HomeMy WebLinkAbout8A - No Parking Signs on Eagle Creek Ave. & Lakeside Ave.
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SA
GREG ILKKA, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
CONSIDER PETITION FOR NO PARKING SIGNS ON EAGLE
CREEK AVE. SE & LAKESIDE AVE.
JUNE 2, 1997
SUBJECT:
DATE:
INTRODUCTION:
The City has received a petition for "No Parking" signs on Eagle
Creek Ave. SE & Lakeside Ave. More specifically the request is
to install "No Parking" signs until such time as "Resident Only
Parking" signs and resident stickers for vehicles are available.
See attached copy of the petition.
BACKGROUND:
This neighborhood petitioned the City in December of 1993 for
essentially the same thing. A copy of that petition with the City
Engineer's response is also attached. The lakeside of both streets
is currently posted "No Parking".
The neighborhood is in the vicinity of the CSAH 21 bridge and the
Grainwood Crossing public fishing dock. The high usage of these
facilities for fishing has caused concern among the residents,
particularly because the subject streets are used for parking by
fisherpersons.
DISCUSSION:
The petition raises the question of whether or not the City should
have a "Permit Parking Only" policy, and if so, what
circumstances or criteria would warrant the creation and posting
of such a zone. The following information was gathered from
some Cities that have "Permit Parking Only" or similar policies.
The petition spokesperson referred me to the City of Minnetonka,
he indicated they had a policy of allowing "Resident Only Parking"
zones. My discussion with that City indicated there was confusion
as to what they had. Their policy allows for temporary permits for
parking in residential "No Parking" zones when the requestor has
satisfied several criteria. Their zones are not "Permit Parking
Only".
In a subsequent conversation I was referred to the City of
Lakeville, that they have "Resident Only Parking". My discussion
with that City indicated they have one such zone in the City near
the Antler's Park beach area on Lake Marion. The circumstances
162D0'~ Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL;AL OPPORTl'NITY' EMPLOYER
there are such that the residents along the street have no off
street parking and at peak park usage have no where to park. The
street department took it upon themselves to post the signs
without Council action.
The City Attorney referred me to the City of St. Louis Park. They
have an unwritten policy which allows for "Permit Parking Only".
They will issue permits to residents of single family homes in the
vicinity of High Schools, apartment buildings, and similar high
parking generators. They have no written policy on this, the
Council acts on each request based on staff recommendations,
they approve about 20% of the requests.
ISSUES:
The petitioners request raises several issues including policy
questions which are in the perview of the Council.
1) Are there legitimate health, safety, and welfare concerns to
warrant establishing no parking restrictions on certain public
rights-of-way. Assuming the answer is yes, are there
circumstances that justify exempting certain persons from the
no parking regulation.
Staff is of the opinion that congestion caused by fisherpersons
parking vehicles on residential streets near the CSAH 21
bridge and Grainwood Crossing can be addressed by the use
of "No Parking" restrictions, similar to the way parking is
regulated by section 11-1-5, within 2500 feet of public launch
sites. A copy of section 1-1-5 is provided for your information.
When Council adopted Title 11-1-5(A) concerning parking
around public launch sites it found that the impact of "public
launch sites" extended 2500 feet. Perhaps this section needs
to be amended to include a reference to public fishing sites.
Placing "Resident Only Parking" or "Permit Parking Only" signs
along a public right-of-way would set a precedent that absent
specific standards and criteria established by the Council would
not be administerable. If the Council established a policy (by
ordinance) that allowed petitions for "Permit Parking Only" we
would anticipate petitions from homeowners in many other
areas of the City in addition to the one received.
2) Assuming the Council established permit parking only
restrictions, what unique circumstances would warrant
designating a particular area "Permit Parking Only" rather than
"No Parking"? Some examples of criteria might be the
availability of off street parking, street width, proximity to public
access or pUblic facilities, etc.
SPACE,DOC
\ ,
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
SPACE.DOC
3) The Police Department has concerns about the inherent cost
to enforce permit parking. Those times when it would need to
be enforced the most, ie., weekends/holidays, are already their
busiest. Response times to enforce these z:ones could
increase to hours. If vehicles were towed the owners would be
left without transportation and the Police Department might be
forced to become a taxi service for them. The Police Chief
does not believe permit parking is in the best interests of the
City.
The alternatives are:
1. Deny the request in the petition and do not establish a "Permit
Parking Only" policy by ordinance.
2. Direct the preparation of a "Permit Parking Only" ordinance for
Council consideration and postpone consideration of the
petition to a date certain.
3. Table this item until some date in the future.
Alternative No.1. The public safety issues that justify posting "No
Parking" zones are such that there should be no exemptions.
d to approve the recommended alternative.
~
PETITION FOR NO PARKING SIGNS ON EAGLE CREEK AVE SE & LAKESIDE AVE
THE FOLLOWING RESIDENTS HEREBY PETITION THE CITY OF PRIOR LAKE
TO INSTALL NO PARKING SIGNS UNTIL SUCH TIME AS RESIDENT ONLY
PARKING SIGNS AND RESIDENT STICKERS FOR VECHICLES ARE AVAILABLE.
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SECOND PAGE OF PETITION
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HIGHEST WATER 907.6 IN 1907
LOWEST WATER &83.6 IN 1938
URCES: PRIOR LAKE ASSOCIATION -
PRIOR LAKE - SPRING LAKE
WATERSHED DISTRICT
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PETITION
WE THE UNDERSIGNED RESPECTIVELY PETITION THE CITY COUNCIL AND
THE MAYOR TO PLACE RESIDENTS ONLY PARKING
VIOLATORS TOWED ro SIGNS ON EAGLE CREEK
AVENUE S. E. FROM LAKESIDE AVE S. E. ,_, SCOTT COUNTY ROAD NUMBER 21,
AND IN ADDDITION GIVE AUTHORITY TO THE Prior Lake Police Department
to tow uppon telephone request from affected residents.
Reasons for this PETITION:
1. NOISE AT ALL HOURS AFTER 9;00 p.m.
2. CONGESTION
3. NON RESIDENT USE OF RESIDENT DRIVEWAYS & PROPERTY (YARDS)
4. BLOCKED DRIVEWAYS
5. DEBRIS - LITTER - ECT.
.~. DANGER TO RESIDENT CHILDREN DUE TO TREMENDOUS NUMBERS OF AUTOS
NAME
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DATE
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May 26, 1994
Dear Resident:
Due to a recent review by the City of Prior Lake Police Department regarding safety
issues and related concerns, it has been determined that posting no parking signs
on Eagle Creek Avenue and Lakeside Avenue, as illustrated on the attached
drawing, is warranted. Signs will be installed on Friday, May 27, 1994 which will
prohibit parking at all times in the areas posted. This is being done, in part, due to
the narrow 24 foot width of the roadways. At this time, only one side of the
roadways are being posted no parking with the exception of one curve on Lakeside
Avenue where posting will be on both sides. If problems surface in the future
created by on street parking, consideration will be given for additional posting.
If you have questions regarding this matter, call me at City Hall at 447-4230.
Sincerely,
~
arry J. Anderson
City EngineerlPublic Works Director
CITY OF PRIOR LAKE
LJAJacj
SIGNl.ENG
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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offense, such penalty shall apply to a person convicted r oithe same' offense under this
Chapter. (Ord. 62-1, 2-5-62; readopted Ord. 72-8, 8-21-72; amd. 1979 Code; amd.
7-10-79)
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PARKING RESTRICTED, PUBLIC LAUNCH SITES; IN GENERAL:
The City Council of the City has determined that separate parking
restrictions and penalty provisions are necessary in the vicinity of public launch sites of
public bodies of water in the City due to increased traffic, congestion and public health
and safety hazards associated with the launching and retrieval of boats, moving of ice
houses and other activities associated with the public access facility. The City Council
has determined that extraordinary hazards exist with respect to added pedestrian traffic
and motor vehicle traffic with obstructed views associated with ice houses, boats and
trailers and general increased risks at such facilities. Therefore, the City Council has
determined that increased restrictions and penalties are necessary in order to enforce
the regulations for public health and safety reasons and to deter prohibited conduct in
order to decrease such hazards and risks to the public safety and welfare in the
vicinity of public launch faciilies. '
(A) No Parking, Stopping or Standing Zones in the Vicinity of Public Accesses: The
City Council may, by resolution, designate certain streets or portions of streets
as no parking or no stopping or standing zones within two thousand five
hundred feet (2,500') of public launch sites in the City of Prior Lake. The City
Council shall approve by resolution the amount of fines for violation of this
section of the ordinance to which these parking restrictions apply. The City
Engineer shall mark by appropriate signs each zone so designated and such
sign shall indicate the amount of the fine for violating the restriction which shall
be imposed upon the violator. The sign shall further indicate that violators'
vehicles shall be subject to impoundment and/or towing.
(8) Towing/Impoundment: Because of the increased health and safety hazards
associated with public access areas in the event the number of vehicles using
those accesses at anyone time is not adequately controlled, the City Council
has detennined that impoundment/towing is necessary in order to deter
violations of the parking restrictions. Therefore, any police officer, consistent
with the provisions of Minnesota Session Laws 1989, chapter 256 (Minnesota
Statutes 169.041 and Minnesota Statutes 514.18), may have a vehicle removed
from the above no parking restricted area to a garage or other place of safety
when the vehicle is left unattended and constitutes a violation 01 the no parking
restriction. A person who is entitled to possession of an impounded/towed
vehicle shall have the right to post-impoundment hearing to determine probable
cause to impound the vehicle under this subsection if such person files a
written demand for the hearing within five (5) days after impounding, excluding
Saturdays, Sundays and legal holidays. The demand shall be made to the City
Manager of the City, who shall serve as a hearing officer for such purposes.
The hearing shall be conducted within twenty four (24) hours of the written
390
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11-1-5
11-1-7
B)
demand thereof unless such person agrees to a later hearing. Not more than
seventy two (72) hours after impoundment of a vehicle which has not been
redeemed, the City Police Department shall mail a notice to the registered
owner of the vehicle, if such may be secured through the license number, at
the address provided by the motor vehicle license agency of the state or
province in which the vehicle is registered. The notice shall contain the full
particulars about the impoundment, the procedure for redemption, and the
opportunity for a hearing to test the propriety of the impoundment. Similar
notice shall be available at the office of the City Clerk and shall be
conspicuously posted at the place of impoundment. If the hearing officer
determines that there is no probable cause lor the impoundment under the
ordinance, the City shall pay the towing and storage charges and the vehicle
shall be released forthwith to the person entitled to possession. In every other
case, the vehicle shall be released only when the fees for towing and storage
are paid by the person recovering possession. The City Council shall approve
by resolution, from time to time, the authorized costs 01 towing and storage of
said vehicles.
11-1-B: HANDICAPPED PARKING RESTRICTIONS: No person shall park in,
obstruct or occupy with a motor vehicle, any paf1(ing space, on public
or private property, designated or signed as handicapped parking, unless said vehicle
prominently displays an insignia or certificate issued by the Department 01 Motor
Vehicles pursuant to Minnesota Statutes section 169.345, subdivision 3, and such
vehicle is being used by a handicapped person as defined in Minnesota Statutes
section 169.345, subdivision 2. Signs designating handicapped parking spaces shall be
presumed to have been placed according to law, unless the contrary is established by
competent evidence. Violation of this provision is a petty misdemeanor. Motor vehicles
found in violation of this Section may be ordered removed by a member of the Police
Department under the procedures set forth in subsection 11-1-5(B).
11-1-7: RULE OF EVIDENCE: The presence of any motor vehicle on any
street or other public area when standing or parked in violation of this
Chapter is prima facie evidence that the registered owner of the vehicle committed or
authorized the commission of the violation. (Ord. 89-03, 10-16-89)