CR 91-144 Request Disabled Transfer Zone Fee Waiverc:
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'S o P K ` lt� 5
June 26, 1991
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Council Report # 91 -144
REQUEST FOR DISABLED TRANSFER ZONE FEE WAIVER
Proposed Action.
Staff recommends adoption of the following motion: Move to grant Agnes
Kaspar's request for a disabled transfer zone within the guidelines of
the disabled transfer zone ordinance.
Agnes Kaspar has requested the disabled transfer zone fee to be waived
in her application for a disabled transfer zone. The implication of
adopting this motion is that Agnes Kaspar would be required to pay the
annual fee.
Overview.
Agnes Kaspar has applied for a disabled transfer zone and has
requested that the annual fee be waived, stating that the fee is too
expensive and she can not afford to pay it.
If Agnes Kaspar's request is granted the disabled transfer zone
ordinance would have to be amended. Amending the ordinance; and thus
removing the fee requirement would dramatically alter recently adopted
city policy on disabled transfer and handicapped zones.) „
Supporting Information.
o Detailed background.
o Recommendation.
o Disabled transfer zone ordinance.
o Agnes Kaspar's application for...
j'- 1 P, 11 ,
J
Scott R. Thompson, Administrative Intern.
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CR: 91 -144
Page: 2
D tailed Background.
A Hopkins resident, Agnes Kaspar, has submitted an application for a
disabled transfer zone and requested the fee to be waived. Currently,
she has a disabled parking certificate, and she has submitted a
statement by her physician stating that she is disabled. Based on the
disabled transfer zone ordinance she has meet the basic application
requirements for obtaining a zone.
This issue is about Agnes Kaspar's request to have the fee waived. She
has stated that it is too expensive and she can not afford to pay it.
The disabled transfer zone application clearly states that an annual
fee is to be paid by the individual who is applying for the zone. The
annual fee requirement is in the transfer zone ordinance, and the fee
amount is set by resolution.
Rationale for having a fee is to assist in paying the costs of having
this service. Public Works has estimated the cost of signs and sign
placement around $75 per zone. Administrative and law enforcement
costs have not been factored into the overall costs of providing this
service. Based on the nature of this type of service (disabled parking
zones have required a disproportionate amount of police attention.) it
is likely that annual costs of administration and law enforcement will
exceed $25 per year (the current annual fee amount). The annual fee of
$25 was established to help replace the cost of the zone signs over a
three year period.
If the city was to waive the disabled transfer,zone fee based on Agnes
Kaspar's request the city council would have to amend the city code
with an ordinance. The disabled transfer zone ordinance specifically
requires a fee for this service and city would not recover any costs
for providing it if the fee requirement was removed. If the city
council amended the fee amount, thus changing the fee paid by Agnes
Kaspar, it would not be equitable for other citizens applying for this
service. Establishing different annual fees for different individuals
is not equitable and it would be poor public policy to arbitrarily set
fee amounts with out an established set of criteria.
R commendation.
Th city should not amend the city code giving Agnes Kaspar a f
waiver based on the following reasons
1) The city code requires an annual fee payment for receiving the
service. There is no legal way to waive the fee for one person and
require it from another. The fee requirement must apply to every one
40 requesting the service, or it shouldn't apply to any one.
2) The current fee is very low relative to the benefits derived from
this service. The city does not have to provide this service, it is
not mandated by another jurisdiction.
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Page: 3
3) The current fee amount does not cover all of the annual costs of
providing the zone. The annual fee is only a portion of the total cost
of this service, it does not include administrative or law enforcement
costs. The city is subsidizing the cost of providing this service.
4) If the fee amount is altered and arbitrarily set for different
individuals it would not be equitable. It is poor public policy to set
different fee rates for different individuals.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 91 -677
Residential Disabled Transfer Zones
BE IT ORDAINED by the Council of the City of Hopkins as
follows:
SECTION 1. That section 1306.00, Disabled Transfer Zones be
added to the city code to read as follows:
1306.01 Residential Disabled Transfer Zones Established.
The City may establish, administer, and regulate residential
disabled transfer zones.
1306.03' 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. 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.
Subdivision 1. 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. 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.
Subdivision 1. Procedure. When an application for placement
of a disabled transfer 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. Any person with a disabled 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.
Subdivision 1. 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.
13.13 Designation of Disabled Transfer Zone. 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.
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.
Subdivision 1. No disabled transfer zones will be allowed
for private businesses, place of worship, non - profit
organizations, or parking lots.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
1991
1991
1991
1991
Mayor
Attest:
City Clerk
rt
APPLICATION FOR DISABLED PARKING OR TRANSFER ZONE, - _.
Please check: Disabled Transfer Zone
Disabled Parking Zone
Name: �y ► Y �� 1 /75
Street Address: / (� � Z
�Y a
City: 1�n Zip Code: S '13
Phone Number: 3 C�
Nature of Disability : - s / S6- 4St e —
Licenseffi Physician or chiropractor certifying your disability:
MN Statute 169.345, Subd. 2a specifies that a statement must be
signed by a licensed physician or chiropractor certifying that
the applicant is physically disabled.
Desired location for Parking Zone o Transfer Zone:
A Parking Zone is designated for handicapped parking only. Any
vehicle with a handicapped license plate and /or certificate may.
park in the Zone'. A Transfer Zone is designated for picking -up
and dropping off disabled individuals. Any vehicle may use the
Transfer Zone for this purpose. No vehicle may park,in.a "
Transfer Zone. A fee of $25.00 must be paid each year for a
Parking Zone or Transfer Zone.
I
U1J_LUNt.FRM 5/31/91
y
APPLICATION FOR DISABILITY PARKING CERTIFICATE
a
FOR OFFICE USE ON LY
Certified Number
MOW
To Be completed by: DISABLED INDIVIDUAL
Licensed drivers may be required to retest for their drivers license. Any misuse or reproduction of the certificate issued
will result in the revocation of the parking privilege and /or a fine of not more than $500.00
Full Name (Please Print)
h�
Date of Birth
- ryas
1 &-
.5
Address /
Are you a licensed driver ❑ Yes o
Drivers license number
aty. Sca Zip
� �
s S
Have you received a disability parking certificate after January 1, 1988? ❑ Yes a
If yes, please give certificate number
I hereby certify the above information is complete and accurate to the best of my knowledge. I also give permission to my
physician to supply the information requested.
4 ". Q
Signature Date —
To be completed y: PHYSICIAN /CHIROPRACTOR
PLEASE NOTE: FAILURE TO GIVE COMPLETE AND ACCURATE INFORMATION REGARDING THE DISABILITY MAY RES(JLT IN THE
IN THE CANCELLATION OF THE APPLICANTS DRIVING PRIVILEGE OR MAY CAUSE THE APPLICANT TO RECEIVE A REQUEST
FOR ADDITIONAL MEDICAL INFORMATION.
To be eligible for a disability parking certificate the applicant must meet one or more of the below described definition(s) of
a "physically handicapped person ". Check which definition(s) the applicant meets.
1. The applicant has a cardiac condition to the extent that the applicant's functional limitations are classified in severity
as Class III or Class IV according to standards set by the American Heart Association;
❑ 2. The applicant uses portable oxygen;
❑ 3. The applicant has an arterial oxygen tension (PA02) of less than 60 mm /Hg on room air at rest;
Q_ 4. The applicant is restricted by a respiratory disease to such an extent that the applicant's forced (respiratory) expiratory
volume for one second, when measured by spirometry, is less than one liter; ��U/ ; G. �� �.. ` 4
❑ 5. Because of the disability applicant cannot walk without the aid of another person, a walker, a cane, crutche , braces,
a prosthetic devise, or a wheel chair; ( PLEASE CIRCLE IMPAIRMENT)
If prosthesis is needed please specify:
❑ 6. Because of disability applicant cannot walk 200 feet without stopping to rest.*
Must specify disability
❑ 7. Because of disability applicant cannot walk without a significant risk of failing.*
❑ 8. The applicant has lost an arm or a leg and does not have or cannot use an artifical limb.
❑ 9. Because applicant has a condition that would be aggravated to such an extent that walking 200 feet would be life
threatening.`
*Must specify disability
THIS DISABILITY IS: ❑ Temporary O' Permanent If TEMPORARY, STATE DURATION
In your medical opinion, does the applicant's listed disability interfere with the safe operation of a motor vehicle?
❑ Yes 4R17 No If Yes, please specify
A YES ANSWER MAY RESULT IN CANCELLATION OF DRIVING PRIVILEGE.
FAILURE TO ANSWER THIS QUESTION RESULTS IN A REQUEST FOR A MEDICAL REPORT
I certify, by my signature as a licensed physician or chiropractor, that , in my professional opinion, meets the
definition(s) 1 have checked above and is entitled to the applied for parking certificate. 1 would be guilty of a misdemeanor
Ift ubject to a fine of $500.00 for fraudulently certifying the applicant.
RETURN TO:
Phy an's or Chiropra5tor's Si gnat e & Tale
z^
Minnesota Department of Public Safety
Driver /Vehicle Services Division
Print P siaan /Ch. practor Name
Transportation Building
Mail Stop 11
Address
—,
St. Paul, MN 55155
(612) 296 -6911
Telephone Nu ber
PS- 2005 -11 APPLICATION FEE $5.00