HomeMy WebLinkAboutStudy Session Agenda 04-22-13STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
April 22, 2013
Upon adjournment from City Council Meeting
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.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVALOFAGENDA
1. Parkland Acquisition-4100 Gray St.
2. Model Traffic Code (MTC) Amendments
a) Tiered Fine Schedule for MTC Violations
b) Timed Parking Limitations
~ Staff Report(s)
a) 2013 Citizen Forum and Council Retreat Discussion
4 . Elected Officials' Report(s)
~ I~
.:· ~ City of
'"(?.Wheat&__dge ~ARKS AND RECREATION
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor and City Council {"\A
Patrick Goff, City Manager .1!J:J
Joyce Manwaring, Parks and Recreation Director
April 15, 2013
Park Land Acquisition-4100 Gray Street
The single family residential property located at 4100 Gray Street has been offered for sale to the
City. The property is located on the north east comer of 41 51 A venue and Gray Street and is
adjacent to Randall Park on two sides. Randall Park is bordered by 41 51 on the south, 43rd on the
north and between Fenton and Gray Streets on the east and west respectively.
PRIOR ACTION:
City Council adopted the Parks and Recreation Master Plan in November 2006. Included in the
Master Plan are recommendations regarding Facility Additions and Enhancements. Acquisition
of this property is a Master Plan recommendation for Randall Park.
FINANCIAL IMPACT:
The value of the property is estimated by the owner to be between $170,000 and $180,000 based
on recent sale prices of similar properties in the area. A formal appraisal would need to be
completed if the City Council's direction is to move forward with acquisition negotiations.
Conservation Trust Fund dollars are available for the purchase of the property. Use of these
funds would defer the appropriation of$200,000 set aside towards the replacement of the
Anderson Building.
The opportunity is available for this property acquisition to serve as the Jefferson County Local
Government Grant application for 2014. Previous acquisitions are eligible for subsequent grant
applications due to the sensitivity of timing on the purchase and sale of property. The City
would be allowed to apply for up to 50% of the cost of the acquisition.
There will be an additional cost of approximately $25,000 to demolish the existing structure,
install irrigation, and landscape the area.
41st and Gray St Acquisition
Aprill5, 2013
Page 2
BACKGROUND:
The acquisition of this property would expand the park to one city square block. Usage of the
area would not be specifically programmed, but would improve access from the parking lot to
the park on the south west side. This acquisition is one of timing and opportunity, as the
potential to acquire this parcel is dependent on when the property may become available again in
the future.
The house was constructed in 1951 and is 731 square feet on a slab with an attached single car
garage. The land parcel size totals 7, 1 00 square feet. The house on the property would be
demolished if acquired.
ACTION:
Staff is requesting direction on whether to move forward with the acquisition of 4100 Gray
Street. Final contract details will be approved by City Council at a regular meeting in the form
of a resolution and contract approval.
Staff is recommending the acquisition of the property.
JM/kh
ATTACHMENTS:
1) Aerial photo of 41 51 and Gray Street
2) Parks and Recreation Master Plan Recommendation -Randall Park
Park Land Acquisition-4100 Gray Street
Attachment 1
Paramount Park
Paramount Park is in good condition , except for a few
minor enhancements . ADA access should be
provided to the backstop areas of the ballfields , and
new benches installed in and around the playground
areas . The existing half basketball court is crumbling
along the edges and needs to be resurfaced . The
parks and recreation department also maintains a
triangular parcel across 27th Street from the park.
This is an ideal space to establish landscaping and
provide public art in conjunction with the Wheat Ridge
Art League , Wheat Ridge Arts Council. and/or the
Wheat Ridge Cultural Commission
Randall Park
While Randall Park is generally in good condition ,
there are some design flaws that need to be
addressed . The parking lot on the east side of the
park is deeper than necessary . Portions of the
asphalt paving should be removed and replaced with
landscaping . Access from the south parking lot to the
park area is also very difficult. Acquisition and
development of the adjacent corner property as
addition al parkland would greatl y improve this
situation . Lastly , the playground and picnic shelter at
the park are beginning to age and should be
replaced .
Stites Park
While small , Stites Park is a well used amenity in this
area of the city . but it does not function well as a
neighborhood park . This could be addressed by
providing neighborhood park amenities , such as a
picnic shelter and restrooms . Due to its limited size ,
the addition of amenities may be difficult, so
consideration should be given to the acquisition to
property for park expansion . Although there is ADA
access to the playground and basketball court , there
is need for access and concrete walks to the backstop
area of the ballfield . Lastly, the swing set is old and
should be replaced with a more modern model.
Town Center Park
While Town Center Park is rather new and in good
condition, it sits in an obstructed location behind a
fast-food restaurant and adjacent to a shopping plaza
parking lot. As such, the park should be redesigned in
City of Wheat Ridge Parks and Recreat ion Master Plan
Backstop Area of Paramount Park
South Park ing Lot at Randall Park
Stites Parll
conjunction with future redevelopment plans of the surrounding properties .
Recommendations of the Master Plan 4-15
... ~ ~ City of ~Wheat&_dge ~OLJCE DEPARTMENT
Memorandum
TO: Mayor DiTullio and City Co~!
THROUGH: Patrick Goff, City Manager J,l}
Daniel Brennan, Chief of Police
FROM: Joseph Cassa, Support Services Division Chief
Carmen Beery, City Attorney's Office
DATE: April15, 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
201 0 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, 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 12Q3 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 of MTC 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 ($100.00) 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
Staff Report-Tiered Fine Schedule for MTC Violations : Parking for Persons with Di sabilities
April 15,2013
P age2
one thousand dollars, for a second offense or subsequent offenses."
"A person who violates the above, by parking a vehicle owned by a commercial canier,
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 corning 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,
this 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
April 15, 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 I, 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
~ j ~
.. :· ~ ~ City of • .. !PI;Wheat~dge ~MUNlCJPAL 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 of the
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 2010 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
of the 2010 Edition of the 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 fee. Attachment 1
Model Traffic Code Revisions: Parking Privileges for Person with Disabilities Page2
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 violation, 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
information 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 infonnation beneficial if a detennination is made to review the implementation
of a tiered-fine approach.
/kna
Attaclunent A: Parking Fine Survey
Attaclunent B: Wheat Ridge Parking Fines, October 29, 2012
WHEAT RIDGE CHERRY PLATTEVILLE FIRESTONE BLACKHAWK NORTHGLENN
MODEL TRAFFIC CODE VIOLATIONS HILLS
STOPPING, STANDING, PARKING OR ADD 15/30 DAYS DBL FINE/20 DAYS DBL FINE/20 DAYS PAY 7 DAYS OR 3~
1202 ABANDONMENT ON HIGHWAY 35 50+10SC 25 +9 sc NA 30 25
STOPPING, STANDING OR PARKING
1204 ( ) IN SPECIFIED PLACES 35 25 +10 sc 25 + 9 sc 15 30 25
1204(1)(1)(13-2) EMERGENCY ACCESS LANE 50 30 +10 sc 50+ 18 sc NA 30 25
1205 ( ) PARKING AT CURB OR EDGE OF ROADWAY 35 20 +10 sc 25 + 9 sc 15 30 25
1206 UNATTENDED MOTOR VEHICLE 35 20 +10 sc 25 + 9 sc 25 30 25
1207 OPENING AND CLOSING VEHICLE DOORS 50 30 +10 sc 25 + 9 sc NA 30 25
PAY 7 DAYS OR 10(
1208 (5) HANDICAP PARKING 350/600 50 +10 sc 100 + 37 sc 100 100 75
1209 OWNER LIABILITY FOR PARKING VIOLATIONS 35 20 +10 sc 25 + 9 sc NA 30 25
DESIGNATED AREAS ON PRIVATE PROPERTY -
1210 FOR AUTHORIZED VEHICLE 50 20 +10 sc 25 + 9 sc NA 30 25
NOTED BELOW ARE A FEW WHEAT RIDGE ORDINANCE VIOLATIONS. IF YOUR COURT HAS A SIMILAR CHARGE, PLEASE SPECIFY THE FINE AMOUNT
1. SOF + 18 SC
PARKING OF MAJOR VEHICLES OR 2. 75 F + 27 SC
13-2 RECREATIONAL VEHICLES 50/100/200/300 NA 3. 100 F + 37 SC NA NA 25
13-8 PARKING IN ALLEYS 35 NA 25F + 9 SC 15 NA NA
PARKING IN RESTRICTED AREAS
13-62 (i.e. permit parking only) 35 NA NA NA NA 25
26-622 PARKING FOR PURPOSES OF SALE PROHIBITED 50 NA 50 F + 18 SC NA NA 25
ADD ~15 IF NOT FINE DOUBLES NO GRADUATED FINE DOUBLES FINES GO UP TO
SC = SURCHARGE PAID BY DUE DATE IF NOT PAID IN FINES FOR 1ST, IF NOT PAID IN $35 IF NOT PAID
F =FEE (USUALLY 30 DAYS 20 DAYS 2ND, & 3RD 20 DAYS IN 7 DAYS
30% CJ = COMMUNITY JUSTICE SURCHARGE ~lU !>UKLHAKbt OFFENSES -TRUCK/ I KAL I UK
SEMI TRAILER
STAY $75 FLAT FEI
GOLDEN SUPERIOR ENGLEWOOD HAYDEN STEAMBOAT THORNTON BOULDER AURORA LAKEWOOD COLORADO I
SPRINGS SPRINGS
ADD 25/14 DAYS DBL FINE/14 DAYS 1ST, 2ND, 3RD OFF
50 30 20 NA 50/RED TAG ABAND 30/40/50 -30 40 so
25 30 20 85 so 30/40/SO 2S 30 40 30-SO
50 30 20 {50 FIRELANE) 85 so 30/40/SO 50 30 40 so
IF SIGN NO PARK*
25 30 20 85 0/50* 30/40/50 25 30 40 50
IF SIGN NO PARK'"
25 30 20 85 0/SO* 30/40/50 -30 47 60
DEFINED AS
2S 30 -8S MOVING VIOL 30/40/50 100 90 40 50
75 50 100 200 100 100/150/200 112 100 100 100
-? FINE ASSESSED
2S 30 -85 TO REG OWNER 30/40/50 --NA 50
DO NOT HANDLE IF FIRELANE
100 30 -8S NA 60/80/100 - -20 60
HAS COLLECTION
AGENCY (70% TO AGENCY)
DO NOT ALLOW
OVERNIGHT
NA NA 25 85 CAMPING NA -30 60 80
NA NA 20 85 50 NA 20 30 40 40
PERMIT PARKING
30 NA 20 85 so NA 15 30 20 50
NA NA 20 8S so NA -50 40 50
ADD ~25 IF NOT -FINES DOUBLE IF -1ST OFFENSE
PAID WITHIN NOT PAID 14 DAYS WITHIN 24 MONTHS
25 DAYS -HOURLY PARKING 2ND, 3RD FINES
RESTRICTIONS ARE -IF t"KU ...,.)Al
GRADUATED ONLY PASSES WILL GO
-UU NU I HANULt TO FLAT $3S FINE,
PRIVATE PARKING $70 FIRE LANE,
WITHIN c:JTV ~10'> HANnlrAP
WHEAT RIDGE PARKING FINES
Oct. 29, 2012
1202 Stopping, Standing, Parking, Abandonment-
1204 Stopping, Standing, Parking specified places -
1204 Emergency access lane
1205 Parking at curb or edge of roadway
1206 Unattended motor vehicle
1207 Opening vehicle doors
1208 Handicapped parking
1209 Renter/owner liability for parking violations
121 0 Designated Area on Private Property
13-2 Major Motor Vehicle
13-8 Parking in alleys
13-62 Parking in restricted area (permit)
26-622 Parking for sale prohibited
0
Christopher D Randall
Attachment B
$35
$35
$50
$35
$35
$50
See ordinance
$35
$50
See ordinance
$35
$35
$50
(CI No vehiCle shall be releasad from . torage Mter towmg
un .ss and untt! all tOWtl19 and sr.orege charges have been
pa~, and all admtnl61rat ve c. arges speclf1ed Jn tn 1s seer on
1203 have oeen pa1d . at evtckmce •s presented by tfie Wheat
R;dge Pollee Departmer.t u"l tne mumc:ipal court ttlat the ri ghts
granted u nder sect•oo 1203(~)(b)(2) of t!'lt code have been
invoked fn the event any towang tS found to be •tnproper all
costs fo r toWJng and storage shall be retmbursed by the cliy to
~he owner ·
{1 0) S ectloo 1204 concern1ng stopptng stand:ng or paOc.tng '"
speetf1ed places, •s hereby amended by the adO!tton of a new
subsect io n 12 0 4 f1 }{I to read as follows
"(H Wathm destgnaled and marked emergenc~r access lane .... so as
to obstruct such access lanes anywhere w •ttlm the mun,ctpahty of
~he Ctty of Wheat Rtdge whether upon public or pnvate property
except emer.gen~y vehicles (1 e pollee car . 1re department
\'eh 1ctes ambulances EMT vehtcfe$ etc dunng the answenng of
a n emergency calL··
(1 1) S C/1011 1208 con <,erntng p ell "'9 pr 1lege ~ ' r persons w1th
d sat 11 e5 !i> ht:r~o 1 am nat:d nv Clete mg Subsect1or '7; an a
an .e n d1n g the language of suose ct ons 5) an (6 o rea it ·
f.oU o~
"(5) No petson shall stop . stand or parte a vehicle exce~t when
necessary to a'lotd confllc With other trafftc or .n comphance
w•th dtrectrons of a pohce officer 1n a zone that 1s designated
as a handicapped parkmg area ;n a manner whteh obstructs or
may obstruct the use of the des1gnated handicapped paf1(ing
area by a vehtcle w•th dasttngwshmg bc:~nse pfates or by a
vehJcfe w1th an 1dentlfying p lacard md1catmg that the occupant
of sau.1 vehtcle •s .a person with a disab1l•ty as defined herem
untess the veh:cie l'las a d•shngulshsng l1eense plate or an
tdent•fytng placard rndicatlng that the oc~upan1 of sa•d veh1cle
•s a person With a d sabtl ty
(6) {a) A person who does not have a atsa .1hly and whc exerc1ses tt"le
privilege defined tn subsection (2) of th1s &ectton or who
vtolates subsedton (5) or ( 10) of thrs section commtts a class 8
haft c tnfraclton punashable by a mintn um fme of tnree rtundred
ftfty dollars. not to exceed one ,housand dollars. fo the 1rsi
offen::;e and a mtnrmum ftne of six hiJndmd dollar . not to
exceed one thousand dollars, for a t;econd offense or
subseq uent offenses
( b ) A person who "''olates thtr. sub&ection (6) by part<Jn a veh1c1e owned
by a commercral earner . as defined in section 42-1,102 {11/. shall be
subject to a ftne of up to twrce the penalty imposeo 1n paragraph (a)
of th s s.ubsectton (6) not to e'-ceed one thousand dollars
9
Attachment 2
{7) A person who does not have a dtsabthty and who uses an
tdenllfymg l;cense plate or placard m order to recetve the benehts
or pnvlleges ava1lable to a person w1lh a d1sab1hty under thiS sectton
commits a misdemeanor pumshable by a mimmum fine of three
hundred fifty dollars . no~ to exceed one thousand dollars.. far the
ftrsl offense and a mm1mum fme of stx hundred dollars, not to
exceed one thousand dollars for a second offense or subsequent
offenses.
(6)(a) .A. peace off1cer or authorazed parkmg enforcement offtCfal may check
the trlenbficattOn of any person ustng an 1dent.fymg ltcenS& plate or
placard m order to determme Whether such use ts authonzed
p 2! Sect1on 1407 concerr:~ng spt!hng lcaos on h•ghways ts arnenoed
!o cead as follows
·· i 40r Sptlhng loads on streets or hrghways prohtb1ted
( 1) No vehtcle shall be dnven or moved on any street or highway
unless such vehrcle IS construCted or loaded or the load
thereof securely covered to prevent any of its load from
d.ropping . sifttng. Jeakrng or otherwtse escap1ng therefrom.
except that sand may be dropped for the purpose of secunng
tract1on or water or other substance may be spnnkled on a
road\vay tn cleanang or mamtamrng such roadway
(2) \:'rola\lcm of th1s sect1on const1tutes a lfafftc lr:fractton In tl1e
event lhat a veh1cle unlawfully sp1lls rts load or: pubhc property
the dnver and/or owner of soch vehrcle shall be liable to the
crty f01 any damages caused by such spill In addrtron. rf c•ty
employees must take any act•on m removal or m1trgatron of
such a spill. lhe dnver and/or owner shall als.o reimburse the
c1ty or tt'l employees' r&rrlovat or mrtlgatton efforts at the rate of
one hundred dollars ($100 00} for any response last1ng less
than one {,) hour "
( 13) Part 14 concernrng other offenses . •s hereby amended by the
addrtton of a new section 1416 to reao tn 1ts ent1rety as follows·
"1416, Dnvmg through pnvste property or drweways.
(1) It •s u11fawful for any person to drwe from a public street or
public way of th1s etty over across or through any pnvate
dmteway to avo1d traff1c-contfol signals stop sigm; or other
!faffic-.con rol devtces or as a route or shortcut from one {1)
pubhc street or pvbllc way to another
(2) As used in subsection (1) of thrs sectron · pnvate property'
tncludes bu. is not hm11ed to any property not dedicated as a
pubhc street oi publtc way . alley. nght-of-way or easement
" ~ A " .. "' City of ~Wheat&_dge ~O LI CE D E PARTMENT
TO:
VIA:
FROM:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor DiTullio and City Co~
Patrick Goff, City Manager..W
Daniel Brennan, Chief of Police
April15, 2013
Timed Parking Limitations
Part of the process of the West 38th Avenue realignment was the creation of on-street parking, to
include the posting of parking signs limiting parking to two hours along this corridor between
Wadsworth and Sheridan Boulevard. Staff discussed creating an amendment to the Model
Traffic Code (MTC) that would allow the Police Department to enforce parking time limit
complaints; however, it was determined that staff would evaluate parking complaints to
determine if an amendment to the MTC was necessary.
The Police and Community Development departments have since received inquiries and citizen
complaints regarding the timed parking limitations along this corridor.
BACKGROUND:
The West 38ih Avenue corridor between Wadsworth and Sheridan Boulevard has been identified
as a high priority redevelopment area. In certain business and retail areas along this corridor, .
there is limited parking, and it is important to have parking spaces with timed parking
limitations , to allow availability for customers to park, do their business , and vacate the space so
that other customers can be served. The City posted signs along the aforementioned corridor,
limiting parking to two hours; however, there is no provision to the MTC that would allow the
enforcement of timed parking limitations.
The City of Arvada has recently implemented a parking ordinance to create timed limited
parking areas in the area ofOlde Town , to address anticipated parking issues around stops ofthe
Gold Line commuter rail in this area.
RECOMMENDATION:
Staff is recommending adding language to the MTC, Section 1204 , Stopping, standing, or
parking prohibited in specified places.
Staff Report -Timed Parking Limitations
April 15,2013
Page 2
The current language states:
1204. Stopping, standing, or parking prohibited in specified places.
(6) This local authority, with respect to highways under its jurisdiction, may place
official traffic control devices prohibiting, limiting, or restricting the stopping,
standing, or parking of vehicles on any highway where it is determined , upon the
basis of a traffic investigation or study, that such stopping, standing, or parking is
dangerous to those using the highway or where the stopping, standing, or parking of
vehicles would unduly interfere with the free movement of traffic thereon. No person
shall stop, stand , or park any vehicle in violation of the restrictions indicated by such
devices.
It would seem that with continued retail growth in this commercial area, complaints will
increase. Staff recommends that language be added to the Model Traffic Code, Section 1204 (6)
to include:
Parking violations involving signage, generally.
Timed parking limitations. When a traffic control sign is placed or posted giving
notice that no vehicle may remain parked for longer than the time specified on the
sign , it shall be unlawful for any person to park a vehicle longer than the maximum
time specified on the sign.
Adding this language will give the Police Department the ability to respond to citizen or business
complaints regarding parking, and take enforcement action if it is warranted . This amendment to
the MTC does not alter or change City requirements for parking permits in restricted areas .
Parking fines are established by the Municipal Court. Any financial impact from the creation of
this parking amendment will be slight.
Staff is seeking City CounciJ direction regarding the aforementioned amendment to the Model
Traffic Code.
C: Kersten Armstrong, Court Administrator
Tim Paranto , Public Works Director
Ken Johnstone, Community Development Director
JL/DB /ck
'~ 4 ~
.. ~ r City of • --~WheatN_dge ~OFFICE OF THE CllY MANAGER
Memorandum
TO: Mayor and City Council
FROM: Patrick Goff, City Manager
DATE: April 10, 2013
SUBJECT: 2013 Community Forum and Council Retreat
The 2013 Mayor and City Council Strategic Planning Retreat will be held on the evening
ofMay 17th and the morning/early afternoon ofMay 18th. This year, a Community Forum
will be held prior to the Retreat on the evening of May 7th. The goal of the Forum is to
obtain qualitative data from the opinions of residents and better understand their priorities
for the community to help shape the city's strategic plan. Topics for the Forum could
include, but are not limited to, the following:
• Council Vision and Goals
• Priority Based Budgeting result definitions
• Community programs and services
• Alternative revenue sources
• Specific policy questions , e.g., potential tax increases
Both the Forum and the Retreat will be facilitated by Marcia Hughes from Collaborative
Growth. Ms. Hughes facilitated Council's retreat in 2012.
Following is a draft agenda for the Retreat:
• Summary of Community Forum
• 2011-2013 Action Items and Accomplishments
• Review of Vision and Goals
• Issues Facing City Council for 2013/2014
• Consideration of Items for 2013/2014 Action Agenda
• Dream Outside of the Box: What do we want for Wheat Ridge in the Future
• Fiscal Sustainability
• Council Rules and Procedures
Staff would like direction/confirmation from the Mayor and Council on the following
items:
I . Community Forum on Tuesday, May 7th from 6:00p.m. to 8:00p.m. Dinner will
be provided. Location to be determined.
Study Session Staff Report
April15 , 2013
Page2
2. The Forum will be open to all Wheat Ridge residents but will be limited to the
first 100 residents to RSVP and weighted by Council Districts.
3. Council's role in Forum
4. Forum Agenda and format
5. Mayor and Council Retreat on Friday, May 17th from 5:30p.m. to 9:00p.m. and
Saturday, May 18th from 8:30 a.m. to 1 :30 p.m. Dinner, continental breakfast and
lunch will be provided. Location to be determined .
6. Retreat Agenda