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Code of Ordinances Amendment - Title 9 Residential Parking Permits-Study Copyrighted August 5, 2019 City of Dubuque Action Items # 3. ITEM TITLE: Code of OrdinancesAmendment- Title 9 Residential Parking Permit Program - Issuance of Parking Permits SUM MARY: City Manager recommending an amendment to City of Dubuque Code of Ordinance Section 9-14-321 .725(A): Issuance of Residential Parking Permit that amends the issuance of residential and guest parking permits. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.725 Issuance of Residential Parking Permits SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Residential Parking Permit District Ordinance City Manager Memo Amendment-MVM Memo Staff Memo Staff Memo 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 DATE: July 31, 2019 Residents within existing parking permit districts have recently inquired about the issuance of more resident permits to accommodate their dwelling needs. For example, a residential dwelling unit may be home to a family containing two parents and multiple driving-age children who utilize on-street parking near their residence, and two resident permits is not adequate to cover their family needs at the time. As the ordinance currently states, " ... Not more than (2) residential parking permits shall be issued to each dwelling unit." City Engineer Gus Psihoyos is recommending an amendment to City Ordinance 9-14-321.725(A): Issuance of Residential Parking Permit that would have the following changes on the issuance of residential and guest parking permits: A. A residential parking permit shall be issued upon the applicant's 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. Permit fees 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 would 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. 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. I concur with the recommendation and respectfully request Mayor and City Council approval. ���� �� 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 THE CTTY OF � D AN•A�eerica Ciry uB E , � � � � � I 2007•2012•2013 Mastef piece on the Mississippi zoi�*zoi9 TO: Michael Van Milligen, City Manager , � ''r � FROM: Gus Psihoyos, City Engineer r 1�`::.� � DATE: July 29, 2019 RE: Residential Parking Permit District — Ordinance Amendment INTRODUCTION This memorandum is to recommend an amendment to existing City Ordinance 9-14- 321.725(A): Issuance of Residential Parking Permit. 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 (9-14-321.725: Issuance of Residential Parking Permit) established that: A. A residential parking permit shall be issued upon the applicant's payment of the annual residential parking permit fee ($15/year/vehicle) 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 two (2) residential parking permits shall be issued to each dwelling unit; o One (1) guest parking permit shall be issued without charge with each residential parking permit for use only by nonresidents of the residential parking permit district; o Up to two (2) guest parking permits for which an annual fee established by the City Manager shall be charged may be issued to a dwelling unit wherein none of the residents own or operate a motor vehicle; o The owner of a noriresidential building in a parking permit district which was f�rm�rly a r�s�dAnt�a! �uil�ing may �pNly fn�- recir�a�tial p�t'ki�?g pe!'nn�t� �s provided herein. The number of permits which may be issued for such nonresidential building shall be limited to the number of permits that would 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 displayed in the same location. 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 holders of guest permits shall be visitors to the principal permit holder's residence; F. No residential parking permit or guest permit shall be transferred or sold to another party. DISCUSSION Residents within existing parking permit districts have recently inquired about the issuance of more resident permits to accommodate their dwelling needs. For example, a residential dwelling unit may be home to a family containing two parents and multiple driving-age children who utilize on-street parking near their residence, and two resident permits is not adequate to cover their family needs at the time. As the ordinance currently states, "...Not more than (2) residential parking permits shall be issued to each dwelling unit." A possible solution is to allow a dwelling unit to purchase up to (4) four resident permits, at a fee reviewed annually, in which the applicant for, and holder of, the residential parking permit is the owner or principal operator of the vehicle receiving the parking permit and a resident within the existing parking permit district. Guest permits at a fee reviewed annually, would have a maximum of(2) two permits per dwelling unit. Any purchased resident permits do not guarantee a parking space, nor reserve specific parking spaces, it allows the right to park curbside within the parking permit district if space is available. The revenue for the Residential Parking Permit Program from September 1 St, 2017 to August 31 St, 2018 was $20,983.00, but the expense for program operation was $23,254.38, for a short fall of$2,271.38. On-going maintenance costs of existing districts and continued resident petitions for new districts and/or district expansion creates a forecasted expenditure/revenue amount that is unpredictable. Permit years that have little district changes and few maintenance activities could show a positive revenue; while other years where many changes occur to districts resulting in more maintenance activities may show a negative revenue. Resident Parking Permit Districts are found within nearby cities to address similar issues. Below is a cost comparison of Dubuque and for (4) four other cities: • Dubuque, lowa: o (2) Residential Permits ■ Cost $15/ each permit/year o Guest Permits ■ no-charge with purchase of Residential Permit • Davenport, lowa: o Resident and Guest Permits ■ Cost $5/permit/year • Des Moines, lowa: o Type A Permits (Allows resident parking 24 hours a day, 7 days a week, and parking within metered stalls) ■ Cost $50/permit/month o Type B Permits (Allows resident parking from 6 PM to 8 AM daily in non- metered stalls) ■ Cost $25/permit/month • Grinnell, lowa: o Resident Permits ■ Cost $120/permit/year • Madison, Wisconsin: o Resident Permit ■ Cost $42/permit/year RECOMMENDATION ! re�ommend an amendment to City Ordinan�� 9-14-321.725 {A): Issuance of Residenti�! Parking Permit that would have the following changes: A. A residential parking permit shall be issued upon the applicant's 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 Residenfiial parking permits and guest parking permits shall be issued for an annual fee esta�!ished hy t!�e Gity !��lanager v�h�ch �hall be uGed to �ff.set the ca�t af operation and administration of the Residential Parking Permit Program. Permit fees 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 would 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. 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. ACTION TO BE TAKEN The City Council is requested to approve the ordinance to amend the issuance of residential and guest parking permits. Prepared by:Troy Kress, Engineering Technician Cc: Crenna Brumwell, City Attorney Renee Tyler,Transportation Service Director � Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589=4381 ORDINANCE NO. 34-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.725 ISSUANCE OF RESIDENTIAL PARKING PERMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.725 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 applicant's 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. Permit fees 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 would 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 effect upon publication. Passed, approved, and adopted this 5th day of August 21019. Roy D. Buol,/layor Attest: KeviFirnstahl, City Clerk EFFECT OF AMENDMENT 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. Permit fees 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 would 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. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance. 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: August 09, 2019, and for which the charge is $33.55 e Subscribed to before me, a Notary Public in and for Dubuque o nty, Iowa, this ay of Notary P • clic in and for Du&uque ounty, Iowa. DANA M. HUETTMAN Commission Nu r7•89 My Commission Exp OFFICIAL. PUBLICATION , ,ORDINANCE NO.34•19 AMENDING _CITY OF DUBUQUE. CODE OF ORDINANCES T TLE 9 MOTOR VEHICLES AND TRAFFIC,.•CHAF- TER 14 PARKING, DI- VISION 7' RESID- ENTIAL PARKING • PERMIT PROGRAM, SECTION 9=14-321.725 ISSUANCE'OF RESI DENTIAL,PARKING PERMIT • .: =,NOW,' THEREFORE,. BE .IT ORDAINED By THE' CITY, COUNCIL OF THE, CITY- Of DUBUQUE, IOWA: Section 1, Section 9- 14-321.725- of the City ofDubuque Code of Or- dinances is amended to read as follows 9 14 321.725 IS- SUANCE OF RESIDEN- i TIAL PARKING PERMIT:: A: A residential, park= inn- permit 'shall be sued upon2 the:cantis payment of the annual c -`residential parking permit fee and submission of a- com- pl'eted residential park- ing permit application. A separate' parking per- mit fee and application is+ required'• for each motor vehicle the ap- plicant parks curbside Within the district r , Not more than four (4) residential parking per- mits shall be issued.to-, each dwelling unit - :INot more than two (2) guest parking permits shall be issued to each, dwelling unit within .a'; residential parkmg;per Mit district Residential `parking permits .> and , guest parking permits shall be issued for an annual „ fee established'by ,tie City' =Manager. which shall be used to, -offset the cost of operation and administration of the Residential„Parking Permit Program. Per- mit fees are; not re- fundable or eligible for proration, The owner ,at a; non- residential building; in a parking permit district which was .formerly ;a residential building may, -apply for;, residen- tiai,parking, permits,as provided herein. The number of permits which, may issued for sur.'ch,nonesidentlal building shall; be limit- ed to the ;number of permits that, ,•;would have , been available when the buildingwas used for residential purposes B The residential parking perhiit shall be. permanently affh(ed:to t e ,inside'bottom ;left ,. corner of`' the front winishieltl.,.Guest per- mits. shall.;be • promi- nently displayed Vehi- cles not equipped with a front windshield shall permanently'.affix the permit in a prominent location . C.,No residential: park-: inti permit ';hall be'is- suedfor - •a: :vehicle whose owner or princi- pal operator is not a resident in :the, desig- nated residential park- ing permit'dstrict. D. The applicant for, andholder of, the resi- dential parking permit shall bei the owner or principal` operator :of the' vehicle .'receiving the parking permit' 'E.` -The users of guest permits shallbe for the primary purpose of vis- iting the principal per= mit holder's `residence and; (must'.' belt at the premises whife'r'the guest permit is being utilized F. No residential park- ing permit or guest perrhitshall `be trans - ferrel or sold; to anoth- er'party, Section 2. This ordi- nance shall take effect I upon publication Passed,appreved,;and adopted this.`5th day of August 2019:` '/s/Roy D Buol Mayor Attest: /s/Kevin S. Firhstahl, City Clerk Published ,officially' in the Telegraph' -Herald newspaper on the 9th day of August 2019. /s/Kevin 5 Flrnstahl, , City Clerk 1t 8/9 .