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Code of Ordinances Amendment - Title 9 Residential Parking Permit Program (Second/Final Reading) Copyrighted September 3, 2019 City of Dubuque Action Items # 5. ITEM TITLE: Code of OrdinancesAmendment- Title 9 Residential Parking Permit Program (Second Reading) SUMMARY: City Manager recommending of an amendment to existing City Ordinance 9-14-321.722 (B): Residential Parking Permit Program Established - Parking Study to include amendments to the timeline for completing a parking study in the petitioned area, maximum number of site visits, and setting minimum conditions for City Council approval for creation of a residential parking permit district. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321-722 Residential Parking Permit Program Established SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Residential Parking Permit District Ordinance City Manager Memo Amendment-Parking Study - MVM Memo Staff Memo Staff Memo Curbside Parking Studies Supporting Documentation Ordi nance Ordi nance Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Residential Parking Permit District — Ordinance Amendment — Parking Study DATE: August 14, 2019 City Engineer Gus Psihoyos recommends City Council approval of an amendment to existing City Ordinance 9-14-321.722 (B): Residential Parking Permit Program Established — Parking Study. The recommended amendment would add the following changes (in bold): 1. At least seventy percent (70%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty-three (23) linear feet; and 2. At least twenty five percent (25%) of the curbside parking spaces in the proposed parking district were utilized by nonresident parkers. For purposes of this criterion, the latest available motor vehicle registration information shall be used. 3. The parking study will be completed within thirty (30) days of receipt of the petition, except in specific circumstances deemed necessary by the City Engineer. 4. No more than four (4) site visits will be completed as part of a parking study, except in specific circumstances deemed necessary by the City Engineer. 5. In order to receive a recommendation to the City Council for creation of a residential parking permit district the conditions in subsection 1 and 2 must be met a minimum of one (1) time during the site visits. I concur with the recommendation and respectfully request Mayor and City Council approval. 1 j t.11��'GL+'t tf t� , Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer 2 ---' Dubuque THF CiTY OF � -��.. Ali•A�e�tica Ciq Du8 - E ; . � . , � � � i LU�1•��i�•ZO�3 Mczsterpiece ori tjre Mississippi 2oi�*2o19 TO: MichaPl Van Milligen, Ci#y Manager FROM: Gus Psihoyos, City Engineer _ � � DATE: August 13, 2019 RE: Residential Parking Permit District — Ordinance Amendment— Parking Study INTRODUCTION This memorandum is to recommend an amendment to existing City Ordinance 9-14- 321.722 (B): Residential Parking Permit Program Established — Parking Study. BACKGROUND In 1985, the City adopted an ordinance providing for the establishment of Residential Parking Permit Districts (RPPD). The purpose of such districts is to reduce traffic congestion resulting from the use of parking within residential districts by persons not residing within the district, to protect the residents of these districts from an unreasonable burden in gaining access to their residences, to preserve the character of such districts as residential districts, and other various purposes. A Residential Parking Permit District designation can be made only after a petition of residents representing 60 percent (60%) of the dwelling units in a proposed area is received, a parking study is conducted by the City Engineer, and a public hearing is held by the City Council. Part of this 1985 Ordinance (9-14-321.722 (B): Residential Parking Permit Program Established — Parking Study) states that upon receipt of a valid pPtition, the City M�nager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that both of the following criterions are satisfied during peak periods: 1. At least seventy percent (70%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty-three (23) linear feet; and 2. At least twenty five percent (25%) of the curbside parking spaces in the proposed parking district were utilized by nonresident parkers. For purposes of this criterion, the latest available motor vehicle registration information shall be used. DISCUSSION Recent expansions to existing Residential Parking Permit District "H" have proven that continuous monitoring and numerous parking studies be conducted due to repeat failure to meet the 70% curbside parking requirements at the time of parking study. The most recent expansion of District H that included Key Way Drive between Pennsylvania Avenue and Keymont Drive, Engineering staff conducted six (6) formal parking studies (and up to five (5) additional informal parking studies) spanning from March 19th to May 7th due to continuous failed studies. Using 23 lineal feet(LF) of curb per stall, the studied area contained a total of 40 curbside parking stalls, which equates to 28 parked cars at the time of the study to meet the 70% requirement. Results of the parking studies are as follows: 1. 03/19/19 at 1015: 15 cars parked curbside (Fail-37.5% occupied, 62.5% available) 2. 04/02/19 at 0955: 24 cars parked curbside(Fail-60% occupied, 40% available) 3. 04/04/19 at 1145: 26 cars parked curbside(Fail-65% occupied, 35% available) 4. 04/15/19 at 1025: 24 cars parked curbside (Fail-60% occupied, 40% available) 5. 04/23/19 at 0900: 25 cars parked curbside (Fail-62.5% occupied, 37.5% available) 6. 05/07/19 at 0930: 28 cars parked curbside (Pass-70% occupied, 30% available) Each informal parking study resulted in a Fail. Repeated failure t� m�et a cur�side parking occup�ncy �f 7f�% on Key 1Nay Drive from Pennsylvania to Keymont, resulted in an increased expenditure for the Residential Parking Permit Program due to numerous parking studies. When a Passing parking study was conducted, curbside parking equated to the minimum of 70% occupancy. As shown in the attached map, additions to District H resulted in a higher number of parking studies needed to meet the 70% threshold as distance increased from the source (Hempstead High School) to the proposed additional street. Norland Drive required two (2) parking studies, Sharon Drive required three (3) parking studies, and Key Way Drive required six (6) parking studies. With current Ordinance 9-14-321.722 (B), there is not a clear definition to the number of parking studies needed to meet the 70% curbside occupancy requirement. As districts grow, the curbside parking occupancy will continue to decrease, with commuters finding alternative locations to park or using other means to reach their destination. Adding three additional lines(in bold)to Ordinance 9-14-321.722(B)would clearly define parking study limits to be used during the creation of a new district or addition to an existing district: 1. At least seventy percent (70%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty-three (23) linear feet; and 2. At least twenty five percent (25%) of the curbside parking spaces in the proposed parking district were utilized by nonresident parkers. For purposes of this criterion, the latest available motor vehicle registration information shall be used. 3. The parking study will be completed within thirty (30) days of receipt of the petition, except in specific circumstances deemed necessary by the City Engineer. 4. No more than four(4) site visits will be completed as part of a parking study, except in specific circumstances deemed necessary by the City Engineer. 5. In order to receive a recommendation to the City Council for creation of a residential parking permit district the conditions in subsection 1 and 2 must be met a minimum of one (1) time during the site visits. Examples of specific circumstances could be: holiday or summer break, prolonged adverse weather conditions, roadway construction activities that may impact pedestrian routing or commuter parking, traffic pattern changes that may impact curbside parking, or any other circumstance deemed necessary. RECOMMENDATION I recommend an amendment to City Ordinance 9-14-321.722 (B): Residential Parking Permit Program Established — Parking Study that would add the following changes (in bold): 1. At least seventy percent (70%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty-three (23) linear feet; and 2. At least twenty five percent (25%) of the curbside parking spaces in the proposed parking district were utilized by nonresident parkers. For purposes of this criterion, the latest available motor vehicle registration information shall be used. 3. The parking study will be completed within thirty (30) days of receipt of the petition, except in specific circumstances deemed necessary by the City Engineer. 4. No more than four(4) site visits will be completed as part of a parking study, except in specific circumstances deemed necessary by the City Engineer. 5. In order to receive a recommendation to the City Council for creation of a residential parking permit district the conditions in subsection 1 and 2 must be met a minimum of one (1) time during the site visits. ACTION TO BE TAKEN The City Council is requested to approve the ordinance to amend 9-14-321.722 (B) Parking Study and define a clear limit to be used during the creation of a new district or addition to an existing district. Prepared by:Troy Kress, Engineering Technician Cc: Crenna Brumwell, City Attorney Renee Tyler,Transportation Service Director Attachment CITY O� � 20181A a�d�;�,�ne�tinG15 Residential Parking Permit District "H" DUB "� E Ma�terpie�e an[he Mf�sis-�ippi Established on 08/07/2006 � ��-�� �� �� ��� �� • .- . Norland Dr. Curbside Parking Study Dates: 39 On-Street Parking Stalls using 23 LF/Stall 01/16/19 at 0900:24 Cars Parked(61.5°k)-FAIL Phyllrich Dr.Curbside Parking Study Dates: 02/04/19 at 1055:43 Cars Parked(110.3°k)-PASS 37 On-Street Parking Stalls using 23 LF/Stall �� 09/19/18 at 0815:40 Cars Parked(108.1°k)-PASS � �� � � �� y '�_ �' s � ��- ��"�'. � �' , � '' a r�,F" Keystone Dr.Curbside Parking Study Dates: " ; ; - ��1� � �' " � 54 On-Street Parking Stalls using 23 LF/Stall er ; :��. r _ � 12/06/18 at 1030:49 Cars Parked(90.7°k)-PASS , � � `� �'- � ��-���a;<. �' � � � � � Y ��� a ;a. � hS � N � s � � U � _ � N • 0 .4-.. �;r �.. m N < , I O ��._; :; � � � � � �\ � O N � � - �'�1 � F�� _ � ��",K Y �; � � � . � • U O 0 ��= Sharon Dr. Curbside Parking Study Dates: � 28 On-Street Parking Stalls using 23 LF/Stall x ��j �, 01/09/19 at 1124: 12 Cars Parked(42.9°k)-FAIL ,. � � r'�'� � � �� 01/16/19 at 0909: 18 Cars Parked(64.3°k)-FAIL � „� l ' i�`'�-"•--»�=a"" � '` \��i� o 02/04/19 at 1045:20 Cars Parked(71.4°k)-PASS � - � �� i' � " � p s ��.�� �. �,�. � �,� � o �.� S � �ya. „ ��, o� Legend � ����� �''� . � '' Key Way Dr.Curbside Parking Study Dates: � a �'`�' 40 On-Street Parking Stalls using 23 LF/Stall � RPPD "H" Established (08/07/2006) -� 03/19/19 at 1015: 15 Cars Parked(37.5°k)-FAIL � RPPD ��H��Addition (11/20/2006) 04/02/19 at 0955:24 Cars Parked(60°k)-FAIL � ' 04/04/19 at 1145:26 Cars Parked(65°k)-FAIL F , ,•� �, RPPD ��H��Addition 04/02/2007 �thdrawal from"H"(09/06/2016) � ; 04/15/19 at 1025:24 Cars Parked(60°k)-FAIL a � � � Added to "H"(11/05/2018) • 04/23/19 at 0900:25 Cars Parked(62.5°k)-FAIL ' ;�� � RPPD "H"Addition (01/07/2019) � 05/07/19 at 0930:28 Cars Parked(70°k)-PASS �-. W �� � RPPD "H"Addition (03/04/2019) k � KEY WAY DR. PETITION AREA '� Y � LL Prepared by Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, 563-583-4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 ORDINANCE NO. 38-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.722 RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.722 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.722: RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHED: There is hereby established a Residential Parking Permit Program. The procedure for being designated a residential parking permit district shall be as follows: A. Petition: 1. Required:,In order to be considered for a residential parking permit district designation, a group of residents must submit a petition to the City Manager containing the signature of an adult member of at least sixty percent (60%) of the dwelling units in the residential area. Petitions shall only be considered for areas which contain at least four (4) adjacent block faces or fifty (50) curb parking spaces. The boundaries of and the streets within the proposed permit parking district shall be clearly identified on each page of the petition. The petition shall also state clearly that, if the district is approved that participation in the program is mandatory, only those vehicles with a permit shall be permitted to park in the residential parking permit district between seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. daily, or such other hours as may be requested by the petition and approved by the City Council, except Sundays and holidays, and an annual fee will be charged for a parking permit for each vehicle. The necessary petition can be obtained from the Office of the City Clerk. A cover letter explaining the reasons for the request and a map showing the boundaries of the proposed parking permit district shall accompany the petition. 2. Exception: A petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating conditions that render such requirement unreasonable. Upon the recommendation of the City Manager, such requirement may be waived by the City Council if it finds that the proposed residential district is isolated or separated from other residential areas by topographical features or by commercial area. The City Council shall not grant such a waiver, however, if it determines that the only basis for granting such a waiver is the convenience of the residents or if it determines that the waiver is being requested by the petitioners to prevent opposition to establishing a district. All other requirements of this division must be established. 3. A petition for creation of a residential parking permit district in an area may only be submitted for consideration once per quarter. B. Parking Study: Upon receipt of a valid petition, the City Manager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that the following criterions are satisfied during peak periods: 1. At least seventy percent (70%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty three (23) linear feet. 2. At least twenty five percent (25%) of the curbside parking spaces in the proposed parking district were utilized by nonresident-parkers. For purposes of this criterion, the latest available motor vehicle registration information shall be used. 3. The parking study will be completed within thirty (30) days of receipt of the petition, except in specific circumstances deemed necessary by the City Engineer. 4. No more than four (4) site visits will be completed as part of a parking study, except in specific circumstances deemed necessary by the City Engineer. 5. In order to receive a recommendation to the City Council for creation of a residential parking permit district the conditions in subsection 1 and 2 must be met a minimum of one (1) time during the site visits. C. Parking Study Report And Recommendation: Upon completion of the parking study, if the conditions of subsection B of this section are established, the City Manager shall make a report and recommendation to the City Council, based upon the petition and results of the survey, on whether or not to designate the proposed parking district or a portion thereof as a residential parking permit district and the hours such restrictions are to be in effect. The recommendation shall take the following into account: 1. The effect on the safety of the residents of the proposed residential parking permit district from intensive parking by nonresidents; 2. The difficulty or inability of residents of the proposed residential parking permit district to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists; 3. The likelihood of alleviating, by use of the Residential Parking Permit Program, any problem of nonavailability of residential parking spaces; and 4. The desire of the residents in the proposed residential parking permit area for the institution of a residential parking permit district and the willingness of those residents to bear the cost incidental to the administration of the Residential Parking Permit Program. D. Public 'Hearing: Upon receipt of the report and recommendation from the City Manager, the City Council shall set public hearing on the petition. Upon completion of the public hearing, the City Council may reject the petition or adopt an ordinance designating the permit area as a residential parking permit district and the hours such parking restrictions are to be in effect. E. Amendments: 1. Amendments to the existing districts for expansion or reduction of the district must be requested by submitting to the City Manager a petition containing the signatures of an adult member of at least sixty percent (60%) of the dwelling units in the residential area proposed for expansion or reduction to the district. 2. Amendments to the existing districts for a change in the days/times must comply with the standards for establishment of a district. 3. An amendment to expand or reduce a district will not be considered if the proposed change will not meet the requirement of two (2) block faces unless there are extenuating conditions that render such requirement unreasonable. 4. Expansion areas of a district will inherit the same days/times for parking restrictions as the previously established district. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 3rd day of September 2019. Attest: Kevi . Firt hl City Clerk Prepared by:Crenna M.Brumwell,Esq.300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. - 19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM,SECTION 9-14-321.7251SSUANCE OF RESIDENTIAL PARKING PERMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sedion 9-14321.725 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.725: ISSUANCE OF RESIDENTIAL PARKING PERMIT: A. A residential parking permit shall be issued upon the applicanYs payment of the annual residential parking permit fee and submission of a completed residential parking permit application. A separate parking permit fee and application is required for each motor vehicle the applicant parks curbside within the district. Not more than four(4) residential parking permits shall be issued to each dwelling unit. Not more than two (2) guest parking permits shall be issued to each dwelling unit within a residential parking permit district. Residential parking permits and guest parking permits shall be issued for an annual fee established by the City Manager which shall be used to offset the cost of operation and administration of the Residential Parking Permit Program. Permitfees are not refundable or eligible for proration. The owner of a nonresidential building in a parking permit district which was formerly a residential building may apply for residential parking permits as provided herein. The number of permits which may be issued for such nonresidential building shall be limited to the number of permits that wnuld have been available when the building was used for residential purposes. B. The residential parking permit shall be permanently affixed to the inside bottom left corner of the front windshield. Guest permits shall be prominently displayed. Vehicles not equipped with a front windshield shall permanently affix the permit in a prominent location. C. No residential parking permit shall be issued for a vehicle whose owner or principal operator is not a resident in the designated residential parking permit district. D. The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. E. The users of guest permits shall be for the primary purpose of visiting the principal permit holder's residence and must be at the premises while the guest permit is being utilized. F. No residential parking permit or guest permit shall be transferred or sold to another party. Section 2. This ordinance shall take effed upon publication. Passed, approved, and adopted this_day of , 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk EFFECT OFAMENDMENT 9-14-321.725: ISSUANCE OF RESIDENTIAL PARKING PERMIT: A. A residential parking permit shall be issued upon the applicanYs payment of the annual residential parking permit fee and submission of a completed residential parking permit application. A separate parking permit fee and application is required for each motor vehicle the applicant parks curbside within the district. � Not more than fouriwe ��) residential parking permits shall be issued to each dwelling unit. _`� -nnrP than two (7 'tc shall be issued to each dwellina unit within district. �.��85E ^^�:,��"^Q Formatted:InderR:Left: 0.5" � Formatted:Pont Font coloc Black � �v�l�i I��i v�..v��..e,i�J..v�4e, ..F 41�.. �..e,i�J..v�4i.�1 v�.��Liv�.. v� mi4�Jie,4�ir4 �. 9ael�p '^�z'�-g��st�_"''���^^-^permits for an annual fee established by the City Manager which- aelaislefec ..v�l�i I��i v�..v��..e,i�J..v�4e, ..F 41�.. �..e,i�J..v�4i.�1 v�.��Liv�.. v� mi4�Jie,4�ir4 Formatted:InderR:Left: 0.5" T�� ion ot The owner of a nonresidential building in a parking permit district which was formerly a residential building may apply for residential parking permits as provided herein. The number of permits which may be issued for such nonresidential building shall be limited to the number of permits that wnuld have been available when the building was used for residential purposes. B. The residential parking permit shall be permanently affixed to the inside bottom left I corner of the front windshield. Guest permits shall be displayed . Vehicles not equipped with a front windshield shall permanently affix the permit in a prominent location. C. No residential parking permit shall be issued for a vehicle whose owner or principal operator is not a resident in the designated residential parking permit district. D. The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. E. The user�ss of guest permits shall be for the primary purpose of visiti�er-s ie the principal permit holder's residence F. No residential parking permit or guest permit shall be transferred or sold to another party. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 06, 2019, and for which the charge is $79.45 Subscribed to before me, a Notary Public in and Dubuque County, Iowa, this iv-- day of Notary Public i for nd for D buque County, Iowa. AMY WAGNER Commission Number 813362 My Commission Expires October 22, 2021 termines that the waiv- the requirement of two er is being ..;requested •: (2) block faces. unless by 'the petitioners to there ,are extenuating 'prevent opposition to conditions that' render establishing a`district. such, requirement un - All other requirements reasonable. - of,thisidivisionmust be 4. Expansion areas of established. a district. will ',inherit .3. A petition for cre- the same , days/times .'. ation of "a,residential for. parking, restrictions parking' permit district as `the: previously 'es- in an area may only be tablished district.` submitted for consider- Section 2.. This ordi- ation once per quarter. nande shall take effect B. Parking Study: Upon publication.: , Upon receipt of a valid Passed; approved, and petition,: the City Man- adopted this this 3rd ager shall cause : ,a day of September 2019. parking study. of ;the `_ /s/Roy D. Buol, Mayor area identified in: the Attest: /s/Kevin S, , petition ,to be conduct Firnstahl, City Clerk ed. A. residential park- Published officially in ingipermit district may the; Telegraph" Herald be ";established only if newspaper, ,on the 6th the: results:of the study 'dayof.September'' 2019. demonstrate„'that the , /s/Kevin S. Firnstahl, followingcriterions are ;,CityClerk satisfied •:during peak i it 9/6 periods:i •least 'seventy percent (70%) :of the curbside "parking; spaces in the proposed _park- Ingipermit.district`were utilized during peak.pe- ri9ds For' purposes;: of this,criterion,::.:a..legal curbside'parking space shall be twenty three (23) linear feet 1,, At least twenty five ,percent; (25%) . of the, curbside parking Spaces in the proposed parking district were utilized by nonresident parkers:,Fori purposes of this criterion . the latest available motor vehicle registration in- formation r; shall.. i, be used. . 3. The, parking :study will be completed -with- in thirty, (30) days of receipt of the petition, except in specific cir- cumstances deemed necessary Eby ,the City Engineer, 4: No more then four _ , (4) site visits wilf.15e • OFFICIAL,' • cgmpletased part of a PUBLICATION',..'.- pEarkcsng stucdy exep O'ROD38A-N1C9E' sinta.nepsebdiefeimtehd ecinrecvCueitsyt- (AMENDING CITY OF ary DUBUQUE CODE' OF ngineer, : y ,. ORDINANCES TITLE 9 ,5. In ordet,to receive MOTOR VEHICLES a;:; recommendation to AND ,TRAFFIC;. CHAP- "the City, . Council JO TER 14; PARKING, DI- creation of,a residen- VISION -"7 RESIDENTIAL tial pai:kingpermit,ds- PARKING • PERMIT trict the conditiolis•in PROGRAM, f SECTION subsection I. and ;2 9-14-321722 °RES1= must be "met amini,-. DENTIAL PARKING mum ofOne (1) • time PERMIT J.PROGRAM during the site yisits,: ESTABLISHED „`(: C Parking Study NOW (THEREFORE, Report, And Recom- BE IT, ORDAINED BY inendationc Upon THE CITY ;,COUNCIL gompletion of the park- . ' CITY; OF frig study, if ti)e condi- DUBUQUE, IOWA: tions of subsection_Bof Section 1.' "Section,9 this section are estab- 14321.722. of. the City fished, the Clty Manag- of.DUbuoue Code of 0r "er shall make,a report dinances Hs amended and recommendation vJsi to read as follo' to the, City Council, 944-321.722.. REST based •upon the. peti DENTIAL PARNING tion and, results of:,the PERMIT ` . PROGRAM survey, on whether: or ESTABLISHED: '.2 , not to..designate ;the There is hereby estab proposed.,parking.; dis lished'�` a Residential ,tr•.ict or a portion there - Parking; iP2rn11t Pro of ,as i a ci residential:. gram .T�] if�proc pure parking permit) district for being;. sign pd a arndittie, 'lour such;r3,; resident a er striotior i,are to oe;,in , mit dls&l PS 411 eas effect. The recommen- follows: .dation shall take the A. Petition " - ` ” following;into account: 1. Required:I'n'order 1 ,,The effect on the to be`considered for a cofnI'v of the. residents 1 follows: A. Petition " 1. Required: I'n'order to`be'considered for a residential parkirig per- mit. district designa- tion, •'' a• group of residents must submit a petition' to the; City Manager • .-containing the :signature of _an adult member• of at least' sixty •`: Percent. (60%) Of the 'dwelling Units imthe.testae ntial area: 'Petitions•shall only be considered for areas which Contain at least four (4)''adjacent block faces or fifty (50) chit'', parking spaces, The; boundaries -.of : abd the streets within the proposed permit park- ing i,clistriet shall be clearly' identified - on each; pageof • peti tion. The,petition shall• also'state clearly' that, if the district'is 'ap- proved thatr participa- tion in the program dis Mandatory, only those vehicles With a permit shall be permitted ;to park in the residential parking • permit district • i betWeen seven o'clock (7:00) A,M. , andt five thirty'i"o'clock: , (5:30) P.M. daily,' or such eth- er. hourt th-er.hours 8maybe re- quested by the "petition and approved by the. City,'! Council, !'except Sundays.and-holidays; and:an annual:fee:will be 'charged fel- a• park ing permit for each ve- 1 liicle. The ` necessary petition ' can be_!ob- tained from the Office of the City Clerk. A cov- er letter explaining'the reasons for the request and, a_ map showing the . boundaries of the; pro- posed parking` permit district'shall +accompa- ny the petition. 2. Exception: .A Ott- ! tion may be considered for an area'which 'con tains'less than fdQr (4) adjacent blddkfaces or fifty4(50) curb";parking spaces if there; are ex- tenuating conditions l that render •such re- quirement unreason- ' able. Upon the; recom- mendation' of the;city Manager such ;require i nt. may. be 'Wailed by.the City Council if it finds that the'proposed residentlal district ., is Isolated ,or separated from; other residential areas by topographical features or by commer- cial=,,area.. The ..City Council shall not grant spelta waiver, howev er, if;it determines that the :; drily • basis ! for granting such, a waiver IS the convenience of. the residents or if it de - dation ,shall take the following intb account: •:1. The: effect on, the safety of the.residents of the -.proposed 'resi- dentialparking permit .district from . intensive parking . ,by . nonresi- dents; 2. The difficulty, or inability of residents of the proposed residen- tial parking permit dis- trict to obtain • ade- quatecurbside parking adjacent to., ori near their 'residences:'.' be- cause' of IWIdesPreah use of:04114b1e' curb- side parking' spaces by nonresident motorists; 3. The'' likelihood of alleviating, byuse,oi the Residential Parking Permit' Program, .''any problem of nonayail- ability of residential parking spaces; and' 4. The desire :of the residents in the pro' - posed residential park= ing permit area for the institution of aresiden- tial parking permit dis` trict 'and the w,iijirlg- ness of those residents to bearthe cost' dental to tration of . '. `:the Residential, Parking Permit Program D. Public Hearing: Upon receiptof.the re- port and'.recommenda- tion F from the ' City ;Manager;` the .,'City Council shall seta pub- l;c hearing en the'peti,', •.tion Upon completion of the• public hearing, the City.';Council 'may reject the petition or adopt ;'an ordinance designating the perrriit- area as a residential parking permit district errethe.'•' hours "'such "parking restrictions' are 'to be, in effect. E. Amendments: 1.Amendments"- to the existing districts for expanor sion reduc- tion'of the distrietniust be regiiestea by sub- initting 'to the "'City Manager` a petition. containing the • signa- tures of an.aduit mem- ber of at least sixty percent (60%) of the dwelling:, units ,in theresidgntlal area.' :;pro= posed for expahsion' or reduction ;to the=:dis trict. 2. Amendmenta. tos the existing districts 'for a change • in` the days/times must com- Ply ,withthe standards for estabhshment:of a district:'' 3. An'amendmerit to expand or reduce a, dis trict will not be consid- ered if the proposed change will not meet