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CR 93-191 Amend Ordinances 1306 & 1307 ,--'" 'tfi '. , "I Y .' , 0 v '" :CO: . November 8, 1993 OPKI~ Council Report 93-191 Amend Ordinances 1306 and 1307 Residential Disabled Transfer & parking Zones Prooosed Action. Staff recommends the following motion: Move that Council adoot for first readina Ordinance 93-734 amendina Sections 1306 and 1307 of the City Code. Overview. In 1991 Council undertook two readings of the current ordinances concerning residential disabled transfer and parking zones and they became effective that same year. To date only one Hopkins resident has made use of the new City Code by obtaining a permit. Quite recently staff of the Church of st. John the Evangelist submitted a request and the $25 permit fee for a disabled transfer zone at 6 Interlachen Road. Staff returned the fee and explained that under current code provisions the church was not eligible for a transfer zone. st. Johns Church thereupon submitted a request to amend the city Code. Primary Issues to Consider. . . Equity of site restrictions . Details of ordinance amendments . Recommendation Suoportina Information. . Letter of request from st. Johns church . city Code - Current sections 1306 and 1307 . Ordinance 93-734 ~~_. J s Gessele Engineering Superintendent . ... ~" , .' " . Analvsis of Issues. . Equity of site restrictions At the time of first and second readings of the current ordinances concerning residential disabled transfer and parking zones, there was considerable discussion of site restrictions within the code. The location of zones, from the original proposals to the subsequent enactment of the code, has been restricted to residential areas. Businesses, churches, non-profit organizations and parking lots are ineligible for transfer or parking zones. The rationale for the restrictions was based on several factors: 1} control the number of potential applicants that already have similar zone facilities; 2) reduce the possibility of abusive zone use by limiting the number of applicants; 3) emphasize use of disabled parking areas in parking lots instead of using the street; 4) public safety concerns -restrictive parking in business areas would make transfer zones a safety and regulation problem. Staff anticipated some issues that would be raised by site restrictions and mentioned them in the report to Council dated April 9, 1991. In particular, limiting transfer and parking zones to residential areas could be construed as discriminatory to businesses or churches without similar facilities and thus discriminate against disabled individuals '. who need unrestricted access for conducting business or worship. Situations could also arise where ordinance intentions became contradictory. A disabled individual could need the facilities of a transfer zone to gain access to a doctor's office, yet the office location would preclude getting a City permit for a transfer zone. Staff considered the alternative of unlimited access to transfer and parking zones and cited the negative impact of such a policy. There would be a marked increase in manpower and expenditures, all for installation and maintenance of signs. There would be a proliferation of parking and transfer zones that would reduce the number of parking spaces, create traffic hazards on narrow streets and increase the potential for abusive use of the zone service. Taking all of this into consideration, staff recommended the ordinances that stand today. . Staff still stands much by its original assessment and recommendations but feels a second look should be taken regarding ineligibility of churches for zone permits. This is prompted in part by the request from st. Johns Church to amend the City Code. It is also prompted by other factors: 1) Most churches in Hopkins are located in residential areas and granting of zones would have less an impact on . street parking than in commercial areas. The limited number of churches also makes it unlikely that - , .', . relaxation of the restrictions to include churches would contribute to a proliferation of zones. 2} st. Josephs Church was granted two handicap parking signs at some unknown time in the past. 3) One other church in Hopkins reportedly places their own temporary parking signs at curbside on worship days, thus completely circumventing City regulations of traffic signs. · Details of ordinance amendments Section 1306 - Residential Disabled Transfer Zone Staff recommends deleting 1306.13 of the current code and substituting new language that more effectively regulates signs and zone boundaries of a transfer zone. Staff recommends new language concerning ramp accessibility at the transfer zone. It is not altogether clear from new A.D.A. standards whether ramps are necessary. The additional code language covers the permittees obligation to keep the transfer zone in compliance with federal and state statutes. section 1306.14 concerning eligibility would be amended to drop its restriction on churches. . Section 1307 - Residential Disabled parkinq Zone Staff recommends deleting 1307.13 of the current code and sUbstituting new language for reasons as listed above under 1306.13. section 1307.14 with language identical to 1306.14 should be added. This paragraph concerning eligibility was inadvertently omitted in the original passage of the ordinance. The new paragraph does retain a restriction on churches in that they will not be eligible for a disabled parking zone if adequate off-street space is available for disabled parking. · Recommendation Staff recommends adoption of the ordinance amending current city Code Sections 1306 and 1307. This includes lifting restrictions on churches in obtaining .residential disabled transfer and parking zone permits and places responsibility of zone access and compliance with state and federal statutes with the permittee. . - -- - . THE CHURCH.OF ST JOHN -,ANGi October 20, 1993 Mr. Jim Gessele City of Hopkins 10 10 First Street South Hopkins, Minnesota 55343 Dear Mr. Gessele: The Church of St. John the Evangelist is requesting the City of Hopkins to review and amend the Hopkins City Code Section 1306.14 - Residential Disabled Transfer Zones, Ineligibility. We ask that Churches, as non-profit organizations, be exempted under the ineligibility clause. St. John's is interested in this change to allow our handicapped persons access to our building . at our only unrestricted entrance. We feel that an amendment to that clause will benefit all churches within the City limits. Please. request the Hopkins City Council consider this request at their earliest convenience. Sincerely, ~~~ Carole Keehn Business Administrator . - 6 INTERLACHEN ROAQ HOPKINS, MN 55343 (612) 935-5536 ., Hopkins City Code 1306.01 . Section 1306 - Residential Disabled Transfer Zones 1306.01. Residential Disabled Transfer Zones Established. The City may. establish, administer, and regulate residential disabled transfer zones. 1306.03. General Rule. A disabled transfer zone is for the specific purpose of providing a location for disabled individuals to. board a vehicle in a residential area. 1306.05. Prohibited Parking. Subdivision 1. Unattended Vehicle. No person may park an unattended vehicle in a disabled transfer zone. If a vehicle is parked unattended in this zone the city may ticket the vehicle and/or tow it. Subd. 2. Standing Vehicle. No vehicle may stand in a disabled transfer zone unless the specific purpose is to allow vehicle boarding by disabled persons. 1306.07. Eligibility. Any person requesting a disabled transfer, adjacent to their residence, must be disabled as specified in M.S. 169.345, Subd. 2. 1306.09. Approval. Subdivision 1. Council A~~rova1. Any request by a citizen for a disabled transfer zone must be approved by the City Council. Such approval shall be in the form of a resolution. ~ Subd. 2. Procedure. When an application for placement of a disabled transfer ;r. zone is received the city must notify residents within a 350 foot radius of the proposed transfer zone location at least 10 days prior to the, application being considered by the council. The notice shall indicate the location requested, and the time and date the application will be considered. 1306.11 Fees. Subdivision 1. Payment. Any person with adisahled transfer zone adjacent to their residence must pay an annual permit fee. The permit fee amount shall be set by the City Council and may be amended from time to time. The applicant must submit an application annually, and pay the annual fee by the anniversary date of approval. Subd. 2. Failure to Pay. If the annual application and renewal fee is not paid in full by the anniversary date, the disabled transfer zone will be removed by the city. The resolution to create the transfer zone then becomes void. 1306.13. Designation of Disabled Parking Zone. Subdivision 1. Signage. A Disabled transfer zone will designate boundaries by using two signs, each with the blue and white wheelchair symbol, and with the following statements: 1. Arrow indicating that between signs, Disabled Transfer Zone; 2. Violators find up to $200; and 3. No Parking. Each sign will be placed 20 feet a part and face toward the street~ The space between the signs is the transfer zone. 1306.14. Ineligibili ty. No disabled transfer zones will be allowed for private businesses, churches, non-profit organizations, or parking lots. . (Added Ord. No. 91-677) -- ,. -~ > -, Hopkins City Code 1307.01 ~ Section 1307 - Residential Disabled Parking Zones 1307.01. Residential Disabled Parking Zones Established. The City may- establish, administer, and regulate residential disabled parking zones. 1307.03. General Rule. Subdivision 1. A residential disabled parking zone is for the specific purpose of providing a location for disabled persons to park a vehicle in a residential area. This zone is not intended for the specific use by one individual, nor can any of the privileges of this service be denied to any person, or vehicle, meeting the guidelines as stated in Section 1307.05. Subd. 2. Street Maintenance. All city ordinances and resolutions for street cleaning, maintenance, and snow plowing must be abided by any person parking in this zone. 1307.05. Certificate Required. No person may park a vehicle in a disabled parking zone unless the vehicle bears ,a certificate, or license plates, which specify the vehicle as transporting disabled persons. Reference: M.S. 169.345. If any vehicle is parked in this zone that does not meet these specifications the city may ticket and/or tow the vehicle. 1307.07. Eligibility. Any person requesting a disabled parking zone, adjacent to their residence, must be disabled as specified in M.S. 169.345, Subd. 2. .~' 1307.09. Approval. Subdivision 1. Any request by a citizen for a disabled , parking zone adjacent to their residence must be approved by the City Council. Such approval shall be in the form of a resolution. Subd. 2. Procedure. When an application for placement of a disabled parking ,zone is received the city must notify residents within a 350 foot radius of the proposed parking zone location at least 10 days prior to the application being considered by the council. The notice shall indicate the location requested, and the time and date the application will be considered. 1307.11. Fees. Subdivision 1. Payment. Any person with a disabled parking zone adjacent to their residence must pay an annual permit fee. The permit fee amount shall be set by the City Council and may be amended from time to time. The applicant must submit an application annually pay the annual fee by the anniversary date of approval. Subd. 2. Failure to Pay. If the annual application and renewal fee is not paid in full by the anniversary date, the disabled parking zone will be removed by the city. The resolution to create the transfer zone then becomes void. 1307.13. Designation of Disabled Parking Zones. A disabled parking zone, in ~ residential area, will designate boundaries by using two signs, each with the blUE and white wheelchair symbol, and with the following statements; 1. Disabled Parkin, Zone, 2. Violators fined up to $200, and 3. No Parking. Each sign will be placed 2 feet a part and face toward the street. The space between the signs is the parkin \ zone. ~ (Added Ord. No. 91-678) - i ' "- ;. " <- HENNEPIN COUNTY, .MINNESOTA . ORDINANCE NO. 93-734 AN ORDINANCE AMENDING SECTIONS 1306 AND 1307 HOPKINS CITY CODE RELATING TO RESIDENTIAL DISABLED TRANSFER AND PARKING ZONES THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, DOES ORDAIN: Section 1. The Hopkins City Code, Sections 1306.13 and 1306.14 are hereby amended by substituting the following paragraphs to read as follows: 1306.13 Desianation of Disabled Transfer Zone. Subdivision 1. Signs. A disabled transfer zone will designate boundaries by using two signs, each as specified by Minnesota State Statutes and the Manual for Uniform Traffic Control Devices. Each transfer zone will be 20 feet in length and signs will be placed facing the street. The space between the signs is the transfer zone. Subdivision 2. Access. The disabled transfer zone shall comply with current federal and state statutes, insofar as they apply, concerning ramp . accessibility. It shall be the responsibility solely of the permittee to bring the disabled transfer zone into compliance with such regulations, including, but not limited to, the installation of ramps. 1306.14 Ineliaibilitv. No disabled transfer zones will be allowed for private businesses, non-profit organizations (excluding churches), or parking lots. Section 2. The Hopkins City Code, Section 1307.13 is. hereby amended by substituting the following paragraphs to read as follows: 1307.1.3 Desiqnation of Disabled Parkinq Zone. Subdivision 1. Siqns. A disabled parking zone will designate boundaries by using two signs, each as specified by Minnesota State Statutes and the Manual for Uniform Traffic Control Devices. Each parking zone will be 20 feet in length and signs will be placed facing the street. The space between the signs is the parking zone. Subdivision 2. Access. The disabled parking zone . shall comply with current federal and state statutes, insofar as they apply, concerning ramp - - - 'l! f"'" .2<. ! :'1 ~. .1 ~ I I ! i I accessibility. It shall be the responsibility . I solely of the permittee to bring the disabled I parking zone into compliance with such regulations, including, but not limited to, the installation of i ramps. ! i I . The Hopkins City Code, section 1307, is hereby Sect~on 3. ~mended by adding the following paragraph to read as follows: ! 1307.14 Ineligibility. No disabled parking zones will be i allowed for private businesses, non-profit I organizations (excluding churches), or parking i i lots. Churches shall be "ineligible if it can be , I demonstrated that adequate off-street space meeting I' i building and inspection code requirements is available for disabled parking. I I ! section 4. This Ordinance is effective subject to the following: i First Reading November 16, 1993 I I Second Reading December 7, 1993 I Date of Publication December 15, 1993 i i Effective Date of Ordinance January 4, 1994 i I I I I J i . i i I I I I Charles D. Redepenning, Mayor ! I ATTEST: I i I I ! Genellie, city Clerk ! James A. I i ! i I I I ! : J I I ! i i i I i i i .- I i I . i I I