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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 .... "' " " Cl. ;::; ,;; N ~ 0 0 ~ ' ~ • , -~ 0 ~ I ;::: N ~ .,. • _,. I NW 1/4 OF THE SE 1/4 SECTION 23, 3 1/4" ALLOY CAP IN RANGE PO INT BOX, CAP STAMPED "LS 13212." r~389' II . . ' . 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NE 1/4 SE 1/4 + / + / v+ I / / 1 I r - SCALE 1"= 10' ----------------0 0 5 10 LEGEND ~::::·====~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 ~ s J I 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 ... ... .... l ... w w w w w .... 1!: w w 1!: 1!: 1!: II) II> II) II) ~ 1!: II) :1 < .... 0 r---"' ~ 3 V> W 43RD AVE )! ~ ~ ~ REED ST. 9.19 ffi 11WE SQUARE l ::::; ~ ~AUSERS ~ SITET .. ..... w 42ND AVE 0 >-< l:l 5 a: ~ II> "' F w 0 0:: W 41ST AVE( ~ ~'-~ II) II) ~ :::l < ~ <> " :I: i~ ~ SUSOIIIISION ---SUBOMSIOH ~ ==-F=~==~==~==~~==~=r==~======~ ~ tllllES: STE\IENS E.S. ..urtRSON COUNTY SOiOOl DISTRICT 1\HEA T Rile£ .115 i II) 0 z < ~ w z ( ( VIQit:Ht MAP SCALE: 1" • 500' ... w w 1!: .... .... ~ .... W 40TIH AVE 1!: II) II) :1 < :r >-~ W 39TIH AVE II) "' < "' 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· - I J 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 I L I I I I r--- 1 I I I I ~ I I I ~ I I I 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 --t- 1 I I I UNPlATTED VERNAL SHAW REC. lf0947217 BOOK 604 AT PAGE 3~ R-2 -t I I I I 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 I I ..: WEST 42ND AVENUE LOT 9 CHAMBERS SUBDI\ISION BEVERLY A SOLOMAN REC. #2011058142 R-2 I I I I I I I I I 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 _ 1 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