Code of Ordinances Amendment - Title 14 Residential Parking Permit ProgramMasterpiece on the Mississippi
Dubuque
band
AI -America City
11111r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Ordinance 9-14-321.722: Residential Parking Permit Program
Proposed Amendment
DATE: April 11, 2014
City Engineer Gus Psihoyos and Assistant City Attorney Crenna Brumwell recommend
City Council approval of an amendment to City Ordinance 9-14-321.722: Residential
Parking Permit Program, adding a provision which outlines the procedure for
amendments to an existing Residential Parking Permit District.
Amending City Ordinance 9-14-321.722 would clearly state the process in which
residents must follow to be properly amended to an existing Residential Parking Permit
District. Due to increasing parking congestion near high school and college campuses,
many residents have contacted the City on the process required to be amended to an
existing Residential Parking Permit District. With this ordinance amendment, the
process will be clear for all residents who seek an amendment to such nearby
Residential Parking Permit Districts.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brill/14 ,,,,,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB
Masterpiece on the Mississippi
TO: Mike Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Crenna Brumwell, Assistant City Attorney
DATE: April 16, 2014
Dubuque
britml
AU -America City
2007 • 2012 •2013
RE: City Ordinance 9-14-321.722: Residential Parking Permit Program
Proposed Amendment
INTRODUCTION
The purpose of this memorandum is to recommend City Council approval of a proposed
amendment for City Ordinance 9-14-321.722: Residential Parking Permit Program,
adding a provision which outlines the procedure for amendments to an existing
Residential Parking Permit District.
BACKGROUND
Established in 2008, the Residential Parking Permit Program was adopted by City
Council to:
• Reduce the traffic congestion resulting from the use of streets within residential
districts for vehicles parked by persons not residing within the residential district,
• Protect the residential districts from polluted air, excessive noise, and refuse
caused by the entry of such vehicles,
• Protect the residents of these residential districts from unreasonable burden in
gaining access to their residences, and
• Preserve the character of these districts as residential districts.
Currently, there are eight (8) Residential Parking Permit Districts (RPPD) within the City
located near high school and college campuses.
DISCUSSION
The residents that live in the fringe areas of established districts are being impacted by
parked vehicles that relocate to outside the district, causing the initial problem of parking
congestion in one area to simply move to another area. As a result of this, residents in
the affected fringe areas are trying to include themselves in the established district. To
be amended to an established district, residents must comply with the standards for
establishment of a district, petition residents within the existing district and if applicable,
residents of the area proposed for addition to the district. However, no formal
explanation of this process is included in the ordinance.
Amending City Ordinance 9-14-321.722 (E): Amendments, clearly states the process in
which residents must follow to be properly amended to an existing RPPD. Due to
increasing parking congestion near high school and college campuses, many residents
have contacted Engineering on the process required to be amended to an existing
RPPD. With this ordinance amendment, the process will be clear for all residents who
seek an amendment to such nearby RPPD's.
REQUESTED ACTION
I respectfully recommend approval to amend City Ordinance 9-14-321.722 (E):
Amendments.
cc: Tim Horsfield, Parking Supervisor
Troy Kress, Engineering Technician
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 33-14
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 BY ADDING A PROVISION WHICH OUTLINES
THE PROCEDURE FOR AMENDMENTS TO A RESIDENTIAL PARKING PERMIT
DISTRICT
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.
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, including but not limited to,
expansion, reduction, or a change in the days/times must comply with the
standards for establishment of a district.
2. All petitions to amend a district must include the residents of the
existing district and, if applicable, the residents of the area proposed for
addition to the district.
3. An amendment will not be considered if the proposed change will
not meet the requirement of four (4) block faces or fifty (50) parking
spaces unless there are extenuating conditions that render such
requirement unreasonable.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 21st dayf April, 2014.
Roy D. BI, Mayor
Attest:
Kev'n S. Firnstahl, Cit'Clerk
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: April 25, 2014, and for which the charge is $65.58.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB, 1, 2017
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this „efe day of
20 !z• .
Notary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO. 33-14
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 9
MOTOR VEHICLES
AND TRAFFIC, CHAP-
TER 14 PARKING, DI-
VISION 7 RESIDEN-
TIAL PARKING PER-
MIT PROGRAM, SEC- ,
TION 9-14-321.722
RESIDENTIAL PARK-
ING '" PERMIT PRO-
GRAM ESTABLISHED
BY ADDING A PROVI-'
SION WHICH OUT-
LINES THE PROCE-
DURE FOR AMEND-
MENTS TO A RESI-
DENTIAL PARKING
PERMIT DISTRICT
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Section 9-
14-321.722 of the City
of Dubuque Code of Or-
,
dinances is amended
to read as fgllows:
9-14-321.722: RESI-
DENTIAL PARKING PER-
MIT PROGRAM ESTAB-
1 mum.
I There Is herebyestab
lished a residential
parking i'ermit 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 resi-
dents 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 on-
ly be considered for
areas which contain at
;areas
four (4) adjacent
block faces or fifty (50)
curb parking spaces.'
The boundaries of and
the streets within the
proposed permit park -
Ing district shall be
clearly Identified on
each, page of the peti-
tion. The petition shall
also state clearly that,
if the district is ap-
proved that participa-
tion in the program is
I mandatory, only those
vehicles with a permit
I shall be permitted to
I park in the•residential
I parking permit district
between seven o'clock
(7:00) A.M. and five
thirty o'clock (5:30)
P.M..daily, -or such oth-
er hours as may be re-
quested by the petition
and approved by the
city council, except
Sundays and holidays,
and an annual fee will
be charged for a park-
ing permit for each vee
hicle. The necessary
' petition • can be ob-
tained from the office.
' of the city clerk. A cov-
i er letter explaining the
1 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 peti-
tion may be considered
for an area•which con-
tains less than four (4)
adjacent block faces or
'fifty (50) curb parking
spaces if there are ex-
tenuating conditions
that render. such re-.
qulrement unreasona-
ble. Upon the recom-
mendation of the city
manager, such require-
ment 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 com-
mercial area. The city ,.
council shall not grant
such a waiver, howev-
er, if it determines that
the only basis for
granting such a waiver
is the convenience of
the residents or if It de-
termines that the waiv-
er 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 man-
ager shall cause a
parking study of . the
area Identified in the
. petition to be conduct-
ed. A residential park-
ing 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 per-
cent (80%) of the curb-
side 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 in-
formation shall be
used.
C. Parking Study Re-
port 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 peti-
tion and results' of the
survey, on whether or
not to designate the
proposed parking dis-
trict or a portion there-
of as a residential
parking' permit district
and the hours such re-
, strictions are to be in
effect. TJie recommen-
dation shall take the
following into account:
1. The effect on the
safety of the residents
of the proposed resi-
dential parking permit
district from intensive
parking by ,nonresi-
dents;
2. The difficulty or in-
ability of residents of '
the proposed residen-
tial parking permit dis-
trict to obtain ade-
quate, curbside
de-quate,curbside parking
adjacent to or near
their residences be-
cause of widespread
useof, available curb- ;
side parking spaces by
nonresident motorists; '
3. The likelihood of al
leviating, by use of the
residential parking per- I
mit program, any prob-
lem of nonavailability
of residential parking
spaces; and
4. The desire .of the'
residents in the pro-
iposed residential park-
ng permit area for the
institution of a residen
tial parking permit dis- '
tract and the willing_ ;
•ness of those residents I
to -bear the cost inci-
dental to the adminis-
tration of the residen-
tial parking permit pro-
gram.
D. Public Hearing:
Upon receipt of the re-
port and recommenda-
tion from the city man-
ager, the city council
shall set a public hear- _i
ing on the petition.
Upon completion of the
public hearing, the city
council may reject the
petition or adopt an or-
dinance designating
the permit area as a
residential parking per-
mit district . and the
'hours such parking re-
strictions are to be in
effect.
E. Amendments:
1. Amendments to the "
existing districts, in -
eluding but not limited
to, expansion, reduc-
tion, or a' change in the
days/times must com-
ply with the standards
for establishment of a
district.
2. All petitions to•
amend a district must
Include the residents of
the existing district
and, if applicable, the
residents of the area
proposed for addition ,
to the district.
3. An aMendment will
not be considered if
the proposed .change
will not meet the re-
quirement of four (4)
block faces or fifty (50)
parking spaces unless
there are extenuating
conditions that render
such requirement un-
reasonable.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved, I
and adopted the 21st
day of April, 2014.
/s/Roy D. Buol, Mayor '
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 25th
day of April, 2014. J
/s/Kevin S. Firnstahl, I
City Clerk
1t 4/25
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, including but not limited to,
expansion, reduction, or a change in the days/times must comply with the
standards for establishment of a district.
2. All petitions to amend a district must include the residents of the
existing district and, if applicable, the residents of the area proposed for
addition to the district.
3. An amendment will not be considered if the proposed change will
not meet the requirement of four (4) block faces or fifty (50) parking
spaces unless there are extenuating conditions that render such
requirement unreasonable.