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HomeMy WebLinkAbout2011-11-01 Ordinancer Prepared by: Nick Benson, Planning Intern, 410 E Washington St, Iowa City, IA 52240 6b ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 213-8, SPECIAL PROVISIONS, BY ADDING A SUBSECTION C TO PROVIDE A TWENTY -FIVE PERCENT DENSITY BONUS OPTION FOR ELDER APARTMENT HOUSING IN MULTI - FAMILY ZONES EXCEPT THE NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20). WHEREAS, 2010 U.S. Census data shows a sixty -seven percent increase in the percentage of senior residents in Iowa City over the last ten years; and WHEREAS, it is important to provide a variety of housing options for Iowa City's growing senior population, including elder apartment housing as defined in Title 14 of the Code of Ordinances of the City of Iowa City; and WHEREAS, density bonuses allow developers to build more dwelling units than otherwise permitted under zoning laws, enabling development to occur on sites that may be size- restricted, as well as potentially increasing the project's profitability; and WHEREAS, adding a 25 percent elder apartment housing density bonus option in all multi - family zones except for the Neighborhood Stabilization Residential Zone (RNS -20) will provide an incentive for developers to build elder apartment housing while ensuring that densities are in keeping with the rest of the zone; and WHEREAS, requiring all developments that utilize the density bonus option to reserve individual dwelling units for elders and /or persons with disabilities and make individual dwelling units and communal spaces handicap accessible, as well as restricting the number of bedrooms allowed in each dwelling unit, will ensure that the purpose of the code amendment is met; and WHEREAS, the Planning and Zoning Commission has reviewed this zoning code amendment and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. By adding a subsection C entitled "Elder Apartment Housing Density Bonus Option" to Section 14- 213-8, as follows: C. Elder Apartment Housing Density Bonus Option 1. In the RM -12, RM -20, RM -44 or PRM Zones, Elder Apartment Housing, as defined in this Title, may be granted a density bonus not to exceed 25 percent of the maximum number of units otherwise permitted in the applicable zone, provided that: a. The development is intended for use and occupancy by elders and /or persons with disabilities; b. All individual dwelling units and any communal space must be handicap accessible, as defined in the Iowa Administrative Code Section 661 - 302.20; c. No more than 10 percent of all individual dwelling units can contain more than 2 bedrooms; d. Prior to issuance of the building permit, the owner must submit an affidavit to the City that all individual dwelling units will be reserved for and occupied by elders and /or persons with disabilities; and e. Owners shall maintain a valid rental permit, unless the use is licensed by the State of Iowa. 2. The City reserves the right to inspect the elder apartment housing to verify compliance with these provisions. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Ordinance No. Page 2 Passed and approved this day of 120 MAYOR Approved by ATTEST: `� /� t L 2�ZLriz7�7 FK -rte CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 11/1/2011 Vote for passage: AYES: Champion, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Dickens. Second Consideration Vote for passage: Date published �L Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 00013) ORDINANCE NO. AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY HIGH DENSITY SINGLE FAMILY (OPD /RS -12) PLAN FOR 2.73 -ACRES OF LAND LOCATED AT 2785, 2829 AND 2871 HEINZ ROAD. (REZ1 1-000 13) WHEREAS, On August 16, 2005, the City Council adopted Ordinance Number 05 -4171 approving a Planned Development Overlay (OPD) Plan for portions of Saddlebrook Addition Part 1, Lot 3; and WHEREAS, the applicant, Mane Gate LLC, has requested a rezoning to amend the Planned Development Overlay High Density Single Family (OPD /RS -12) Plan for portions of Saddlebrook Addition Part 1, Lot 3, located at 2785, 2829 and 2871 Heinz Road to allow ground floor residential uses in lieu of commercial space and to remove the requirement to build 20 garage spaces shown on the original approved OPD Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the OPD Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amended OPD Plan, attached hereto and incorporated herein by this reference, for the property described below is hereby approved: A portion of the Lot 3, Saddlebrook Addition, Part 1 in Iowa City, Iowa as recorded in Recorder's Plat Book 37, Page 94 lying in the E 1/2 SW 1/4 and the SE 1/4 of Section 24, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the NW Corner of said Lot 3; thence N89 °56'44 "E - 235.51 feet along the north line of said Lot 3; thence S09 °42'27 "E - 349.64 feet along east line of said Lot 3; thence southerly - 91.85 feet along said east line of Lot 3 along a 2007.00 foot radius curve concave easterly with a central angle of 2 °37'19" and a chord of S11 °01'07 "E - 91.84 feet; thence S89 °38'31 "W - 311.34; thence N00 °05'24 "W - 436.50 feet along the west line of said Lot 3 to the Point of Beginning. Said Parcel contains 2.73 acres. 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 OPD 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. Passed and approved this day of 12011. MAYOR ATTEST: Approved b4s--rCITY CLERK City Attorne� Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright that the Ordinance First Consideration 10/18/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration 11/1/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey Champion. NAYS: None. ABSENT: Dickens. 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Washington Street, Iowa City, IA 52240; 319- 356 -5030 ORDINANCE NO, ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES "OF THE CITY CODE TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. WHEREAS, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act ") to create a self - supported municipal improvement district in the City, to provide for the existence and operation of such district, to provide for the maintenance of improvements or self - liquidating improvements for such district, and to levy taxes with respect to such district, all as more specifically defined in the Act; and, WHEREAS, a petition (the "Petition ") was filed with the City Clerk on August 25, 2011 pursuant to the Act petitioning the City Council to create the Iowa City Downtown Self- Supported Municipal Improvement District (the "Proposed District "), to establish an operation fund with respect to the Proposed District, and to levy an annual tax for such fund for a period of four years, all for the purpose of paying the operational expenses of the Proposed District. WHEREAS, the Petition is in compliance with the provisions of the Act; and, WHEREAS, on September 6, 2011, the City Council received the Petition and referred it to the City's Planning and Zoning Commission for review in accordance with the Act; and, WHEREAS, on October 4, 2011 the City Council received the report of the City's Planning and Zoning Commission on the merit and feasibility of the Proposed District; and, WHEREAS, on October 4, 2011, the City Council scheduled a public hearing for November 1, 2011, at 7:00 P.M., at which it proposed to take action for the establishment of the Proposed District, and did direct that notice of such hearing be given in accordance with the Act; and, WHEREAS, notice of the hearing was published in the Iowa City Press Citizen on 2011, and a copy of such notice was mailed by certified mail on , 2011, to all the owners of record of real property located within the Proposed District as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and, WHEREAS, at the aforementioned time and place, the City Council did meet and hear all owners of property in the Proposed District and residents of the City desiring to express their views with respect to the establishment of the Proposed District; and, WHEREAS, on 2011, the City Council closed the public hearing on the creation of the Proposed District and found that the Petition and the Proposed District satisfied the applicable requirements imposed by the Act; and, WHEREAS, more than thirty days has now passed since the public hearing on the creation of the Proposed District was closed, and no petition has been filed with the City Clerk opposing the creation of the Proposed District. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa, Section I. That a new Chapter 7 entitled "Iowa City Downtown Self Supported Municipal Improvement District" shall be added to Title 3, "Finances, Taxation and Fees" of the City Code, as follows: 1. In accordance with Iowa Code Chapter 386 there is hereby established and created in the City of Iowa City, a self - supported municipal improvement district as defined in the Act, the name of which shall be the "Iowa City Downtown Self- Supported Municipal Improvement District" (herein the "District "). 2. The District shall include all property within the following described boundaries: Beginning at the centerline of Gilbert Street where it intersects with the extended centerline of the east -west alley between Bloomington and Davenport Streets in Block 57; Thence west along said alley centerline to the centerline of Linn Street; Thence south along the Linn Street centerline to where it intersects with the extended centerline of the east -west alley between Market and Bloomington Streets in Block 68; Thence west along the alley centerline to where it intersects the centerline of Dubuque Street; Thence south along the Dubuque Street centerline to the centerline of Jefferson Street; Thence east along the Jefferson Street centerline to the sidewalk on the east side of Gilbert Street; Thence south along the western boundary of said sidewalk to its intersection with the south boundary of the east -west alley between Iowa Avenue and Jefferson Street in Block 45; Thence east along the southern boundary of the alley to the NW corner of Lot 6 Block 45; Thence south along western boundary of Lot 6 to where said western boundary extended intersects the centerline of Iowa Avenue; Thence west along the Iowa Avenue centerline to the centerline of Clinton Street; Thence south along the Clinton Street centerline to the centerline of Washington Street; Thence west along the Washington Street centerline to the centerline of Capitol Street; Thence south along the Capitol Street centerline to the southern boundary line extended of Lot 4 Block 83; Thence east 182' to the east right -of -way line of Clinton Street; Thence south to the southwest corner of Lot 5 Block 82; Thence east along the southern boundary of Block 82 to the centerline of Dubuque Street; Thence north along Dubuque Street centerline to a point 40' west and 120' north of the southwest corner of Lot 5 Block 64; Thence east to the centerline of Linn Street; Thence south along Linn Street centerline to the southern boundary of block 63 extended; Thence east along the southern boundary of block 63 to the centerline of Gilbert Street; Thence north along the Gilbert Street centerline to a point 40' west of the NW corner of Lot 4 Block 44; Thence east along the south right -of -way line of Iowa Avenue to the NE corner of Lot 3 Block 44; Thence north to the northern boundary of the east -west alley between Iowa Avenue and Jefferson Street in Block 45; Thence west along the northern boundary of said alley to the eastern boundary of the sidewalk on the east side of Gilbert Street; Thence north along the eastern boundary of said sidewalk and crossing Jefferson Street to the northern boundary of the sidewalk on the north side of Jefferson Street; Thence west, crossing Gilbert Street, to the NW corner of Gilbert and Jefferson Streets; Thence west along the sidewalk to the SW corner of Lot 5 Block 59; Thence north to the centerline of the east -west alley between Jefferson and Market Streets; Thence east along the alley centerline to the SE corner of Lot 4 Block 46; Thence north to the northeast corner of Lot 4 Block 46; Thence north 105' to a point 25' north of the SE corner of Lot 5 Block 47; Thence west to the centerline of Gilbert Street; Thence north to the point of beginning, and excepting those properties zoned Neighborhood Public, which are as follows: The north 110' of the west 58.5' of Lot 4 Block 65 Lots 7, 8, and the east 20' Lot 6 Block 65 The west 58.5' of N 110' of Lot 4 Block 65 Lot 5 and the west 28.66' of Lot 6 Block 61 The east 38.3' Lot 6, all of Lot 7, and the west 39.7' of Lot 8 Block 58 3. It is hereby found and determined that all of the property within the District is similarly related so that the present and potential use or enjoyment of the property is benefitted by the condition, performance of administration, redevelopment, revitalization and maintenance of the District and the owners of property in the District have a present and potential benefit from the condition, performance of administration, redevelopment, revitalization and maintenance of the District. 4. Pursuant to the provisions of the Act, there is hereby established and created a self - supported municipal improvement district operation fund with respect to the District to be known as the "Iowa City Downtown Self- Supported Municipal Improvement District Operation Fund" (herein the "Operation Fund "), for which the City may certify taxes (the "Operation Tax ") against the property, as defined in the Act (excluding property assessed as residential property for property tax purposes), within the District (the "Property ") each year, in addition to all other taxes, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2012 for the purposes of paying the administrative and operational expenses of the District, as defined and authorized in the Act or paying part or all of the maintenance expenses of "improvements" or "self- liquidating improvements ", as defined in the Act, for a period of four (4) years. 5. The City may disburse the amounts collected in the Operation Fund, in accordance with the recommendations of a SSMID Advisory Board as described in paragraph 7 of the Petition. Any such disbursements shall be made to a SSMID Board, as described in paragraph 6 of the Petition and established in accordance therewith, for one or more of the following purposes: a) Development and management of activities in support of marketing, business retention and attraction, including, but not limited to: Establish databases Space referrals and assistance Marketing activities, including media and advertising campaigns and communication materials Miscellaneous business support services Establishment and promotion of special events, festivals and activities Further improvements and expansion of the Park & Shop /Bus & Shop Program b) Physical or other improvements designed to enhance the image and appearance of the Proposed District, including but not limited to: Lighting Improvements Seasonal and decorative enhancements Signage and banners Landscaping c) To hire a Business Development Manager and Assistant Business Development Manager who will work for the Board to manage the work of the Iowa City Downtown Self Supporting Municipal Improvement District Board and to fulfill the intent of the Petition. 6. The rate of the Operation Tax to be levied annually, in addition to all other taxes, as aforesaid, shall not exceed a rate of two dollars ($2) per one thousand dollars ($1,000) of taxable value of the Property. 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. Passed and approved this day of 12011. MAYOR ATTEST: CITY CLERK 7 ppoved by 1%0 City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 11/1/2011 Vote for passage: AYES: Bailey, Mims, Wilburn, Wright. NAYS: NONE. ABSENT: Dickens. ABSTAINING: Hayek, Champion. Second Consideration _ Vote for passage: Date published I5 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 "TAXICABS," BY ADDING THE DEFINITION OF CALIBRATOR TO SECTION 5 -2 -1, "DEFINITIONS; AMENDING SECTION 5 -2 -2 TO CLARIFY COMPANY RESPONSIBILITY WHEN A VEHICLE IS NO LONGER OPERATING AS A TAXI; AMENDING SECTION 5 -2 -7 TO PROVIDE PROVISIONS FOR ONE RATE PER COMPANY PER CALIBRATION FORM; AND SECTION 5 -2 -8 BY REMOVING THE OPTION OF OWNER NAME INSTEAD OF BUSINESS NAME. WHEREAS, City Code sections 5 -2 -1 establishes definitions for enforcement of a taxicab ordinance; 5 -2 -2 establishes requirements for operating a taxicab business; 5 -2 -7 sets out provisions for rates and rate changes; and 5 -2 -8 sets out provisions for vehicle requirements; and WHEREAS, City Council wishes to define calibrator, establish company responsibility for vehicles no longer meeting the requirements to be licensed, clarify one rate per company per rate card and outline procedures for rate changes; and WHEREAS, it is in the best interest of the City to amend current regulations for "taxicabs ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION 1. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended as follows: 5 -2 -1: DEFINITIONS. CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a taximeter calibration course. Said certificate must state the individual's 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 and the time period during which the individual is qualified to calibrate. Said certificate must be filed with the city equipment superintendent or designee for all vehicles starting with the 2012 licensing year. 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS: D. DECALS 3. Issuance Or Denial Of Decal; Nontransferability: d. The applicant shall return the decal and remove the bubble light and lettering immediately when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to revoke the taxicab business license. 5 -2 -7: RATES; HOURS; COMPLAINTS: 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. A rate based on time must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, 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. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of taxicab business 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. Ordinance No. Page 2 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 apply to taxicab business licenses effective March 1, 2012 and inspections that apply to licenses issued for the time period beginning March 1, 2012. Passed and approved this day of 1201 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 11/1/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published $1J q 74k CITY OF IOWA CITY MEMORANDUM Date: October 27, 2011 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Taxicab Ordinance Amendment Introduction: The City Clerk's office administers the taxicab business license and registers taxicab drivers. History /background: About a year ago an extensive rewrite was done establishing new regulations, including the requirement for taximeters in all vehicles operating as taxicabs. A number of issues arose over the past year concerning requirements for installing and maintaining of those taximeters by a certified calibrator; number of rates a company could file at one time; and clarification of signage. Discussion of solution: Discussions occurred between taxicab business, City Equipment and Police personnel, and staff about solutions. City equipment spoke with calibrators and manufacturers regarding the certificate language and the definition for a "certified calibrator" reflects those discussions. (5 -2- 1) Calls were received from the public, and investigated by the Police Department, that vehicles were operating with lettering and signage but were no longer licensed. This ordinance requires the company to remove the decal, bubble light and lettering, and failure to do so would result in revocation of the business license. (5 -2 -2) A taximeter can be programmed to hold a number of rates at the same time. Over the past year staff received calibrator forms with as many as 5 rates certified by a calibrator at one time, in different order. This lead to confusion by staff, other companies, and the public on which rate was the business rate. Staff feels it is important that one rate per form per business would assist the public with those questions. (5 -2 -7) Recommendation: Staff recommends approval of the ordinance to allow publication and distribution prior to the 2012 licensing year which is March 1. S:taxiapps /memo changes1011 0City of V%4 October 27, 2011 Dear Business Owner: of ?b About a year ago an extensive rewrite was done establishing new regulations, including the requirement for taximeters in all vehicles operating as taxicabs. A number of issues arose over the past year concerning requirements for installing and maintaining of those taximeters by a certified calibrator; number of rates a company could file at one time; and clarification of signage. As a result, staff has prepared an amendment (attached) clarification issues for Council action. The proposed changes include: ➢ Definition for a "certified calibrator ". (5 -2 -1) ➢ Requiring the business to remove the decal, bubble light and lettering for a vehicle no longer being operated as a taxicab, and failure would result in revocation of the business license. (5 -2 -2) ➢ Clarifying one rate per calibration form. (5 -2 -7) ➢ Requires business name on the exterior of the vehicle, removing business owner option. (5 -2 -8) Council will be considering this ordinance at their 7:00 PM meeting on November 1 meeting. If passed the ordinance would take effect starting with the 2012 licensing year. You are being notified and invited to present your views concerning this proposed ordinance in person or in writing. A copy of the proposed ordinance is attached, with proposed changes in red and underlined. Please contact my office with any questions you may have. Sincerely, Marian K. Karr, MMC City Clerk Attachment: Proposed Ordinance SAaxiJetterOCT2011 amendmentcodechanges.doc 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5043 • FAX (319) 356 -5497 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 "TAXICABS," BY ADDING THE DEFINITION OF CALIBRATOR TO SECTION 5 -2 -1, "DEFINITIONS; AMENDING SECTION 5 -2 -2 TO CLARIFY COMPANY RESPONSIBILITY WHEN A VEHICLE IS NO LONGER OPERATING AS A TAXI; AMENDING SECTION 5 -2 -7 TO PROVIDE PROVISIONS FOR ONE RATE PER COMPANY PER CALIBRATION FORM; AND SECTION 5 -2 -8 BY REMOVING THE OPTION OF OWNER NAME INSTEAD OF BUSINESS NAME. WHEREAS, City Code sections 5 -2 -1 established definitions for enforcement of a taxicab ordinance; 5 -2 -2 establishes requirements for operating a taxicab business; 5 -2 -7 sets out provisions for rates and rate changes; and 5 -2 -8 sets out provisions for vehicle requirements; and WHEREAS, City Council wishes to define calibrator, establish company responsibility for vehicles no longer meeting the requirements to be licensed, clarify one rate per company per rate card and outline procedures for rate changes; and WHEREAS, it is in the best interest of the City to amend current 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 "Taxicabs," is hereby amended as follows: 5 -2 -1: DEFINITIONS. 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 and the time period during which the individual is qualified to calibrate. Said certificate must be filed with the city equipment superintendent or designee for all vehicles starting with the 2012 licensing year. 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS: D. DECALS 3. Issuance Or Denial Of Decal; Nontransferability: d. The applicant shall return the decal and remove the bubble light and lettering immediately when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to revoke the taxicab business license. 5 -2 -7: RATES; HOURS; COMPLAINTS: 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. A rate based on time must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and clean up rates, 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. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of taxicab business 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. Ordinance No. Page 2 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 apply to taxicab business licenses effective March 1, 2012 and inspections that apply to licenses issued for the time period beginning March 1, 2012. Passed and approved this day of MAYOR Approved by 1 a - c City Attorney's Office 201 ATTEST: CITY CLERK 525 Southgate Avenue Iowa City, IA 52240 www.numberlcab.com November 1, 2011 RE: Iowa City Council to consider tightening taxi regulations I totally agree with everything posted in the press citizen today and would like to address the issues as well. I have personally received complaints from customers regarding some of the "fly by night cabs" and independent cabs and how they charge, even on the Halloween weekend the cabs were charging more I was told. They are even rude to other drivers. Also, they are not answering their phones during the day and the public can see all the cabs lined up over at Bartelt. The "fly by night companies" are only out during games, bar rush, big events, damaging it for the other companies because of how they handle things. Then a lot will fade out after the games and the "legit" companies have to suffer the consequences due to new rules /regulations because of what those companies were doing and they're long gone. Some of my recommendations: - Taxi's need to go back to one color scheme per company. -Need to put a cap on how many taxi companies can be in Iowa City. -Also, local taxi companies are out serving our community every day and I don't think it's fair for out of town companies to come in and benefit from only the busier days. Thank you for your time and consideration. Sincerely, Pam Alawneh #1 Cab, Owner "W-L. _Z:2��D Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52246 (319) 356 -5030 ORDINANCE NO. CONSIDER AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8 -1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND AMENDING SECTION 1 -8 -3 "DEPARTMENT HEADS" TO ESTABLISH A RESIDENCY REQUIREMENT FOR DEPARTMENT HEADS WHEREAS, some restructuring within the City organization has resulted in name changes to departments and their department head; and WHEREAS, the City has traditionally required City department heads to live within Iowa City's boundaries as a condition of employment; and WHEREAS, the City Manager recommends this ordinance amendment to accurately reflect the names of departments and the titles of said department heads within the City as well as to codify the past practice of requiring department heads to live within Iowa City municipal limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -1, "Administrative Service Departments Organized ", shall be amended by striking "Department of human relations" and "Assistant city manager" and replacing "Department of parking and transit" with "Department of transportation services" and replacing "Director of parking and transit" with "Director of transportation services ". B. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -3 "Department Heads" shall be amended by the addition of the following: G. Reside within the municipal limits of the City of Iowa City. These residency requirements are a condition of employment. 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. Passed and approved this day of 2011. MAYOR ATTEST: CITY CLERK 6-�- ity 0 - Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 11/1/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Hayek. NAYS: None. ABSENT: Dickens. Second Consideration Vote for passage: Date published I !�® CITY OF IOWA CITY ii-on,— MEMORANDUM Date: October 26, 2011 To: City Council From: Tom Markus, City Ma ge Re: Code Amendment Renaming Administrative Departments /Department Head titles and including residency requirements for Department Heads Introduction: This ordinance updates City code to reflect changes previously made to certain City departments and administrative /department head positions. This ordinance also proposes a requirement that all department heads live within the municipal limits of the City of Iowa City as a condition of their employment. Back rg ound: As a result of internal City department restructuring, the following changes have previously been made: 1. The "Department of Human Relations," which was previously headed by the "Assistant City Manager," will be removed from the City Code as the position of "Assistant City Manager" will be changed to "Assistant to the City Manager." The "Department of Human Relations" will report directly to the City Manager. 2. The "Department of Parking and Transit" and the "Director of Parking and Transit" will be renamed to the "Department of Transportation Services" and the "Director of Transportation Services" to reflect the restructuring and renaming of the department in 2009. Additionally, the ordinance proposes a requirement that all department heads be required to live within the municipal limits of the City of Iowa City as a condition of employment. All department heads currently reside in the City limits of Iowa City and adding this requirement would codify a practice that has already been put into place. Discussion of Solutions: By passing this ordinance, the City Council will be codifying changes and practices that have already been made internally. Recommendation: Staff recommends Council approve the changes to remain consistent with past practices and changes.