HomeMy WebLinkAbout2006-10-03 Ordinance
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Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City,lA 52240; 319-356-5243 (REZ06-00010)
ORDINANCE NO. 06-4236
AN ORDINANCE REZONING APPROXIMATELY 9.53 ACRES OF LAND, LOCATED EAST OF
GILBERT STREET AND WEST OF SANDUSKY DRIVE FROM INTERIM DEVELOPMENT-
RESIDENTIAUHISTORIC DISTRICT OVERLAY (ID-RS/OHD) ZONE TO LOW DENSITY SINGLE-
FAMILY RESIDENTIAUHISTORIC DISTRICT OVERLAY (RS-5/0HD) ZONE
WHEREAS, Don Cochran has applied for a rezoning of approximately 9.53 acres of property from
Interim Development-Single-Family 'Residential/Historic District Overlay (ID-RS/OHD) zone to Low
Density Single-Family Residential/Historic District Overlay (RS-5/0HD) zone; and
WHEREAS, said property is located east of South Gilbert Street and west of Sandusky Drive; and
WHEREAS, said property is a local landmark and is commonly know as the McCollister Farmstead;
and
WHEREAS, the South District Plan recognizes the historic significance of the property and identifies
the area as appropriate for low density single-family residential type development; and
WHEREAS, the property contains environmentally sensitive areas and the applicant has provided a
plan delineating the sensitive features and protection measures; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
heard public input; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Interim
Development-Single-Family Residential/Historic District Overlay (ID-RS/OHD) zone to Low Density
Single-Family Residential/Historic District Overlay (RS-5/0HD) zone:
BEGINNING at the Southeast corner of Auditor's Parcel 2004120, Iowa City, Iowa, in accordance with
the Plat thereof Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's
Office; Thence S88'37'18"W, along the Southerly line of said Auditor's Parcel 2004120, a distance of
647.55 feet, to the Southwest corner thereof; Thence Northwesterly, 3.40 feet, along the Westerly line
of said Auditor's Parcel 2004120, and an arc of a 5864.50 foot radius curve, concave Southwesterly,
whose 3.40 foot chord bears N29'19'27'W; Thence N30'29'28'W, along said Westerly line, 90.43
feet, to the Northwest corner thereof; Thence N69'30'32"E, along the Northerly line of said Auditor's
Parcel 2004120, a distance of 40.62 feet, to its intersection with the Easterly Right-of-Way line of
Gilbert Street; Thence N30'29'28'W, along said Easterly Right-of-Way line, 518.18 feet, to a point on
the Northerly line of Auditor's Parcel 2004121, Iowa City, Iowa, in accordance with the Plat thereof
Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence
N87"38'37"E, along said Northerly line, 246.44 feet, to the Northwest corner of the Southeast Quarter
of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; Thence N88'36'08"E, along said Northerly line, and the Northerly line of said Auditor's
Parcel 2004120, a distance of 643.71 feet, to the Northeast corner of said Auditor's Parcel 2004120;
Thence S02'43'14"E, along the Easterly line of said Auditor's Parcel 2004120, 549.60 feet; Thence
S53'41'52"E, along said Easterly line 4.91 feet, to said POINT OF BEGINNING. Said Tract of land
contains 9.53 acres, and is subject to easements and restrictions of record.
Ordinance No. Oti-4?1.t;
Page 2
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this....lIl!.. day of October
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MAYOR
Approved by
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City Attorn s Office
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CITY LERK
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PCD\Staff Reports\ORD\ORD REZ06.00010 McCollisterFarmsted.doc
Ordinance No. nh-4?'h
Page -L
It was moved by Bailey and seconded by Correia
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 9/5/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration 9/19/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Date published 10/11/2006
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IOWA CITY IOWA
OFFICE: 319-351-8282
CEDAR RAPIDS IOWA
OFFICE: 319-841-5188
September 22, 2006
City ofIowa City
Attn: Ross Wilburn, Mayor and Council Members
410 East Cherry
Iowa City, Iowa 523 I 7
Dear Mayor Wilburn and Council Members:
On behalf of Arlington Development, we are requesting expedited consideration for the 2nd and
3rd readings of Stone Bridge Estates Parts 5-9, conditional rezoning (REZ06-00022) at the
October 3, 2006 meeting.
If you have any questions or require any additional information, please contact us accordingly.
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Prepared by: Sunil Terdalkar. PCD, 410 E. Washin9ton Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00022)
ORDINANCE NO. 06-4237
AN ORDINANCE CONDITIONALLY REZONING 49.05 ACRES OF PROPERTY LOCATED
SOUTH OF LOWER WEST BRANCH ROAD, NORTH OF COURT STREET AND WEST OF
HUNTINGTON DRIVE FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-51 ZONE
TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY SINGLE-FAMILY RESIDENTIAL
(OPD-51 ZONE. (REZ06-000221
WHEREAS, Arlington Development, LLC has applied for a rezoning of approximately 49.05 acres of
property from Low Density Single-Family Residential (RS-5) Zone to Planned Development Overlay/Low
Density Single-Family Residential (OPD-5) Zone along with a 138-lot residential subdivision; and
WHEREAS, the Northeast District Plan identifies the area as appropriate for low density single-family
residential type development; and
WHEREAS, the property contains environmentally sensitive areas and the proposed development
activity will result in the disturbance of regulated critical slopes which requires Planned Development
Overlay rezoning for the overall subdivision; and
WHEREAS, the critical slopes to be disturbed are not natural slopes but appear to have been created to
allow terrace farming; and
WHEREAS, the Conditional Zoning Agreement required at the time of previous rezoning approvals,
addressing the design of proposed subdivision and open space, and the funding of the future improvements
to Lower West Branch Road will continue to be in effect;
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard
public input, and has recommended approval; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Low Density Single-
Family Residential (RS-5) to Planned Development Overlay/Low Density Single-Family Residential Zone
(OPD-5) and the associated Preliminary Sensitive Areas Development Plan is approved:
The following legal description has been compiled from deeds and plats of record.
Beginning at the Southeast Corner of Windsor Ridge - Part Fifteen, also being the Southwest Corner
of Auditor's Parcel 99087, in accordance with the Recorded Plats thereof; Thence NOoo29'10'W along
the East Line of said Windsor Ridge - Part Fifteen, 691.97 feet to the Southwest Corner of Stone
Bridge Estates - Part One, in accordance with the Recorded Plat thereof; Thence Northwesterly
293.62 feet along the Southerly Line of said Stone Bridge Estates - Part One, also being the arc of a
370.00 foot radius curve, concave Northwesterly, whose chord bears N54039'08"E, 285.97 feet;
Thence S58004'53"E along said Southerly Line, 125.00 feet to a point on the West Line of Stone
Bridge Estates - Part Three, in accordance with the Recorded Plat thereof; Thence S4300T03'W
along said West Line, 27.89 feet to the Southwest Corner of said Stone Bridge Estates - Part Three,
Thence S54052'57"E along the South Line of said Stone Bridge Estates - Part Three, 179.65 feet;
thence Northeasterly, 30.02 feet along said South Line, also being the arc of a 670.00 foot radius
curve, concave Northwesterly, whose chord bears N33050'02"E, 30.01 feet; Thence S57"26'58"E
along said South Line, 125.00 feet; Thence N27"21'32"E along the East Line of said Stone Bridge
Ordinance No. 06-4217
Page 2
Estates - Part Three, 143.87 feet; Thence N16058'33"E along said East Line, 143.87 feet; thence
N08031'10"E along said East line, 143.31 feet; thence N86005'38"E along said East Line, 49.95 feet;
thence N16'16'16'W along said East Line, 185.88 feet; thence Southwesterly 41.29 feet along said
East Line, also being the arc of a 260.00 foot radius curve, concave Northwesterly, whose chord
bears S78016'43'W, 41.25 feet; thence NOr10'18'W along said East Line, 112.65 feet to a point on
the South Line of Stone Bridge Estates - Part Four, in accordance with the Recorded Plats thereof;
Thence N89030'50"E along said South Line, 29.30 feet; Thence N40054'52''E along the East Line of
said Stone Bridge Estates - Part Four, 79.99 feet; Thence N01020'11"E along said East Line, 216.45
feet; Thence N70'52'51'W along said East Line, 135.91 feet; Thence Northeasterly 111.65 feet along
said East Line, also being the arc of a 326.30 foot radius curve, concave Northwesterly, whose chord
bears N09018'59"E, 111.11 feet; Thence N00029'10'W along said East Line, 90.00 feet; Thence
S89030'50'W along the North Line of said Stone Bridge Estates - Part Four, 50.00 feet; Thence
Southwesterly 31.42 feet along said North Line, also being the arc of a 20.00 foot radius curve,
concave Northwesterly, whose chord bears S44030'50"W, 28.28 feet; Thence S89030'50'W along
said North Line, 94.34 feet; Thence NOoo29'10'W along said East Line, 116.07 feet; Thence
N78047'27"W along said north line, 66.87 feet; Thence S87046'23'W, 3.25 feet to a point on the east
line of Auditors Parcel No. 2001-015, in accordance with the Recorded Plat thereof; Thence
NOoo01'04"E along said East line, 309.80 feet to a point on the North Line of the Southeast Quarter of
Section 7, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa;
Thence S89058'56"E along said North Line, 713.20 feet; Thence S03'17'33"E, 362.35 feet; Thence
S11042'27"E, 104.62 feet; Thence N60023'10''E, 85.89 feet; Thence S47025'02"E, 184.92 feet;
Thence S18009'37"E, 315.27 feet; Thence SOr21'53"E, 190.04 feet; Thence SOoo09'52"E, 528.71
feet; Thence S38028'20'W, 234.34 feet to the Northwest Corner of Windsor Ridge - Part Twenty-One;
Thence SOO'OO'OO'W along the West Line of said Windsor Ridge - Part Twenty-One, 53.37 feet;
Thence S31048'04'W along said West Line, 572.39 feet; Thence S09005'14'W along said West Line,
141.13 feet to the Southeast Corner of said Auditors Parcel No.99087; Thence Northwesterly 139.59
feet along the southerly line of said Auditors Parcel No. 99087, also being the arc of a 1950.00 foot
radius curve, concave Northwesterly, whose chord bears N78051'45"W, 139.56 feet; Thence
N76048'42"W along said South Line, 293.93 feet; Thence Northwesterly 601.06 feet along said south
line, also being the arc of a 2926.05 foot radius curve, concave Southwesterly, whose chord bears
N82041'47"W, 600.01 feet to the Point of Beginning. Said Tract of land contains 49.05 acres, more or
less, and is subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the
Preliminary Sensitive Areas Development Plan, and to record the same, at the office of the County
Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY.. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
October
,20.J)L.
MAYOR
ATTEST: 7~-,~....d'v '7/!~
CI LERK
Approved by: If~ "" /tt1t!?f;4>
City Attorney's Office
PCD\Slaff ReportsIORD\ORD REZ06-00022 Stone Bridge OPO.doc
Ordinance No. 06-4217
Page --L
It was moved by V~nc1p,.hopf and seconded by
as read be adopted, and upon roll call there were:
r.hPlmpinn
that the Ordinance
AYES: NAYS: ABSENT:
1<
X
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
.Wilbum
y
1<
X
First Consideration 9/17/06
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration _____n_________
Vote for passage:
Date published 10/11/0f>
Moved by Vanderhoef, seconded by Champion, that the rule requ1r1ng ordinacces to be consider
and voted on for passage at two Council meetings priortto the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Champion, Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None.
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Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ06-00015)
ORDINANCE NO. 06-4238
AN ORDINANCE CONDITIONALLY REZONING 1.12 ACRES OF PROPERTY LOCATED AT
314 AND 328 S. CLINTON STREET FROM CENTRAL BUSINESS SUPPORT (CB-5) ZONE TO
CENTRAL BUSINESS (CB-10) ZONE.
WHEREAS, the applicant Hieronymus Square Associates has requested that the property located at 314
and 328 S. Clinton Street be rezoned from Central Business Support (CB-5) Zone to Central Business (CB-
10) Zone; and
WHEREAS, the Planning and Zoning Commission has found merit in providing additional areas zoned
for CB-10 development south of Burlington Street provided concerns regarding a mix of commercial and
residential land uses, the provision of adequate parking, a mix of residential units, building bulk, building
setback, vehicular circulation routes, landscaping and building design are addressed; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs caused by the rezoning request; and
WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions are
reasonable to ensure that development of this property within the CB-10 zone complies with the
Comprehensive Plan's vision for the Near Southside Neighborhood, and is compatible with the downtown,
provides sufficient parking, and pays a portion of the parking impact fee that would have been required in the
CB-5 zone, provides open space in the form of a landscaped court yard, provides a setback from Burlington
Street and contains a mix of uses and housing types.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the property described below is hereby reclassified from CB-5 to
CB-10:
Lot 8, Lot seven 7, and the North one hundred sixty (160) feet of the former public alley, all in Block 102,
Original Town, Iowa City, Iowa.
The South sixty (60) feet of Lot 6 and the North (forty-four) (44) feet of Lot 5 in Block 102, Original Town,
Iowa City, Iowa.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change
the Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval,
and publication of this Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement attached hereto and incorporated by reference herein.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and
after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to
certify a copy of this Ordinance and the Conditional Zoning Agreement and to record the same at the Office
of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by iaw.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Ordinance No. nr; (.?JR
Page 2
-iZlj"]C"
MAYOR
ATTEST:J?~ K...~
CITY C ERK
Octoher
:::r:!~ C?z: B/~~!&~
Ppdadm/ordlrez06-OO015.doc
. 20..2.6-.
Ordinance No. 06-4238
Page ~
It was moved by O'Donnell and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 9 /5 /06
Vote for passage: AYES: Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT:None.
Second Consideration 9/19/06
Vote for passage: AYRS: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Date published 10/11/2006
Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ06-00015)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Alfreda Investments L.L.C. (hereinafter "Owner") and Hieronymus Square
Associates, L.L.C. (hereinafter "Developer"); and
WHEREAS, Owner is the legal title holder of approximately 1.12 acres of property located south
of Burlington Street west of Clinton Street; and
WHEREAS, the Owner and Developer have requested the rezoning of said property from
Central Business Support (CB-5) zOne to Central Business (CB-10) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the mix of uses, residential dwelling density and type, the provision of
parking spaces and payment of parking facility impact fees, building setback, bulk and design,
and landscaping requirements, the requested CB-10 zoning is appropriate in this location to
allow the extension of downtown; and
WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose
reaSOnable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property conforms with the Comprehensive Plans vision for the
development of the Near Souths ide Neighborhood; and
WHEREAS, the Owner and Developer agree to develop this property in accordance with the
terms and conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Owner is the legal title holder of the property legally described as follows:
Lot 8, Lot seven 7, and the North one hundred sixty (160) feet of the former public alley, all in Block
102, Original Town, Iowa City, Iowa.
The South sixty (60) feet of Lot 6 and the North (forty-four) (44) feet of Lot 5 in Block 102, Originai
Town, Iowa City, Iowa.
2. The Owner and Developer acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa
Code ~414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above the existing
regulations, in order to satisfy public needs caused by the requested change, including
conditions regarding the mix of uses, residential dwelling density and type, the provision
of parking spaces and payment of parking faCility impact fees, building setback, bulk and
design, and landscaping requirements. Therefore Owner and Developer agree to certain
conditions over and above City regulations as detailed below.
ppdadmlagtlrez06"(x)()15 hieronymus cza 9.1,06 final
1
3. In consideration of the City's rezoning the subject property, Owner and Developer agree
that development of the subject property will conform to the requirements of the zoning
chapter, as well as the following conditions:
a. The building or buildings to be constructed on this property will be a mixed-use
commercial and residential development with a minimum of one floor of commercial
development above the ground floor.
b. The property shall contain a maximum of 200 dwelling units with a mix of studio or 1
bedroom units, 2 and 3-bedroom units.
c. No more than 30% of the dwelling units shall contain 3 bedrooms. There shall be no
dwelling units with more than 3 bedrooms.
d. A minimum of 80 parking spaces will be prOVided in a below grade parking facility to
serve the residential occupants of the property.
e. A parking requirement will be calculated for all dwelling units within the development
based on the parking requirements of the CB-5 zone, pursuant to Title 14, Chapter 5,
Article A, of the Iowa City Code, entitled "Off Street Parking and Loading Standards.
Prior to issuance of an occupancy permit for the building or buildings to be constructed
on the property, payment of parking facility impact fees will be made to the City for
dwelling units for which on-site parking is not provided. The amount of the fee for each
required parking space not provided on-site shall be computed in the manner set forth in
sections 14-7B-7(C) and 14-7B-7(F) of the City Code. Payment, deposit, use and
refunds of fees shall be governed by sections 14-7B-8, 14-7B-9 and 14-7B-10 of the City
Code.
f. The building shall be a minimum height of 7 stories.
g. The building shall be set back a minimum of 10-foot from the Burlington Street right-
of-way. This 10-foot setback applies to the upper floors of the building as well as the
ground floor.
h. The owner shall dedicate to the City right-of-way for an alley or a public access
easement to provide vehicular circulation through Block 102 in lieu of the alley right-of-
way which is being vacated to allow development of this property. The location of the
alley or public access easement shall be identified prior to the issuance of a building
permit and established and open to the public prior to an occupancy permit.
i. The property shall include a landscaped court yard which includes a central feature
such as a fountain, reflecting pool or a public art element, public seating areas,
landscaping beds or large planters. A minimum of 50 percent of the paving surface of
the court yard shall consist of decorative materials such as clay, concrete or stone
pavers. The court yard shall be screened from service areas. A plan for landscaping of
the court yard area demonstrating compliance with these requirements will be prepared
by the applicant and approved by the Design Review Committee prior to issuance of a
building permit.
j. The design of the development must be approved by the Design Review
Committee. The owner and Developer must demonstrate to the satisfaction of
ppdadmlagUrez06-QO015 hieronymus cza 9.1 ,06 final
2
the Design Review Committee how the proposed street-level falfade will meet the
following standards:
. The plane of the building at the street-level must be broken into vertical
modules that give the appearance of smaller, individual storefronts reflective
of the pattern and character found in downtown Iowa City. Each module
must be no greater than 50 feet and no less than 20 feet in width and must
be distinguished from the abutting module(s) by a significant and visible
change in building materials and a variation in the wall plane of at least 16
inches. Changes in material colors and textures and other architectural
detailing should be used to enhance this effect.
. To create a human-scaled environment that is comfortable and attractive to
pedestrians, awnings and/or canopies must be used to enhance the
storefront modules.
. Pedestrian entrances must be attractive and inviting features along the
street-level and must be architecturally emphasized in a manner that is
reflective of the pattern and character found in downtown Iowa City.
4. The Owner, Developer and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code 9414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Developer and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Owner and Developer acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owner or Developer from complying with all other
applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
pUblication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
ppdadm/agVrez06-QOO15 hieronymus cza 9.106 final
3
Dated this ~ day of
October
,20 06 .
CITY~=7
Ross Wilburn, Mayor
)AM~
Attest:
771~A/~__./ k. f(avJ
Marian K. Karr, City Clerk
ALFREDA INVESTMENTS L.L.C.
0- M= (l ~'~J~
Name) (Title)
"--
(Name)
(Title)
( Jo~n
-.~A
Mike Hodge, Ma er
QUARE ASSOCIATES, L.L.C.
ApP'O"" by, CA..c.
~>>r. 1- ~--Of,
City Attorney's Office
ppdadmlagVrez06-OOO15 hieronymus cza 9_'_06 final
4
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 3 d day of OC."<JI3Efi!'.- , A.D. 20~, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
~ SONDRAE FORT
o ~ Commission Number 159791
. . My Commission expires
OW - -0
.s",.,~ F o-rb
Notary Public in and for the State of Iowa
My commission expires: e - '1- 0'1'
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ day of ~",kv , A.D. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
Svho'l Hj"a'1i.....~ , to me personally known, who being by me duly sworn,
did say that the person is fi1,1~.qe ~ (titie) of
k I i.e,j. " n.."f"'41s' L L c.. , and that said instrument was signed on behalf of the
said limited liability' company by authority of its managers and the said
M.~ .<~ -' acknowledged the execution of said instrument to be the voluntary
act and Cleed of said limited liability company by it voluntaril cuted.
....
Not
e State of Iowa
My commission expires: i 1- v(" - () 1/
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
ppdadmlagVrez06-ClOO15 hieronymus cza 9.'.06 final
5
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this Sf)> day of Sefk~b/ , A.D. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
/h ,'/te fJq-J.J<' 0"'- ..J2ih. t1,trahh<"> , to me personally known, who being by me duly sworn,
did say that the persons ...jsq~( fi1 <<0.<< ,..e "--c (title) of
f{ e..ro..I(.......~ _ S~ "....t ,4ss",<,...f<., ,l-L.t:.- ,and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
I"~" '~v c; acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
KEVIN D. DIGMANN
Commiuion _71N66
. My Commiuion Ellpiroo e State of Iowa
"
My commission expires: I ~ - ofp - o&-"
ppdadmlagtlrez06-QOO15 hieronymus cza 9_1_06 final
6
M~';1
I
\~ ~,\
\
-.
Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa CitY, IA 52240; 319-356-5240 (VAC06-0005)
ORDINANCE NO. 06-4239
AN ORDINANCE VACATING THE EAST.WEST ALLEY IN BLOCK 102
WHEREAS, the applicant, Hieronymus Square Associates, is proposing the redevelopment of Block 102
located south of Burlington Street and west of Clinton Street; and
WHEREAS, the proposed redevelopment of this property, known as Hieronymus Square, requires the
relocation of the east-west alley within this block; and
WHEREAS, the applicant has agreed to replace the east-west alley in an appropriate location to connect
to the existing north-south alley to provide for continuous alley circulation within this block; and
WHEREAS, the Planning and Zoning Commission have reviewed this requested alley vacation and have
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The east-west alley located in Block 102 west of Clinton Street is hereby
vacated subject to dedication of an alley right-of-way or a public access easement in a location satisfactory to
the City.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. 'If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validitY of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
d and approved this ~day of October ,20llfl..-.
~
MAYOR. ' //)-1 J
ATTEST;/?~- -...d K. ~
CITY C RK
~ 'Z-'2fI4P
ppdadm/ordfvac06-OOO5.doc
-~".~------~-~---_....".--- "',.._---_._.._--~_.__.__._----_...~--",.__.__.._,.~._---._-----~------,_..~-_._-_._-----_._-_.....-
Ordinance No. 06-4239
Page 2-
It was moved by Champion and seconded by
as read be adopted, and upon roll call there were:
Vanderhoef that the Ordinance
AYES; NAYS; ABSENT:
J(
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9/5/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration 9/19/06
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: None.
Date published 10/1 ] /2006
9
Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 2, ENTITLED "VEHICLES FOR HIRE" BY REPEALING SAID CHAPTER IN ITS
ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 2, ENTITLED "TAXICABS,"
WHEREAS, City Code section 5-2 establishes regulations for Vehicles for Hire; and
WHEREAS, City Council wishes to update and enhance appearance and operation of such vehicles;
and
WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled 'Vehicles for Hire," is
hereby amended by deleting it in its entirety and adding a new Chapter 2, entitled "Taxicabs. as follows:
5-2-1: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a
route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport.
APPLICANT: An individual or company wishing to operate as a taxicab within the corporate city limits.
CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either
on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24)
hours in advance of the service. The vehicle shall operate without a meter installed and charge for
services on an hourly basis or longer periods of time.
DECAL: A license issued by the city clerk for each vehicle operated by a taxicab business.
DRIVER: A person who is authorized by the city to drive a taxicab and has a valid driving badge.
DRIVING BADGE: A card or badge issued by the city clerk to each driver authorized to operate a taxicab.
HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and
carrying passengers for hire within the city, and operates without a taxi meter.
PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, having two (2)
or more wheels, furnished with a driver and carrying passengers for hire. It shall be equipped with
properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right
and left turn signals, and operates without a taxi meter.
RATE CARD: A card to be displayed in each vehicle for hire containing the maximum fare rates then in
force, and complaint procedure.
STREET: Any street, alley, court, lane, bridge or public place within the city.
TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but
not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. "Charter transportation" as
defined in this section and a vehicle owned or operated by any governmental entity that provides public
transportation are not taxicabs.
TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business.
-~,"--'------'----'--"_.'-------'----"~----'---------,------.--------.---.----.--..-----.-.
Ordinance No.
Page 2
TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate
limits of the City of Iowa City.
TAXIMETER: An instrument or device attached to measure mechanically, electrically, or electronically
the distance driven and the waiting time upon which the fare is based and converts them to monetary
charges.
5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS.
A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City
Clerk on forms provided by the City, which shall be verified and shall furnish the following information:
1. The name and address of each person with an ownership interest in the company wishing to
operate a taxicab business.
2. The experience of the applicant in the transportation of passengers.
3. The record of convictions of misdemeanors and/or felonies, including moving and nonmoving traffic
violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for
each person identified in subsection A 1 of this section.
4. The signature of all persons with an ownership interest in the applicant.
5. Such pertinent information as the City may require.
B. MINIMUM QUALIFICATIONS: Each taxicab business shall meet the following minimum requirements:
1. Provide a minimum of 2 qualified licensed taxicab drivers.
2. Provide a minimum of 2 qualified licensed taxicab vehicles of which a minimum of one vehicle shall
be in operation at all times. All taxicabs must comply with the vehicle requirements of this Chapter.
3. Provide a certificate of liability insurance in accordance with this Chapter.
4. Meet all applicable zoning ordinance regulations and other city regulations.
C. ISSUANCE OR DENIAL OF BUSINESS LICENSE. If the City Clerk finds that the applicant has fully
complied with the requirements of this Chapter and the Police Chief or Chiefs Designee has
determined that there is no information which would indicate that the issuance of the license would be
detrimental to the safety, health or welfare of residents of the city, the City Clerk shall issue a license
to conduct a taxicab business.
D. DECALS
1. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the
City Clerk on forms provided by the City.
2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has
been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield
on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the
veh icle.
3. Issuance Or Denial Of Decal; Nontransferability:
a. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter
and the Police Chief or Chiefs Designee determines that there is no information which would
indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents
of the city, the City Clerk shall issue a decal for the taxicab.
b. The decal shall be nontransferable as between vehicles and taxicab businesses.
---_.__._,~--_._---~-_.,..^-~~-_.-._---_._.--......_..,-----
Ordinance No.
Page 3
c. The refusal to issue a decal may be based on an adverse driving record, conviction of other
crimes or when the applicant's prior experience demonstrates a disregard for the safety of others
andlor a lack of responsibility.
d. No decal shall be issued until at least 24 hours have passed since the filing with the City Clerk
of a complete application for a decal.
5-2-3: LIABILITY INSURANCE REQUIREMENTS:
A. Requirements:
1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with
the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be
executed by a company authorized to do insurance business in this state and be acceptable to the
city. Each certificate shall list all vehicles licensed to the company. It is the responsibility of the
company to file with the city clerk one certificate per company listing all vehicles.
2. Each certificate shall provide for ten (10) calendar days' prior written notice to the City Clerk of any
nonrenewal, suspension, cancellation, or termination of the policy of insurance.
3. The minimum limits of such policy shall be determined by city council resolution.
4. The cancellation or other termination of any insurance policy or certificate shall automatically
revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such
insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at
the time of such cancellation or termination. The City Clerk shall immediately issue written notification
of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance
which is canceled or terminated. All decals must be returned to the City Clerk. Subsequent issuance
of business licenses and decals will be in accordance with the terms of this Chapter and at the
applicant's expense.
5-2-4: VEHICLE INSPECTION REQUIRED:
A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current
certificate of inspection issued by the chief of police or the chiefs designee. Each vehicle governed by
this article shall be subject to a semi-annual inspection. All inspections shall consist of the following:
(1) All taxicabs shall be inspected for compliance with the requirements of this Chapter and the
following:
. a. Exterior. Headlights, taillights, brake lights, directional signal lights, license plat lights, windshield,
vent glasses, windshield wipers, all other vehicle glass, glass window raisers, doors and door locks, trunk
lid, trunk hood, and interior door handles, exhaust system, splash shields, hubcaps, bumpers, fenders,
and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning
properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust
holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle
body. There shall be no unrepaired body damage which would create a safety problem or interfere with
the operation of the vehicle.
b. Interior. The rear view mirror, steering wheel, foot brakes, parking brakes, seat belts, passenger
interior light and air conditioning and heating systems shall be inspected to ascertain that each is
functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall
be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for
passengers' luggage. The taximeter shall be inspected to determine that it is properly calibrated in
accordance with posted rate card.
B. The chief of police or the chiefs designee may require reinspection of a vehicle on belief that a
vehicle is not mechanically fit. In the event any vehicle is determined by the police chief or the chiefs
designee not to be mechanically fit, the decal shall be confiscated by police and returned to the city clerk.
After reinspection and determination that the vehicle meets the standards of mechanical fitness a new
decal will be issued and charged as established by council resolution.
Ordinance No.
Page 4
5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED:
No person shall operate a motorized taxicab on the streets of the city, no person who owns or controls a
motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so
driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in
force a chauffeu~s license issued under the provisions of the code of Iowa, as amended.
5-2-6: DRIVING BADGE REQUIREMENTS:
A. Badge Required: No person shall operate a taxicab on the streets of the city, no person who owns or
controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at
any time for hire unless the driver of such vehicle shall have first obtained and shall have then in force a
driving badge issued by the city clerk.
B. Application For Badge: Each person desiring to drive a vehicle for hire shall file an application for a
driving badge with the city clerk. Such application shall be verified under oath and shall furnish the
following information:
1. The name and address of the person, and name of taxicab business.
2. The experience of the person in the transportation of passengers.
3. The person's record of convictions of misdemeanors and/or felonies, including moving and
nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa
driver's record.
4. Motorized taxicab drivers shall possess a currently valid Iowa chauffeur's license.
5. Such further pertinent information as the city may require.
C. Issuance Or Denial Of Driving Badge:
1. If the City Clerk finds that the applicant has fully complied with the requirements of this Chapter
and the Police Chief or Chiefs Designee has determined that there is no information which would
indicate that the issuance of such badge would be detrimental to the safety, health or welfare of
residents of the city, the City Clerk shall issue a driving badge.
2. The refusal to issue a driving badge may be based on an adverse driving record and/or conviction
of other crimes or, in the case of a horsedrawn vehicle operator, failure to demonstrate ability to
control the animal and vehicle in traffic.
D. Nontransferability: The badge shall be nontransferable as between persons and taxicab businesses.
E. Badge To Be Displayed: Each person, while operating a taxicab in the city, shall prominently wear on
the driver's person the driving badge showing the full name of the driver, the driver's photograph, and the
taxicab company. The badge shall be provided by the city clerk.
5-2-7: RATES; HOURS; COMPLAINTS:
A. Display Of Rate, Hour and Complaint Procedure Card:
1. Each taxicab shall have prominently displayed a fare rate, hours of operation and complaint
procedure card visible to all passenger seats, and each driver shall provide a copy of said card to a
passenger, when requested. A copy of the fare rate, hours of operation and complaint procedure card
shall be filed with the City Clerk. Rates and hours of operation must be provided in accordance with
the card on file with the City Clerk.
2. The fare rate, hours of operation and complaint procedure card shall contain the following
language: "Complaints regarding this taxicab's compliance with applicable regulations may be
directed to the Iowa City Police Department on the form available at the Department located at 410 E.
Washington Street, Iowa City, Iowa 52240 (319) 356-5275".
Ordinance No.
Page 5
5-2-8: VEHICLE REQUIREMENTS:
A. Lettering Required: Each taxicab shall have the name of the owner or the operating company
thereof on each side of the vehicle in letters at least two inches (2") in height. Pedicabs and horsedrawn
vehicles may use lettering smaller than two inches (2"). Removable signs shall not be allowed.
B. Lighted Dome: Every motorized taxicab shall have a lighted dome light attached to the exterior roof
of the vehicle with the word "taxi" visible from the front and back of the vehicle. In the event the Police
Chief of Chiefs designee determines that attachment of a dome to the exterior roof is not possible the
Chief or Chiefs designee may approve an alternative placement.
C. No Smoking. Passengers and drivers are not allowed to smoke in taxicab vehicles. Decals or signs
must be conspicuously displayed on the inside of vehicles that read "NO SMOKING ALLOWED IN THIS
VEHICLE: .
5-2-9: VEHICLE STAND:
A. Application For Use Of Stand: A taxicab business licensed pursuant to this Chapter may apply for the
exclusive use of a designated parking space for its taxicabs. The location of a parking stand shall be
determined and approved by the city manager, or designee, as provided in title 9 of this code.
B. Fee: The city council shall determine by resolution the fee for a parking stand.
C. Authorization: The city clerk shall authorize a parking stand after the location has been determined by
the city manager, or designee, and after the applicant has paid the required fee to the city clerk.
5-2-10: TERMS OF DECALS AND BADGES; RENEWALS:
A. Taxicab business licenses shall be valid for one year. They shall commence on March 1 or the date
of issuance, and shall expire on the last day of February.
B. Driving badges shall be valid for a period of one year from date of issuance or the remaining period of
chauffeur's license if under one year.
C. Decals shall be valid for 6 months. They shall commence on March 1 and September 1, or the date
of issuance. They shall expire on the last day of February and the last day of August.
D. Renewals shall follow the same procedure as set for initial issuance.
E. Fees for licenses, decals and badges shall be set by resolution of the City Council.
5-2-11: HORSEORAWN VEHICLES:
A. Routes: A horsedrawn vehicle applicant must adhere to the routes specified in the application for a
license. A new or temporary route must be filed with the city clerk before an applicant may use such
route.
B. Removal Of Animal Waste:
1. All horses pulling horsedrawn vehicles shall be equipped with adequate devices to prevent manure
and other excrement from falling on the streets of the city.
2. Any excrement which falls on the city streets shall be removed immediately at the applicant's
expense.
3. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it
for treatment or disposal.
C. Animal Treatment And Health:
1. Treatment Of Animals:
--.----.--..--.---.---.-------.. -_._.._------------,-~~--_._._-----_...-
Ordinance No.
Page 6
a. Applicants shall assure adequate rest periods, feeding schedules, health and related animal
performance and well being for each animal under the applicant's ownership, care or control. This
responsibility shall include carriage load limits, hours of operation and daily hours of animal usage.
b. The feeding of an animal drawing a vehicle for hire from a feedbag or bucket along any street or
alley is permitted so long as the animal is not permitted to graze.
c. No animal shall be left unattended while in service.
2. Health Certificate:
a. For each animal that will be pulling a horsedrawn vehicle, the applicant shall provide to the city
clerk a certificate of soundness, issued by a veterinarian licensed by the state, finding each animal
to be free from infectious disease, in good health and fit for hack and carriage service under this
chapter.
b. After initial inspection, each animal shall be reinspected at intervals of no more than six (6)
months, and a certificate of soundness shall be issued by a veterinarian and filed with the city clerk
in order for each animal to remain in service.
D. Equipment Requirements:
1. Every horsedrawn vehicle shall conform to such requirements as may be imposed by state law with
. respect to equipment.
2. Each vehicle shall be equipped with rubber tires.
5-2-12: AIRPORT SHUTTLES: Airport Shuttles are exempt from the lighted dome requirement found at
Sections 5-2-8(B) of this Chapter.
5-2-13: REVOCATION OF LICENSES AND PERMITS:
License and permits issued under this chapter may be revoked as provided in section 5-1-5 of this title.
5-2-14: VIOLATIONS:
Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect March 1, 2007.
Passed and approved this _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
U:?~
City Attorney's Office
1{;/3 /D~
EMD/ord/taxicabs.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 10/3/2006
Vote for passage: AYE.S: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia, Elliott. NAYS: None. ABSENT: None.
Seoond Consideration
Vote for passage:
Date published
I ~ j
--= -14-...
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CITY OF IOWA CITY
MEMORANDUM
w:J
Date:
September 27, 2006
City Council ^ . ~IJ
Eleanor M. Dilkes, City Attorney \)JP"-
To:
From:
Re:
Taxicab Ordinance
I have reviewed, revised and signed off on the proposed ordinance repealing the vehicle for hire
chapter of the City Code and substituting a new chapter entitled "Taxicabs." While I have made
a number of changes, the only substantive change is to include a section exempting airport
shuttles from 24-7 operation, taximeter and lighted dome requirements.
The other changes I have made are clarifications to bring the ordinance in line with our
longstanding practice, particularly with respect to clarifying that we issue licenses to a business
and issue decals for each vehicle operated by a business. I have also clarified that the license
and decals will be issued if the City Clerk finds that the applicant has fully complied with the
ordinance requirements and the Police Chief has approved the applications. Finally, I have
eliminated some redundancies created by the recent additions.
Please call me if you have any questions.
cc: Steve Atkins City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Eleanor/memosftaxicab.doc
I ~ j
--= -Iii...
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CITY OF IOWA CITY
MEMORANDUM
DATE:
September 27,2006
TO:
Mayor and City Council
Marian K. Karr, City Clerk ('I~
FROM:
RE:
Meeting with Vehicle for Hire Companies
On Tuesday, September 26 nine vehicle for hire company representatives (list attached)
met with Council Members Elliott and O'Donnell and City Staff (City Clerk Karr, City
Attorney Dilkes, Police ChiefHargadine, Police Capt. Johnson, Deputy City Clerk
V oparil, and I)
The 9-20-06 draft ordinance and all correspondence received had been previously mailed
to each company with the letter inviting them to attend the input session. (Copies
attached)
Major changes in the proposed ordinance were outlined:
Required dome (bubble) light and taximeter
No color requirement
Minimum of2 vehicles, 1 available at all times, 2 drivers
24/7 service
No smoking
Majority asked the following information be provided for Council consideration:
Reauired dome (bubble) lil!bt
. Some imitation vehicle roofs would not allow for attaching light and an
alternative would have to be provided
. Felt it was a company selling point and not one that should be City legislated
. Noted it was an attractive nuisance creating an unsafe situation when individuals
jump in front of or attempt to stop an occupied vehicle for hire/taxicab
. After the meeting it was noted that most companies that currently use lights do
not have "taxi' on the front and back as proposed but have company name on the
front and phone number on the back.
Reauired taximeter
. Felt it was a company selling point and not one that should be City legislated
. Too ugly and costly
. Options were already available for customers
. Would affect company ability to carry multiple passengers at one time and still
require estimates based on their experience in the business
September 26 meeting
Page 2
No color reauirement
. Overwhelming wished to retain current company distinctive color scheme
and all vehicles from the same company looking the same
. Retain current exemption for airport shuttles
Minimum of 2 vehicles, 1 available at all times. 2 drivers
. Hurts the little guy; shows favoritism to large companies
No smokinl!
. Felt it was a company selling point and not one that should be City
legislated
. Noted that over 90% of their passengers request smoking
. Stated that if a customer requests no smoking they do not smoke
. Options were already available for customers.
24/7 service
. Favor large companies; hardship to small
. Lack of business during certain times
. Felt it was a company decision and not one that should be City legislated
. Suggested requiring hours on posted rate card
. Suggested requiring business cards with hours
. Noted they operate at a loss 6:00AM to 4:00PM every day
. If City wants to require hours of operation they suggested 4:00PM to 6:00AM
. Sunday is too slow to require
. Customers have options available for Sunday service currently
. If demand is there a company will make that business decision
Other comments
1. Requested assistance from the city from customers calling more than one
company for the same trip
2. Rather than a minimum number of vehicles suggested a maximum number of
hours a driver works.
3. Requested airport shuttles be deleted from the 24/7 service requirement, and color
scheme if required.
4. Replace "complaint procedure" referred to with more positive language
"comments". Noted most owners want to hear from the customer right away with
concerns.
5. Expressed frustration with "gypsy" cabs picking up fares during peek times like
football games.
6. Lower the insurance requirements.
September 26 meeting
Page 3
7. Felt the semi annual inspections were "great"
8. Council Member Elliott suggested forming a subcommittee with company
representatives and City Councilors to provide insight, make recommendations,
and review how the ordinance is working.
Attachment: Letter and attachments from September 26 meeting
Sign in sheet from September 26 meeting
_ ____.......,______~__,._._____ ___ ____..__._.___.___.._..____~___~_____.__~_....w__.__ __ __ .____._~...._..__.______.____.__.__ _ _ __.__~".__..~_.____._,_.._.___..___....__.________..__._.._,_~_'__m_'"
September 21, 2006
I ~ !
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CITY OF IOWA CITY
(To 16 Cab Companies)
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
Dear (Personalized to owner):
The City Council ofIowa City has been discussing modifications to the current 'Vehicle
for Hire" regulations in the City Code.
An attached draft ordinance has been prepared based on Council direction to date.
Council Members Bob Elliott and Mike O'Donnell and City staff will be present to hear
your comments at a meeting scheduled for 12 noon on Tuesday, September 26, in the
Lobby Conference Room at City Hall (410 East Washington Street). It is our hope that
the one hour meeting will provide input and recommendations for Council consideration
at their next meetings October 2/3. Please review the enclosed draft and correspondence
received to date.
If you are unable to attend the meeting you may submit your written comments directly
to the City Council by dropping them in my office or mailing them to City Hall. All
written comments received by 5:00 PM Wednesday, September 27 will be included in
materials for the October meeting.
Council has also requested input on Sunday service and ways to encourage cab rider ship
in the community. Your attendance is helpful as we proceed with this review process,
and I hope to see you at the September 26 meeting.
Sincerely,
5/
Marian K. Karr, City Clerk
Attachment: Proposed draft ordinance 9-20-06
Correspondence
Cc: City Council of Iowa City
Eleanor M. Dilkes, City Attorney
Sam Hargadine, Police Chief
Kelly Hayworth, City of Coralville
DRAFT - 9-20-06
Prepared by: Marian Karr. 410 E. Washington Street. Iowa City. iA 52240: 319-356-5041
ORDINANCE NO.
ORD.lNANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 2, ENTITLED "VEHICLES FOR HIRE" REPEALING IT IN ITS ENTIRETY AND
REPLACING WITH A NEW CHAPTER 2, ENTITLED "TAXICABS."
WHEREAS, City Code section 5-2 establishes regulations for Vehicies for Hire; and
WHEREAS, City Council wishes to update and enhance appearance and operation of such vehicles;
and
WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Vehicles for Hire," is
hereby amended by deleting it in its entirety and adding a new Chapter 2, entitled "Taxicabs" as follows:
5-2-1: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a
route that either starts at or ends at the eastern Iowa airport.
APPLICANT: An individual or company wishing to operate as a taxicab within the corporate city limits.
CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either
on a fixed route in the city or pursuant to a written contract. with reservations at least twenty four (24)
hours in advance of the service. The vehicle shall operate without a meter installed and charge for
services on an hourly basis or longer periods of time.
DECAL: A license issued by the city clerk which must be attached to each taxicab for identification.
DRIVER: A person authorized by the city to drive a taxicab and has a valid driving badge.
DRIVING BADGE: A card or badge issued by the city clerk to each driver authorized to operate a taxicab.
HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and
carrying passengers for hire within the city, and operates without a taxi meter.
PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, having two (2)
or more wheels, furnished with a driver and carrying passengers for hire. It shall be equipped with
properiy functioning front and rear lights for nighttime operation, right and left rearview mirrors and right
and left turn signals, and operates without a taxi meter.
RATE CARD: A card to be dispiayed in each vehicle for hire containing the maximum fare rates then in
force, and complaint procedure.
STREET: Any street, alley, court, lane, bridge or public place within the city.
TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but
not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. "Charter transportation" as
defined in this section and a vehicle owned or operated by any governmental entity that provides public
transportation are not taxicabs.
TAXIMETER: An instrument or device attached to measure mechanically, electrically, or electronically
the distance driven and the waiting time upon which the fare is based and converts them to monetary
charges.
Ordinance No.
Page 2
5-2-2: APPLICATION:
A. Each applicant of a taxicab shall file an application with the city clerk on forms provided by the city,
shall be verified and shall furnish the following information:
1. The name and address of each person with an ownership interest in the company wishing to
operate a taxicab.
2. The experience of the applicant in the transportation of passengers.
3. The record of convictions of misdemeanors and/or felonies, Including moving and nonmoving traffic
violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for
each person identified in subsection A1 of this section.
4. Provide a minimum of 2 qualified licensed taxicab drivers.
5. Provide a minimum of 2 qualified licensed taxicab vehicles of which a minimum of one vehicle shall
be in operation at all times. All taxicab vehicles must comply with vehicle requirements in this
ordinance.
6. Provide taxicab service to the public 24 hours a day, 7 days a week, and have a business phone
that is answered 24 hours a day, 7 days a week.
7. Provide liability certificate of issuance in accordance with this ordinance.
8. The City Clerk will issue decals after a 24-hour waiting period.
9. Meet all applicable zoning ordinance regulations and other city regulations.
10. Such further pertinent information as the City may require.
B. Decal:
1. Application Forms: Each applicant shall also file an application for decal with the city clerk on forms
provided by the city, per each vehicle.
2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has
been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield
on the passenger side. Pedicabs or horsedrawn vehicles shall dispiay the decal on the left rear of the
vehicle.
3. Issuance Or Denial Of Decal; Nontransferability:
a. The city clerk shall issue a decal to each applicant when the police chief determines that there is
no information. which would indicate that the issuance would be detrimental to the safety, health or
welfare of residents of the city. The decal shall be nontransferable as between vehicles and
applicants.
b. The refusal to issue a decal may be based on an adverse driving record, conviction of other
crimes or when the applicant's prior experience demonstrates a disregard for the safety of others
and/or a lack of responsibility.
Ordinance No.
Page 3
5-2-3: LIABILITY INSURANCE REQUIREMENTS:
A. Requirements:
1. As a condition to granting a decal to operate a taxicab in the city, the applicant shall file with the
city clerk evidence of liability insurance coverage via a certificate of insurance which shall be
executed by a company authorized to do insurance business in this state and be acceptable to the
city. Each certificate shall iist all vehicles licensed to the company. It is the responsibility of the
company to file with the city clerk one certificate per company listing all vehicles.
2. Each certificate shall also provide ten (10) calendar days' prior written notice of any nonrenewal,
suspension, cancellation, termination or bankruptcy of the vehicle for hire.
3. The minimum limits of such policy shall be determined by city council resolution.
4. The cancellation or other termination of any insurance policy or certificate shall automatically
revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such
insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at
the time of such cancellation or termination. The City Clerk shall immediately issue written notification
of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance
which is canceled or terminated. All decals must be returned to the City and the applicant initiate
procedures established in this ordinance at the company's expense for issuance of new decals.
B. Failure To Obtain Insurance: Failure of any applicant to maintain such coverage in full force and
effect throughout the life of the decal shall constitute immediate revocation of the decal with nO further
notice required.
5-2-4: VEHICLE INSPECTION REQUIRED:
A. Each applicant for issuance or renewal of a taxicab decal shall submit with the application a current
certificate of inspection issued by the chief of police or the chiefs designee. The chief of police or the
chiefs designee will establish standards of mechanical fitness for such vehicles and will examine and
certify vehicles for mechanical fitness. Each vehicle governed by this article shall be subject to a semi-
annual inspection as set by Council resolution. All inspections shall consist of the following:
(1) All taxicabs shall be inspected for proper markings, display of information, and the following:
a. Exterior. Headlights, taillights, brake lights, directional signal lights, license plat lights, windshield,
vent glasses, windshield wipers, all other vehicle glass, glass window raisers, doors and door locks, trunk
lid, trunk hood, and interior door handles, exhaust system, splash shields, hubcaps, bumpers, fenders,
and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning
properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be nO tears or rust
holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle
body. There shall be nO unrepaired body damage which would create a safety problem or interfere with
the operation of the vehicle.
b. Interior. The rear view mirror, steering wheel, foot brakes, parking brakes, seat belts, passenger
interior light and air conditioning and heating systems shall be inspected to ascertain that each is
functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall
be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for
passengers' luggage. The taximeter shall be inspected to determine that it is properly calibrated in
accordance with posted rate card.
(2) Nothing herein shall prohibit the random inspection of taxicab by the Police Department where
possible violations of this article or other violations of law regarding the condition of vehicles for hire are
evidence by visual inspection.
._____.____.____.._.___..^._____~_________.__. _.__..____.._..._...______'..._m______._...___.____ __ _ _ _~_____"._. __ ,--,__,,_,___ -.----------.~.---_.------_.._--~-.~.-_.-
Ordinance No.
Page 4
(3) Passengers and drivers are not allowed to smoke in taxicab vehicles. Decals or signs must be
conspicuously displayed on the inside of vehicles that read "NO SMOKING ALLOWED IN THIS
VEHICLE."
B. The chief of police or the chiefs designee may require reinspection of a vehicle on belief that a
vehicle is not mechanically fit. In the event any vehicle is determined by the police chief or the chiefs
designee not to be mechanically fit, the decal shall be confiscated by police and returned to the city clerk.
After reinspection and determination that the vehicle meets the standards of mechanical fitness a new
decal will be issued and charged as established by council resolution.
5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED:
No person shall operate a motorized taxicab on the streets of the city, no person who owns or controls a
motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so
driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in
force a chauffeur's license issued under the provisions of the code of Iowa, as amended.
5-2-6: DRIVING BADGE REQUIREMENTS:
A. Badge Required: No person shall operate a taxicab on the streets of the city, no person who owns or
controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at
any time for hire unless the driver of such vehicle shall have first obtained and shall have then in force a
driving badge issued by the city clerk.
B. Application For Badge: Each person desiring to drive a vehicle for hire shall file an application for a
driving badge with the city clerk. Such application shall be verified under oath and shall furnish the
following information:
1. The name and address of the person, and name of taxicab company.
2. The experience of the person in the transportation of passengers.
3. The person's record of convictions of misdemeanors and/or felonies, includiflg moving and
nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa
driver's record.
4. Motorized taxicab drivers shall possess a currently valid Iowa chauffeur's license.
5. Such further pertinent information as the city may require.
C. Issuance Or Denial Of Driving Badge:
1. The city clerk shall issue a driving badge to each person when the police chief determines that
there is no information which would indicate that the issuance of such badge would be detrimental to
the safety, health or welfare of residents of the city.
2. The refusal to issue a driving badge may be based on an adverse driving record and/or conviction
of other crimes or, in the case of a horsedrawn vehicle operator, failure to demonstrate ability to
control the animal and vehicle in traffic.
3. Issuance or Denial of Badge; Nontransferability:
a. The city clerk shall issue a badge to each person when the police chief determines that there
is no information which would indicate that the issuance would be detrimental to the safety, health
or welfare of residents of the city. The badge shall be nontransferable as between persons and
applicants and companies.
b. The refusal to issue a badge may be based on an adverse driving record, conviction of other
crimes or when the applicant's prior experience demonstrates a disregard for the safety of others
and/or a lack of responsibility.
Ordinance No.
Page 5
D. Badge To Be Displayed: Each person, while operating a taxicab in the city, shall prominently wear on
the driver's person the driving badge showing the full name of the driver, the driver's photograph, and the
taxicab company. The badge shall be provided by the city clerk.
5-2-7: RATES:
A. Display Of Rate and Complaint Procedure Card:
1. Each taxicab shall have prominently displayed a fare rate and complaint procedure card visible to
all passenger seats, and each driver shall provide a copy of the fare rate and complaint procedure
card to a passenger, when requested. A copy of the fare rate and complaint procedure card shall be
filed with the city clerk, and programmed to the taximeter requirements of this ordinance.
2. The fare rate and card shall contain the following language: "Complaints regarding this taxicab's
compliance with applicable regulations must be directed to the Iowa City Police Department on the
form available at the Department located at 410 E. Washington Street, Iowa City, Iowa 52240 (319)
356-5275".
5-2-8: VEHICLE REQUIREMENTS:
A. Lettering Required: Each taxicab shall have the name of the owner or the operating company thereof
on each side of the vehicle in letters at least two inches (2") in height. Pedicabs and horsedrawn vehicles
may use lettering smaller than two inches (2"). Removable signs shall not be allowed.
B. Every taxicab operating shall have installed and be equipped with a taximeter of standard size and
design, approved by the Chief of Police or their designee. All fares charged by the owner, operator or
driver of any taxicab shall be determined by the taximeter from the fare recorded on the face thereof
when transporting passengers.
(1) Inspection. No vehicle license shall be issued to any taxicab owner or operator until the meter
installed in any such taxicab shali have been inspected by the Police Department and found to be
accurate.
(2) Operation. Only meters operated from the transmission shall be used on taxicabs.
(3) Inaccuracy. No person shall use, or permit to be used, upon any taxicab owned or operated by
him, a meter which shall be in such condition as to be over 5 percent inaccurate for every unit of
measurement used to determine fare.
(4) Illumination of Dial. No meter shall be used between sunset and sunrise unless the face of the
meter is illuminated by a suitable light, or if the meter has digital numbers they must be lighted at all
times.
(5) Sealed Case. No person shall use, or permit to be used, or drive for hire, a taxicab equipped with
a meter, the case of which is unsealed, and which does not have its cover or gear intact.
(6) False Signal. No driver or operator of a taxicab equipped with a taximeter and while carrying
passengers, or under employment, shall display the signal affixed to such taximeter in such position as to
denote that such vehicle is not employed, or in such a position as to denote that the driver is employed at
a rate of fare different from that to which the driver is entitled under the provisions of this chapter.
C. Lighted Dome: The cab shall also have a lighted dome light attached to the exterior roof of the
vehicle with the word "taxi" visible from the front and back of the vehicle.
5-2-9: VEHICLE STAND:
A. Application For Use Of Stand: The owner or operator of a taxicab licensed pursuant to this chapter
may apply for the exclusive use of a designated parking space for the taxicab. The location of a parking
stand shall be determined and approved by the city manager, or designee, as provided in title 9 of this
code.
Ordinance No.
Page 6
B. Fee: The city council shall determine by resolution the fee for a parking stand.
C. Authorization: The city clerk shall authorize a parking stand after the location has been determined by
the city manager, or designee, and after the applicant has paid the required fee to the city clerk.
5-2-10: TERMS OF DECALS AND BADGES; RENEWALS:
A. Driving badges shall be valid for a period of one year from date of issuance or the remaining period of
chauffeur's license if under one year.
B. Decals shall be valid for 6 months and shall commence March 1, or on the date the operations are
started, and September 1.
C. Renewals shall follow the same procedure as set for initial issuance.
5-2-11: HORSEDRAWN VEHICLES:
A. Routes: A horsedrawn vehicle applicant must adhere to the routes specified in the application for a
license. A new or temporary route must be filed with the city clerk before an applicant may use such
route.
B. Removal Of Animal Waste:
1. All horses pulling horsedrawn vehicles shall be equipped with adequate devices to prevent manure
and other excrement from falling on the streets of the city.
2. Any excrement which falls on the city streets shall be removed immediately at the applicant's
expense.
3. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it
for treatment or disposal.
C. Animal Treatment And Health:
1. Treatment Of Animals:
a. Applicants shall assure adequate rest periods, feeding schedules, health and related animal
performance and well being for each animal under the applicant's ownership, care or control. This
responsibility shall include carriage load limits, hours of operation and daily hours of animal usage.
b. The feeding of an animal drawing a vehicle for hire from a feedbag or bucket along any street or
alley is permitted so long as the animal is not permitted to graze.
c. No animal shall be left unattended while in service.
2. Health Certificate:
a. For each animal that will be pulling a horsedrawn vehicle, the applicant shall provide to the city
clerk a certificate of soundness, issued by a veterinarian licensed by the state, finding each animal
to be free from infectious disease, in good health and fit for hack and carriage service under this
chapter.
b. After initial inspection, each animal shall be reinspected at intervals of no more than six (6)
months, and a certificate of soundness shall be issued by a veterinarian and filed with the city clerk
in order for each animal to remain in service.
D. Equipment Requirements:
1. Every horsedrawn vehicle shall conform to such requirements as may be imposed by state law with
respect to equipment.
Ordinance No.
Page 7
2. Each vehicie shall be equipped with rubber tires.
5-2-12: REVOCATION OF liCENSES AND PERMITS:
License and permits issued under this chapter may be revoked as provided in section 5-1-5 of this title.
5-2-13: VIOLATIONS:
Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect March 1,2007.
Passed and approved this _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Clerklord/taxicabs.doc
Page lof3
Marian Karr
From: Marian Karr
Sent: Tuesday, September 19, 2006 3:13 PM
To: 'James Gray'
Cc: 'City Council
Subject: RE: taxicab regulation
Thank you for your comments. Your letter will be received by the City Council at their October 3 meeting. I will
be contacting all the licensed companies later this week to set up a meeting, and distribute a draft ordinance. It is
my hope we can meet early next week to discuss the draft ordinance and offer suggested changes at the October
meeting.
Marian Karr
City Clerk
From: James Gray [mailto:james.gray@mchsi.com]
Sent: Tuesday, September 19, 2006 2:59 PM
To: *City Council
Subject: taxicab regulation
Hello, my name is James Gray, I own IC Cab. I attended the regular work session on the 18th and it was
clear that the council had some questions regarding the taxicab industry. I will be happy to answer any specific
questions about this issue bye-mail or phone (319) 530-4776. I will also relay my thoughts on each of the
proposed changes in hopes that a more informed decision can be made.
. Establishes a minimum of 2 vehicles for company status; requires 1 to be in operation at all times.
This provision is dependant on item #11: hours of operation, and are probably best discussed together. IC
Cab will celebrate its 5th anniversary on April 1 st In the last four and a half years we have had between
one and four cabs in operation. We offered 24 hour service intermittentiy the first two years, and when I
took over in '03 J decided to stick with the days and see what happened. I am still unsure if I have made
the right decision, on one hand, it provides a better service to my customers, but we certainly are
operating at a loss from around six am until around four pm. In exchange for the coverage of the day, my
drivers are rewarded with night shifts. Typically my drivers work two days and two nights, and make
around 80% of their income at night. In our first six months of 24 hour service, we had between 5 and 10
days where no one called the entire day shift. At that time, three of my competitors each had two or three
cars in operation during the day. It seems counterproductive to require 17 cab companies to operate all
the time when ten cabs can meet the average daytime need. I would appreciate the option of dropping
day service if it were to ever become too costly.
. Establishes a minimum of 2 drivers per company.
This is a great idea. There is at least one owner/operator in Iowa City that thinks he can work 24 hours a
day, 365 days a year. I think this is dangerous not only to his customers but to all pedestrians, bicyclists,
and motorists. Here's another possibie solution to this problem: We already have unique numbering on
the taxi decals, as well as numbered badges. Why not set up a line where drivers log in and associate the
driver # with the taxicab #. This could be done over the phone or internet, would eliminate fatigued
drivers, and I don't feel it would be too much of a strain on the industry. My solution also allows for a one
driver company to exist, provided they are closed for 12 hours.
. Requires a dome (bubble) light on the roof of each vehicle.
I believe that I am the only company in town withouttoplights. I'm not positive on this fact because it
9/19/2006
Page 2 of3
seems that we have a new company every other week. Most companies rely on toplights to flag fares.
Most flagging takes place in the downtown area and is the easiest way to get students. I have chosen not
to use them because I prefer to place dispatched fares at a higher priority than flags. If we tell a
dispatched customer that their cab will be there in 15 minutes, and the cab is 15 minutes away, it is a
nuisance to be stopped at each stoplight and explain why a flag cannot get in. Drunks don't care that we
have prior commitments and have at many times beat on the vehicle demanding to be let in. Keep in mind
that I offer a drastically different approach to this industry. Instead of making a lot of money on the
weekends by turning off the phones and grabbing as many students as we can, IC Cab has made its
niche by answering as many dispatched calls as possible. We feel this targets more locals than students,
and gives customers outside downtown a chance to get cab rides. These customers, in exchange, begin
to call us first on the slower nights. In essence, I have chosen to make less money on the weekends to
make more money on Monday and Tuesday nights. Our differences in dispatching and the absence of
toplights make this strategy easier. I believe that most, if not all my competitors will continue to use top
lights because everyone seems to be competing for students.
. Requires installation of a taximeter for charges.
I really don't have much of an opinion on this issue, but would be happy to answer any questions you may
have. I don't think there is much public outcry for taximeters, and many companies currently offer this
service (or disservice).
. Requires two inspections a year for each vehicle.
Why not?
. Requires "No Smoking" by drivers and passengers.
Much like the taximeters, I feel this is better used as a selling point for individual companies. There are
non-smoking cabs and smoking cabs available to the public at this time. I have always allowed smoking
in the front passenger seat if no one (including the driver) objects. I don't like smoking in the back
because ashes get all over the vehicle, and it's harder for the driver to protect the interior from burns.
. Spells out exterior and interior standards for vehicle.
Again, why not?
. Requires driver badge to include company name and non-transferrable.
Good idea, provides a little more information to Mariam, the police, and most importantly, the customer.
My only question would concern those drivers that work for two companies, will they have two badges, or
will two companies be listed on one? I would prefer two separate badges, if the case arises.
. Deletes color scheme.
Ahhh, the color scheme. I have hated this subject for years now, and I can't believe I'm about to defend it.
This is a major headache for the cab industry as well as the city clerk, and judging by the reaction at last
night's meeting, the council is tired of talking about this too. While I have loathed every discussion I've
ever had about color scheme, I do think the current code does one thing right: it protects me from seeing
another cab on the road that looks like mine. I also think all vehicles of a particular company should
reasonably match. I would love to see the code rewritten exactly as is with the word "reasonable" thrown
in a couple times. Maybe then, we won't have to change our color code every time we exchange an off-
white colored car for an eggshell or pearl colored one.
. Renames to taxicabs.
Who cares?
Outside of the proposed changes, I have a few concerns to point out. I don't understand how a beat-up limousine
9/19/2006
Page 3 of3
can run around doing exactly what I do without regulation. The reputable limousines carry enough insurance to
satisfy current vehicle for hire code. I happen to know that Stad's carries extra protection, so I recommend them
to my customers. It's not like the city makes much money off licensing and inspecting, it's the insurance
requirements that have people looking for loopholes.
I am not a rat or informant but I encourage you to call the some of the recently deceased cab companies. At least
one is alive and well, but not playing by the rules anymore.
Again, if you have any specific questions, I will be happy to help.
No virus found in this outgoing message.
Checked by A VG Free Edition.
Version: 7.1.405 1 Virus Database: 268.12.5/450 - Release Date: 9/18/2006
9/19/2006
Marian Karr
From:
Sent:
To:
Subject:
roger -bradley@uiowa.edu
Wednesday, September 20, 20062:55 AM
'City Council
taxicab regulations
Dear Iowa City City Council:
My name is Roger E. Bradley, I have been a resident of Iowa City for
16 years, and I am currently a Graduate Student in the History Department at the
University of Iowa. For the past four years, I have also worked (mostly) part-time as a
cab driver in Iowa City, all with Yellow Cab.
Let me say right off that I have no investment or financial interest in ANY cab company in
Iowa City. I merely drive a cab to earn extra money, and have since October of 2002. I
feel I am a good and representative cab driver, having done it for so long (especially on
the busy nights) and I am a 'good one' in the sense that I have yet to receive ANY motor
vehicle citation during this period, whether personal or on the job, moving or otherwise.
My record is clean.
The changes you are about to consider are split. Some are very good, some are a
nightmare. I wish to take a moment to tell you why.
It IS true that the industry needs some sort of regulation. But, although the goals you
seek are worthy, your understanding of what is actually going on in this industry, and
some of the proposals you offer, will actually make the problem far worse than you
realize. I wish for you to consider what I am about to say.
As I begin, I should also mention that I am speaking as a cab driver, and not as a driver
of a company, since what I am about to say and recommend is, in a few areas, the opposite
of what will actually help ME in my current job. This is important.
First, the service angle. You wish to require the smaller cab companies in town to
provide 24-hour service, and/or have a minimum amount of cars in service at all times.
This sounds like a great plan, yet it is based on a misunderstanding that Iowa City
actually needs more cabs in service at all times. Iowa City does NOT need more cabs on
the street at certain times, take for example, 8:00 Sunday A.M. Forcing the smaller
companies to do this simply means that they can't offer service at other times.
Now, why do I say that? Because cab drivers are paid by a share of the fares they book.
This is one industry that is unlike most others:
if they don't run and collect a fare, the cab driver gets nothing.
Zero. The reason that there are only so many cabs on the street at that hour is because
the market won't support it, and the cab companies can't over-schedule drivers, otherwise
all of them will make an extremely low wage during these times. In fact, with the pay
structure that cab drivers are forced to submit to, you simply could not get enough
drivers to agree to this. Would you work for less than minimum wage? This is why there
are fewer cabs on the street at the off hours. It does not pay a driver to do it, not
unless the owners of the companies agree to pay a minimum, which is why the number of cabs
is lower during this time.
But I'm not even certain that this is the problem you're trying to solve. Don't you want
MORE cabs on the street at the busy hours? Are you upset that you can't get through when
calling for a cab at 1:00 am on a Friday or Saturday? Of course, that IS a big concern,
but then again, this is because the market is flooded with people wanting cabs at that
hour. Because of licensing, insurance, and staffing issues, it is extremely difficult for
a cab company to put enough cabs on the street at those hours to both 1) meet the demand
of those on the street flagging cabs, and 2) taking and dispatching calls from the
telephone. Don't you realize that at that hour there might be as many as DOZENS, if not
more, people wanting a cab for every cab that's out there?
Why don't the companies put more cabs on the street at that hour?
Because you have to license and insure them not for the busy times, but for all month
1
long. Cab companies would LOVE to solve this problem if it made financial sense. You
simply can't license and insure a car for the small periods when they're most needed, much
less find enough drivers willing to come in an driver a four-hour shift merely when
there's a bar rush.
So, if you are frustrated that citizens of Iowa City can't get through on the phone, then
we are too, as drivers. We try our best to empty downtown as much as the Police
Department wishes for us to empty downtown. The problem here is, if you enact some of
your new regulations, you will effectively be reducing the number of cabs downtown at
these critical hours. Forcing 24-hour service, or a two-car minimum, would effectively
flood the market exactly when it is not needed, should the companies actually try this.
What will actually happen is, they could NEVER comply, because they won't be able to find
anyone willing to work for the low commission that would come from it. Even the big
companies have this problem. No driver WISHES to work during the off hours because there
is not enough business to make it work, given the pay structure that is currently in play.
Since some of these newer and smaller companies can't possibly comply, they will have to
fold and stop business, or perhaps merge into some sort of larger conglomeration. Even
then, it is very questionable
whether all cab companies could satisfy the two-car-in-service rule.
Most would fold.
This really doesn't matter, though. The end result is that, in the end, there will be far
less cabs on the street when the market truly demands it, meaning busy nights and football
games, etc. I simply cannot understand any logic that would actually REDUCE the amount of
cabs on the street during these periods! The police obviously want cabbies to get
everyone out of downtown, especially since doing so reduces some of the problems with
having lots of drunk people standing on the sidewalk. Having 20 less cabs on the street
during these critical hours will undoubtedly result in more confrontations, and fights,
and the police will have more to do. The City Council's efforts ought to be figuring out
how to put MORE cabs on the street at these hours! Requiring these ridiculous new
standards for all the smaller cab companies is exactly the opposite of what's necessary!
The funny thing about me writing this is, of course, is that if you actually enacted all
of these measures, it would help me. I drive for the largest cab company in town. Less
cabs would undoubtedly mean
more money for me on the busy nights. I ought to be thanking you.
But as a long-time citizen of Iowa City, I have to do the right thing and tell you that
you really haven't thought this through very well.
There's so much to say here. Let's talk about Mayor Wilburn's public comment that 'other
cities' already have similar regulations. With all due respect to the Mayor, whom I
support greatly, it is a critical error. Iowa City is NOT like the Quad Cities or Cedar
Rapids. We have a large amount of students who are a great measure of the demand for
taxicabs, AT CERTAIN TIMES. If the Mayor can honestly compare the market for taxicabs in
Iowa City with the market for taxicabs in these 'other cities,' then he has my perpetual
vote, such would be the intellectual job. The very reason we have problems with people
getting taxicabs at certain hours of the day is NOT because we don't have the proper
regulations, per se, rather, it is because the cab companies are overloaded at critical
times, and as of yet there is no business model that (given licensing and insurance and
driver employment issues) is able to satisfy that late-night market. And yet by requiring
the smaller cab outfits to run 24-7, you'll drive them out and actually limit the number
of cabs on the street at these critical hours.
I also must mention that with those citizens who are worried about the number of fights,
etc., on the streets during the busy drinking times, I would suggest to them to support
WHATEVER measures can be taken to insure the most cabs on the streets during these times.
Many people simply don't realize the job we do: sure, we are doing it to make money, but
we get drunken people off the street when they need to get off the street most. Lack of
cabs will keep these people ON THE STREET, at least until they can get a cab. I
personally marveled at the rate in which the taxicab industry removed the drinking (not
necessarily student, since we had a lot of hotel runs) public off the street on Iowa State
Saturday. Many drunked people walked. Do you wish for more people to wait on the street
during these critical times? Consider when it gets colder, not as many will attempt to
walk home. Some will attempt to drive. Do you want this? Please, don't make any new
rules that will limit cabs.
2
One irony here is that you wish to require one segment of the Iowa City transportation
structure to require service when it is not
needed. Why don't you require the Iowa City Transit to do the same?
Although this idea would (again) be against my personal interests, it would certainly
solve some probl~ms. Yet you either won't or cannot do this, either because the costs are
too great (but cost doesn't seem to be an issue with cabs running 24/7 when not needed) or
the Iowa City Transit drivers simply won't do it (who can blame them, given the things I
deal with).
Further, consider the impact these measures would have on drivers of cabs. Do you realize
that most cabbies in Iowa City are 'independent contractors, I not making any 'minimum
wage' or even covered by Workman's Compensation insurance? One of the benefits of having
so many cab companies is that drivers are able to move to another outfit if they no longer
feel comfortable with their current situation. But, requiring a two-cab 24/7 will not
only limit the late-night cab availability, but it will stifle any ability for drivers to
move to a better company. You will effectively be limiting the number of cab companies,
and drivers will simply have their employment options limited. At its very best, these
rules you propose are anti-competitive.
Also, by eli~inating the color scheme requirements, you invite cab companies with inferior
service to mask the brand recognition of those who actually try to perform well. If you
allow all companies to have, say, Yellow colored cabs, then Yellow cab drivers no longer
have any incentive to provide great service, in that customers can't identify who it is
that's giving them the service. My personal Cab Philosophy has always been to give the
most superior service in order for my company to get the return call from that individual.
Yet, with our Yellow marker, they might call anyone after that. Although I personally
will not reduce myself to the lowest common denominator service-wise, you can easily see
how cab color no longer helps me in my efforts. Other drivers might not be so concerned.
The big, major point about a lot of this commentary is that you should realize that, in
IOWA CITY, the market system WORKS, in that cabs are more available when most needed.
Having said that, let me address some other questions that come up.
1) taximeters? GREAT IDEA. Every fare ought to know exactly where they are, and know
they are not ripped off. Yellow Cab recently introduced them. Great idea.
2) bi-annual inspections? GREAT IDEA. These cars are hit very hard.
Most, I think, are sound, but I cannot honestly object to this.
3) following other cities' taxicab regulations? Bad idea. Unless you feel we aren't any
different from them.
4) Dome lights? Not a bad idea. It was cost a minor amount of money.
But any cabbie willing to drive a cab without a dome light is simply asking for a cab
behind him WITH A DOME LIGHT to take his fare, since darkness is a factor. But this won't
cause any of the problems I mention above.
5) Company name to driver badges. Unless there's a big problem with having drivers
actually driving other company1s cabs, I really can't see why you'd make some driver who
wished to switch companies get a
new badge. Mike O'Donnell once mentioned reasonableness in Gov't.
Please offer a good reason for this before requiring it.
6) smoking.
you? A lot
require it,
Well, I don't care one way or the other. Doesn't is seem unenforceable to
of cabbies smoke, esp. without passengers in their cabs. I suppose you could
but you could never enforce it completely.
Now, what changes would I recommend? I would certainly take a look at how the industry is
run. Drivers are able to drive far longer hours than IS-wheel owner-operators. That's a
start. Plus, as I said,
there's normally no workman's compensation insurance for many.
Please, make real changes, not ones that'll restrict the needed amount of cabs out there.
I would also install a bona fide complaint system, since many customers are refused
service simply by where they wish to go. After a certain hour of night, many cabbies
refuse to transport people to Coralville, despite (what I am told) to be a City Ordinance
that requires us to haul any 'orderly person.' A complaint system, (or a better one) is
3
clearly needed, since I hear complaints all the time.
Being a Graduate Student, I don't drive full time, yet I wish to offer myself as a
resource for any City Council Member who wants to hear more information. I am willing to
host any Council Member who wishes to ride around with me during my shift, (this is
probably subject to my bosses' approval), in order to learn more.
But I ask you to think about all of this. I am willing to be a question-and-answer person
about this. I would hate to see you enact legislation that is unwise. I am willing to
attend any sort of info
session you wish, so long as it does not interfere with my studies.
(i.e. I'm a busy person)
Thank you for your time.
Roger E. Bradley
4
Page 1 of2
Marian Karr
From: Marian Karr
Sent: Thursday, September 21,20069:32 AM
To: 'Mike Thayer'
Cc: 'City Council
Subject: RE: cab companies - new requirements
Dear Mr. Thayer:
At a Council work session members expressed concerns regarding vehicle conditions, appearance, and
regulations. I was asked to provide information on current regulations, frequent issues raised, and possible
revisions to the regulations. Council discussed issues at their work session on September 5 and directed me to
proceed with drafting of an ordinance. A draft ordinance was presented and discussed on September 18.
Additional changes were made and another draft prepared for a discussion planned with the taxi companies next
week.
The draft ordinance represents the direction of Council and research done from surrounding communities.
Another draft ordinance, and summary of the meeting with taxi companies will be provided in the Council packet
distributed next Thursday afternoon. Future discussion of the ordinance will occur at the next Council meetings
October 2 and 3.
Any correspondence addressed to the City Council is provided to them in their Thursday packet distribution.
Marian Karr
City Clerk
From: Mike Thayer [mailto:sickofspin@yahoo,com]
Sent: Wednesday, September 20, 2006 S:49 PM
To: *City Council
Subject: Re: cab companies - new requirements
Council,
I have not received a reply on this inquiry. Why not?
Mike Thayer <sickofspin@yahoo,com> wrote:
Council,
These proposed new requirements for Iowa City cab companies, who exactly, proposed ideas
such as deleting some paint schemes and mandatory number of vehicles owned and operated?
Mike Thayer
Coralville, IA.
Get your email and more, right on the new Yahoo.com
Mike Thayer
sickofspin@yahoo.com
9/2112006
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Marian Karr
From: Christopher Griffin [chrisgriffin@mchsLcom]
Sent: Wednesday, September 27,20064:54 PM
To: Marian Karr
Subject: Black & Gold Cab Comments
Importance: High
Hi Marian,
I'm sorry I didn't get to this sooner today.
As I had mentioned yesterday, the only two insurance companies that handle taxi insurance are Gateway &
Taylor. I am currently using Taylor, and when I asked my agent why there were two packets included in this
policy, he told me that the highest one on the books was a $500,000.00 policy and they had to "create" a
$500,000.00 rider to attach to it to meet Iowa City's requirements. As someone brought up in the meeting,
Chicago's minimum requirement is only $350,000.00.
If taximeters are required, I don't understand the "illumination of dial" section. When you are not using the
taximeter, the digital numbers are not lit. They turn on when you hire the meter.
I'm sure I can come up with more things, but I have had a very hectic day
Thank you,
Christopher Griffin
Black & Gold Cab
9/27/2006
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Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 2, ENTITLED "VEHICLES FOR HIRE" BY REPEALING SAID CHAPTER IN ITS
ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 2, ENTITLED "TAXICABS."
, City Code section 5-2 establishes regulations for Vehicles for Hire; and
City Council wishes to update and enhance appearance and operation of such v
WHER
WHEREA
and
WHEREAS, it' in the best interest of the City to adopt new regulations for "taxicabs".
NOW, THEREF RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0 ITY, IOWA:
SECTION I. AME MENTS.
1. Title 5, entitled ' usiness and .License Regulations," Chapter 2, entitl 'Vehicles for Hire," is
hereby amended by deleti it in its entirety and adding a new Chapter 2, en . ed "Taxicabs" as follows:
5-2-1: DEFINITIONS:
As used in this chapter, the folio
AIRPORT SHUTTLE: A vehicle fur' hed with a driver tha arries passengers for hire exclusively on a
route that either starts at or ends at th Eastern Iowa Air or the Quad Cities Airport.
APPLICANT: An individual or company w hing to
rate as a taxicab within the corporate city limits.
CHARTER TRANSPORTATION: A vehicle Ished with a driver that carries passengers for hire either
on a fixed route in the city or pursuant to rillen contract with reservations at least twenty four (24)
hours in advance of the service. The hicl shall operate without a meter installed and charge for
services on an hourly basis or longer riods of t e.
DECAL: A license issued by the . clerk for each hicle operated by a taxicab business.
DRIVER: A person who is a orized by the city to dri e a taxicab and has a valid driving badge.
DRIVING BADGE: A ca or badge issued by the city cl k to each driver authorized to operate a taxicab.
HORSEDRAWN V ICLE: Any vehicle operated or pu ed by a horse, furnished with a driver and
carrying passeng s for hire within the city, and operates wi out a taxi meter.
PEDICAB: A hicle propelled exclusively by human power th ugh a belt, chain or gears, having two (2)
or more w els, furnished with a driver and carrying passe ers for hire. It shall be equipped with
properly f ctioning front and rear lights for nighttime operation, right and left rearview mirrors and right
and left rn signals, and operates without a taxi meter.
RAT CARD: A card to be displayed in each vehicle for hire contal ing the maximum fare rates then in
for e, and complaint procedure.
TREET: Any street, alley, court, lane, bridge or public place within the c .
TAXICAB: All vehicies furnished with a driver that carry passengers for hir within the city, including, but
not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shullles "Charter transportation" as
defined in this section and a vehicle owned or operated by any governmenta entity that provides public
transportation are not taxicabs.
TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxic business.
Ordinance No.
Page 2
TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate
limits of the City of Iowa City.
TAXIMETER: An instrument or device attached to measure mechanically, electrically, or electronically
the distance driven and the waiting time upon which the fare is based and converts them to monetary
charges.
5-2-2: TAXICAB BUSINESS LICENSE; VEHICLE ALs.
A. APPLICATION: Each applicant for a tax. ab business license shall file an application with t e City
Clerk on forms provided by the City, which s II be verified and shall furnish the following informati n:
1. The name and address of each p son with an ownership interest in the company
operate a taxicab business.
2. The experience of the applicant in th transportation of passengers.
3. The record of convictions of misdeme nors and/or felonies, including movin nd nonmoving traffic
violations, and certified state of Iowa c .minal history and certified state 0 owa driver's record for
each person identified in subsection A 1 0 this section.
4. The signature of all persons with an 0
5. Such pertinent information as the City y require.
B. MINIMUM QUALIFICATIONS: Each taxicab business shall et the following minimum requirements:
1. Provide a minimum of 2 qualified licensed axicab driv s.
2. Provide a minimum of 2 qualified licensed xicab ehicles of which a minimum of one vehicle shall
be in operation at all times. All taxicabs must om with the vehicle requirements of this Chapter.
3. Provide taxicab service to the public 24 ho s a day, 7 days a week, and have a business phone
that is answered 24 hours a day, 7 days a w
4. Provide a certificate of liability insuran e in a cordance with this Chapter.
5. Meet all applicable zoning ordinan regulati ns and other city regulations.
C. ISSUANCE OR DENIAL OF BUSI ESS L1CEN . If the City Clerk finds that the applicant has fully
complied with the requirement of this Chapt and the Police Chief or Chiefs Designee has
determined that there is no inf mation which wou d indicate that the issuance of the license would be
detrimental to the safety, he h or welfare of resi ents of the city, the City Clerk shall issue a license
to conduct a taxicab busine s.
1. Application Forms: ach applicant shall also file a application for a decal for each taxicab with the
City Clerk on forms rovided by the City.
2. Attachment Of ecal: No taxicab shall be operated n any street within the city unless a decal has
been issued by e city clerk. The decal shall be atta ed to the lower corner of the front windshield
on the passen er side. Pedicabs or horsedrawn vehicl s shall display the decal on the left rear of the
vehicle.
D. DECALS
l
3. Issuani'or Denial Of Decal; Nontransferability:
a. If llie City Clerk finds that the applicant has fully compiled with the requirements of this Chapter
and 1he Police Chief or Chiefs Designee determines that there is no information which would
~dfcate that issuance of the decal would be detrimental to the safety, health or welfare of residents
)1f'the city, the City Clerk shall issue a decal for the taxicab.
Ordinance No.
Page 3
b. The decal shall be nontransferable as between vehicles and taxicab businesses.
c. The refusal to issue a decal may be based on an adverse driving record, conviction of other
crimes or when the applicant's prior experience demgnsuatelHlelisregarcUor the safety of others
andlor a lack of responsibility. ~..--/. ... ..
/' ".,
d. No decal shall be issued until at ~24 hours have passed since the filing with theC~ Clerk
of a complete application for a de1.
5-2-3: LIABILITY INSURANCE REQU]REMENTS:
A. Requirements:
1. As a condition to receiving a t xicab business license or a vehicle decal, the applicant shall fi with
the city clerk evidence of liabil y insurance coverage via a certificate of insurance which all be
executed by a company author ed to do insurance business in this state and be accep Ie to the
city. Each certificate shall list II vehicles licensed to the company. It is the respo Ibility of the
company to file with the city cler one certificate per company listing all vehicles. /
/
2. Each certificate shall provide f r ten (10) calendar days' prior written notice ta'i'h'e City Clerk of any
nonrenewal, suspension, can cella .on, or termination of the policy of insura~
3. The minimum limits of such polic shall be determined by city counc. resolution.
4. The cancellation or other term in tion of any insurance po. or certificate shall automatically
revoke and terminate the licenses is ed for the taxicab busi ss and the vehicles covered by such
insurance policy, unless another polic complying with this apter, shall be provided and in effect at
the time of such cancellation or termina ion. The City CI shall immediately issue written notification
of the revocation of all licenses for the t xicab busine and the vehicles covered by such insurance
which is canceled or terminated. All deca must b eturned to the City Clerk. Subsequent issuance
of business licenses and decals will be acc dance with the terms of this Chapter and at the
applicant's expense.
5-2-4: VEHICLE INSPECTION REQUIRED:
icab decal shall submit with the application a current
certificate of inspection issued by the lef of poli or the chiefs designee. Each vehicle governed by
this article shall be subject to a semi- nual inspecti . All inspections shall consist of the following:
(1) All taxicabs shall be ins cted for complianc with the requirements of this Chapter and the
following:
a. Exterior. Headlight , taillights, brake lights, directi al signal lights, license plat lights, windshield,
vent glasses, windshield ipers, all other vehicle glass, gla s window raisers, doors and door locks, trunk
lid, trunk hood, and in rior door handles, exhaust system, splash shields, hubcaps, bumpers, fenders,
and attached lighte ome light, body and tires shall be ins ected to ascertain that each is functioning
properly. Each tax. ab shall be maintained in a reasonably cle condition. There shall be no tears or rust
holes in the vehi e body and no loose pieces such as fenders, umpers or trim hanging from the vehicle
body. There s II be no un repaired body damage which would reate a safety problem or interfere with
the operatio f the vehicle.
b. I erior. The rear view mirror, steering wheel, foot brakes, rking brakes, seat belts, passenger
interior ght and air conditioning and heating systems shall be i pected to ascertain that each is
functi ing properly. The upholstery, fioor mats, head lining, door pane and the trunk compartment shall
be i pected to determine whether they are clean, free of tears, and tha he trunk has sufficient space for
pa~engers' luggage. The taximeter shall be inspected to determine at it is properly calibrated in
o/cordance with posted rate card.
~. The chief of police or the chiefs designee may require reinspection of. a vehicle on belief that a
vehicle is not mechanically fit. In the event any vehicle is determined by the police chief or the chiefs
designee not to be mechanically fit, the decal shall be confiscated by police and returned to the city clerk.
Ordinance No.
Page 4
After reinspection and determination that the vehicle meets the standards of mechanical fitness a new
decal will be issued and charged as established by council resolution.
5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED:
No person shall operate a motorized taxicab on the streets of the city, no person who owns or controls a
motorized taxicab shall permit it to be so driven, and no mptorized laxicab licensed by the city shall be so
driven for hire unless the driver of such motorized ve~itfe shall have first obtained and shall'have then in
force a chauffeur's license issued under the provi . ns of the code of Iowa, as amended. .
5-2-6: DRIVING BADGE REQUIREMENTS:
A. Badge Required: No person shall oper te a taxicab on the streets of the city, no person who ns or
controls a taxicab shall permit it to be so riven, and no taxicab licensed by the city shall be so riven at
any time for hire unless the driver of suc vehicle shall have first obtained and shall have then n force a
driving badge issued by the city clerk.
B. Application For Badge: Each person desiring to drive a vehicle for hire shall file an plication for a
driving badge with the city clerk. Such application shall be verified under oath an shall furnish the
following information:
1. The name and address of the pers ,and name of taxicab business.
2. The experience of the person in the ansportation of passengers.
3. The person's record of conviction of misdemeanors and/or
nonmoving traffic violations, and certifi d state of Iowa crimina
driver's record.
elonies, including moving and
istory.and certified state of Iowa
4. Motorized taxicab drivers shall possess
5. Such further pertinent information as the
C. Issuance Or Denial Of Driving Badge:
1. If the City Clerk finds that the applicant ha ully complied with the. requirements of this Chapter
and the Police Chief or Chiefs Designee h etermined that there is no information which would
indicate that the issuance of such badge oul be detrimental to the safety, heaith or welfare of
residents of the city, the City Clerk shall i ue a d ving badge.
2. The refusal to issue a driving bad
of other crimes or, in the case of horsedrawn v icle operator, failure to demonstrate ability to
control the animal and vehicle in t ffic.
between persons and taxicab businesses.
D.
E. Badge To Be Displayed: E ch person, whi.le operating at icab in the city, shall prominently wear on
the driver's person the drivin badge showing the full name of e driver, the driver's photograph, and the
taxicab company. The bad shall be provided by the city clerk.
5-2-7: RATES:
A.
nd Complaint Procedure Card:
1. Each taxic shall have prominently displayed a fare rate and omplaint procedure card visible to
all passen r seats, and each driver shall provide a copy of the re rate and complaint procedure
card to a assenger, when requested. A copy of the fare rate and complaint procedure card shall be
filed wit the city clerk, and programmed to the taximeter requirements of this ordinance.
2. Th/fare rate and complaint procedure card shall contain the following language: "Complaints
reg;jding this taxicab's compliance with applicable regulations may be directed to the Iowa City
Ordinance No.
Page 5
Police Department on the form available at the Department located at 410 E. Washington Street,
Iowa City, Iowa 52240 (319) 356-5275".
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5-2-8: VEHICLE REQUIREMENTS:
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A. Lettering Required: Each taxicab shall hav the name of the owner or the operatin company thereof
on each side of the vehicle in letters at least 0 inches (2") in height. Pedicabs and h sedrawn vehicles
may use lettering smaller than two inches (2' . Removable signs shall not be allowed.
B. Every motorized taxicab operating sh I have installed and be equipped with a t imeter of standard
size and design, approved by the Chief f Police or their designee. All fares ch rged by the owner,
operator or driver of any taxicab shall be etermined by the taximeter from the far recorded on the face
thereof when transporting passengers.
(1) Inspection. No decal shall be sued until the meter installed in th taxicab shall have been
inspected by the Chief of Police or the C iefs Designee and found to be acc ate.
(2) Operation. Only meters operate from the transmission shall be
(3) Inaccuracy. No person shall us , or permit to be used, upon ny taxicab owned or operated by
him, a meter which shall be in such c ndition as to be over 5 ercent inaccurate for every unit of
measurement used to determine fare.
(4) Illumination of Dial. No meter sh
meter is illuminated by a suitable light, 0
times.
unset and sunrise unless the face of the
igital numbers they must be lighted at all
(5) Sealed Case. No person shall use,
a meter, the case of which is unsealed, and
C. Lighted Dome: Every motorized taxicab s have a lighted dome light attached to the exterior roof
of the vehicle with the word "taxi" visible from t front and back of the vehicle.
5-2-9: VEHICLE STAND: /
D. No Smoking. Passengers and drivers re t allowed to smoke in taxicab vehicles. Decals or signs
must be conspicuously displayed on the' side 0 vehicles that read "NO SMOKING ALLOWED IN THIS
VEHICLE." /
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A. Application For Use Of and: A taxicab business 'censed pursuant to this Chapter may apply for the
exclusive use of a design ted parking space for its t icabs. The location of a parking stand shall be
determined and approve by the city manager, or desig e, as provided in title 9 of this code.
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B. Fee: The city cot~i1 shall determine by resolution the fee for a parking stand.
C. Authoriza~~~he city clerk shall authorize a parking s nd after the location has been determined by
the city m7ger, or designee, and after the applicant h paid the required fee to the city clerk.
MS OF DECALS AND BADGES; RENEWALS: \
A. Ta' ab business licenses shall be valid for one year. They shall commence on March 1 or the date
of iss nce, and shall expire on the last day of February.
B. Driving badges shall be valid for a period of one year from date of issuance or the remaining period of
chauffeur's license if under one year.
Ordinance No.
Page 6
C. Decals shall be valid for 6 months. They shall commence on March 1 and September 1, or the date
of issuance. They shall expire on the last day of February and the last day of August.
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D. Renewals shall follow the same procedure as set f nitial issuance. '-.,
E. Fees for licenses, decals and badges shall b
cil.
5-2-11: HORSEDRAWN VEHICLES:
A. Routes: A horsedrawn vehicle a
license. A new or temporary route
route.
Iicant must adhere to the routes specifie in the application for a
ust be filed with the city clerk before an applicant may use such
B. Removal Of Animal Waste:
1. All horses pulling horsedra n vehicles shall be equipped with ade ate devices to prevent manure
and other excrement from fall ng on the streets of the city.
2. Any excrement which fall on the city streets shall be re ved immediately at the applicant's
expense.
a. Applicants shall assure ade ate rest p~riods, feeding schedules, health and related animal
performance and well being for e ch animjll under the applicant's ownership, care or control. This
responsibility shall include carriage oad limits, hours of operation and daily hours of animal usage.
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b. The feeding of an animal drawing >.iehicle for hire from a feedbag or bucket along any street or
alley is permitted so long as the ani198 is not permitted to graze.
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c. No animal shall be left unatten96d wh
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shall be transported to str facilities legally empowered to accept it
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3. All animal waste for dispos
for treatment or disposal.
C. Animal Treatment And Health:
1. Treatment Of Animals:
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2. Health Certificate:
a. For each animal that wily6e pulling a hor edrawn vehicle, the applicant shall provide to the city
clerk a certificate of sound1iess, issued by a terinarian licensed by the state, finding each animal
to be free from infectious' disease, in good h Ith and fit for hack and carriage service under this
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b. After initial inspeCtion, each animal shall be einspected at intervals of no more than six (6)
months, and a ceiificate of soundness shall be is ued by a veterinarian and filed with the city clerk
in order for each nimal to remain in service.
D.
1. Every hors drawn vehicle shall conform to such requir ments as may be imposed by state law with
respect to e uipment.
2. Each v hicle shall be equipped with rubber tires.
5-2-12: PORT SHUTTLES: Airport Shuttles are exempt om the 24/7 operation, taximeter and
lighted dome requirements found at Sections 5-2-2(B), 5-2-8(B) an 5-2-8(C) of this Chapter respectively.
Ordinance No.
Page 7
5-2-13: REVOCATION OF LICENSES AND PERMITS:
License and permits issued under this chapter may be revoked as provided in section 5-1-5 of this title.
5-2-14: VIOLATIONS:
Any violation of this chapter shall be;ro 'dered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this C e.'
SECTION II. REPEALER. All ordin ces and parts of o. rdinances in conflict with the provision of this
Ordinance are hereby repealed., '.
SECTION III. SEVERABILITY. If anylsection, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudicali,on shall not affect the' validity of the Ordinance as a whole or any
section, provision or part thereof not adju~ged invalid or unconsti utional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect March 1,2007.
,2006.
Passed and approved this _ day\of
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MAYOR
ATTEST:
CITY CLERK
tz:7Wvt
City Attorney's Office
EMD/ord/taxicabs.doc
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