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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.