HomeMy WebLinkAbout2015-01-06 Ordinance01-06-15
5b
Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ14-00022)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 965 SLOTHOWER ROAD
FROM COUNTY AGRICULTURAL (A) TO RURAL RESIDENTIAL (RR -1). (REZ14-00022)
WHEREAS, the applicant, Slothower Farms LLC, has requested a rezoning of property located at 965
Slothower Road from County Agricultural (A) to Rural Residential (RR -1); and
WHEREAS, the Comprehensive Plan Future Land Use map shows the subject property as incorporated
into Iowa City; and
WHEREAS, the Comprehensive Plan — Southwest District Plan indicates that the area is appropriate for
future urban development; and
WHEREAS, the Comprehensive Plan — Southwest District Plan indicates that some residential uses may
develop along Slothower Road prior to significant urban development; and
WHEREAS, the subject property will not lead to immediate urban development; and
WHEREAS, Rural Residential zoning is appropriate for areas in the city that are not projected to have the
utilities necessary for urban development in the foreseeable future; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of County Agricultural (A) to Rural Residential (RR -1):
LEGAL DESCRIPTION
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N00°00'52"E, ALONG
THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
13, A DISTANCE OF 370.00 FEET; THENCE S89°16'13"W 300.02 FEET, TO THE POINT OF BEGINNING;
THENCE CONTINUING S89°16'31"W, 162.23 FEET; THENCE N01°27'17"W, 290.00 FEET; THENCE
N89°16'31"E, 169.67 FEET; THENCE S00°00'53"W, 290.00 FEET, TO THE POINT OF BEGINNING. SAID
ANNEXATION PARCEL CONTAINS 1.1 ACRES (48,121 SQUARE FEET, 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 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.
MAYOR
Ordinance No.
Page 2
ATTEST:
CITY CLERK
Approved by
City Attorney's Office12�441� (/�`(
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 01
Vote for passage: AYES:
Botchway, Dickens.
Second Consideration _
Vote for passage:
Date published
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
06/201
that the
Dobyns, Hayek, Mims, Payne, Throgmorton,
NAYS: None. ABSENT: None.
To: Planning and Zoning Commission
Item: ANN14-00002 and REZ14-00022
GENERAL INFORMATION:
Applicant/Property Owner:
STAFF REPORT
Prepared by: Robert Miklo
Date: November 20, 2014
Slothower Farms LLC
452 Stagecoach Ct.
Glen Ellyn, 11 60137
319-530-4252
Requested Action: Annexation and rezoning
Purpose: To annex 1.10 acres and to rezone the property
from County Agricultural (A) to Rural Residential
(RR -1) to allow the portion of the Slowthower farm
containing the house and barn to be sold as a 3.1 -
acre tract.
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
File Date:
BACKGROUND INFORMATION:
965 Slothower Avenue
1.10 acres
Agricultural — County A
North:
Agricultural — County A
South:
Agricultural — County A
East:
Agricultural and County
and P-1
West:
Agricultural — County A
October 16, 2014
Poor Farm — RR -1
Slothower Farms, LLC has submitted an application for the voluntary annexation of 1.1 acres
located west of Slothower Road and south of Melrose Avenue. The applicant has requested
that the property be re -zoned from County Agricultural (A) to Rural Residential (RR -1). This
annexation is being requested to allow an approximately 3.1 acre portion of the Slothower Farm
to be split from the larger property. The new parcel would contain 2 acres (location of the farm
house) that are already located in the city in addition to the 1.1 area requested for annexation,
which contains a portion of the barn. The property could then be sold as an acreage, while the
rest of the farm remains agricultural until the extension of infrastructure and future rezonings
allow for its development.
ANALYSIS:
Annexation: The Comprehensive Plan has established a growth policy to guide the decisions
regarding annexations. The annexation policy states that annexations are to occur primarily
through voluntary petitions filed by the property owners. The Comprehensive Plan states that
OFA
voluntary annexation requests should be viewed positively when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the city's long-range boundary. The
boundary is located approximately half of a mile west of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City.
This annexation is being requested to allow the farm house and out buildings to be sold as
a group separate from the larger farm. The applicants hope that this will result in the farm
buildings being occupied and preserved. Although that this annexation is not directly
fulfilling an identified need, it is not imposing any undue burden on the City.
3. Control of the development is in the City's best interest.
Although no development is proposed at that this time, the property and adjacent land is
within the long-range growth area. Annexation will allow the City to control any future
development so that it is compatible with the Comprehensive Plan.
For the reasons stated above, staff finds that the proposed annexation complies with the
annexation policy.
Comprehensive Plan: This property is Weber Subarea of the Southwest District Plan (pages 45
to 47). The district plan states: The land west of Slothower is currently used for agriculture. The
Weber Subarea Plan Map designates this areas as "future urban development." However, until
sewer service is extended in that direction and one or more lift stations constructed, there will not
be any significant urban development. Before reaching the twenty-year horizon of this plan, some
residential uses may develop along the west side of Slothower Road and begin moving toward the
future Highway 965 extension. However, the expectation is that development will not "leapfrog"
without street and trail connections bridging the gap between 965 and Slothower Raod. When
development becomes imminent a more detailed plan will need to be developed for this area.
When development does occur, it will be important to buffer residential uses from the Iowa City
Landfill and Highway 965. Because this annexation will not lead to immediate development, staff
finds that the request complies with the Comprehensive Plan.
Zoning: The RR -1 is intended to provide a rural residential character for areas in the city that
are not projected to have the utilities necessary for urban development in the foreseeable future
or for areas that have sensitive environmental features that preclude development at urban
densities. It is therefore an appropriate zoning designation for this property.
STAFF RECOMMENDATION:
Staff recommends approval of ANN14-00002 and REZ14-00022, annexation of approximately 1.1
acres and a rezoning from County Agricultural (A) zone to Rural Residential (RR -1) zone for
property located to the west of Slothower Road.
ATTACHMENT:
Location Map
Approved by: 7,X l 7/
John Yapp, Development Services Coordinator
Department of Neighborhood and Development Services
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
NOVEMBER 20, 2014 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Ann Freerks Paula Swygard, Phoebe Martin,
Jodie Theobald, John Thomas
MEMBERS ABSENT: Carolyn Dyer
STAFF PRESENT: Sara Hektoen, Karen Howard, John Yapp, Sarah Walz
OTHERS PRESENT: Duane Musser, Ted Pacha, Mike Hodge, Jim Jacob, Wade
Squires, Kevin Digmann, Alicia Trimble, William Ingles, Lauren
Siebert, Pete Hartly, Nora Boerner, Nancy Carlson, Neill Sylvan,
Ginalie Swaim, Joseph Pettit, Matthew McCarnin, Neo McAdams,
Pam Michaud, Mary Bennett, Susan Holtman, Erin Fleck, Josh
Langseth, Jill Abruzzio, Matthew Biger, Al Rayman, Brennan Van
Aldrannah, Ricardo Rangel Jr., Andrea Truitt, Steve Gordon,
Sharon Sorenson, Alan Jones, Bob Barta, Melinda Ragona, Tom
Sorenson
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 6-0 to recommend approval of ANN14-00002 and REZ14-00022,
annexation of approximately 1.1 acres and a rezoning from County Agricultural (A) zone to
Rural Residential (RR -1) zone for property located to the west of Slothower Road.
The Commission voted 5-1 to recommend approval of SUB14-00021 an application submitted
by MBHG Investment Co. for a Sensitive Areas Development Plan and Preliminary Plat for
Sycamore Woods, approximate 34.86 -acre, 115 -lot residential subdivision located west of
Whispering Meadows Subdivision, Parts 2 and 3, along extensions of Whispering Meadow and
Blazing Star Drives.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none.
Annexation / Rezoning Item (ANN14-00002/REZ14-00022)
Discussion of an application submitted by Slothower Farms LLC for annexation and rezoning
from County Agricultural (A) zone to Rural Residential (RR -1) zone for approximately 1.10 acres
of property located at 965 Slothower Avenue
Yapp presented the staff report. Slothower Farms, LLC has submitted an application for the
voluntary annexation of 1.1 acres located west of Slothower Road and south of Melrose
Avenue. The applicant has requested that the property be re -zoned from County Agricultural
(A) to Rural Residential (RR -1). This annexation is being requested to allow an approximately
Planning and Zoning Commission
November 20, 2014 - Formal
Page 2 of 26
3.1 acre portion of the Slothower Farm to be split from the larger property. The present
farmhouse is already located within the city limits. Miklo showed an aerial view of the location
showing the city boundaries and the farmhouse. The annexation would add about 1.1 acres to
the west of the house into the city limits. The city boundaries currently go through the middle of
the barn on the property. The annexation would allow the house and the barn to be on one
property and within one corporate entity, the City of Iowa City. Rural residential zoning is
proposed, it is an area that does not have City services in terms of utilities. The rural residential
zone is intended to provide a rural character for areas in the City that are not projected to have
utilities necessary for urban development. In Staff's analysis of this proposed annexation it does
not cause any burden on the City in terms of services. The property is within the long term
growth area of the City and the policy has been for voluntary annexations to recommend
approval if the properties are in the growth area. Annexation would allow the City to control any
future redevelopment.
Staff recommends approval of ANN14-00002 and REZ14-00022, annexation of approximately
1.1 acres and a rezoning from County Agricultural (A) zone to Rural Residential (RR -1)
zone for property located to the west of Slothower Road.
Eastham asked for clarification that this annexation would not have an effect upon any eventual
redevelopment of Hwy 965. Miklo confirmed that was correct and showed on the map where the
future Hwy 965 would run in relation to the applicant's property.
Freerks opened public hearing.
Duane Musser, MMS Consultants, representing the applicant was available for questions, the
Commission had none.
Eastham moved to approve of ANN14-00002 and REZ14-00022, annexation of
approximately 1.1 acres and a rezoning from County Agricultural (A) zone to Rural
Residential (RR -1) zone for property located to the west of Slothower Road.
Martin seconded the motion.
Freerks stated the proposal meets criteria for annexation and because currently one of the
structures on the property is split between City and County it appears to be a good solution.
Thomas stated he agreed with item 2 on the staff report in that the applicants hope that this will
result in the farm buildings being occupied and preserved. If the farmhouse were to stay on its
own parcel, it could be lost to eventual development, so this would be a good solution.
A vote was taken and the motion passed 6-0.
REZONING ITEM (REZ14-00019)
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
2.3 acres of land in the 600 block of S. Dubuque Street and the 200 block of Prentiss Street from
Community Commercial (CC -2) zone and Intensive Commercial (CI -1) Zone to Riverfront
Crossings — Central Crossings (RFC -CX) zone.
Howard presented the staff report stating that Hodge Construction, requested deferral at the
November 6 meeting to allow additional time to develop conceptual plans regarding how they
would develop the property in a manner that is consistent with the goals of the Comprehensive
y � X
WN 2 4 2014
NMI
Prepared by: Bailee Mkl�#a�-,*14 `( E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ14-00022)
Iowa City, !o'✓✓a
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 965 SLOTHOWER AVENUE
FROM COUNTY AGRICUTURAL (A) TO RURAL RESIDENTIAL (RR -1). (REZ14-00022)
WHEREAS, the applic nt, Slothower Farms LLC, has requested a ing of property located at 965
Slothower Avenue from Co my Agricultural (A) to Rural Residential (RR -1); an
WHEREAS, the Compr ensive Plan Future Land Use map shows the su 'ect property as incorporated
into Iowa City and
WHEREAS, the Compreh nsive Plan — Southwest District Plan indicates hat the area is appropriate for
future urban development; and
WHEREAS, the Comprehen 've Plan — Southwest District Plan indicat that some residential uses may
develop along Slothower Road pri to significant urban development; and
WHEREAS, the subject prope will not lead to immediate urban de lopment; and
WHEREAS, Rural Residential zo ' g is appropriate for areas in the ity that are not projected to have the
utilities necessary for urban developme in the foreseeable future; an
WHEREAS, the Planning and Zon g Commission has revi ed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY HE CITY COUNCI F THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property des ibed below is reby reclassified from its current zoning
designation of County Agricultural (A) to Rural sidential (RR ):
A PORTION OF THE SOUTHEAST QUARTER O 'T/,IE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 79 NORTH, RANGE 7 WEST, OF T E FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, DESCRIBED AS FOLL
COMMENCING AT THE CENTER OF SECTION ,TOW SHIP 79 NORTH, RANGE 7 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JO SON CO TY, IOWA; THENCE N00°00'52"E, ALONG
THE EAST LINE OF THE SOUTHEAST QUART R OF THE N RTHWEST QUARTER OF SAID SECTION
13, A DISTANCE OF 370.00 FEET; THENCE 9°16'13"W 300. FEET, TO THE POINT OF BEGINNING;
THENCE CONTINUING S89016'31"W, 162. 3 FEET; THENCE 01°27'17"W, 290.00 FEET; THENCE
N89°16'31"E, 169.67 FEET; THENCE S00° '53"W, 290.00 FEET, O THE POINT OF BEGINNING. SAID
ANNEXATION PARCEL CONTAINS 1.1 ACRES (48,121 SQUA E FEET, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF CORD.
SECTION II. ZONING MAP. Th Building Inspector is hereby authori d and directed to change the
zoning map of the City of Iowa City, owa, to conform to this amendment up the final passage, approval
and publication of this ordinance by YVw.
SECTION III. CERTIFICATIOPQ AND RECORDING. Upon passage and ap oval of the Ordinance, the
City Clerk is hereby authorized a directed to certify a copy of this ordinance and record the same, at the
office of the County Recorder of ohnson County, Iowa, at the owner's expense, all a provided by law.
SECTION IV. REPEAL
.All ordinances and parts of ordinances in conflict vvi the provisions of this
Ordinance are hereby repeal
SECTION V. SEVERA ILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional uch 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.
MAYOR
Ordinance No.
Page 2
ATTEST:
CITY CLERK
Approved by
', Gfir r� .Sc�,c�l;7�'lTtf gS122
City Attorneys Offi
5d
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ14-00020)
ORDINANCE NO. 15-4605
AN ORDINANCE REZONING APPROXIMATELY 51.03 ACRES FROM INTERIM
DEVELOPMENT - RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP)
AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD-CH1) TO
INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK
(RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD -CHI)
LOCATED NORTH OF INTERSTATE 80 AND WEST OF HIGHWAY 1 (REZ14-00020)
WHEREAS, the applicant, Steve Moss, filed with the City Clerk of Iowa City, Iowa, a rezoning
application to adjust zoning boundaries within the proposed Moss Ridge Campus office research
park to coincide with changes to the lot lines in a revised preliminary plat of Moss Ridge Campus,
a 9 -lot, 4-outlot commercial subdivision; and
WHEREAS, the area is currently zoned for office research park uses (RDP) and commercial
services (OPD-CH1) to support the office park, with future phases of the office park zoned Interim
Development- Research Park (ID -RP), pursuant to a 2012 rezoning that included a conditional
zoning agreement requiring, among other things, the development of a master plan for the shared
amenities, landscaping, stormwater facilities, and signage for the Class A office park, and review
of all site plans by the Planning and Zoning Commission;
WHEREAS, this requested rezoning maintains the same zoning districts, but merely shifts the
boundaries to coincide with shifts in proposed lot lines shown on an amended preliminary plat,
which was amended to reflect a refined stormwater management plan and change road patterns
to better preserve sensitive environmental features in future phases of the development; and
WHEREAS, the Department of Neighborhood Development Services and the Public Works
Department have examined the Sensitive Areas Development Plan, Preliminary Planned
Development Plan, and recommend approval of this rezoning subject to the same conditions
stated in the 2012 conditional rezoning agreement, except that the applicant has filed a master
plan for the shared amenities, landscaping, stormwater facilities, and signage for the Class A
office park, so Staff no longer recommends review and approval of each site plan by the Planning
and Zoning Commission; and
WHEREAS, these conditions ensure that the office park is developed in a cohesive and
attractive manner typical of a high-quality office park and said conditions shall be recorded as a
conditional zoning agreement; and
WHEREAS, the existing concept plan submitted for the OPD CH -1 zoned properties remains
unchanged, and will be recorded with this conditional zoning agreement as part of the planned
development plan; and
WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned
Development Plan and Sensitive Areas Development Plan, and after due deliberation and
consideration of the application materials and the staff recommendations, has recommended
approval subject to certain conditions stated in the conditional zoning agreement; and
WHEREAS, Iowa Code §414.5 (2013) 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, Owner has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
Ordinance No. 15-4605
Page 2
SECTION I. APPROVAL:
The approximately 35.23 acres of property legally described below, is hereby reclassified
from Interim Development - Research Park (ID -RP) and Research Development Park
(RDP) to Research Development Park (RDP):
Legal Description:
Part of the East half of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the
5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County,
Iowa, more particularly described as follows: Beginning at the East Quarter corner of Section 35,
Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 02006'54" E
along the East line of the Southeast Quarter of said Section 35 a distance of 1242.63 feet; Thence S
90°00'00" W a distance of 499.45 feet, Thence S 00°00'00" E a distance of 356.75 feet; Thence N
90000'00" W a distance of 603.58 feet, Thence N 00°00'00" E a distance of 33.00 feet; Thence N
90000'00" E a distance of 94.30 feet; Thence N 00000'00" E a distance of 395.48 feet; Thence N
53029'13" W a distance of 169.20 feet; Thence N 29°33'23" W a distance of 303.41 feet; Thence N
1332'26 E a distance of 357.33 feet; Thence N 38°34'37" E a distance of 328.22 feet; Thence S
85°35'58" E a distance of 181.16 feet; Thence Northeasterly a distance of 44.63 feet along the arc of a
383.00 foot radius curve concaved Easterly (chord bears N 07°57'23" E a distance of 44.61 feet);
Thence N 11'17'41'p E to the North line of said Southeast Quarter a distance of 161.18 feet; Thence N
88°59'11" E along said North line to the Point of Beginning a distance of 741.94 feet. Said parcel
contains 35.23 acres, subject to easements and restrictions of record.
2. The approximately 15.80 acres of property legally described below is hereby reclassified from
Overlay Planned Development - Highway Commercial (OPD -CH -1) and Research
Development Park (RDP) to Overlay Planned Development - Highway Commercial (OPD -CH -
1) with the certain additional land uses allowed according to the a conditional zoning
agreement approved herein.
Legal Description:
Part of the East half of the Southeast Quarter of Section35, Township 80 North, Range 6 West of the
5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County,
Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35,
Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 02006'54" E
along the East line of the Southeast Quarter of said Section 35 to the Point of Beginning a distance of
1242.63 feet; Thence continuing along said East Line S 02°06'54" E to the Northerly Right -of -Way of
Interstate Highway 80 a distance of 737.90 feet; Thence S 81°04'07" W along said Northerly Right -of -
Way a distance of 646.23 feet, Thence N 89°31'13" W along said Northerly Right -of -Way a distance of
491.88 feet, Thence N 00000'00" E a distance of 476.86 feet; Thence N 90°00'00" E a distance of
603.58 feet; Thence N 00000'00" E a distance of 356.75 feet, Thence N 90000'00" E to said East Line
and Point of Beginning a distance of 499.45 feet. Said parcel contains 15.80 acres, subject to
easement and restriction of record.
3. The approximately 10.98 acres of property legally described below is hereby reclassified from
Interim Development - Research Park (ID -RP) and Research Development Park (RDP) to
Interim Development - Research Park (ID -RP).
Legal Description:
Part of the East half of the Southeast Quarter of Section35, Township 80 North, Range 6 West of the
5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County,
Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35,
Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa, Thence S 88°59'11" W
along the North line of the Southeast Quarter of said Section 35 to the Point of beginning a distance of
741.94; Thence S 11°17'41" W a distance of 161.18 feet; Thence Southwesterly a distance of 44.63
feet along the arc of a 383.00 foot radius curve concaved Easterly (chord bears S 07°57'23" W a
distance of 44.61 feet); Thence N 85°35'58" W a distance of 181.16 feet; Thence S 38034'37" W a
Ordinance No. 15-4605
Page 3
distance of 328.22 feet; Thence S 13°32'26" W a distance of 357.33 feet; Thence S 29°33'23" E a
distance of 303.41 feet; Thence S 53029'13" E a distance of 169.20 feet; Thence S 00°00'00" E a
distance of 395.48 feet; Thence S 90000'00" W a distance of 94.30; Thence S 00000'00" E to the
Northerly Right -of -Way of Interstate Highway 80 a distance of 509.86 feet; Thence N 89°31'13" W
along said Northerly Right -of -Way to the West line of the East half of said Southeast Quarter a
distance of 188.54 feet; Thence N 02008'49" W along said West line of the East half to said North line
of the Southeast Quarter a distance of 2051.86 feet, Thence N 88°59'11" E along said North line of the
Southeast Quarter to the Point of Beginning a distance of 580.83 feet. Said parcel contains 10.98
acres, subject to easements and restrictions of record.
SECTION II. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and
directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property
owner and the City, following passage and approval of this Ordinance.
SECTION III. 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 IV. 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,
the associated conditional zoning agreement, planned development plan, sensitive areas
development plan, and concept plan for Moss Office Park 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 V. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 6th day of January 2015.
MAYOR
ATTEST:
CITY CLERK
7. by
City Attorney's Office
Ordinance No. 15-4605
Page 4
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
First Consideration ----------------------
Vote for passage:
Second Consideration 12/16/2014
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None.
Date published 01/15/2015
Moved by Mims, seconded by Payne, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration and vote
be waived and the ordinance be voted upon for second consideration
at this time.
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ12-00005 &
REZ12-00006)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Moss Farms, Inc., Stephen A. Moss and David G. Moss (hereinafter
collectively referred to as "Owner").
WHEREAS, Owner is the legal title holder of approximately 172 acres of property
located northwest of the interchange of State Highway 1 with Interstate 80; and
WHEREAS, Owner has requested to adjust the zoning boundary lines for approximately
15.8 acres to Planned Development — Highway Commercial (OPD -CH -1), 35.23 acres of
Research Development Park (RDP), and 120.85 acres of Interim Development — Research Park
(ID -RP); and
WHEREAS, a planned development overlay zone allows flexibility in the design,
placement and clustering of buildings, mixture of uses and related site and design
considerations; and
WHEREAS, the OPD CH -1 rezoning is appropriate to allow for certain retail services to
support office park uses not otherwise allowed within the CH -1, particularly given the proximity
to the 1-80 and Highway 1 interchange; and
WHEREAS, it is in the interests of the City and the developer that the commercial
component of this development be integrated with the other uses allowed in the office park,
Owner has agreed to certain conditions to ensure that the office park and the support commercial
is developed in a cohesive and attractive manner typical of a high-quality office park and said
conditions shall be recorded as a conditional zoning agreement; and
WHEREAS, the Planning and Zoning Commission has determined that with appropriate
conditions regarding landscaping, signage, building location, design and materials that ensure
that the office park and the support retail area are developed to the quality expected for a Class
A Office Park, that the requested zoning and the various requested modifications to the zoning
are consistent with the Comprehensive Plan goals of environmental stewardship and expansion
of quality job opportunities within the community; and
WHEREAS, the Planning and Zoning Commission recommends that the concept plan
submitted for the OPD -CH -1 zoned properties should be recorded as a part of the planned
development plan and all individual site plans for all lots within the office park comply with said
concept plan and the conditions contained in this conditional zoning agreement in order to ensure
that the office park and associated support retail area is developed in a cohesive and quality
manner overtime; and
WHEREAS, Iowa Code §414.5 (2013) 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, Owner acknowledges that certain conditions and restrictions are reasonable
to ensure the development of the property is consistent with the Comprehensive Plan; and
WHEREAS, Owner agrees to develop this property in accordance with the terms and
conditions of this 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
A PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE
6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, AND LOT 4, LOT 5,
LOT 10, THE SOUTH 9 ACRES OF LOT 6, AND THE SOUTH 12.5 ACRES OF LOT 8 OF A
SUBDIVISION OF THE NORTHEAST QUARTER OF SAID SECTION 35 (PLAT RECORDED
IN PLAT BOOK 1, PAGE 11 AT THE JOHNSON COUNTY RECORDER'S OFFICE) ALL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER
THENCE SOUTH 2007' EAST 1980.6 FEET ALONG THE EAST OF SAID SOUTHEAST
QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF
INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE NO. 80;
THENCE SOUTH 81004' WEST 646.2 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE;
THENCE NORTH 89031' WEST 1731.77 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 63.75 ACRES
OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE NORTH 2°15' WEST 2023.7 FEET ALONG SAID WEST LINE TO THE SOUTH LINE
OF SAID LOT 8;
THENCE SOUTH 88°58' WEST 124.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT
8;
THENCE NORTH 2008' WEST 1056.0 FEET TO A POINT OF INTERSECTION WITH THE
NORTH LINE OF THE SOUTH 12.5 ACRES OF SAID LOT 8;
THENCE NORTH 88058' EAST 2504.49 FEET ALONG SAID NORTH LINE AND ALONG THE
NORTH LINE OF THE SOUTH 9 ACRES OF SAID LOT 6 AND ALONG THE NORTH LINE OF
SAID LOT 4 TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID NORTHEAST
QUARTER;
THENCE SOUTH 1057' EAST 1056.0 FEET ALONG SAID EAST LINE TO THE POINT OF
BEGINNING AND CONTAINING 171.88 ACRES MORE OR LESS.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Sensitive Areas Development Plan, and that the
conditions imposed upon the property are reasonable and designed to satisfy public
needs caused by the requested zoning change. Further, the parties acknowledge that
Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable
E
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.
3. In consideration of the City's rezoning the subject property, Owner shall comply with the
zoning ordinance, as well as the following conditions:
1) A comprehensive landscape plan for the above-described property shall be
submitted and be approved by the Director of Neighborhood Development Services
or designee prior to approval of the final plat for the first phase of development of the
above-described property. This plan shall address location of and the general
concept for stormwater facilities and illustrate the shared amenities or features of the
park, including any trail system, entranceway signage or similar features. The plan
shall be detailed for the area designated as phase one of the development. The
landscaping plan for any outlot may be conceptual in nature, but should take into
account and be complementary to the sensitive environmental features of the site,
including the stream corridors, woodlands, slopes, wetlands, and similar topographic
and geographic features. This plan does not need to include landscaping details for
individual lots, but rather it should convey the overall character of the shared open
space and amenities proposed for the office park and support retail area.
2) Prior to final plat of any development phase, a master sign plan shall be submitted to
and approved by the Director of Neighborhood Development Services or designee,
indicating potential locations and design concept for common signage for the office
park, which may include on -premise and off -premise signage for the office park, such
as entranceway signage, directional signage, development signs, identification
signage, masonry wall signs, monuments signs, and interstate signs. The design of
all common signage for the development should have a consistent theme and be
constructed of similar quality materials and lettering.
3) For the area zoned OPD -CH -1, the following additional allowances, standards and
restrictions apply:
a. No more than two drive-through facilities shall be allowed by special
exception. Drive-throughs shall comply with the special exception approval
criteria applicable in the CC -2 Zone, as set forth in the Iowa City Code of
Ordinances. Accessory outdoor display and storage is allowed only in
accordance with the commercial site development standards that apply in the
CC -2 Zone.
b. The commercial buildings should be the prominent feature as viewed from
the public streets within the development. To that end, each principal
commercial building shall have at least one main building entrance oriented
toward the street. Parking areas shall be located largely to the side or rear of
buildings, however a maximum of one double -sided parking aisle may be
located between the building and the street, except for lots with multiple
frontages, for which only one frontage needs to meet this standard.
c. Parking areas must be setback at least 50 feet from the Interstate 80 right-of-
way and this setback area must be landscaped with trees, shrubs and ground
cover consistent with the comprehensive landscaping plan for the office park.
d. Land uses are restricted to those allowed in the Highway Commercial (CH -1)
Zone, plus the following additional uses:
i. Sales -oriented and Personal Service -Oriented Retail Uses up to a
maximum of 50,000 square feet per lot,
3
ii. General Animal -Related Commercial Uses; and
iii. Specialized Educational Facilities, all as defined in the Iowa City Code
of Ordinances.
4) Site plans for development of every lot shall be reviewed and approved by the City
according to the following standards prior to issuance of a building permit for the
subject lot:
a. Landscaping_S_tandards
i. On lots zoned RDP, the total ground area devoted to open space for
natural landscape and landscape beautification shall be not less than
35% of the total land area shown on the site plan. Such open space
shall be free of all drives, parking areas, structures, buildings, and
other permanent improvements, except for those walkways,
monuments, ornamental structures, and other features considered to
be necessary but essential to the central landscape theme.
ii. Stormwater facilities shall be designed as an integral part of the
landscaping plan.
iii. Building and parking area placement and provision of open space
shall take into account and respond sensitively to the topography and
environmental features on the site to the extent possible and as
required according to the approved sensitive areas development plan.
iv. Parking areas, loading ramps, utility areas, and similar vehicular use
areas shall be effectively screened from public view. Screening shall
be accomplished through the design incorporation of landscaping
such as planting screens using both deciduous and evergreen tree
and shrub species, the combination of which have year-round
effectiveness; topography such as the natural or manmade grade
differences; structural additions such as permanent walls; or other
equally permanent and effective screening innovations. Any one or
combination of screening methods may be used providing, however,
the net result shall be complementary to the central landscape theme
as well as effectively accomplish the concealment of the area in
question.
v. Parking shall be set back a minimum of 20 feet from City street rights-
of-way, 50 feet from the Interstate 80 right-of-way, and 10 feet from all
other property lines and from common drives external to a parking
area, except in the case of abutting parking lots for which cross -
access has been established over the parking areas, which may be
constructed as seamless paving across the property line.
b. Building Material Standards
L Building facades shall be predominantly constructed of high quality
exterior building materials, including window systems, brick, masonry,
stone, stucco, colored and burnished concrete masonry units,
architectural pre -cast panels, and architectural metal panels.
Concrete panels with a veneer of brick or masonry may be approved
provided the material gives the appearance of one or more of the high
quality building materials listed above. Predominately is defined as at
least 75 percent of the exterior of the entire building, but not
necessarily of each building wall. Use of high quality building
materials should be concentrated along building walls that are visible
from public streets and public areas or that contain public entrances.
0
ii. Other lower quality or less durable exterior building materials, such as
smooth -faced concrete block, unadorned tilt -up concrete panels, and
EIFS do not qualify as quality building materials and should be limited.
In no case shall EIFS be used within the first 8 feet above grade.
Lower quality metal siding, such as that used for metal pole buildings,
is not allowed.
iii. Material and color changes should generally occur at a change of
plane and at an inside corner. Material or color changes at the outside
corners of structures that give the impression of veneer or artificiality
of the material are not allowed.
c. Building Articulation and Fenestration Standards
i. Buildings must include details and features that provide visual
interest, reduce the perception of the mass of the building, and
provide a cohesive appearance to the building. Building facades shall
be articulated by using color, window arrangement, change in
materials, and change in plane to vary the height, depth, or direction
of exterior walls. Stretches of blank wall with no windows or other
architectural features are discouraged, particularly along building
walls that are within public view, as defined by the Iowa City Code of
Ordinances.
ii. Rear and side facades that are visible from streets, pedestrian
walkways, or shared open spaces shall have the same type of
materials and detailing found on the principal facades of the building.
iii. Whenever practical, the heights of walls, cornice or parapet lines
should match or be complementary to those of neighboring buildings.
Design linkages are required through the placement of window lines,
belt courses, and other horizontal elements in a pattern that reflects
similar elements or other horizontal lines in neighboring buildings.
Windows should be recessed or otherwise set apart from the
building's principal fagade to provide horizontal lines and vertical
rhythm to the building. Building design should be compatible and
harmonious with neighboring buildings, but variety is also encouraged
to prevent monotony.
iv. Building awnings or canopies that provide a generally consistent
cover along pedestrian walkways are encouraged. A functional
awning or canopy (minimum 6 feet in depth) is required at
entranceways on retail buildings. Arcades may also be used to
provide weather protection for pedestrians.
v. Transparent entries and large ground -level storefront windows are
required along street -facing facades of all retail buildings (not
including banks or hotels/motels). To meet this standard a minimum of
50% of the street -facing building fagade between 2 and 10 feet in
height from the adjacent exterior grade must be comprised of
transparent (no more than 10% daylight reduction) windows and
doors. Such windows and doors must be vertically-oriented in a
standard, mainstreet storefront configuration that allow views into the
interior space or be designed as storefront display windows that are
set into the wall. Display cases attached to the outside building wall
do not qualify. While banks, hotels and motels are not required to
meet this standard, transparent entries, and generous fenestration
5
along street -facing facades is encouraged consistent with the
intended use of the building.
d. Signage Standards
i. Wall Signs: All signage constructed as wall signs on building fascia
within the development shall incorporate aesthetic features
compatible with the overall character of the development. All wall
signs will be composed of solid individual letters attached to the
building fascia, or individual letters of anodized aluminum, galvanized
metal, or illuminated, self-contained translucent plastic faces set in
anodized aluminum returns and trim. Logos shall generally be
constructed in the same manner as individual letters including
contouring to follow the shape of the logo. In situations in which the
logo cannot be contoured, a panel sign may be allowed if the panel is
sized and constructed in a manner that minimizes the overall sign size
and limits the portion illuminated to just the logo.
ii. Freestanding pole signs, including tall interstate pole signs, are not
allowed. However, one common wide -based freestanding sign is
allowed along the interstate frontage to serve lots 4, 5, 6, and 7. Up to
one additional common, wide -based freestanding sign is allowed
along the interstate frontage to provide identification for other uses
within the larger office park. Said interstate signs shall not exceed 30
feet in height or 12 feet in width and shall be designed in a manner
that is consistent with the design of other signs within the office park.
Said interstate signs shall be setback a minimum of 20 feet from the
interstate right-of-way but shall be located within the first 100 feet of
lot depth as measured from the interstate right-of-way. The maximum
copy area of each sign face on an interstate sign shall not exceed 200
square feet. The sign may be double-faced for a total of 400 square
feet. The name of the development shall be indicated within the top
one-fourth of the sign copy area. The maximum letter height for
tenant identification copy on the sign shall be eighteen (18) inches.
iii. Monument signs shall be allowed on each lot according to the
approved sign plan for the development. Monument signs may
exceed the maximum height specified in the Iowa City Zoning Code,
but in no case shall a monument sign exceed 8 feet in height.
iv. One of the following sign types, as defined in the Iowa City Code of
Ordinances, is allowed at the entrance to the office park near the
intersection of Moss Ridge Road and Highway 1 and one additional of
said sign types is allowed near the intersection of Moss Ridge Road
and the east property line of the property legally described above:
Development Sign; Entranceway Sign; or Masonry Wall Sign(s). The
location and design of these signs shall be identified in the Master
Sign Plan that is approved prior to final plat of any part of the above-
described property. The signs shall be identification signs for the
entire office park and shall not provide identification for individual
tenants or businesses within the office park. The sign shall be in
conformance with the specifications set forth in Table 56-5 of the Iowa
City Zoning Code, regardless of the zone in which the sign is located.
Additional locations for similar entranceway signage may be allowed
near the intersections with Oakdale Boulevard and/or in locations
where other public streets enter the office park development from an
abutting property that is not within the development. Specific
entranceway sign locations for future phases of the office park shall
be determined at the time of final plat for the respective future phase.
v. On or off -premise directional signage may be allowed according to the
master sign plan.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2013), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment shall 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. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
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 Owner's expense.
Dated this 6th day of January 201 5.
CITY OF IOWA CITY OWNER
By:/, By:
Matthew J. Haye Mayor Stephen A. Moss, individually and as
Pri 7ofVarMs,.Inc.
Attest:lt�.r�/,L�
Marian K. Karr, City Clerk David G. Moss
A ro ed p�j: A /
City Attorneyy1'cstiOfficvea
Sonya S.
Mlo�s, SpouseofStephen A. Moss
JaKet A. Moss, Spouse of David G. Moss
CITY's ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On thisS
6+yc_ day of -�ja-���-�-tt" , 201�, before me, the undersigned, a
notary public in and for the State of Iowa, pers Ily appeared Matthew J. Hayek 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.
ruiTLEE
Pumber221819y
i i f 7i Op sir° Exr! 1 Notary Public in and for the State of Iowa
iC111 �� �JZ_�.
OWNERS' ACKNOWLEDGEMENTS
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of FSC ti 2014, before me, a Notary Public in and for the
State of Iowa, personally appeared Stephen A. Moss, to me personally known, who, being by me
duly sworn, did say that he is the President of MOSS FARMS, INC., the corporation executing the
within and foregoing instrument, that said instrument was signed on behalf of said corporation by
authority of its Board of Directors; and that the said Stephen A. Moss, as such officer
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by him voluntarily executed.
r
�e��c �8rrf 4s 'F"'W A. 4 "^`' `+, 0
$*, ;. Commisian idumbcr n
72703') 1� 1'���'� ��" `
oW.l MyC is missionp�res Notary P4b in nd for the State of Iowa
�Lia�3f�ox� }
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 1F5k day of2014, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Stephen A. Moss and
Sonya S. Moss, individually, to me known to be the identical persons named in and who
executed the within and foregoing instrument, and acknowledged that they executed the same as
their voluntary act and deed. _
1r
�<
(SIePL�EFiLYA.FtOE!ZrEirnl) YI
o Pt`s, CommissiI�o�n Number 727039 Notary Pudic in and for the State of Iowa
L.4l:1ions Expires \�
ry t
W
STATE OF COLORADO )
ss:
COUNTY OF BOULDER )
On this Z2 -n& day of �} nV c Y 1� G C— - 2014, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared David G. Moss and
Janet A. Moss to me known to be the identical persons named in and who executed the within
and foregoing instrument, and acknowledged that they executed the same as their voluntary act
and deed. _
F
AVIER LEWISNoPOTARY PUBLICE OF COLORADO
RY ID 20144026467
ION E7CPIRES JULY 07, 2018
CITY OF IOWA CITY
MEMORANDUM
DATE: DECEMBER 31, 2014
TO: CITY COUNCIL
FROM: SIMON ANDREW, ADMINISTRATIVE ASS'T.
ALEC BRAMEL, INTERN CITY MGR.'S OFFICE
SUSAN DULEK, ASS'T. CITY ATTORNEY
DEREK FRANK, POLICE SGT.
DOUG HART, POLICE CAPTAIN
MARIAN K. KARR, CITY CLERK
RE: PROPOSED TAXI ORDINANCE
At the December 16 work session, a draft ordinance entitled "Taxi Ordinance 11/20/14 Working Draft"
was discussed. The proposed ordinance on the January 6 agenda contains the same language as the
working draft with the exception of a few non -substantive changes and the substantive changes noted
below.
Section 5-2-21. The date by which network taxicab businesses can be licensed has been changed to
March 1, 2015 from February 1. The earlier date in the working draft was based on discussing this at
an earlier work session.
Section 5-24C. The effective date for City -issued identification cards has been changed to March 1,
2015 from February 1.
Section 5-2-4H. Based on Evan McCarthy's comments he received from WRAC (Women's Resource
and Action Center), this provision regarding "shared rides" has been added.
Section 5-2-5C4. The working draft did not have an effective date for color schemes. The ordinance
provides a date of June 1, 2015 to coincide with the annual licensing year.
Section 5-2-13. The working draft had blanks for the amount of the criminal fine and the civil penalty.
Currently, the civil penalty is $100, and the ordinance makes no change to that. Currently, the criminal
fine is set by the magistrate within the range of $65 to $625. The ordinance sets it at $100, which is the
same as the civil penalty. Additionally, a set amount (known as a "scheduled fine") means that a
warrant will not be issued if the defendant fails to appear for a court appearance. Instead, judgment will
simply be entered for the fine and court costs.
Copy to:
Eleanor M. Dilkes, City Attorney Thomas M. Markus, City Manager
Geoff Fruin, Ass't. City Manager Sam Hargadine, Police Chief
Currently Licensed Taxicab Businesses- w/copy of proposed ordinance
Michael Triplett, Pooneet Kant, and Carla Jacobs, Uber Representatives- w/copy of proposed ordinance
Jasmine Almoayed, City of Cedar Rapids- w/copy of proposed ordinance
Thor Johnson, City of Coralville- w/copy of proposed ordinance
City of North Liberty- w/copy of proposed ordinance
December 18, 2014
This letter notifies you as owner of the taxi business (attached) that the following violation of the City
Code has been documented.
Section 5-2-213
.... Provide taxicab service, to the public twenty four (24) hours a day, seven (7) days a
week, and have a business office located in Iowa City or Coralville city limits. No
dispatching shall be done from a vehicle All dispatching shall be done from the office except
between the hours of twelve o'clock (12:00) midnight, and six o'clock (6:00) A.M. The
telephone number listed on the application must be answered twenty four (24) hours a day,
seven (7) days a week.
This is the only warning you will receive. Another documented violation will be processed as a
municipal infraction pursuant to City Code Section 5-2-2B.
The City Council will be considering a new ordinance on January 6 that will require 24/7 dispatching
from the office. Please note, if the ordinance is adopted there will no longer be an exception between
the hours of midnight and 6:00 A.M.
Sincerely,
Marian K. Karr
City Clerk
cc: City Council
Police Sgt. Frank
E103 MEN I&I'VERHIM RZKO 110216,111 '! 1
On 12/17/14 Police made phone calls to multiple cab companies that are licensed to operate in
Iowa City. The purpose of the calls was to check for compliance with the requirements that the
business phone is answered 24 hrs a day. Below are my results:
0350 hrs - American Taxi Cab - NO ANSWER - answering machine
0430 hrs - Gold Top Taxi - NO ANSWER - recording stated that "all cabs are unavailable"
0430 hrs - Jowan Taxi Cab - NO ANSWER - recording stated that they were "unable to reach" the
phone
0435 hrs - City Cab - NO ANSWER - voicemail
0434 / 0436 / 0450 hrs - Marco's Taxi Co. - NO ANSWER - busy signal on three separate calls
0436 hrs - Number One Cab - phone answered
0439 hrs - Yellow Cab - phone answered
0442 hrs - Big Ten Taxicab - NO ANSWER - voicemail
0437 hrs - Red Line Cab - NO ANSWER - voicemail provided an "alternative number" (319.359.1362)
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 2, ENTITLED "TAXICABS," IS AMENDED TO PROVIDE FOR THE REGULATION
OF RIDE SHARING SERVICES OPERATING VIA A WEB BASED APPLICATION SYSTEM, TO
REQUIRE THE CITY TO ISSUE IDENTIFICATION CARDS, TO ELIMINATE THE EXCEPTION
FOR DISPATCHING FROM A LOCATION OTHER THAN THE OFFICE FROM MIDNIGHT TO
6:00 AM, TO REQUIRE COLOR SCHEMES, TO REVISE THE DEFINITION OF DESTINATION
RATES, AND TO REGULATE SHARED RIDES.
WHEREAS, in the spring of 2014, the Police Department investigated allegations of sexual assaults
by taxi cab drivers;
WHEREAS, in their investigations, the Police Department expended many hours in attempting to
locate drivers and vehicles;
WHEREAS, in order to address the Police Department's needs in investigating crimes, the Police
Department recommends certain amendments;
WHEREAS, ridesharing transportation services, which connect driver and passenger via a web -based
application, are expanding to more cities both in the U.S and abroad;
WHEREAS, having such ridesharing services operating in the City will provide residents and visitors
with another transportation option;
WHEREAS, such ridesharing services should be regulated in a similar manner to traditional taxicab
services;
WHEREAS, the regulations imposed on taxicab companies, regardless of the business model, should
meet the following health, safety and welfare needs: a) the police department's need for timely and
accurate information on vehicles and drivers; b) the police department's need for consumers and crime
victims to be able to identify vehicles and drivers; c) vehicles need to be safe; d) drivers need to be a good
drivers and of good moral character; and e) passengers need to be notified of the fare that will be
charged;
WHEREAS, in order to address those needs, the City should issue identification cards to all drivers,
the current exception that allows dispatching to be done from a non -office location from midnight to 6:00
AM should be eliminated, metered taxicab businesses should have a unique color scheme, destination
rates should be defined to be the flat rate from a location within the City limits to a location outside the City
limits, and the ability of drivers to pick up "additional" passengers should be limited; and
WHEREAS, it is in the public interest to adopt these amendments.
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 "Taxicabs," Sections 1-10
and 13-14 are deleted in their entirety and the following new Sections 1-8 and 10-12 are substituted in lieu
thereof:
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 a commercial airport, and operates without a taximeter.
APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or
a person wishing to drive a taxicab.
CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a taximeter
calibration course. Said certificate must state the individual qualifications to program, calibrate, repair and
maintain a taximeter. Said certificate must also include the name of the meter manufacturer(s), and
models for which the individual is qualified to calibrate.
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
Ordinance No.
Page 2
an hourly basis or longer periods of time.
CONNECT: The network communication process by which a driver accepts a requested ride via a web -
based application system.
DECAL: A sticker issued by the city clerk for each taxicab operated by a taxicab business.
DESTINATION RATE: A flat fee charged by a metered taxicab business to carry a passenger from
anywhere within the corporate limits of Iowa City to a specified geographic location outside the corporate
limits of Iowa City that is applicable at all times and on all days. A destination rate cannot be charged for a
ride that originates and terminates within the corporate limits of Iowa City. Examples of a destination rate
are: Iowa City to Riverside Casino $_ and Iowa City to Eastern Iowa Airport $_.
DISPATCH: The communication process, such as by means of telephone, radio, or mobile device, by
which a metered taxicab business assigns a particular metered taxicab driver to a location to pick up a
passenger.
DRIVER: A person who is authorized by the city to drive a taxicab.
ENTRY FEE: The fee charged when the taximeter is turned on regardless of the distance traveled.
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 taximeter.
LICENSE: Written permission by the city to operate a taxicab business.
MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time
and place of origin, destination, number of passengers, and the amount of fare of each trip. A manifest
log may be stored electronically.
METERED TAXICAB. A taxicab in which the taxicab business dispatches a driver to a passenger or the
driver responds to a passenger via traditional street hail, including hand gestures and verbal statements.
A metered taxicab does not include a pedicab or horsedrawn vehicle.
METERED TAXICAB BUSINESS: A taxicab business that operates at least one taxi by means of
dispatching drivers and/or by means of traditional street hail, including hand gestures and verbal
statements. A metered taxicab business does not include taxicab services provided by pedicabs and
horse drawn vehicles.
NETWORK REPRESENTATIVE: The person that a network taxicab business has authorized to file an
application for a taxi cab business license and receive and accept all correspondence and notices from
the City pertaining to the network taxicab business and its affiliated drivers.
NETWORK TAXICAB. A taxicab in which the driver connects with passengers via a web -based
application.
NETWORK TAXICAB BUSINESS: A taxicab business that operates its business entirely via a web -based
application system to connect drivers with passengers for taxicab services.
PASSENGER: An individual being transported by a taxi cab business.
PEDICAB: A vehicle propelled primarily by human power through a belt, chain or gears, having two (2) or
more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement
the human power, but the pedicab cannot be propelled exclusively by the motor. 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 taximeter.
PREARRANGED RIDE: A period of time that originates when a driver accepts a requested ride through
a web -based application, continues while the driver transports the passenger, and terminates when the
passenger departs from the network taxicab.
RATE CARD: A card containing the maximum fare rates. A rate card must include the information shown
on the city clerk's rate card template, and it must be filed with the city clerk.
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, metered taxicabs, network taxicabs, pedicabs, and horsedrawn vehicles. "Charter
transportation" and "airport shuttle," as defined in this section, and a vehicle owned or operated by any
governmental entity that provides public transportation are not taxicabs.
TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate
limits of the city of Iowa City.
TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business.
TAXIMETER: A device attached to a taxicab that automatically calculates at a predetermined rate or rates
Ordinance No.
Page 3
and indicates the charge for hire of a metered taxicab.
WEB -BASED APPLICATION: A program that is accessed over a network or internet connection that
connects passengers and drivers and provides passengers with driver, vehicle, and rate information prior
to engaging in a prearranged ride.
5-2-2 BUSINESS LICENSES:
A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1
of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed
by May 1, except for pedicabs and horsedrawn vehicles.
B. Each applicant for a taxicab business license shall file an application with the city clerk by May 1 on
forms provided by the city.
C. If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the
applicant has no outstanding judgments arising from municipal infraction citations, 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. If the city clerk subsequently finds that the taxicab business is not in full compliance with the
requirements of this chapter or if the police chief or chiefs designee finds that continued operation of the
taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk
may revoke or suspend the license to conduct a taxicab business as provided in section 5-1-5 of this title.
E. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the
city clerk.
F. The license cannot be sold, assigned, or transferred to another taxicab business.
G. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise. Manifest logs must
be maintained and accessible to the city for a minimum of sixty (60) days.
H. Each taxicab business shall provide taxicab service to the public twenty-four (24) hours a day, seven
(7) days a week.
I. Notwithstanding the provisions herein, network taxicab business licenses may be issued for the time
period between March 1, 2015 and June 1, 2015.
5-2-3 ACCESSIBILITY OF RECORDS:
A. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, for a minimum of
sixty (60) days. The manifest logs shall be accessible to the City during the sixty (60) day period.
B. Taxicab businesses shall provide the following vehicle information and driver information on demand to
the city of Iowa City and this information must be accessible to the City in at least one of the following
ways:
1. A taxicab business shall have an accessible business office located within Iowa City or Coralville
city limits. An accessible business office means that the office must be staffed twenty-four (24) hours a
day, seven (7) days a week and is subject to inspection by the City without notice. Manifest logs must
be maintained at the accessible business office. The telephone number listed on the application must
be answered twenty-four (24) hours a day, seven (7) days a week.
2. A web -based application used to connect passengers and drivers shall display for the passenger
prior to engaging in a pre -arranged ride, at a minimum:
a. the driver's first name and a photograph of the driver;
b. the license plate number of the vehicle; and
c. the vehicle's make and model.
5-2-4 DRIVER REQUIREMENTS
A. No person shall operate a taxicab without authorization of the city clerk.
B. 1. Each person desiring to drive a taxicab shall file an application with the city clerk.
2.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
Ordinance No.
Page 4
that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of
the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will
be made available in the office of the city clerk during regular business hours and on the city website.
3. Driver authorization shall be valid for a period of one year from date of issuance.
C. 1.Beginning March 1, 2015, each driver while operating a taxicab, which includes a prearranged ride,
shall prominently display in locations in both the front and rear compartments a picture identification card
that is visible to all passengers. The City shall provide the picture identification card and shall approve the
locations where it is displayed.
2. Prior to March 1, 2015, each driver while operating a taxicab in the City, shall prominently display in
locations in both the front and rear compartments an identification card that is visible to all passengers
which is issued by the taxicab business showing the full name of the driver and the taxicab business. The
card must be at least eight and one-half inches (81/2") in width and five and one-half inches (51/2") in
height. The City -issued identification card satisfies this provision.
D. No driver shall smoke while transporting a passenger. No driver shall allow a passenger to smoke.
E. No driver shall take a circuitous route to a destination, or any route other than the most direct route,
without the express consent of the passenger.
F. No driver operating a network taxicab, unless it is also a metered taxicab, may solicit potential
passengers. Solicit means an appeal by words or gestures for immediate patronage of a taxi. A network
taxicab driver shall not direct people to a network taxicab that is parked, stopped, standing or moving upon
the street.
G. No driver operating a network taxicab, unless it also is a metered taxicab, may accept or respond to
passengers' or potential passengers' request for service via traditional street hail, including hand gestures
and verbal statements.
H.Shared ride means a taxi ride in which two or more passengers with the same origin and with either the
same or different destinations occupy a taxicab at one time. If passengers at the point of origin expressly
agree to a shared ride, the driver shall charge the first passenger, or first group of passengers, to depart
the fare shown on the meter. The driver shall then reset the meter, and the driver shall charge the second
passenger, or second group, to depart the fare shown on the meter for the distance from the point of the
first stop to the point the second passenger departs. If a passenger, or group, departs at a third or
subsequent destination, the driver shall reset the meter and charge the third or subsequent passenger in
the same manner as the second passenger. If all passengers depart at the same destination, the fare
charged by the driver shall be either the fare shown on the meter or a destination rate to a point outside
the City limits. Regardless of the number of passengers in a shared ride, the driver may not charge any
other fee or surcharge except a cleanup fee. No driver may request a passenger to share a ride, and no
driver shall pick-up an additional passenger at any point after the taxi ride begins.
I. A network taxicab is not a "commercial vehicle" for purposes of the parking restrictions in Section 9-4 of
the Code.
J. The following provision applies to motorized taxicabs: No person shall operate a motorized taxicab,
including a pedicab that is assisted or supplemented with a motor, 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.
5-2-5 VEHICLE REQUIREMENTS:
A. Each taxicab shall be subject to an annual inspection, and no taxicab shall pass inspection unless it
complies with this chapter, the vehicle equipment requirements of the code of Iowa, and administrative
rules.
B. The City may require reinspection of a taxicab on belief that it is not mechanically fit.
1. In the event any taxicab is determined by the city equipment superintendent or designee not to be
mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection
and determination that the taxicab meets the standards of mechanical fitness, a new decal will be
issued and charged as established by council resolution.
Ordinance No.
Page 5
2. The police chief or designee may require reinspection of a taxicab on belief that it is in such
unsafe condition as to endanger any person. In the event any taxicab is determined by the police
chief or designee to be in such unsafe condition as to endanger any person, the decal shall be
confiscated and returned to the city clerk. After reinspection and determination that the taxicab
meets the standards of mechanical fitness, a new decal will be issued and charged as established
by council resolution.
3. In the event any network taxicab is determined by the city equipment superintendent or designee
not to be mechanically fit, the City shall notify the network representative, and the network
representative must immediately deny the driver access to the network's system. After
reinspection and determination that the taxicab meets the standards of mechanical fitness, the
City shall notify the network representative and the driver may be allowed access to the
network's system.
C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a metered taxicab business
and driver, and pedicabs and horsedrawn vehicles as applicable, must meet the following requirements:
1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order, and
has been calibrated and sealed by a certified calibrator. Dated documentation must be provided to the
city equipment superintendent, on a form provided by the city, with each inspection and filed with the
city clerk when the inspection is completed. Calibration date must be within thirty (30) days prior to the
annual inspection. Signage must be conspicuously displayed on the inside of a taxicab that states "If
the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon
request." The city may require verification of a certified calibration for taximeters without prior notice
for the purpose of ensuring compliance with this chapter.
2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of
the vehicle in letters at least four and one-half inches (4 1/2") in height. Removable signs and peel -off
letters shall not be allowed. If a phone number is provided, the number shall be the same number that
appears on the taxicab business application and rate card. All other letters and numbers shall not be
greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the city
equipment superintendent or designee.
3. Lighted Dome: Every metered taxicab shall have a lighted dome attached permanently to the
exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from the front
and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by one inch by
three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines
that the permanent attachment of a dome to the exterior roof is not possible, the city equipment
superintendent or designee may approve an alternative placement. If a phone number is provided the
number shall be the same number that appears on the taxicab business application and rate card.
4. Beginning June 1, 2015, all metered taxicabs must have a unique and distinctive color scheme
and design, which must be approved by the City.
D. Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a minimum of four
(4) taxicabs, and one taxicab shall be in operation at all times. At least four (4) taxicabs shall be insured
and shall have a decal at all times.
5-2-6 DECALS:
A. Each taxicab business shall file an application for a decal for each taxicab with the city clerk on forms
provided by the city.
B. No person shall operate a taxicab on any street unless a decal has been issued by the city clerk, and
no taxicab business shall allow a taxicab to be operated on any street 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 taxicab.
C. If the city clerk finds that the taxicab business has fully complied with the requirements of this chapter
and the city equipment superintendent or 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.
D. The decal shall be nontransferable as between taxicabs and taxicab businesses.
Ordinance No.
Page 6
E. Decals will be issued by the city clerk on the next business day at least twenty- four (24) hours after the
filing of a completed application for such decal with the city clerk.
F. The taxicab business shall return the decal within two (2) business days of when the vehicle is no
longer operating as a taxicab. Additionally, metered taxicab businesses shall remove the bubble light and
lettering within two (2) business days of when the vehicle is no longer operating as a taxicab. Failure to
comply with this provision is grounds to suspend and revoke the taxicab business license.
G. If, after the issuance of a decal, the license plate for the taxicab is changed, the taxicab business shall
inform the city clerk in writing of the new license plate number and have the city equipment supervisor or
designee verify that the VIN, license plate number, and decal match. No driver shall operate a taxicab until
the city equipment supervisor or designee has verified that the VIN and decal match the new license plate
number. No taxicab business shall allow a taxicab to be operated until the city equipment supervisor or
designee has verified that the VIN and decal match the new license plate number.
H. The taxicab business shall return the decal within two (2) business days of when the vehicle is no
longer operating as a taxicab.
I. No person shall operate a motorized vehicle, a horsedrawn vehicle, or a pedicab that has a decal
attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to the following
situations: 1) the decal is outdated; 2) the insurance for the taxicab as required in this chapter has been
cancelled or otherwise terminated; or 3) the taxicab business has notified the City Clerk that the vehicle is
no longer part of its fleet.
5-2-7 LIABILITY INSURANCE REQUIREMENTS:
A. The taxicab business shall insure each driver consistent with the requirements of this chapter.
B. The minimum limits of the insurance policy shall be determined by the City's Risk Manager.
C. The taxicab business shall file with the city clerk evidence of liability insurance coverage in the form of
one certificate of insurance that lists all taxicabs insured. The certificate of insurance must be acceptable
to the City.
D. The insurance company must be authorized to do insurance business in the state of Iowa and be
acceptable to the city.
E. Insurance coverage for the driver of a network taxicab shall, at a minimum, be for incidents involving
the driver during a prearranged ride and shall provide coverage at all times the driver is engaged in a
prearranged ride. Insurance coverage of a metered taxicab, which is not titled in the name of the
business, shall be for incidents involving the driver when the vehicle is operated as a taxicab and shall
provide coverage at all times a driver is operating the taxicab. Insurance coverage of a metered taxicab,
which is titled in the name of the business, and pedicabs and horsedrawn vehicles, shall be for all
incidents.
F. Notwithstanding Section 5-1-5, the cancellation or other termination of an insurance policy required by
this chapter shall automatically suspend the business license. The City Clerk shall immediately issue
written notification to the taxicab business of the suspension of the license. The City Clerk will schedule a
suspension hearing before the City Manager or designee in the same manner as in Section 5-1-5. If the
taxicab business obtains insurance coverage that complies with this chapter prior to the hearing on the
suspension, the City Clerk may withdraw the suspension and cancel the hearing. Upon the City Clerk
suspending the license, the taxicab business shall return all decals to the city clerk. If the suspension of
the business license is subsequently withdrawn, the taxicab business must apply for new decals in
accordance with the terms of this chapter and at its expense.
5-2-8 RATES:
A. Rates must be based on time, distance, or a combination thereof.
B. Taxicab businesses and drivers shall provide rate information to all passengers in at least one of the
following ways:
1. A web -based application system that minimally provides:
Ordinance No.
Page 7
a.The total fare or fare range is clearly displayed on the application and the passenger positively
acknowledges he or she agrees to the rate structure being charged for the ride requested before
the ride is confirmed. All other rates, charges, or fees are prohibited.
b. Upon completion of the prearranged ride, the driver or taxicab business shall transmit to the
passenger an electronic receipt, either by electronic mail or text message. The receipt shall
document the point of origin and destination of the ride, the total distance and duration of the ride,
the total fare paid, and the driver's first name.
c. No taxicab business or driver shall charge a fare that exceeds the amount communicated through
a web -based application.
2. A rate card that is prominently displayed to all passenger seats and each driver shall provide a
copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the
city clerk.
a. A rate based on distance includes destination rates. Except for destination rates, all rates
based on time and/or distance must utilize a taximeter. All other rates, charges, or fees, except
for cleanup fees, are prohibited. Only one rate may be certified by the calibrator at one time, and
said rate must match the rate card filed in the city clerk's office and verified by the city
equipment superintendent or designee.
b. No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter that has been
calibrated by a certified calibrator and inspected.
c. Whenever the taxicab business desires to change the rate charged, the taxicab business shall
file a rate card with the city clerk setting forth the new rates. The business must have all
taximeters recalibrated by a certified calibrator on a form provided by the city and returned to
the city clerk no later than ten (10) business days after filing the new rates with the city clerk.
The business must have the taximeter recalibrated by a certified calibrator no sooner than the
filing date of a rate card change and no later than ten (10) business days after said filing date,
The business must have all taximeters recalibrated by a certified calibrator before the business
may again change the rate charged.
3. No taxicab business or driver shall charge a fare exceeding the amount communicated to
passengers through a web -based application, rate card, or taximeter.
5-2-10 REVOCATION/SUSPENSION OF LICENSES AND AUTHORIZATIONS:
Licenses and authorizations issued under this chapter may be revoked or suspended as provided in
section 5-1-5 of this title.
5-2-11 FEES:
Fees for licenses, decals, inspections, and authorizations shall be set by Council resolution.
5-2-12 ADMINSTRATIVE RULES:
The City Manager and City Clerk, and their designees, are authorized to establish administrative rules not
inconsistent with any ordinance adopted by the City Council. A copy of the rules shall be on file with the
City Clerk and available of the City website.
5-2-13 VIOLATIONS:
Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction. The fine
for a simple misdemeanor shall be $100.00, and the civil penalty for a municipal infraction shall be as
provided in Section 1-4-213 of the code.
Ordinance No.
Page 8
2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 11,
entitled "Horsedrawn Vehicles" is renumbered as Section 9.
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 after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2015.
MAYOR
ATTEST:
CITY CLERK
Approved by
a - I A -31--i
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 01/06/2015
Voteforpassage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Kristin Watson, Human Rights Investigator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5015
ORDINANCE NO.
ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN
RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," SECTION 2, ENTITLED
"INVESTIGATION OF COMPLAINTS; PREDETERMINATION SETTLEMENT," TO
AMEND TIME PERIODS CONCERNING HOUSING COMPLAINTS.
WHEREAS, the City Code presently requires complaints of discrimination in housing to be resolved
within 100 days of filing; and
WHEREAS, time periods for service of complaints and provision of answers to mandatory
questionnaires/document requests are incompatible with the 100 -day deadline and should be shortened;
and
WHEREAS, it is in the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled
"Investigation of Complaints; Predetermination Settlement," Subsection A is hereby repealed and
replaced with the following:
A. After the filing of a verified complaint, a true copy shall be served by certified mail upon the person
against whom the complaint is filed. Service shall be effected within 20 days of filing for complaints in
the areas of employment, public accommodation, credit or education, and within 7 days of filing for
complaints alleging discrimination in the area of housing. Service is effective upon mailing.
2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled
"Investigation of Complaints; Predetermination Settlement," Subsection C. is hereby repealed and
replaced with the following:
C. The Human Rights Coordinator may draft and mail to the parties written questionnaire/document
requests to which respondent and complainant are required to respond. Answers and documents are
to be received by the Human Rights Coordinator's office within thirty (30) days of receipt of the
questionnaire/document request for complaints in the areas of employment, public accommodation,
credit and education, and within fifteen (15) days of receipt of the questionnaire/document request for
complaints in the area of housing. The Human Rights Coordinator may grant extensions of time to
respond.
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 after its final passage, approval
and publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
day of 2014.
Approved by:
City Attorney's Office
i 1— '�. —' �
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 12/16/2014
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration 01/06/2015
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Date published
that the