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HomeMy WebLinkAboutTraffic Control Device -1117 Roosevelt St.  ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 23, 2021 Mr. Juan Santana 1117 Roosevelt St. South Bend, IN 46616 RE: Request for Traffic Control Device – Handicapped Accessible Parking Space Sign Dear Mr. Santana: At its February 23, 2021 meeting, the Board of Public Works approved your request for the installation of a handicapped accessible parking space sign in front of your home at 1117 Roosevelt St. If you have any further questions regarding this matter, please contact Engineering, at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk AF/ld DEPARTMENT OF LAW 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 MEMORANDUM TO: Board of Public Works FROM: Aladean DeRose AMD City Attorney & ADA/Title VI Coordinator DATE: February 17, 2021 Re: Review of Denial of Residential Parking Permit An application for a residential disability parking permit was submitted by the owner of 1117 South Roosevelt Street in December 2020. Permission for the permit was denied by the Board at its meeting on January 12, 2021 at the recommendation of the City Engineering Office. Denial was based upon Chapter 20, Article 9, Section 20-113.1(3) which limits the number of reserved parking areas to “a total of two spaces on each side of any one City block.” The uneven numbered side of the 1100 block of South Roosevelt Street has two existing permits, one at 1109 and the other at 1133. At its meeting on January 12, 2021, the Board recommended denial of the application based on the City Engineering Office’s recommendation but subject to final review and recommendation of the City’s ADA/Title VI Coordinator to whom the issue was referred. As ADA/Title VI Coordinator for the City, and having reviewed the facts, circumstances, and law relevant to this application, I recommend that a permit be granted to this applicant. My opinion is based upon the following factors: 1. The Law. “Title II of the Americans With Disabilities Act (ADA) provides generally that covered entities, [including cities], must ensure that their programs are accessible and usable by persons with disabilities. On street parking is a service offered to everybody; therefore, it must be ensured that there is accessible on street parking.” (Massachusetts Office on Disability, “Accessible On-Street Parking.”) However, neither Title II itself nor the Regulations provided by the Department of Justice contain any rules or guidelines for “accessible” residential street parking; currently it is a subject not covered by statute, regulation, or judicial decision. The ADA regulations for parking lots require that for every 25 parking spaces there must be at least one accessible parking space (which must be van accessible). However, these parking lot regulations apply to commercial, retail, professional, recreational and governmental facilities, not residential, and therefore rely on the statistical likelihood that out of 25 drivers, at least one will be mobility impaired at any given time. In the residential context, the statistical proportionality is not relevant as there may be neighborhoods where a greater number of elderly or otherwise likely mobility impaired persons live. South Bend’s mobility parking permit ordinance appears to have two components. Section 20-111 is the general mobility parking provision from which the residential parking program appears to have been derived, while Section 20-113 and 20-113.1 apply to permits granted to disabled employees to allow parking close to their place of employment. South Bend Municipal Code Section 20-113.1 (3), in restricting disabled parking permits to a total of two per street side, implicitly acknowledges that such street parking must also accommodate the needs and convenience of customers, public visitors, other employees, and the employer itself. In residential districts (including the block of 1100 South Roosevelt), the streets generally provide two parking spaces per home structure, and depending on the location of the block, are generally used solely by residents and their guests. In providing a permit to a disabled person, other residents should not be particularly affected. However, to assure that persons who are not truly mobility challenged do not obtain special parking place permits simply for convenience and not true need, the City may wish to consider guidelines restricting its voluntary residential parking permit program to persons whose doctors certify that they must regularly use a walker, cane, wheelchair or other assistive devices or who can demonstrate through a doctor’s letter that the individual cannot walk more than one block without serious health risk. The permit should be issued only to persons with valid drivers’ licenses and should terminate when the license is not renewed. It should also continue to be restricted to persons whose homes do not have a garage, driveway, or cement pads for parking (whether or not there is a garage or carport). Rear parking availability on a street-accessible alley might also be a limiting factor on a case-by-case basis. Applicants should also know that the permit is personal to the disabled person and their vehicle, not for the benefit of a family member, friends, or others. 2.Application of Law to Facts. The uneven numbered side of the 1100 block of South Roosevelt Street has a total of nine single family homes and street parking that will accommodate 18 vehicles. This is also true of the even side of South Roosevelt Street. Presently there are two disabled parking permits on the uneven side of the street, and one disabled parking permit on the even side of the street. Granting this permit will result in three disabled permits on the uneven side of the block, but 15 parking spaces on that side will be unaffected. The applicant’s disabling condition is consistent with the disability of other persons who have been granted disability parking permits by the City to date. Although the applicant’s medical letter was vague, the applicant indicated in a conversation with Staff that due to a certain health condition they walk slowly, become easily fatigued, and must use a walker from time to time. Because this condition is consistent with permits issued to date (although more restrictive criteria may be applied prospectively), this permit should be granted. HANDICAPPED PARKING REQUEST Mr. Juan Santana 1117 Roosevelt St Field Checked: November 2, 2020 Field Checked By: Scott Kreeger, Engineer Notes: • No driveway. • Parking allowed on both sides of Roosevelt Street • Access to front door involves steps. • 2 handicap parking signs already at 1126 and 1133 Roosevelt Street. As per City Ordinance Section 20- 113.1(e), The number of reserved space parking areas shall be limited to a total of two (2) spaces on each side of any one city block. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date December 18, 2020 Name Scott Kreeger Department Public Works BPW Date January 12, 2021 Phone Extension 9245 Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control: Residential Handicap Parking Resolution Other: Ease./Encroach Required Information Company or Vendor Name New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name 1117 Roosevelt St Residential Handicap Parking Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description ____ Recommend Denial. As per City Ordinance 20-113.1(e), the number of reserved space parking areas shall be limited to a total of two spaces on each side of any one City block.____ ___________________________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: