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Code of Ordinances Amendment - Title 9 Residential Parking Permit Districts Copyrighted July 5, 2017 City of Dubuque Action Items # 3. ITEM TITLE: Code of Ordinances Amendment- Title 9 Residential Parking Permit Districts SUMMARY: City Manager recommending amendments to the city of Dubuque Code of Ordinances Title 9 Motor Vehicles And Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program. 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 Amendment to City Ordinance re Residential Parking City Manager Memo Permit Districts-MVM Staff Memo Staff Memo Ordinance Title 9 Amendment Ordinance Suggested Motion Wording Supporting Documentation THE CITY OF Dubuque fta B E I 11p y Masterpiece 012 the Mississippi 2007.2012«2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to City Ordinance 9-14-321.722 (E): Amendments DATE: June 22, 2017 In 1985 the City adopted ordinance 9-14-321.720 establishing Residential Parking Permit Districts. 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 newly established Residential Parking Permit District designation can be made only after a petition of residents representing 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. The petition is only considered for a new district which contains at least four adjacent block face or 50 curb parking spaces. Currently, amendments including, but not limited to, expansion, reduction, or a change in the days/times must comply with the same standards for establishment of a district. City Engineer Gus Psihoyos is recommending the process stay the same to create a new district, but that changes be made for the process to amend an existing district. The current ordinance requires that there be a minimum of four block faces added or deleted to an existing district for consideration of an amendment to an existing district. The change recommended to the ordinance would only require two block faces. The current ordinance requires a resident to petition the entire existing district, along with the proposed amended area, to achieve the 60% requirement for the number of signatures needed. The change recommended would require only receiving signatures on a petition from 60% of the area wishing to expand/reduce in an existing district. I concur with the recommendation and respectfully request Mayor and City Council approval. J 1 r �1L�1#'L y ttrt�A&Znt.- Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CITY OF Dubuque DUB M-AndcaCO E i r Masterpiece on the Mississippi' 2017.2012.201A TO: Michael C. Van Milligen, City Manag f1 ' J FROM: Gus Psihoyos, City Engineer _,,,: RE: Amendment to City Ordinance 9-14-321.722 (E): Amendments DATE: June 12, 2017 INTRODUCTION The purpose of this memorandum is in response to a request for a modification in the Amendment procedures as outlined in City Ordinance 9-14-321.722 (E): Amendments, in which an amendment to expand or reduce a district will require two (2) block faces, instead of the original four (4) block faces. BACKGROUND In 1985, the City adopted ordinance 9-14-321.720 establishing Residential Parking Permit Districts. 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 newly established 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. The petition is only considered for a new district which contains at least four adjacent block face or 50 curb parking spaces. Currently, amendments including, but not limited to, expansion, reduction, or a change in the days/times must comply with the same standards for establishment of a district. DISCUSSION A request to modify the Amendment procedure as described in City Ordinance 9-14- 321.722 (E): Amendments, has been made in which a petition to the City Manager must contain the signatures of an adult member of at least sixty percent (60%) of the dwelling units in the amended residential area with a minimum size of two (2) block faces. The current Ordinance requires an area amendment of four (4) block faces. Expansion areas of a district will inherit the same day/time parking restrictions as the previously established district. Residents wishing to expand/reduce an existing district only need to petition the proposed amended area, that contains a minimum of two (2) block faces, to achieve the sixty percent (60%) requirement. The current Ordinance requires a resident to petition the entire existing district, along with the proposed amended area, to achieve the sixty percent (60%) requirement. A petition to amend the existing district's day/time parking restrictions must comply with the standards for establishment of a district in which the existing district must be petitioned and the signatures of an adult member of at least sixty percent (60%) of the dwelling units in the existing district are in favor of such day/time parking restriction amendment. This procedure for day/time parking restriction amendment would remain unchanged from its current process. RECOMMENDATION I am recommending City Ordinance 9-14-321.722 (E): Amendments, be modified as stated in the attached Ordinance Amendment. ACTION TO BE TAKEN The City Council is requested to adopt the attached amendment to City Ordinance 9-14- 321.722 (E): Amendments Attachment Cc: Crenna Brumwell, City Attorney Maurice Jones, Economic Development Director Troy Kress, Engineering Technician ORDINANCE NO. 33-17 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 hereby 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 consideredforareas 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. AH other requirements of this division must be established. 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 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. 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 a 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 the 5th day of July, 2017. Attest: Keviri S. Firns ahl, Cif C erk Roy D. Buol, Mayor EFFECT OF AMENDMENT 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. 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 both of the following criterions are satisfied during peak periods: 1 . At least eighty percent (80%) 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. 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 a 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. 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: July 7, 2017, and for which the charge is $70.91. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this //a day 1 , 20/ /Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My 0ammIAb100 Exp. Feb. 1, 2020 ,A.M,`.,and five, ,.thirty o'clock (5:30) P.M. daily, or such. 'other OFFICIAL PUBLICATION ORDINANCE NO. 33-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES- TITLE 9 MOTOR .,VEHICLES AND TRAFFIC, CHAP- TER' 14' PARKING, DIVISION 7 RESIDEN- TIAL PARKING PER- MIT PROGRAM, SEC- TION 9-14-321.722 RESIDENTIAL PARK- ING PERMIT PRO- GRAM 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 hereby amended to read as 'follows: ' 9-14.321.722: RESIDEN- TIAL PARKING PERMIT PROGRAM ESTABLISH- ; ED: ; There is hereby established "a residen- tial parking, permit pro - 'gram. The procedure for being designated a "residential parking per- mit district" shall:. be as follows: A. Petition: 1. Required: In order to be considered for a residential parking 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 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.b;oundaries of and the streets within the ,proposed permit park- ing district .shall be clearly identified on each page of the petition. The petition shall also state clearly that, if the district is approved that partici- pation in the program is mandatory, only those vehicles with a permit shall be , per- mitted to, park 'in :the residential- parking permit. district between seven o'clock (7:00) hours as may be requested by .the. petition; and approved by the city .council, except Sundays and hblidays, and an annual fee will ” be charged for a parking permit for, each vehi- cle. The necessary peti- tion 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 pro- posed parking permit district shallaccom- pany the petition. 2. Exception: A peti- tion 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 con- ditions that render ' such requirement un- reasonable. Upon the recommendation of the city manager;such requirement may be waived by the city 'council if it finds that the, proposed residen- tial district is isolated or separated from other residential 'areas by ,topographical fea- tures 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 estab- lishing 'a district. All other requirements' of this division must be established: ' B. Parking Study: Upon receipt of a valid petition, the 1 city manager shall cause a parking study of the area identified in the petition tobe con- ducted. 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:,[: Atleastseventy.,per- cent (70%) of the curb- side ,,parking spaces in the- proposed parking Perrnit1 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 in- formation shall be used. C Parking Study Report And Recommen- dation: ,Upon comple- tion of. °the, :Parking study, if the conditions of subsection B Of this section are establish- ed, the city manager shall make a, .report and recommendation to the city council, based upon the petition and results of the survey,. en whether or not to designate the proposed parking dis- trict or , a portion thereb&as a residential parking permit "district and the hours such restrictions are; to be in effect. The.recorrmmen- 'dation shall' take the following into account: 1. The effect .ori the safety of the residents bf the; proposed 'resi- dential , parking ;Permit district"frorintensive parking'' byr '. nonresi- =dents;" " 2.' The difficulty or inability of residents of the proposed residen- tial parking permit district to obtain ade- quate curbside parking adjacent .to or'near their„ residences be- cause' of widespread use of available -curb- side' parking spaces by nonresident motorists; 3. The? likelihood of alleviating, by: use of the residential parking permit program, any problem of nonavail- 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 a for parking permit district and the -will- ingnesS of those resi- dent5to-bear the cost incidental to the admin- istration of the .resi- dential parking permit program. D. Public Hearing: Upon receipt of the report and recommen- dation from the "'city manager, the'' city council shall. set a public ,hearing on the petition. Upon comple- tion- of. the public, hearing, the city council may reject the petition or. adopt ,an, ordinance designating the permit:. area as a residential parking per- mit 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.submit- ting to the City Manager- a > petition containing the” signa- tures of" an adult cnerriber of at least sixty percent (60%) of the dwelling units in the residential area proposed„. for expan- sion or reduction to the district. - 2. Amendments to the existing districts for a chfange': in the = days/ times must comply with the'standards for establishment of 11- 11W10:!--1 :`district --, 3 An amendment'to expand I'or reduce,a district <^will not, ,be considered' „ if the proposed change, will. not meet . "the req- uirement; "of' two (2) block„- ;faces unless there'are: extenuating conditions that render such' requirement un- reasonable. 4. Expansion areas of a district will inherit ' the same days/times for parking "restrictions as` the previously established district.. Section' 2. This Ord'_.1 i - Nance shall take effect `upon publication.; Passed, approved, and adopted the 5th day of -July, 2417. /s/Roy D. Buni, Mayor Attest:/s/Kevin S. Firnstahl, City Clerk ' Published officiailyWn the Telegraph Herald newspaper on the 7th day of July, 2017, /s/Kevin S. Firnstahl, City Clerk lt, 7/7