agenda , the endorsement of the
application of Councilmember Reinhart for nomination to the executive board of the
Colorado Municipal League.
~ CONSENTAGENDA
a. Motion to approve award of ITB-13-13, installation of 38th Banner Poles to WL
Contractors, Inc., Arvada, Co , in the contract amount of $40,309 , with a
contingency amount of $4 ,030
b. Motion to approve award of ITB-13-01 , 2013 Overlay and Concrete
Rehabilitation Project Base, bid and bid alternative #1 , to Asphalt Specialties
Company, Henderson , CO in the Contract amount of $1 , 137,585 .75 , and to
approve a contingency amount of $56,880
c . Resolution No. 17-2013 -approving a contract with the Colorado Department
of Transportation for the Wadsworth Boulevard Planning and Environmental
Linkage Study from 36th to 461h Ave.
d. Motion to approve the Point to Point Network and Internet Connections
Agreement with Century Link, in a form approved by the City Attorney
e . Motion to appoint Debra Rosenthal as the Jefferson County Library Board
Liaison , At-Large
f . Correction to Council Minutes for April 8, 2013
Mr. Stites i ntroduced the Consent Agenda .
Motion by Mr. Stites to approve the consent agenda ; seconded by Mr . Pond ; carried 8-0
ORDINANCES ON FIRST READING
£. Council Bill 08-2013-amending the model Traffic Code in regard to tiered fine
schedule for model traffic code violations and parking privileges for persons with
disabilities
Mr. Starker introduced Council Bill 08-2013 .
In August 2012 when City Council adopted the 2010 Model Traffic Code local
amendments were added to provide for a tiered fine schedule for repeat violations in the
areas of major vehicles and illegal parking in spaces reserved for persons with
disabilities. The Police Department has experienced several operational obstacles in
trying to implement these changes . This ordinance eliminates the tiered fine schedules
and imposes a single uniform fine . This topic was discussed by Council on April 22,
2013 .
City Council Minutes May 13, 2013 Page 3
Motion by Mr. Starker to approve Council Bill No. 08-2013, an ordinance amending the
penalties for violating sections 1203 and 1208 of the Model Traffic Code for Colorado,
as adopted by the City, concerning the parking of major vehicles and parking privileges
for persons with disabilities, respectively, and making conforming amendments to
Section 13-2 of the Wheat Ridge Code of Laws, on first reading, order it published,
public hearing set for Monday, June 10, 2013, at 7 p.m. in the City Hall Council
Chambers, and that it takes effect 15 days after final publication; seconded by Mrs . Jay;
Mayor DiTullio asked Council to consider an amendment on first reading to raise the
penalty for illegal parking in a handicapped space to an amount higher than $150.
There was some discussion.
Motion by Mr. Stites to amend sections 6(a) and 7 of the ordinance to increase the
penalty for fraudulent parking in a handicapped spot from $150 to $300; seconded by
Mrs. Jay; carried 5-3, with Councilmembers Davis, Starker and Reinhart voting no.
The main motion carried 8-0.
DECISIONS, RESOLUTIONS. AND MOTIONS
3. Motion to endorse the application of Councilmember Davis Reinhart for
nomination to the executive board of the Colorado Municipal League (CML).
Motion by Mr. Starker to endorse the application of Councilmember Davis
Reinhart for nomination to the executive board of the Colorado Municipal
League; seconded by Mrs. Jay; carried 8-0.
CITY MANAGER'S MATTERS
• Mr. Goff said he received a news release today from Jefferson County Open
Space about the plans for Crown Hill Park. The information is available on their
website. It will include replacing the restroom, a park information kiosk, adding 3
staff parking spaces, and removal of all fitness stations.
• He also thanked everyone who participated in the Citizen Forum last week.
There were over 72 participants. The information will be presented to Council
this weekend at their retreat.
CITY ATTORNEY'S MATTERS none
CITY CLERK'S MATTERS
Clerk Shaver reported to Council that the Liquor Authority has approved a policy to
grant new licenses without having the background report from the Colorado Bureau of
Investigation in hand. It will be done on a case by case basis and if the CBI report
comes back with information contrary to what the application stated the Authority will
take appropriate action. -She noted that three new liquor licenses were approved last
Thursday including Mr. Starker's new restaurant at 29th and Depew; a newly remodeled
City Council Minutes May 13, 2013 Page4
restaurant, Wine Not, at 41st & Kipling ; and Kickin ' Wings, an established restaurant in
the shopette northeast of 1-70 & Kipling.
ELECTED OFFICIALS' MATTERS
Tracy Langworthy announced the next "Meet the Artist" will be at the Brunswick Zone
bowling alley (near 1-70 & Kipling) this Thursday, May 16 from 5:30-7:00pm. The
featured artist will be photographer, Tammy McKenzie.
Joyce Jay thanked and congratulated Debra Rosenthal on her new position as our
Library Liaison . She is our first such liaison.
Joe DeMott reported he had represented the Mayor and Council at Christopher House
and Mountain Vista Nursing Home today for National Nursing Home Week, which is
being observed nationally from Mother's Day through May 18. He shared the
proclamation he read to kick off the festivities at each location. The proclamation
encourages everyone to visit loved ones, friends and neighbors who reside in nursing
homes, or volunteer some time, to make sure these precious members of our
community are valued, appreciated and loved. Mr. DeMott thanked the nursing homes.
He was privileged to commentate some of the "Olympic Games" at Christopher House
where there were winners, prizes, and refreshments. It should be a fun week, and he
thanked Council for the opportunity to go.
Davis Reinhart thanked staff and neighbors for their participation last Saturday in the
clean-up day along 38th Avenue and in District 1. -He also had attended the fund-
raising breakfast for the Jeffco Action Center, a non-profit that responds to basic human
needs such as bus tokens, clothing, children's toys at Christmas, Thanksgiving boxes,
and utility subsistence. It was overwhelming and inspiring to learn what they do. There
are over 5,000 volunteers and 90% of the money they receive goes directly to the
individuals/programs. There is very little overhead for this organization and he
encouraged people to volunteer or contribute .
Mike Stites noted that "Colorado+", the newest restaurant/bar on 38th Avenue , opened
this week. They've done a great job of remodeling the old Valente's restaurant and he
understands the food is fantastic-along with the beer. -Mike's positive thing: There
are lots of weeds popping up with all this rain, so please take care of them and help
your neighbors if they need it.
Mayor DiTullio
• The Mayor thanked the Jefferson County Historic Commission and the Wheat
Ridge Historical Society for the tour they did of historic sites in Wheat Ridge . 50-
75 people participated in the tour.
• He reported on the fund raiser for the Jefferson Center for Mental Health that was
attended by Councilmembers Pond, Stites, DeMott, the Mayor, Mr. Goff and
Chief Brennan. The City had purchased a table for the event and
Councilmembers Stites, Pond , DeMott and the Mayor had collectively donated an
City Council Minutes May 13, 2013 Page 5
extra $2,000 from their individual city outreach funds. That $2,000 was put up for
bids and raised another $10,000 from hand bids.
• He thanked the people who donated money or food for 25 kids so they could
enjoy their prom last Saturday. Contributions came from Millie Nadler, Tom
Abbott, Bud Starker, Jerry Dahl, Tom Yang, Tory Swanson (a commander on the
USS Mississippi), Nancy Snow, Claudia Worth, Joyce Manwaring and Chief
Brennan . About 450 kids attended the WRHS prom this year at the Sports
Authority, where the dinner and dance were all held at one location.
The regular Council Meeting adjourned at 8:40pm. Following a short break a Special
Study session convened.
APPROVED BY CITY COUNCIL ON June 10, 2013 BY A VOTE OF __ to __
Davis Reinhart, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
~ j " _... ., City of
:P'WheatRi__dge
ITEM NO:
DATE: June 10,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 20-2013-A RESOLUTION APPROVING A
RIGHT -OF-WAY VACATION FOR AN UNUSED PORTION OF
TELLER STREET ADJACENT TO 4175 TELLER STREET
(CASE NO. WV-13-01/SORRENTINO)
and
RESOLUTION NO. 21-2013-A RESOLUTION APPROVING A
CONSOLIDATION PLAT FOR PROPERTY ZONED
RESIDENTIAL-TWO (R-2) LOCATED AT 4175 TELLER
STREET (CASE NO. MS-13-01/SORRENTINO)
1:8:] PUBLIC HEARING
D BIDS/MOTIONS
1:8:] RESOLUTIONS
D ORDINANCES FOR 1 STREADING
0 ORDINANCES FOR 2N° READING
City Manager
ISSUE:
The applicant is requesting approval of a right-of-way vacation for an unused portion of Teller
Street adjacent to 4175 Teller Street. An associated application has been filed for approval of a
three-lot consolidation plat. The purpose of the requests is to enlarge an existing parcel with
adjacent vacant property and the vacated right-of-way.
While these are separate cases, they will be considered in the same Council Action Form but will
require separate motions.
Case Nos . WV -13-0 I & MS-I 3-0 I /Sorrentino
Council Action Form
June 10 ,2013
Page2
PRIOR ACTION:
Planning Commission heard the requests at a public hearing on May 2, 2013. The staff report and
meeting minutes from the Planning Commission public hearing have been attached.
FINANCIAL IMPACT:
Fees in the amount of $950 were collected for the review and processing of Case Nos. WV -13-01
and MS-13-01.
BACKGROUND:
The subject property is made up of two parcels zoned R-2 located at the end ofTeller Street.
Teller Street extends south from W. 44 1h Avenue and past 43rd. The street dead-ends about 135
feet south of 42nd Avenue. The applicant 's property is adjacent to where it dead-ends. The
northern parcel of the applicant's ownership contains a single family residence built in 1952 and is
12 ,362 square feet in size . The southern parcel , which is vacant, is 8,297 square feet in size.
Neither parcel has ever been platted. The applicant in this case owns both parcels.
Surrounding properties are also zoned R-2 and include single-and two-family homes. To the
southeast is property owned by the Jefferson County School District which has on it a large
playfield , Stevens Elementary School and further to the south , Wheat Ridge Middle School.
Right-of-way Vacation
As part of this application , the applicant is requesting the City vacate the unused portion of Teller
Street and if approved, is proposing to consolidate the two parcels and vacated right-of-way into
one lot. The portion adjacent to the applicant's property is 20 feet in width , covering only the
western side of Teller Street. The right-of-way proposed to be vacated is at the southern terminus
ofTeller Street and is about 660 square feet in size. There is existing street paving and curb walk
in front of the existing house. These improvements stop at the northern line of the proposed
vacation request. There are no street improvements in the portion of the right-of-way requested
for vacation.
Teller Street dead-ends at the northern property line of the school district property. If the street
were continued south , right-of-way would have to be obtained from the school district and the
nine adjacent , residential properties to the west. The residential properties all have access from
Upham Street and while several of them have large backyards , it is unlikely that all nine could be
assembled and resubdivided to allow new homes fronting Teller Street extended to the south.
The only lands that may be impacted by the vacation are the rear fields of Wheat Ridge Middle
School and Stevens Elementary. Access to the fields is from the east side of Teller which dead-
ends at the school property. There is currently a gate there for access to the school property . This
access will remain unobstructed if the vacation is approved.
Staff concludes that the criteria used to evaluate a right-of-way vacation support this request.
Council Action Form
June 10, 2013
Page 3
Proposed plat
The proposed plat will consolidate the property from three lots into one lot. The two larger parcels
are owned by the applicant and if the vacation is approved , ownership will vest with the owner as
well.
The R-2 zone district standards for single-family lots are 9 ,000 square feet of area with 75 feet of
lot width. A duplex lot requires 12,500 square feet of area with I 00 feet oflot width. The
combined area ofthe three parcels will be more than 21 ,000 square feet. Consolidation would
allow the owner to enlarge the existing home or add an additional residential unit to the single-
family home.
Staff concludes that the proposed consolidation plat is compliant with Article IV (Subdivision
Regulations) of the zoning and development code. The application has been through the standard
referral process with no concerns raised by any outside agencies or City departments.
RECOMMENDED MOTIONS:
RIGHT-OF-WAY VACATION
"I move to approve Resolution No. 20-2013 , a resolution approving a request (Case No. WV-
13-01) for approval of a vacation of an unused portion of Teller Street right-of-way adjacent to
4175 Teller Street, for the following reasons:
Or,
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested vacation has been reviewed by the Planning Commission, which has
forwarded its recommendation .
3. The request meets the evaluation criteria for a right-of-way vacation specified by
Section 118 of Chapter 26 ofthe Code of Laws."
"I move to deny Resolution No. 20-2013, a request for approval of a vacation of an unused
portion of Teller Street right-of-way adjacent to 4175 Teller Street, for the following reason(s):
1.
2.
3. "
CONSOLIDATION PLAT
"I move to approve Resolution No. 21-2013, a resolution approving a request for approval of a
consolidation plat (Case No. MS-13-01), for property zoned R-2 located at 4175 Teller Street, for
the following reasons:
Council Action Form
June 10 , 2013
Page 4
Or,
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission, which has
forwarded its recommendation.
3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the
Code of Laws.
4 . All requirements of Article IV of the Wheat Ridge Code of Laws have been met."
"I move to deny, a request for approval of a consolidation plat for property zoned R-2 located at
4175 Teller Street (Case No.MS-13-01), for the following reason(s):
1.
2.
3.
and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council
consideration at the next available regular business meeting."
REPORT PREPARED/REVIEWED BY:
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Resolution No. 20-2013
2. Resolution No. 21-2013
3. Planning Commission staff report with exhibits
4. Planning Commission minutes
TITLE:
CITY OF WHEAT RIDGE, COLORADO
Resolution No. 20
Series 2013
A RESOLUTION APPROVING A RIGHT-OF-WAY VACATION
FOR AN UNUSED PORTION OF TELLER STREET ADJACENT
TO 4175 TELLER STREET (CASE NO. WV-13-01/SORRENTINO)
WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws
establishes the procedures for the City's review and approval of right-of-way
vacations; and,
WHEREAS, an application for a right-of-way vacation was received from
Rolly Sorrentino for the City to vacate an unused portion of Teller Street adjacent
to his property at 4175 Teller Street; and.
WHEREAS, all referral agencies have reviewed the request and do not
have concerns; and,
WHEREAS, all required publishing, posting and notification requirements
for a June 10, 2013 City Council public hearing have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows
A RIGHT-OF-WAY VACATION FOR AN UNUSED PORTION OF TELLER
STREET ADJACENT TO 4175 TELLER STREET (CASE NO. WV-13-
01/SORRENTINO) FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing meeting all public
notice requirements as required by Section 26-109 and 26-407 of the
Code of Laws.
2. The requested vacation has been reviewed by the Planning
Commission, which has forwarded its recommendation.
3. The request meets the criteria for a right-of-way vacation specified by
Section 118 of Chapter 26 of the Code of Laws.
DONE AND RESOLVED by the City Council this 10th day of June, 2013.
ATTEST:
Janelle Shaver, City Clerk
By: ____ ~------------------
Jerry DiTullio, Mayor
Attachment 1
TITLE:
CITY OF WHEAT RIDGE, COLORADO
Resolution No. 21
Series 2013
A RESOLUTION APPROVING A CONSOLIDATION PLAT FOR
PROPERTY ZONED RESIDENTIAL-TWO (R-2) LOCATED AT
4175 TELLER STREET (CASE NO. MS-13-01/SORRENTINO)
WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws
establishes the procedures for the City's review and approval of Subdivision
Plats; and,
WHEREAS, an application for a consolidation plat was received from
Rally Sorrentino to consolidate property located at 4175 Teller Street an R-1
zone district; and,
WHEREAS, all referral agencies have reviewed the request and do not
have concerns; and,
WHEREAS, all required publishing, posting and notification requirements
for a June 10, 2013 City Council public hearing have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows
A CONSOLIDATION PLAT FOR PROPERTY ZONED RESIDENTIAL-TWO
(R-2) LOCATED AT 4175 TELLER STREET (CASE NO. MS-13-
01/SORRENTINO) FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing meeting all public
notice requirements as required by Section 26-109 and 26-407 of the
Code of Laws.
2. The requested subdivision has been reviewed by the Planning
Commission, which has forwarded its recommendation.
3. The subdivision plat has been found in compliance with Article IV of
Chapter 26 of the Code of Laws.
DONE AND RESOLVED by the City Council this 10th day of June , 2013.
ATTEST:
Janelle Shaver, City Clerk
By: ______________________ ___
Jerry DiTullio, Mayor
Attachment 2
,.,.~~~
... ~ .,. City of • .. ~WheatJ3i_dge ~OMMUNI1Y DEVELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission
DATE OF MEETING:
CASE NO. & NAME:
ACTION REQUESTED:
LOCATION OF REQUEST:
PROPERTY OWNER:
PRESENT ZONING :
CURRENT USE:
ENTER INTO RECORD :
SUBDIVISION REGULATIONS
ZONING ORDINANCE
Planning Commi ss ion
WV -13-0 I and MS-1 3-0 ]/So rre nt in o
CASE MANAGER: Meredith Reckert
May 2 , 2013
WV-13-01 and MS-13-01 /Sorrentino
Approval of a right-of-way vacation for an unused portion of
Teller Street and a consolidation plat on R-2 zoned property
4175 Teller and adjacent vacant property to the south and east
Rolly Sorrentino
R-2 , Residential-Two
Single family residence, vacant
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
Attachment 3
All notification and posting requirements have been met ; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant is requesting approval of a right-of-way vacation for an unused portion of Teller Street
adjacent to 4175 Teller Street. An associated application has been filed pursuant to Case No. MS-13-
0 I. This is a request for a three lot consolidation plat. The purpose of the request is to enlarge an
existing parcel with adjacent vacant property and the vacated right-of-way.
Lot consolidations for 5 lots or less follow the minor subdivision process but all right-of-way
vacations must be considered by City Council ; therefore , Planning Commission will be making a
recommendation to City Council.
II. EXISTING CONDITIONS
The parcels in question are located at 4175 Teller Street and are zoned Residential-Two (R-2). To the
southeast is property owned by the Jefferson County School District which has on it a large Iayfield ,
Stevens Elementary School and further to the south , Wheat Ridge Middle School. (Exhibit I, Aerial
hoto of neighborhood) Surrounding properties are also zoned R-2 and include single-and two-family
homes. (Exhibit 2, Zoning rna
The subject property is made up oftwo parcels located at the end of Teller Street. The northern parcel
contains a single family residence built in 1952 and is 12 ,362 square feet in size . The southern parcel
which is vacant is 8297 s uare feet in size. Neither arcel has ever been platted. The applicant in this
case owns both parcels. (Exhibit 3, Aerial hoto of arcels)
As part of this application , the applicant is requesting the City vacate an unused portion of Teller
Street and if approved , is proposing to consolidate the two parcels and vacated right-of-way into one
lot. The portion adjacent to the applicant i s property is 20 ' in width , covering only the western side of
Teller Street. The right-of-way proposed to be vacated is at the southern terminus ofTeller Street and
is about 660 square feet in size. There is existing street paving and curb walk in front of the existing
house. These improvements stop at the northern line of the pro osed vacation reguest. The existing
conditions can be viewed on the applicant 's vacation exhibit. (Exhibit 4, Right-of-way drawing The
consolidation will enable the ro erty owner to expand his home in the future and/or convert it to a
two-family dwelling. (Exhibit 5, Pro ertx hotos)
III. STREET RIGHT-OF-WAY VACATION CRITERIA
The applicant is requesting a right-of-way vacation for an unused portion ofTeller Street right-of-way.
Before a street right-of-way vacation can be approved , the following findings of fact must be made:
1. That the proposed vacation will not leave any adjoining land without access to an
established public right-of-way.
Plann ing Co mmi ss io n
WV -13-0 1 and MS -13-0 1/Sorrent ino
2
The only land that may be impacted by the vacation are the rear fields of Wheat Ridge Middle
School and Stevens Elementary. Access to the fields is from the east side of Teller which
dead-ends at the school property. Due to the configuration of the middle school which blocks
the extension of Teller Street to the south, it is unlikely that Teller Street would ever be
extended south to 38th Avenue. A referral was sent to Jefferson County Public Schools who
raised no objections to the vacation.
2. That the proposed vacation is in conformity with the most recently enacted goals and
policies of the transportation section of the current comprehensive plan of the City of
Wheat Ridge.
The Transportation Structure map in Envision Wheat Ridge does not address Teller Street
extending further south. If the street were continued south, right-of-way would have to be
obtained from the school district and the nine adjacent, residential properties to the west. The
residential properties all have access from Upham Street and while several ofthem have large
backyards , it is unlikely that all nine could be assembled and resubdivided to allow new homes
fronting Teller Street extended to the south.
3. That the proposed vacation will not have a negative impact on the infrastructure of the
City of Wheat Ridge.
All responding utility and responding service agencies have indicated they have no concerns
regarding the vacation. There should be no negative impact on the infrastructure of the City.
4. That adequate easements have been reserved for use and/or maintenance by the city or
other utility agencies.
Teller Street dead-ends at the northern property line of the school district property. There is
currently a gate there for access to the school property. This access will remain unobstructed.
Wheat Ridge Sanitation District has a dead-end sanitary sewer line with a manhole that is
located in front of the residence. They have indicated that there appears to be adequate right-
of-way for maintenance of this line.
IV. PROPOSED SUBDIVISION PLAT
The roposed plat will consolidate the property from three lots into one lot. (Exhibit 6, Consolidatio
lat) The two larger parcels are owned by the applicant and if the vacation is approved , ownership will
vest with the owner as well.
The R-2 zone district standards for single family lots are 9000 square feet of area with 75' of lot width.
A duplex lot requires 12,500 square feet of area with 1 00' of lot width. The combined area of the
three parcels will be over 21 ,000 square feet. Consolidation would allow the owner to add an
additional residential unit to the existing single family home.
No right-of-way dedications are required for Teller Street.
Staff concludes that the proposed consolidation plat is compliant with Article IV of the zoning and
development code.
Planning Commi ss ion
WV-13-01 and MS-13-0 1/Sorrentino
3
V. AGENCY REFERRALS
All affected service agencies were contacted regarding the ability to serve the property. Specific
referral responses follow in regard to both the plat and r-o-w vacation.
Jefferson County Public Schools: No comments or concems at this time.
Xcel Energy: Can serve.
Wheat Ridge Sanitation District: Has an existing dead end line and manhole in Teller Street in front
of the applicant's house. There should be adequate right-of-way after the vacation for maintenance.
Wheat Ridge Fire: Can serve.
Wheat Ridge Police: No concems .
Wheat Ridge Public Works: The Public Works Depattment has no objections to the vacation. They
have reviewed and commented on the proposed plat.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that all outside agencies can continue serving the property and that the v acation
evaluation criteria have been met. Staff further concludes that the proposed subdivision meets all of
the requirements of Article IV of the zoning and development code. For these reasons , Staff
recommends approval of Case Nos . WV-13-10 and MS-13-01.
VII. SUGGESTED MOTIONS:
RIGHT-OF-WAY VACATION
Option A: "I move to RECOMMEND APPROVAL of Case No. WV-13-01 , a request for approval
of a vacation of an unused portion of Teller Street right-of-way adjacent to 4175 Teller Street, for the
following reasons:
I . It is unlikely that the street will be extended south.
2. The vacation evaluation criteria have been met.
3. All responding agencies have indicated no concems ."
Option 8: "I move to RECOMMEND DENIAL ofCase No . WV-13-01 , a request for approval of a
vacation of an unused portion of Teller Street right-of-way adjacent to 4175 Teller Street, for the
following reasons:
1.
2."
CONSOLIDATION PLAT
Option A: "I move to RECOMMEND APPROVAL of Case No. MS-13-01 , a request for approval of
a consolidation plat for property zoned R-2 located at 4175 Teller Street, for the following reasons:
Planning Commi ssion 4
WV -13 -0 I and MS-13 -0 I /Sorre ntin o
1. All requirements of Article IV of the Wheat Ridge Code of Laws have been met.
2. All requirements of the R-2 zone district regulations have been met.
3. All responding agencies have indicated no concerns."
Option B: "I move to RECOMMEND DENIAL of Case No.MSs-13-01, a request for approval of a
consolidation plat for property zoned R-2 located at 4175 Teller Street, for the following reasons:
1.
2."
Planning Commission
WV-13-01 and MS-13-01 /Sorrentino
5
i R-0-W vacation
Stevens Elementary
Wheat Ridge
Middle School
Exhibit 1 -Aerial of Neighborhood
Planning Commission 6
WV -13-0 I and MS-13-0 I /Sorrentino
03960 07 0
03920
03900
Exh ibit 2 -Zoning Map
Planning Commission 7
WV-13-01 and MS-13-01 /Sorrentino
Exhibit 3 -Aerial of Parcels
Planning Commission 8
WV -13-0 I and MS-13-0 1/Sorrentino
....
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CAP STAMPED "LS 13212."
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~::::·====~I INDICATES CONCRETE
------'INDICATES PAVEMENT
---ADJOINING LOT UNES
------SECTlON UNE
-x --x-x-FENCE
S 1/4 CORNER SECT ION 23,
~ ·I· N89'38'23"E 2633.68' SE CORNER SECTION 23,
3 1/4" ALLOY CAP IN RANGE POINT
BOX, CAP STAMPED "LS 13212."
3 1 /4" BRASS CAP IN RANGE
POINT BOX, CAP STAMPED "LS
13212."
~ 1t PREPARED BY: LANE ENGINEERING SERVICE, INC.
~ 9500 WEST 14lli AVENUE, l.AJ(EWOOO, CO 80215-4716 PREPARED: 10/01/2010
g: TEL: (303) 233-4042 FAX: (303) 233-0796 PROJECT: s
271
_
1 ~L---~----------------------------------------------------------------------
Exhibit 4 -R-0-W exhibit
Planning Commission
WV-13-01 and MS-13-0 1/Sorrentino
9
Exhibit 5 -Site Photos
Planning Commission
WV -13-01 and MS-13-0 I /Sorrentino
View south on Teller-
applicant's house is
located on the right
side of the image
View of property owner's
house at 4175 Teller Street
10
Planning Commi ss ion
WV -13-01 and MS-13-0 I /Sorrentino
The end of Teller Street -gate
on the left hand side is access
into school property
Entrance into consolidation
parcel south ofhouse
11
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OWNFR•s mmcAJE·
~ ROLLY SORRENTINO, BDNG THE 0\\NER Of' REAl. PROPERTY LOCATED AT 417~ Tn.LER StREET
CONTAINING 0.474 ACilES OESCRIBm AS FOLLOWS: '
LEGAl [)ESC8SpDC1t·
A tRACT OF LANO LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 2::1. TO\\NSHIP 3 SOUTH, RANGE
~~Of'AJ1dl..~~RINOPAL I.IERIOIAN, CITY OF 'MiEAT 100GE. .vrERSON COLINTY, COLORAOO,
COWIIENCING AT THE NORTH'ti£ST CORNER OF SAID SOUTHEAST ONE-QUARTER; THENCE N. 89' 41' 34" E.
ON AN ASSUMED BEAAING, ALONG THE NORTH UNE Of' SAID SOUTHEAST ONE-QUARTER A DISTANCE Of'
131J.n FEET TO THE NORTHEAST CORNER Of' THE NORTHWEST ONE-QUARTER Of' THE SOUTHEAST
ONE-QUARTER; THENCE S. 00" 14' oo • E. ALONG THE EAST UNE OF SAID NORTHWEST ONE-QUARTER A
DISTANCE OF 115e.73 FEET TO THE NORTHEAST CORNER Of' THE SOUTH ONE-HALF Of' THE SOUTH
ONE-HALF Of' THE Of' THE SOUTHEAST ONE-QUARTER Of' THE NORTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER AND THE IB\JE POINT OF BEGINNING: THENCE CONT1NU1NG S. ()()" 14' 00" E.
~~~ufin~Jt&..mf~,~T ~~G~...1Dp~<tNC: :~~ztro:~~:' Jir lf'~~T. A
SOUTHEAST CORNER OF THAT tRACT OF LAND OESCR1Bm IN RECEPTION 2007103472 OF THE .uF!RSQN
COUNTY RECORDS; TH£NCE S. 89' 39' 54" W. ALONG THE SOUTH UNE Of' SAID tRACT A DISTANCE Of'
125.00 FEET TO THE SOUTHWEST CORNER OF SAID tRACT: THENCE N. 00" 14' oo" W. ALONG THE WEST
UNE Of' s.AJD lRACT A DISTANCE OF 6S.41 FEET TO A POINT ON THE SOUTH UNE OF THAT lRACT Of'
LANO DESCRIBED IN RECEPTION NO. 83101968 OF THE JEFFUlSON COUNTY RECORDS; THENCE S. 89' 40'
12" W. ALONG THE SOUTH UNE OF s.AJD tRACT A DISTANCE OF 2::1.78 FEET: THENCE N. 00' 14' ()()" W.
ALONG THE WEST UNE Of' SAID PARCEL A DISTANCE Of' 96.00 FEET TO THE SOUTHWEST CORNER OF THAT
lRACT OF ,LAND DESCRIBED IN BOOK 804 AT PAGE 330 OF THE JEFFUlSON COUNTY RECORDS; THENCE N.
89' 4d 12 E. ALONG THE SOUTH UNE Of' s.AJD tRACT A DISTANCE OF 128.78 FEET TO A POINT ON THE
Y£ST UNE Of' THAT lRACT OF LAND DESCRIBID IN BOOK 755 AT PAGE 564 OF THE .£FFERSON COUNTY
RECORDS; THENCE S. 00' 14' 00" E. ALONG THE WEST UNE OF SAID tRACT A DISTANCE OF 83.25 FEET TO
A POINT ON THE NORTH UNE OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHEAST
ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SAID SECTION 23: THENCE N. 8i' 3i' 53" E. ALONG SAID NORTH LINE A DISTANCE Of' ~ FEET TO THE IB\!E PQ!NT OF BEGINNING CONTAINING AN AREA OF 21,318 SQUARE FEET, MORE OR
ROLLY SORRENTINO
STATE OF COLORADO )
)SS
COUNTY OF .£FFERSON )
-:::R~~~~~!~To~'t~CKNOv.t£DGEO BEFORE ME THIS--DAY OF -----• A.D. 20-
'MTNESS MY HAND AND DmOAL SEAL
IIY eot.IMISSION EXP1RES; _____ _
NOTAAY PUBUC
SORRENTINO SUBDIVISION
A PART OF THE SOUTHEAST 1/4 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M.
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO
SHEET 1 OF 2
W 44TH AVE
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..urtRSON
COUNTY
SOiOOl
DISTRICT
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1. THE PURPOSE OF THIS PLAT IS TO VACATE A SMALL AREA OF RIGHT-OF-WAY, TO COMBINE THIS RIGHT-OF-WAY VACATION 'MTH lWO
PREVIOUSLY CREATED PARCELS OF LAND. AND CONSOUDATE THEW ALL INTO A SINGLE PARCEL.
2. WITH THE APPROVAL Of' THIS SUBDIVISION PLAT, AN UNUSED PORTION OF TELLER S1REET RIGHT-OF-WAY IS HEREBY VACATED BY THE
OTY OF 'MiEAT RIDGE. AS SHO~. AND IS CONVEYED TO THE O~ER OF LOT 1, SORRENTINO SUBDIVISION, AND SHALL BECOME A PART OF
UDT 1, PLATTED HEREON.
3. THE DATE OF THE FIELD WORK iS; DECEMBER 27, 2011 .
4. THE UMITS Of THE 1DO-YEAR FLOOOPLAJN UIIIT DO HOT EXIST WITHIN THE BOUNDARY OF THIS SUBDIVISION.
5. 5/8 INCH DIAMETER REBAR 'MTH CAP STAMPED "LANE ENG SRV INC 16837" IS SET OR RECOVEREO AT POINT SHO~ THUS;e
& THIS CONSOUDA TION WAS PREPAAEO 'MTHQUT THE BENEFIT OF A CURRENT TITLE COMMITMENT AND DIDES NOT CONSTITUTE A TITLE
SEARCH BY LANE ENGINEERING SERVICE, INC. TO DETERMINED TITLE OR EASEMENT OF RECORD. THIS SURVEY OOES NOT PURPORT TO
REFLECT ANY OF THE fOLLOWING 'MilCH WAY BE APPUCABLE TO THE SUB.ECT REAl. ESTATE: EASEMENTs, OTHER THAN POSSIBLE EASEWENTS
THAT v.t:RE VISIBLE AT THE TIME OF IIAKING TIHIS SURIIEY, BUILDING SIETBACK LINES, RESTRICTI\IE COVENANTs, SIJBDtVISION RESTRICTIONS,
ZONING OR OTHER LAND-USE REGULATIONS, AND ANY OTHfR fACTS THAT AN ACCURATE AND CURRENT ilTLE SEARCH IIAY DISCLOSE.
7. ANY PERSON 'Mia KNOWINCLY R£110\/ES, ALTERS OR DEFACES ANY PUBLIC LAND SUR\IEY MONUMENT OR LAND BQUNOARY 110N\J1.1ENT OR
ACCESSORY COWI.I1TS A CLASS lWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, C.R.S.
8. PER COLORAJDO REVISED STATUTES SEC. 38-51-105 (L}, ALL UNEAI. UNITS DEPICTED ON THIS LAND SURVEY PLAT ARE U.S. SUR\IEY
FEET. ONE IIETER EQUALS 39.37 DIVIDED BY 12 U.S. SUR'/EY FEET, ACCORDING TO THE NATIONAL INSTITUTE Of STANDARDS AND
TECHNOLOGY.
i . THERE ARE NO PUBUC EASEI.IENTS OR UTIUTIES BEING DEDICATED BY THIS PLAT. fOR DEDICATED RIGHT-OF-WAY, SEE NOTE 13.
10. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN
THREE YEARS AFTER YOU FIRST DISCO\IER SUCH DIEFECT. IN NO E\IENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SUR \lEY BE
COMMENCED IIORE THAN TEN YEARS FROM THE DATE OF THE CERmCA TION SHO\\N HEREON.
11 . THE CURRENT CITY DATUII COORDINATE SYSTEM USED IS A GROUND-BASED MODIF£0 FORM OF THE NAD83/92 STATE PLANE COORDINATE
SYSTE:M, COLORAOO COORAL ZONE 0502. ~ DATUII USED IS THE NORTH AI.IERlCAN '<DrnCAL DATUM OF 1988 (NAVD 88). GROUND
TO GRID COIIBINEO SCALE FACTOR IS 0.999747803, SCALEO FRD1.1 BASE POINT Ptw: 1 (PERMANENT HIGH ACCURACY CON1ROL POINT f1)
HAVING THE FOLLDW1NG HAD 83/92 STATE PlANE COORDINATES: PHAC 1 NORTHING: 1701258.75: EASTlNG : 3118217.58: Ell.VATION: 5471.62.
12. BASIS FOR BEARINGS; GPS DERNED BEARINGS BASED ON A BEARING OF N. 89.41'34"E. ALONG THE NORTH UNE OF THE SOUTHEAST
QUARTER or SECTION 23, BETWEEN A FOUND 3 1/4" AUJ:1f CAP AT THE NOR1HWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 23,
(WCP NO. 14709) AND A fOUND 3 1/4" AUJ:1f CAP AT THE NORTHEAST CORNER OF THE SOUTHEAST QUAATER OF SECTION 23 {WCIP NO .
14809), AS SHOWN HEREON. PER CITY OF WHEAT RllGE CONlROL I.IONUI.tENT NETWORK:
PONT I
147D9
14809
15709
15809
OTY OF 'MiEA T RIDGE
DATUM
NORTHING EAS1 NG
701W\R _, 1111• Jll
7011 .... 2.81 121083.111
705e22 .48 11114< 1.25
705840.02 121076.85
13. THE 1.22' 0\/ERLAP AREA SHOYIN ON SHEET 2 ALONG THE Tn.LER SlREET FRONACE WAS ORIGINALLY INTENDED TO BE A PART OF THE
Tn.LER SlREET RIGHT-OF-WAY. TO REDUCE ANY AMB1GUITY IN REGARDS TO THIS STRP, A 1.22' WIDE STRIP Of LAND ALONG THE
NORTHERLY 63.25' OF LOT 1, SORRENTINO SUBDIVISION, IS HEREBY DEDICATED AS PUBUC RIGHT-OF-WAY BY THIS PLAT.
14. THIS PROP£RTY IS ZONED R-2.
9500 'ti£ST 14TH AVENUE. LAKEV«l<Xl. CO 8021~4716
CASE HISTORY
I.IS-13-01
WV-13-01
Sl!I\DQB'$ C£BDf]CAJE;
I, STEVEN D. USTER. 00 HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF
SORRENTINO SUBDMSION WAS MADE IJY I.IE OR LINDlER WY DIRECT SUPERVISION AND TO
THE BEST OF MY KNOWLEDGE. INFORI.IATION AND BEUEF, IN ACCORDANCE WITH ALL
APPLICABLE COLORADO STATUTES. CURRENT REVISIED EDITION AS AMENDED, THE
ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY.
REGISTERED COLORADO LAND SUR\IEYOR
REGISlRA TION NO, 16837
EtOlMQAftX Q-OSJ3E BfP(JU•
COURSE: S 0014'00" E
COURSE: S 89'39'54" W
COURSE: N 0014'00" W
COURSE: S 89'40'12' W
COURSE: N 0014'00" W
COURSE: N 89'40'12" E
COURSE: S 0014'00" E
COURSE: N 89':19'53" E
DISTANCE: 99 .15
DISTANCE: 125.00
DISTANCE: 88.41
DISTANCE: 23.78
DISTANCE; 95.00
DISTANCE; 128.78
DISTANCE: 53.25
DISTANCE: 20.00
AREA: 21,318 SQ. FEET, 0.4894 ACRES
ERROR IN LA TITUOE: 0.00093 ERROR IN DEPARTURE: 0.00001
ERROR OF CLOSURE: 0.00093 PRECISION 1:666,25e
COURSE: S 00'43'44" W DISTANCE: 0.00093
STATDo!M (E ACCIJBACY;
THE GEODETIC POINT COORDINATE DATA SHO\\N HEREJN HAS BEEN DERMD FROI.I
THE HAD 83 HARN STATE PLANE COLORADID CENlRAL FIPS 0502 COORDINATE
SYSTEW, AND HAS A HORIZONTAL ACCURACY CLASSIFICATION OF 0.04 U.S. SUR'ttY
FEET AT THE 95X CONTlOENCE LEVEL. AS DE.FlNED IN THE GEOSIPATIAL POSI TIONING
ACCURACY STANDARDS OF THE ~AL GEODETIC CONlROL SUBCOWIIITTEE
{FGDC-STD-007.2-1998~
pt ANMNG COUhfSS!<tl CDDEJCADQt ="'= ~:~~~;:~-. __ DAY OF -----• 201_ BY THE
CHAIRPERSON
QJY CERDf]CADQi•
=~ THIS--DAY OC-----201-BY THE 'MiEAT RIDGE CITY
ATTEST
OTY CLERK
COWWUNITY DEVELOPMENT DIRECTOR
DIRECTOR OF PUBUC WORKS
rAJNJY Q£8K ANQ RECtRQERS a:JtDACAlf•
STATE OF COLORADO )
)SS
COUNTY OF .uF!RSON )
I HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE Ofl1CE OF THE COUNTY CUERK AND
RECORDER OF .HFERSON COUNTY AT COLDEN, COLORADO. A l.__ O'CLOCK _ • W. ON TNE __ DAY OF , _ A.D., IN BOOK ___ , PACE ___ ,
RECEPTION NO.
.£FFERSON COUNTY CLERK AND RECORDER
BY:
ll£l5i
; 04/26/'2013
" 03/15/2013
" 10/04/2012 1~.· , PREPARED BY: LANE ENGINEERING SERVICE, INC.
ID.: (303) 233-4042 FAX: (303) 233-0795
~----------------------------------------------------------~------------~~-----------L-----L--------------EXHIBIT6 1: ;o;t~/?:24~/2012 :l9/20 012
'T· -
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NW CORNER Of THE SE 1/4 SECnON 23,
3 1/4" AlLOY CAP IN RANGE POINT BOX.
CAP STAMPED "LS 13212. • AND POINT Of
COI.!MENCEWENT.
-----------·------------
SORRENTINO SUBDIVISION
A PART OF THE SOUTHEAST 1/4 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST, 6TH P.M.
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO
SHEET 2 OF 2 EAST 1/4 CORNER SECllON 23,
3 1/4" BRASS CAP IN RANCE POINT BOX.
NE CORNER Of THE NW 1/4 CAP STAMPED "LS 13212. •
•P1!_7~. H. 708-46~5~ E. 118435.~8)_ --____________ --__ N 89"41'34.:_ E_ 2827.8-4:..->y--____ ---_ .:-\--_________ _
1313.92' NORTH LINE SOUTHEAST 1~ -~ 1313.92' Of THE ~ 1j_4· ____ -'Y------ -----""' ·-·!·_'=· ~ '!'~"'I
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UN?I.ATTED
JOHN PATR ICK CLARK
REC. lf0572H5
R-2
UNPlATTED
GEORGIA EILEEN JACOBS
fRANCES A JACOBS
REC. lf1923384
R-2
R-2
UNPlATTED
BRUCE ROBINSON
REAl REAl ESTATE ACOUISinONS
ABW REO INC
REC. #201 004 7939
W. +41H A VENUE AND BASIS fOR BEARINGS
I
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UNPlATTED
VERNAL SHAW
REC. lf0947217
BOOK 604 AT PAGE 3~
R-2
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EXCEPnON
__[
BK 804, PG 3~
N 70738~ ---~+!111¥0604.96 N 89 '40'1rf 128.78' N 707~'H~t --rl197 • 20.0'
~
REca>n ON NO. 63101968 : 3 ~
1.22' 0~ 20' OEDICAnON L 1 ~<
IN BOOK 755 PAGE Sl54 AN~__.......-, 1
H~~~~~~iro63~~~88& I!" 11.
RIGHT-Of-WAY BY THIS PlAT. 1
1
8 ~
SEE NOTE 13. -. )II :8 ~
j ill
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WEST 42ND AVENUE
LOT 9
CHAMBERS SUBDI\ISION
BEVERLY A SOLOMAN
REC. #2011058142
R-2
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LOT 10
CHAMBERS SUB01VISION
PETER T PARR ISH
REC. #84110670
R-2
LOT 1, SORRENnNO SUBOf\IIS10N
21,318 SQ. fT.
0.4894 ACRES
f4175 N 707318.7280
E 119733.9910
IN89'39'53" L H 707318.8-451 I 20.00' U E 1197~ __ __ __ _ __ , ___ _
~ ~~ECOVERm 31/4" BRASS 01SC IN
CONCRETE. 01SC STAMPED • JEFF.
COUNTY PUBLIC SOiOOLS P.L
l' ~ 0.7'5," 0.45' SOUTH Of NORTH UNE
z
4 LOT UNES HEREBY ,/ • o .., Of Tt£ 51/2 51/2 SE1/4 NW1/4
H 707285.237 "' OCTAL
REMOVED BY THIS PlAT/ 1~ "'01 SE1/4. SEE "'MTNESS CORNER"
--E 119605.346~6k--=,..,,..___.=-,-.-------------_f_.L _ ___.~ii8.~77'~',-? ~~~--1:R~S~G v~'ti.iiffary
89'40'12" W N 707285.3740 H~'40'31"E ;, THIS PlAT. SEE NOTE 2
23.78' E 119629.1262 ;;i ON SHEET 1.
~ 707218.8646
E 119629.3966
R-3
UNPLATTED
HENRY E WHALEY
ALBERT" WHALEY
TED EDWARD WHALEY
CLARINDA LYNN LEWIS
REC. fl!8()3C581
RECEPTION NO. 2007103472
s 89'39'54" w 12~.oo· N 707218.6854
E 119754.3945
"'
...
8
~
8
Ill
JEFFERSON COUNTY SCHOOL 01STRICTS
t%7777777721 INOtCATES AREA CK RIQ-IT-OF-WAY VACAllON
----INDICATES ADJOINING LOT UNES
--------.. IN01CATES ADJOINING LOT UNES 0~
-------INDICATES BOUNDARY Of CONSOUOATED PARCELS
------IN01CATES LOT UNE TO BE REMOVED BY THIS PlAT
-------INDICATES SECTION UNE
• INOtCATES SET 5/8 INOi 01AMETER REBAR '111TH CAP
STAMPED "LANE ENG SRV INC 16637."
I
I
9. ------ ------ -- -- -------------SE CORNER SECnON 23.
J S 1/4 CORNER SECnON 23, 3 1/4" BRASS CAP IN RANGE POINT BOX.
L __ -
1~~ 3 1/4" Ali.OY CAP IN RANGE POINT BOX. CAP CAP STAMPED "LS 13212."
" STAMPED "LS 13212." W. 381H AVENUE (WCP f15809, N. 70Sl540.03, E. 121076.85)
(WCP 1157~:_N. 705823.~~~2~ _ --__ --__________ ~~ !:!_N~E~E .. .Y_4 ____________ ~63_: ->y---__ --.....J.---"131~8I ---\--_ ----------------~f.
' N89'38'24"E 2633.65'
N 89'39'59" E
20.00'
N 707318.8450
E 119753.9910
...
prnn · 'MJ'NESS CORNER 8 w,
SCAL£:1.•1' .. ~ 8g:
Ill
~
~ ~
' SCALE 1"• 20' -10 2o 20 0
I , ~~
REVISED: 03/15/2013
PREPARED BY: LANE ENGINEERING SERVICE. INC. REVISED: 08/24/2012 ~ 9500 WEST 14TH AVENUE. LAKEWOOD, CO 80215-4716 Dp~TE:,..C09T·. /2S
2
o120
1
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12 "L------------------------------------------------------------------------------------------------------------------------=~-----~~·-(~~~3~)~2=3~3--40~42~f~~=·~(~~~~~~-0=7~9~6----------------------------------------------------------------------------------n--~ _____ 71 __ -__ ~
... ~i.~
.... r City of
:JP'\VheatR!_dge
PLANNING COMMISSION
Minutes of Meeting
May 2, 2013
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair TIMMS at 7:04p.m. in the City Council
Chambers ofthe Municipal Building, 7500 West 291h Avenue, Wheat Ridge , Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
StaffMembers Present:
3. PLEDGE OF ALLEGIANCE
Anne Brinkman
Monica Duran
Dick Matthews
Scott Ohm
Steve Timms
Alan Bucknam
Tracy Guildner
Amanda Weaver
Meredith Reckert, Senior Planner
Kim Waggoner, Recording Secretary
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner TIMMS and seconded by Commissioner DURAN to
approve the order of the agenda. Motion carried 5-0.
5. APPROVAL OF MINUTES -March 7, 2013
Commissioner TIMMS requested an amendment to a response from Ms. Mikulak on the
last item of page 2 to read as follows: Ms. Mikulak replied the conditions of approval for
landscaping and fencing will be considered with the CUP and the applicant is purchasing
both parcels.
It was moved by Commissioner MATTHEWS and seconded by Commissioner
DURAN to accept the amendment to the minutes of March 7, 2013.
Motion carried 5-0
Planning Commission Minutes
May 2, 2013
Attachment 4 - I -
It was moved by Commissioner MATTHEWS and seconded by Commissioner
OHM to approve the minutes of March 7, 2013, with the amendment proposed by
Commissioner TIMMS. Motion carried 5-0.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. MS-13-02: An application filed by Urban Green Development for
approval of a 2-lot subdivision with right-of-way dedication located at 5801 W .
38 1h A ve ./4000 Fenton Ct. *Rescheduled for May 16, 2013*
B. Case No. PBG-13-01: An application filed by Urban Green Development for a
planned building group for 26 new residences (single family , duplexes and right-
of-way houses) for property zoned Residential Three (R-3), located at 5801 W.
38 1h Ave ./4000 Fenton Ct. *Rescheduled for May 16, 2013*
C. Case No. WV-13-01: An application filed by Rolly Sorrentino for approval of a
right-of-way vacation of an unused portion of Teller Street adjacent to 4175 Teller
St.
D. Case No. MS-13-01: An application filed by Rolly Sorrentino for a consolidation
plat for property zoned Residential Two (R-2) and located at 4175 Teller St.
Case No. WV-13-01 and Case No. MS-13-01 were presented by Meredith
Reckert concurrently. She entered into public record the case file, the zoning
ordinance, the Comprehensive Plan, and the digital presentation . The property is
within the City of Wheat Ridge and all posting requirements have been met. The
Planning Commission does have jurisdiction to hear this case. She reviewed the
staff report and digital presentation.
Commissioner MATTHEWS asked if the right-of-way is vacated prior to the
consolidation , would that create a lot with no legal access; should the
consolidation occur first then vacate the right-of-way. Ms. Reckert stated the
three properties cannot be consolidated until the right-of-way is vacated. If the
right-of-way is vacated the plat should be approved for that reason . We can't
leave an adjacent parcel without access.
Rolly Sorrentino
4175 Teller St.
The applicant stated he has lived at the property since 1952.
Planning Commission Minutes
May 2, 2013
-2 -
Commissioner TIMMS asked the applicant if he has any plans to add on to his
house, add a second unit or if he just wants to have it all listed under one legal
description. The applicant stated he would like to expand his house to the south.
The request is for the purpose of eliminating the property line.
Chair BRINKMAN opened the public hearing.
Verna Shaw
4195 Teller St.
Ms. Shaw stated she is concerned about the right-of-way vacation , access to the
school by children and parents, parking for the public and other public access .
She stated the right-of-way is too narrow and it will cause problems.
Rolly Sorrentino
4175 Teller St.
Mr. Sorrentino stated the right-of-way is 40 feet including 20 feet on the west side
and 20 feet on the east side. The vacation is for the 20 feet on the west side which
extends further to the south than the east side. People use the east side to access
the school including trucks and equipment for maintenance.
Mr. Sorrentino indicated that the property north of the school fence is maintained
by him, not the school. There is plenty of parking on both sides of the street.
People park there and take their kids to school through the gates. Some people
walk their dogs there. Sometimes there are school events and people access the
school yard from the north side.
Discussion continued about the location of the right-of-way being vacated and
parking on Teller St.
Chair BRINKMAN closed the public hearing.
It was moved by Commissioner OHM and seconded by Commissioner
DURAN to recommend approval of Case No. WV-13-01, a request for
approval of a right-of-way vacation of an unused portion of Teller Street
adjacent to 4175 Teller St. for the following reasons:
1. It is unlikely that the street will be extended south.
2. The vacation evaluation criteria have been met.
3. All responding agencies have indicated no concerns.
Motion carried 5-0.
It was moved by Commissioner MATTHEWS and seconded by
Commissioner DURAN to recommend approval of Case No. MS-13-01, a
request for a consolidation plat for property zoned Residential Two (R-2)
and located at 4175 Teller St. for the following reasons:
Planning Commi ssion Minutes
May 2 , 2013
-3 -
1. AU requirements of Article IV of the Wheat Ridge Code of Laws have
been met.
2. AU requirements of the R-2 zone district regulations have been met.
3. All responding agencies have indicated no concerns.
Motion carried 5-0.
Ms. Reckert stated both cases will be presented to City Council on June 10 , 2013.
8. OTHER ITEMS
A . Wade Sanner has accepted the Pla1mer I position. He will be relocating from Kansas
City after Memorial Day.
B. Chair BRINKMAN asked for an update on the code amendments. Ms. Reckert stated
the subdivision regulations will be reviewed. The sign code review has been delayed.
C. Chair BRINKMAN asked if a replacement has been appointed for Commissioner
MATTHEWS. Ms. Reckert stated we will inquire with the City Clerk.
10. ADJOURNMENT
It was moved by Commissioner DURAN and seconded by Commissioner OHM to
adjourn the meeting at 7:39p.m. Motion carried 5-0.
Anne Brinkman, Chair
Pla1ming Commission Minutes
May 2, 2013
Kim Waggoner, Recording Secretary
-4 -
.... ~~~
... A .,. Cily of _
:rwheatRi_dge
ITEMNo:L
DATE: June 10,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 08-2013 AN ORDINANCE
AMENDING THE PENALTIES FOR VIOLATING
SECTIONS 1203 AND 1208 OF THE MODEL TRAFFIC
CODE FOR COLORADO, AS ADOPTED BY THE CITY,
CONCERNING THE PARKING OF MAJOR VEHICLES
AND PARKING PRIVILEGES FOR PERSONS WITH
DISABILITIES, RESPECTIVELY, AND MAKING
CONFORMING AMENDMENTS TO SECTION 13-2 OF THE
WHEAT RIDGE CODE OF LAWS
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (5/13/2013)
[gj ORDINANCES FOR 2ND READING (6/10/2013)
QUASI-JUDICIAL: D YES
~~
ISSUE:
In August of2012, the City Council adopted the 2010 edition of the Model Traffic Code
("MTC") for Colorado by reference and made certain local amendments to the MTC. Among the
local amendments made by the City were tiered fine schedules for violations of two MTC
sections: MTC Section 1203, Major Motor Vehicles; and 1208, Parking Privileges for Persons
with Disabilities.
This Ordinance eliminates the tiered fine schedules and imposes fines of one hundred fifty
dollars ($150.00) for violations of Section 1203 (Major Motor Vehicles) and three hundred
dollars ($300.00) for violations of Section 1208 (Parking Privileges for Persons with
Disabilities).
Council Action Form
June 10 , 2013
Page2
PRIOR ACTION:
The City Council discussed this item at its April22, 2013 meeting. Staff reconunended
imposing fines of$150.00 for violations of Section 1203 (Major Motor Vehicles) and for
violations of Section 1208 (Parking Privileges for Persons with Disabilities). Council approved
these recommendations. Council amended the recommendation for fines for violations of Section
1208 to $300 and adopted the amended ordinance on first reading on May 13,2013.
FINANCIAL IMPACT:
There will be little financial impact to the Police Department and the Municipal Court as the
procedures for summons of this nature are currently in place and operational.
BACKGROUND:
After several months of attempting to implement the new tiered fine schedules imposed by the
City under the 2010 MTC, City staff in the Police Department and the Municipal Court noted
several operational obstacles . Practically speaking, a parking citation must be issued to a named
individual (as opposed to an identified vehicle) to hold that individual responsible for the fine.
When fines are increased based on the number of prior convictions a violator has, verification of
the named individual's parking ticket history is also necessary. Finally, the fine amount must be
indicated on the face of the parking ticket to permit the violator to pay the fine in lieu of coming
to court. All of this means that a parking ticket for violating MTC Sections 1203 and 1208
currently requires an officer to identify the individual who parked the vehicle, verify that
individual's parking ticket history and, based on that information, determine the appropriate fine
amount to be assessed and indicate that amount on the ticket.
The primary operational obstacle identified by staff is that there is no method of checking an
individual's parking ticket conviction history 24 hours a day, seven days a week. Under the
City's current record-keeping practices , an individual's parking ticket history can only be
retrieved by Municipal Court staff; police officers have no way of remotely accessing this
information from their cars. Municipal Court staff is present and available Monday through
Friday, from 8:00a.m. to 5:00p.m. Officers are therefore unable to retrieve the infonnation
necessary to calculate the appropriate fine amounts for tickets issued outside of those regular
business hours. Additionally, Municipal Court staff may be unable to immediately respond to an
officer's request during regular business hours. All of these factors lead to difficulty in enforcing
the tiered fine schedules.
Staff conducted research concerning fines imposed for parking violations by 18 other Colorado
municipalities and Jefferson County. Of those surveyed jurisdictions, two had experience with
imposing a tiered parking fine schedule: The City of Thornton previously employed a tiered
parking fine schedule, but abandoned this approach recently due to the costs incurred by the City
in implementing the fine schedule. The City of Arvada reported that it has a tiered fine schedule
in place, but that they do not use or enforce it. Arvada staff indicated that officers routinely issue
parking tickets with the "first offender" fine amount and that the Municipal Court does not
amend the fine even if the defendant has multiple parking violations.
Council Action Form
June 10, 2013
Page 3
Finally, Staff researched the history of repeat parking offenders in Wheat Ridge during calendar
years 2011 and 2012. That research revealed that no individuals were cited for violating MTC
Section 1203 (Parking of Major Vehicles) more than once; one individual was cited for violating
MTC Section 1208 (Parking Privileged for Persons with Disabilities) more than once (two times
total).
RECOMMENDATIONS:
Staff recommends approval ofthe ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 08-2013 , an ordinance amending the penalties for violating
sections 1203 and 1208 of the Model Traffic Code for Colorado , as adopted by the City,
concerning the parking of major vehicles and parking privileges for persons with disabilities,
respectively, and making conforming amendments to Section 13-2 of the Wheat Ridge Code of
Laws , on second reading, and that it take effect 15 days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 08-2013 , an ordinance amending the penalties
for violating sections 1203 and 1208 of the Model Traffic Code for Colorado , as adopted by the
City, concerning the parking of major vehicles and parking privileges for persons with
disabilities , respectively, and making conforming amendments to Section 13-2 of the Wheat
Ridge Code of Laws for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Joseph Cassa, Division Chief
Daniel Brennan, Chief of Police
Carmen Beery, City Attorney 's Office
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 08-2013
2. February 26 Memorandum from Court Administrator
3. April 15 Memorandum from Police Department and City Attorney's Office
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 08
Ordinance No. ___ _
Series of 2013
TITLE: AN ORDINANCE AMENDING THE PENAL TIES FOR VIOLATING
SECTIONS 1203 AND 1208 OF THE MODEL TRAFFIC CODE FOR
COLORADO, AS ADOPTED BY THE CITY, CONCERNING THE
PARKING OF MAJOR VEHICLES AND PARKING PRIVILEGES
FOR PERSONS WITH DISABILITIES, RESPECTIVELY, AND
MAKING CONFORMING AMENDMENTS TO SECTION 13-2 OF
THE WHEAT RIDGE CODE OF LAWS
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-702(1)(a), the City
possesses the authority to regulate the use and occupation of public rights-of-way and property for
vehicular travel and parking purposes; and
WHEREAS, pursuant to this authority, the City Council (the "Council ") previously adopted
the 2010 edition of the Model Traffic Code for Colorado ("MTC"), and certain amendments thereto,
codified as Section 13-2 of the Wheat Ridge Municipal Code ("Code"); and
WHEREAS, as part of the local amendments to the 2010 MTC, the Council approved a
tiered fine schedule for repeated violations of MTC sections 1203, concerning the parking of major
vehicles, and 1208, concerning parking privileges for persons with disabilities; and
WHEREAS, after due and proper consideration of the matter, the Council now desires to
eliminate said tiered fine schedule and to adopt a uniform mandatory fine for violations of MTC
sections 1203 and 1208, and to amend Code Section 13-2 accordingly.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO, THAT:
Section 1. MTC Subsection 1203( 4 ), concerning the enforcement of requirements
concerning the parking of major vehicles, as adopted and amended by the City under Paragraph
13-2(b )(9) of the Wheat Ridge Code of Laws, is hereby amended as follows:
(4) Enforcement. Notwithstanding any other provisions of this Model Traffic
Code or of the Wheat Ridge City Code, any major vehicle as defined herein
which is parked or stored in violation of the provisions of section 1203 of this
code shall be subject to being towed and stored, at the owner's sole expense,
by a towing contractor selected by the chief of police of the City of Wheat
Ridge. The towing of illegally parked vehicles is necessary to ensure traffic
and pedestrian safety by removing the view impediment created by the
illegally parked major vehicles. In addition to the right to tow said illegally
parked major vehicles, authority is granted to impose administrative charges
upon the owner or operator of said illegally parked vehicle, or the owner of
Attachment 1
property allowing or permitting such illegal parking , subject to the following
requ irements :
(a) To defray the cost of enforcement of this provision, a charge of ONE
HUNDRED FIFTY DOLLARS ($150 .00) fifty dollars ($50.00) shall bo
imposed for tho first offense , one hundred dollars ($1 00.00) for the
second offense , two hundred dollars ($200 .00) for the third offense, and
three hundred dollars ($300 .00) for tho fourth or subsequent offenses;
(b) Any person subjected to said administrative charges who objects
thereto shall be entitled to either :
1. Request a hearing before the municipal court referee appointed
pursuant to Section 14-10 of the Wheat Ridge Code of Laws , which
hearing shall be held no less than seventy-two (72) hours after the
making of sa id request ; or
2 . Have a summons and complaint issued directing such person to
appear in the Wheat Ridge Municipal Court to answer charges of
violating section 1203 of this code . If found guilty in the Wheat Ridge
Mun icipal Court of such charges or if a guilty plea is entered , the court
shall impose A fines as specified in subsection 1203(4)(a) herein .
(c) No vehicle shall be released from storage after towing unless and
until all towing and storage charges have been pa id , and all
adm inistrative charges specified in this section 1203 have been paid , or
evidence is presented by the Wheat Ridge Police Department in the
mun icipal court that the rights granted under section 1203(4)(b)(2) of this
code have been invoked . In the event any towing is found to be improper
all costs for towing and storage shall be re imbursed by the city to the
owner.
Section 2. MTC Subsections 1208(6) and (7), establishing penalties for violations of
requ irements concerning parking privileges for persons with d isabilities , as adopted and amended
by the City under Paragraph 13-2(b)(11) of the Wheat Ridge Code of Laws , is hereby amended as
follows :
(6) (a) A person who does not have a disability and who exercises the privilege
defined in subsection (2) of th is section or who violates subsection (5) or
( 1 0) of this section commits a class B traffic infraction punishable by a
FINE OF THREE HUNDRED DOLLARS ($300.00) minimum fine of throe
hundred fifty dollars , not to exceed one thousand dollars, for the first
offense and a minimum fine of six hundred dollars , not to exceed one
thousand dollars , for a second offense or subsequent offenses .
(b) A person who violates this subsection (6) by parking a vehicle owned by a
commercial carrier, as defined in section 42-1 -102 ( 17), shall be subject
to a fine of up to twice the penalty imposed in paragraph (a) of this
subsection (6), not to excood ono thousand dollars .
2
(7) A person who does not have a disability and who uses an identifying license
plate or placard in order to receive the benefits or privileges available to a
person with a disability under this section commits a misdemeanor
punishable by a FINE OF THREE HUNDRED DOLLARS ($300.00) minimum
fino of throe hundred fifty dollars, not to oxoood ono thousand dollars, for tho
first offense and a minimum fino of six hundred dollars, not to oxoood one
thousand dollars for a sooond offense or subsequent offenses.
Section 3. Safety Clause. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that
it is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare . The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained .
Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection
or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity
of the remaining sections, subsections and clauses shall not be affected thereby. All other
ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed.
Section 5. Effective Date. This Ordinance shall take effect fifteen ( 15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 3 on this 13TH day
of May , 2013, ordered published in full in a newspaper of general circulation in the City of Wheat
Ridge and Public Hearing and consideration on final passage set for June 10, 2013, at 7:00 o'clock
p.m ., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading, after public
hearing, by a vote of to , this day of , 2013.
SIGNED by the Mayor on this ___ day of _________ , 2013 .
ATTEST:
Janelle Shaver, City Clerk
First Publication: May 16, 2013
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
3
.... ~'" ... r City o f 4~Wheat:R.i_dge ~MUNICIPAL COURT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Joseph Cassa, Division Chief
Christopher D. Randall , Presiding Judge
Kersten Armstrong, Court Administrator
February 26 , 2013
Model Traffic Code Revisions: Parking Privileges for Person with
Disabilities
BACKGROUND FROM THE POLICE DEPARTMENT
On August 13 ,2012 , the City Council adopted an ordinance concerning the 2010 edition ofthe
Model Traffic Code (MTC) for Colorado. The ordinance adopted certain portions of the MTC
by reference while adopting amendments as well. There are two amendments which have
resulted in operational issues for the police department and the municipal court. The
amendments include parking privileges for person with disabilities and the second involves
major vehicle parking violations . The operational issues were first discovered when the police
department was preparing the "traffic cheat sheet" in October and November, 2012 .
RESEARCH CONDUCTED BY THE MUNICIPAL COURT
Upon adoption of the 20 I 0 edition of the MTC, the Police Department began the process of
revising the parking tickets. The previous parking tickets had the fine schedule directly on the
face of the summons, which prevented the increase in parking fines until such time as new
tickets were implemented . Municipal Court Staff conducted a parking fine survey (Attachment
A). Judge Randall reviewed this fine schedule and increased the parking violation fines pursuant
to Wheat Ridge Parking Fines dated October 29 , 2012 (Attachment B). As you will note , the
assessed fine for Section 1208 , Handicap parking and Section 13-2 (further specified as Section
1203) Major Motor Vehicle refers to the ordinance adopted by City Council which identifies the
tiered-fine amounts for these violations.
During the discussion regarding revision of the parking tickets , further challenges presented
themselves with the tiered-fine schedule adopted in Ordinance No . 1517 regarding the adoption
ofthe 2010 Edition ofthe Model Traffic Code. For example, of the eighteen (18) municipal
courts participating in our parking survey, there was one court that had a process in place that did
a tiered-fine approach on all parking violations. The City of Thornton 's process consisted of the
officers issuing parking tickets without a fine amount. The Thornton Municipal Court staff
would conduct research and mail a fine card . As noted on the fine survey, their process was
under review and a proposal was in process to remove the tiered-fine approach and implement a
flat fe e.
Attachment 2
Model Traffic Code Revisions: Parking Privileges for Person with Disabilities Page 2
This proposal was approved and the City of Thornton is no longer utilizing a tiered-fine
approach. The reasons provided for changing their process were a) the staff time involved in
researching past violations , b) the staff time involved in preparing a fine notice, and c) the
mailing costs.
The Municipal Court is staffed Monday through Friday, 8:00a.m.-5:00p.m. The Municipal
Court Department is not available to verify for an officer on the street whether a violator had
been "convicted" of a prior violation of either Section 1208 or Section 1203 on a twenty-four
hour, seven-day-a-week basis. Therefore, implementation of a tiered-fine approach would
require a review by Court Staff and an issuance of a fine notice. Currently, the Municipal Court
does not have a process in place for fine card issuance.
As reference information only, research for Wheat Ridge Municipal Court was conducted on
violations issued for Section 1208 Parking Privileges for Persons with Disabilities for a two year
period from January 1, 2011 through December 31 , 2012 . There was on e defendant that was
issued a second summons for the same violation. Twenty-five percent (25%) of the parking
summons issued for this v iolation , during the specified period , resulted in a dismissal since the
defendant provided proof that he/she possessed a handicap placard.
As reference information only, research for Wheat Ridge Municipal Court was conducted for the
violation of 1203 Major Vehicle Violation during the same time frame of January 1, 2011
through December 31 , 2012. There were no duplicate defendants noted over this two year period.
The research conducted reflected that these types of violations are usually issued to the "vehicle"
and the "vehicle" is typically registered to a trucking company. Although I found three that had
similar trucking companies as the registered owner and , thereby, as the violator, further research
reflected that the violations were issued to three different trucks per the license plate number
identified on the summons.
Based on the inability of the Municipal Court to verify multiple offenses for violations of Section
1208 and Section 1203 for the officers on a twenty-four hour/seven-day-a-week basis , the limited
number of second or third violations that research reflected , City Council may wish to take this
infonnation under advisement that was not initially available to them upon the implementation of
the tiered-fine approach. One of the factors for consideration by City Council is whether the
staff time that would be utilized to implement a tiered-fine approach will meet the end result(s)
and the benefit(s) that City Council foresaw in implementing a tiered-fine approach for the noted
violations.
You may contact me if you need any further information, research , or clarification. I hope City
Council finds this information beneficial if a determination is made to review the implementation
of a tiered-fine approach.
/kna
Attachment A: Parking Fine Survey
Attachment B: Wheat Ridge Parking Fines , October 29 , 2012
~~·~ .... r City of .. ~Wheat&_dge ~OllCE DEPARTMENT
Memorandum
TO: Mayor DiTullio and City Council
THROUGH: Patrick Goff, City Manager
Daniel Brennan, Chief of Police
FROM: Joseph Cassa, Support Services Division Chief
Carmen Beery, City Attorney's Office
DATE: April 15, 2013
SUBJECT: StaffReport-Tiered Fine Schedule for Model Traffic Code Violations: Parking
Privileges for Persons with Disabilities
BACKGROUND:
This staff report summarizes operational issues encountered by City staff in implementing a
tiered fine schedule for certain parking violations.
RELEVANT CODE PROVISIONS
On August 13 ,2012 , City Council adopted Ordinance No. 1517. This Ordinance adopted the
2010 edition ofthe Model Traffic Code (MTC) for Colorado by reference , and made certain
local amendments to the MTC. Among the local amendments made by the City, was a tiered
fine schedule for violations of two MTC sections: MTC Section 1203 , Major Motor Vehicles ;
and 1208 , Parking Privileges for Persons with Disabilities.
MTC Section 1203 generally prohibits the parking or storing of "major vehicles" on public and
private roadways , and within public easement and parks. Ordinance No. 1517 further adopts a
mandatory tiered fine schedule for violations ofMTC Section 1203 as follows:
"To defray the cost of enforcement of this provision , a charge of fifty dollars ($50.00)
shall be imposed for the first offense, one hundred dollars ($1 00.00) for the second
offense, two hundred dollars ($200.00) for the third offense, and three hundred dollars
($300.00) for the fourth or subsequent offense."
MTC Section 1208 generally prohibits the parking of a vehicle by someone who is not disabled
in a parking space reserved for persons with disabilities , and the misuse of a parking placard or
license plate issued to a disabled person. Ordinance No. 1517 provides the following mandatory
tiered fine schedule for violations ofMTC Section 1208:
"A person who does not have a disability and who parks in or blocks a reserved parking
space or adjacent curb ramp or loading zone, commits a Class B traffic infraction
punishable by a minimum fine of three hundred fifty dollars , not to exceed one thousand
dollars , for the first offense; and a minimum fine of six hundred dollars , not to exceed
Attachment 3
Staff Report -Tiered Fine Schedule for MTC Violations: Parking for Persons with Disabilities
May 13,2013
Page 2
one thousand dollars , for a second offense or subsequent offenses."
"A person who violates the above , by parking a vehicle owned by a commercial carrier,
shall be subject to a fine of up to twice the penalty imposed , as above, not to exceed one
thousand dollars ."
A person who does not have a disability and who uses an identifying license plate or
placard in order to receive the benefits or privileges available to a person with a disability
under this section , commits a misdemeanor punishable by a minimum fine of three
hundred and fifty dollars , not to exceed one thousand dollars , for the first offense and a
minimum fine of six hundred dollars , not to exceed one thousand dollars , for a second
offense or subsequent offenses."
IDENTIFIED OPERATIONAL ISSUES IN IMPLEMENTING THE CODE PROVISIONS
City staff in the Police Department and the Municipal Court have identified operational obstacles
in implementing the above fine schedules. The fine amount is indicated on the face of a parking
ticket when it is issued . This allows the violator to pay the fine in lieu of coming to Court . If a
defendant does not pay a parking ticket within the indicated timeframe, the ticket acts as a
summons and complaint (requiring the violator to appear in Court). To be legally effective as a
summons and complaint, a ticket must be issued to a named individual (rather than simply
"issued " to a parked vehicle). Identification of a named individual on the ticket is also necessary
to determine whether the defendant has previously been convicted of violating these parking
requirements and , therefore , subject to a higher fine.
The primary operational obstacle identified by staff in implementing a tiered fine schedule for
parking violations , is that there is no method of checking an individual's parking ticket
conviction history twenty-four (24) hours a day, seven (7) days a week; to determine the
appropriate fine amount to include on a parking ticket. An officer must be able to accurately
determine whether the defendant has previously been convicted of violating either MTC Section
1203 or 1208 ; and , if so , how many times . Under the City 's current record-keeping practices ,
thi s information can be retrieved only through a records search performed by Municipal Court
staff; there is no electronic database that an officer could remotely access from their patrol
vehicle. Municipal Court staff is present and available only Monday through Friday, from 8:00
a.m. to 5:00p.m. Officers are therefore unable to retrieve the information necessary to calculate
the appropriate fine amounts for tickets issued outside of those regular business hours .
Additionally, Municipal Court staff may be unable to immediately respond to an officer's request
during regular business hours , depending on the activities and demands of the Court.
RESEARCH CONCERNING OTHER JURISDICTIONS
Staff conducted research concerning the fines imposed for parking violations by eighteen (18)
other Colorado municipalities and Jefferson County. The results of that research are fully set
forth in the attached memorandum from Court Administrator Kersten Armstrong and Police
Department Records Team Supervisor Deri Patt. To summarize the results of that research , two
(2) jurisdictions had experience with a tiered parking fine schedule:
• The City of Thornton previously employed a tiered parking fine schedule . To address
the operational issues identified above, the parking ticket was issued without a fine
amount. Subsequent to the issuance of the ticket , Court staff would conduct research
Staff Report-Tiered Fine Schedule for MTC Violations: Parking for Persons with Disabilities
May 13,2013
Page 3
and mail a fine card to the violator. The City recently abandoned this tiered fine
approach , in favor of a flat fine schedule, citing the expense incurred by the City in
administering the tiered-fine system.
• The City of Arvada has a tiered fine schedule in place, but City staff reports that they
do not use or enforce it. Staff indicated that officers routinely issue parking tickets
with the "first offender" fine amount. The Arvada Municipal Court does not amend
the fine , even if the defendant has multiple parking violations.
RESEARCH CONCERNING REPEAT PARKING OFFENDERS IN THE CITY
Court staff researched the history of repeat parking offenders in the City during the two-year
period from January 1, 2011 through December 31 , 2012 , and found the following :
• For violations ofMTC Section 1203 (Parking of Major Vehicles), there were no
repeat offenders.
• For violations ofMTC Section 1208 (Parking Privileges for Persons with
Disabilities), one (1) defendant was issued a second summons for the same violation.
OPTIONS IN RESPONSE TO THE OPERATIONAL ISSUES
The net result of the operational issues identified above is that the goal of the tiered fine schedule
adopted by Ordinance No. 1517 -to punish more heavily , and perhaps deter, chronic parking
violators -is not being effectively met. In light of all of the above , Staff presents the following
options for your consideration and recommendation:
1. Amend the Code to remove the tiered fine schedule for parking violations , and
return to a single fine for all violators.
2. Maintain the tiered fine schedule, and adopt the approach previously employed by
the City of Thornton (Court staff conducts research and sends a follow-up fine
card to defendants). The estimated cost of staff time and expense to implement
such a program is $3.00 per ticket. This estimated cost includes Court staff time
to research , prepare and mail a notice to defendants , plus the estimated printing
costs of necessary fine cards , forms , envelopes , etc.
3. Direct City staff to perform additional research , including a cost analysis , of other
options to make parking ticket histories available to officers around the clock
(e.g., the purchase or development of software that could perform this function).
4. Maintain the tiered fine schedule and the current practice, knowing that tickets
may be issued without the appropriate fine amount.
JC/DB /ck
ATTACHMENTS:
1. Memo regarding parking for disabled
2. Excerpt from Sec. 1208 regarding parking for disabled
~~l~
... ~ ., City of •
:?WheatRLdge
ITEMNO:_l_
DATE: June 10,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 18-2013 - A RESOLUTION AMENDING
THE FISCAL YEAR 2013 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE PURPOSES OF
FUNDING THE SENIORS' RESOURCE CENTER
CIRCULATOR BUS SERVICE IN THE AMOUNT OF
$30,000
D PUBLIC HEARING
D BIDS/MOTIONS
[8J RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ° READING
QUASI-JUDICIAL: D YES [8J NO
~
ISSUE:
The Seniors' Resource Center (SRC) operates a successful circulator bus service through
Wheat Ridge to provide an additional transportation option for Wheat Ridge seniors. A
request has been made to the City by the SRC to provide funding in the amount of
$30,000 to continue the bus service at its existing level or $42 ,000 to expand services.
PRIOR ACTION:
The City of Wheat Ridge has contributed $83 ,600 to the SRC circulator bus service since
2008. Staff from the SRC met with the Mayor and City Council on May 61h and requested
continued funding in the amount of $30,000 to continue current services or $42,000 to expand
services.
SRC Circulator Bus Service
JW1e 10, 2 013
Page2
BACKGROUND:
The City has had a valuable partnership with the SRC since its beginning in 1978 and
especially after the organization moved into its current headquarters at 3227 Chase Street in
1982. The Wheat Ridge facility serves as the center of operations for all of SRC's
organizational services provided in Wheat Ridge and the rest of the Denver metro area.
The circulator bus service makes stops at different senior communities and takes seniors to
the Applewood Shopping Center or other stops that are requested , such as Safeway, Super
Target and the Farmers ' Market.
FINANCIAL IMPACT:
Funds were not budgeted in the 2013 budget for this request. A supplemental budget
appropriation is required to transfer funds from the General Fund reserves.
RECOMMENDATIONS:
None
RECOMMENDED MOTION:
"I move to approve Resolution No.l8-2013 amending the fiscal year 2013 General Fund
budget to reflect the approval of a supplemental budget appropriation for the purposes of
funding the Seniors ' Resource Center circulator bus service in the runoW1t of$30,000."
Or,
"I mov e to postpone indefinitely the approval of Resolution No . 18-2013 for the following
reason(s): "
REPORT PREPARED BY;
Patrick Goff, City Manager
ATTACHMENTS;
1. Resolution No . 18-2013
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 18
Series of 2013
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2013
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION FOR THE
PURPOSE OF FUNDING THE SENIORS' RESOURCE CENTER
CIRCULATOR BUS SERVICE IN THE AMOUNT OF $30,000
WHEREAS, older adults need safe and affordable transportation options in their
community; and
WHEREAS, the Seniors' Resource Center (SRC) operates a successful Senior
Circulator Bus transportation service in partnership with the City of Wheat Ridge; and
WHEREAS, the City wishes to continue to support this important transportation
option for older adults in the community, thereby providing assistance in getting to
medical/dental appointments, grocery shopping, meal sites , community-based care
programs and personal trips; and
WHEREAS, the City's contribution to SRC for this transportation service supports
the SRC's efforts in ensuring individual independence, mobility for self-sufficiency and
providing the opportunity for our older adults to participate fully in the life of the
community; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
The City Council authorizes the transfer of $30,000 from the General Fund
undesignated reserves to account number 01-1 02-700-780 and amend the 2013 Fiscal
Year revenues accordingly.
DONE AND RESOLVED this 101h day of June 2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
,.~A#
.... ~ r-. City of •
JP"WheatRi_dge
ITEM NO:~
DATE: June 10,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX
INCREMENT FOR APRIL OF FISCAL YEAR 2013 FROM
THE TOWN CENTER PROJECT IN THE AMOUNT OF
$40,505.55 TO THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY
D PUBLIC HEARING
(2] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES (2] NO
c ~oU
ISSUE:
The April 2013 sales tax increment for the Wheat Ridge Town Center Project due to
Renewal Wheat Ridge is $40,505.55. Expenditures over $35 ,000 require City Council
approval.
FINANCIAL IMPACT:
The 2013 budget includes a total of$400,000 for sales tax increment share back with the
Wheat Ridge Urban Renewal Authority (Authority).
BACKGROUND:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14 ,
1981 , which provided for the utilization of property and sales tax increment in the
commercial area east of Wadsworth Boulevard , between West 38 1h Avenue and West 44th
A venue. The property tax increment expired in 2006 , after 25 years. Through an IGA
between the City and the Authority signed on June 26 , 2006, the sales tax increment was
amended so that the maximum increment for the Wheat Ridge Town Center Project paid
to the Authority shall not exceed $100,000 in any fiscal year and the increment was
extended to and including December 31 , 2008 . An amendment to the IGA in October
2007 removed the $100 ,000 annual cap and extended the agreement to and including
Council Action Form
June 10 , 2013
Page 2
December 31 , 2014. In September, 2011 the City Council approved , through Resolution
No. 49-2011 , an increase in the share back from 50% to 100% ofthe sales tax increment
to the Authority through December 31 , 2014 .
RECOMMENDATIONS:
Staff recommends distribution of the sales tax increment for April of fiscal year 2013 in
the amount of $40,505.55.
RECOMMENDED MOTION:
"I move to approve payment of the sales tax increment for April of fiscal year 2013 from the
Town Center Project in the amount of $40 ,505.55 to the Wheat Ridge Urban Renewal
Authority."
Or,
"I move to deny payment of the sales tax increment for the April of fiscal year 2013 from the
Town Center Project in the amount of$40,505.55 to the Wheat Ridge Urban Renewal Authority
for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art , Economic Development and Urban Renewal Manager
Patrick Goff, City Manager
.... ~4~
.. ~ ~ City of •
:?WheatRi_dge
ITEMNO: 5.
DATE: June 10 ,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD RFB-13-20, ASPHALT PATCH
TRUCK TO BERGKAMP INC. OF SALINA, KANSAS,
PRTNERING WITH MCCANDLESS TRUCK CENTER LLC
OF AURORA, COLORADO, FOR A TOTAL COST OF
$138,769
D PUBLIC HEARING
[8:1 BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N° READING
QUASI-JUDICIAL: D YES
-z::~
Director of Public Works City Manager
ISSUE:
The current patch truck has exceeded its useful life and is scheduled and budgeted for
replacement in 2013. On Tuesday, May 28 , 2013 bids for RFB-13-20 , Asphalt Patch Truck,
were due and opened. Four bids were received , two of those met the bid qualifications and two
were deemed non-responsive. The apparent low , fully responsive bidder is Bergkamp Inc. of
Salina, Kansas , partnering with McCandless Truck Center LLC of Aurora , Colorado ,
respectively. The bid price is $138 ,769.
PRIOR ACTION:
None
FINANCIAL IMPACT:
The funds for the purchase of this vehicle are budgeted in the 2013 Public Works Department
General Fund Budget, account number 01-303-800-807 , fleet replacement. The total approved
budgeted amount for the cost of the vehicle, including the cost of the , purchase and installation
of the asphalt patching unit, equipment, lighting, markings , communications and other
miscellaneous equipment is $200 ,000.
Council Action Form
June 10, 2013
Page2
BACKGROUND:
The existing asphalt patch truck, unit #290, is a 1998 International 4900 cab and chassis with a
1998 Pro-Patch asphalt pothole patching unit. The original total purchase price was $98,490.
The current odometer reading is approximately 73,000 miles. The current hour meter reading is
over 10,700 hours. The City's current replacement policy for this type of equipment is 10 ,000
hours and /or 10 years of service. Overall reliability of service is fair based upon the vehicle's
maintenance and repair costs for the last five years, totaling over $16,000. The current condition
of the asphalt patch truck is rated as poor.
Bids received for RFB-13-20, Asphalt Patch Truck, were opened on Tuesday, May 28, 2013.
Four bids were received , two of those met the bid qualifications and two were deemed non-
responsive. The apparent low , fully responsive bidder is Bergkamp Inc. of Salina , Kansas,
partnering with McCandless Truck Center LLC of Aurora, Colorado, to build the specified truck.
The bid price is $138,769.
RECOMMENDATIONS:
Based upon the compliance with the bid specifications, Staff recommends award to the
responsive, low bidder, Bergkamp Inc. of Salina, Kansas, partnering with McCandless Truck
Center LLC , Aurora, Colorado , for the purchase of an asphalt patch truck.
The existing patch truck will be disposed of by auction.
RECOMMENDED MOTION:
"I move to award RFB-13-20, Asphalt Patch Truck, to Bergkamp Inc. of Salina, Kansas,
partnering with McCandless Truck Center LLC of Aurora, Colorado, for a total cost of
$138 ,769."
Or,
"l move to deny to award of RFB-13-20, Asphalt Patch Truck, for the following reason(s):
"
REPORT PREPARED/REVIEWED BY:
Report Initiated by: Greg Knudson , Operations Manager
Report Prepared by: Tim Paranto, Director of Public Works
Reviewed by: Jennifer Nellis, Purchasing Agent
ATTACHMENTS:
1. Bid Tab Summaries
PROJECT: RFB-13·20
ASPHALT PATCH TRUCK
.....
• • City of JP'WheatR.Ldge
DUE DATE/TIME: TUESDAY, MAY 28, 2013 BY 1 P.M. LOCAL TIME
REQUESTED BY: GREG KNUDSON, PUBUC WORKS· OPERATIONS tt
OPENED BY: JENNIFER NEUIS, PURCHASING AGENT T! '1
WITNESSED BY: BRUCE ROOME, DEPUTY OTY CLERK
ot:rgl\dmp mL./
McCandless Truck l<ois Brothers
VENDOR Center LLC Bruckner 's Equipment Co . Transwest Trucks
Salina , KS I Aurora,
LOCATION co Denver, CO Commerce City, CO Commerce City, CO
BIDDER ACKNOWLEDGEMENT FORM YES N/A N/A YES
ACKNOWlEDGE ADDENDA (1) YES N/A N/A NO
ILlEGAL ALIEN COMPLIANCE YES N/A N/A YES
NON·DISCRIMINATION ASSURANCE FORM YES N/A N/A YES
NON-COLLUSION AFFADAVIT YES N/A N/A YES
SPECIFICATIONS PAGES YES N/A N/A YES
WARRANTY INFORMATION YES N/A N/A
J\IIH .
Dis-Qualified • 2 Bids Quoted only the
Submitted, Only 1 Pothole Patcher
OTHER N/A Allowed Per RFB Unit N/A
PIIIONG:
TRUCK CAB & CHASSIS W/MOUHT£0ASPHALT POTHOLE PATCHER : s 136,584.00 s 141,995.00
TRADE -I N CREDIT: none $ (5,000.00)
BASE 810, TOTAL: $ 136,584.00 $ . $ . $ 136,995.00 $ .
OPnONS, POTHOLE PATCHIR:
LEO /WlOW IIOAIIO. s 788 .00 $ 1,995.00
WORKDE(l(: SO Standard s 1,175.00
HYDRAUUC REAR PLATFORM. $0 Standard $ 2,875 .00
HYOIIAUUC HOSE REEL: SO Standard $ 1,450.00
HYORAUUCAUY OPERATED DOORS: $0St<tndard SO Included ($3,368.75) deduct
AJRUNE HOSE REE L s 1,272.00 $ 1,395.00
$0 Included with
TACK Ott HOSE REE L (30 FT ): airline hose reel $ 595 .00
OAIPPAN . $ 125.00 s 395 .00
TOTAL wmtAUOI'TIONS U1,769.00 1*.175.00
2014 International 2014 Freightllner
Tnd Clb & O!anls Dura Star M2l06
WARRANTY INFORMATION Provided 2 Yrs Unlimited Milage
16704 E. 32nd Ave ., Transwest Trucks,
Plru/SeMa l.ocatlon Aurora, CO 80011 Commerce City, CO
Polhole htcher Unit 2013 Bergkamp FPS 2013 Pro Patch
WARRANTY INFORMATION 1 Year Standard 12 months
3040 Emulsion Dr ., ICOIS Brothers,
Paru/SeNice l.oQtlon Salina, 1<5 67401 Commerce City, CO
See other deta ils.
Attachment 1
pogeJ ofJ