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