HomeMy WebLinkAbout2012-12-04 Ordinance6c
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12- 00025)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.02 ACRES OF LAND
LOCATED ON 1ST AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY
RESIDENTIAL(RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ12- 00025)
WHEREAS, the applicant, Jeff Miller, Inc., has requested a rezoning of approximately 1.02 acres of
property located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential (RS-
5) to Low Density Multi- Family (RIM-12); and
WHEREAS, the applicant intends to develop this site with a multi - family building that is compatible and
consistent with the surrounding multi - family and duplex development; and
WHEREAS; the comprehensive plan acknowledges the ownership of the property by Regina Foundation
with the potential use for access to Regina School; and
WHEREAS, Regina School no longer intends to use the property as part of the school campus and is
selling the property for private development; and
WHEREAS, development of the property for multi - family use is consistent with the comprehensive plan
designation for similar adjacent properties along 1St Avenue;
WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern
about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and
drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20-
foot buffer area be established and landscaped to provide a visual screen; and
WHEREAS, there is no other feasible means of vehicular access to this property except for 1St Avenue,
an arterial street, and before the City will grant access to an arterial street, the applicant must demonstrate
that public safety will not be compromised; and
WHEREAS, City transportation planning staff have determined that the safest location for driveway
access to 1St Avenue is on the north end of the property, given that it would be nearer the bottom of the hill
and closer to the middle of the vertical curvature of the roadway and nearer the outside of the horizontal
curve, which would increase overall sight distance for motorists so as a condition of rezoning staff has
recommended, and the Planning and Zoning Commission has concurred, that development of the property
be consistent with the submitted conceptual site plan that indicates the general layout of building and parking
area with the driveway location near the north end of the property; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement, attached hereto, 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:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation as Low Density
Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12):
LEGAL DESCRIPTION
Lot 2, First and Rochester, Part One, an Addition to the City of Iowa City, Iowa, according to the plat
thereof recorded in Book 23, Page 78, Plat Records of Johnson County, Iowa, subject to easements,
covenants and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official 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 the ordinance as approved by law.
SECTION III. 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(s) and the
City, following passage and approval of this Ordinance.
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, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12012.
A
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office 2d %2
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/27/2012
Voteforpassage: AYES: Dickens, Hayek, Mims, Payne, Throgmorton, Champion.
NAYS: Dobyns. ABSENT: Nane.
Second Consideration 12/4/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Date published
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construction, Inc.
(hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 1.02 acres of property located on 1st
Avenue north of Rochester Avenue, Iowa City, Iowa; and
WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single -
Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and
WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern
about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and
drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20-
foot buffer area be established and landscaped to provide a visual screen; and
WHEREAS, City transportation planning staff has determined that the safest location for driveway
access to 1st Avenue is on the north end of the property, so as a condition of rezoning staff has recommended
and the Planning and Zoning Commission has concurred that development of the property be consistent with
the submitted conceptual site plan that indicates the general layout of building, parking and driveway locations;
and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the
Central District Plan; and
WHEREAS, the Owner and Applicant agree to develop said property in accordance with the terms
and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. The Regina Foundation is the legal title holder of the property legally described as:
Comnenai 4q jkt t)le 1aorthwest corner of Section 12, Township 79 North, Range 6
West: of the Fifth principal, Meridian; thence 3009102826 "W, 600.07 feet along
the west line of said Sectiou 121 thence S$9009'37 "W, 25.38 feet to a point
on the west right of way line of First Avenue and the point of beginning;
thence southeasterly, 303.23 feet along said westerly right of way line, on
a 630.00 foot radius curve, concave northeasterly, whose 300.31 foot chord
nears SO4°48' 29#E to the northeasterly corner of Lot: 3 of First: and
Rochester Addition part tine, thence 989 023'49 "W, 57,18 feet" along the north
line of said Lot 3; thence N890361200W, 122 -87 feet along said north line;
thence d00 °32' 36 "F-,, 296.79 feet, thence N89009' 37"8`, 157.02 fact to the
point of beginning.
2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa
Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning chapter, as
well as the following conditions:
1 of 3
a. A 20 -foot buffer area shall be established between the development (including, but not limited
to any building, parking area or driveway) and Hickory Hill Park and said buffer area planted
with a variety of deciduous and evergreen trees and shrubs to form an effective visual screen
between the development and the Park. A landscaping plan shall be submitted for review and
approval through the City's administrative Design Review process; and
b. Development of the property shall be consistent with the submitted conceptual site plan that
indicates the general layout of the building, parking and driveway, to ensure that location of
driveway access to 1st Avenue is near the northern end of the property where it is safest for
vehicles to enter and exit the property.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy
public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant
running with the land and with title to the land, and shall remain in full force and effect as a covenant
with title to the land, unless or until released of record by the City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge 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.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's
expense.
Dated this day of , 2012.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
Elul / 2 1 '
2of3
Jeff Miller Construction, Inc.,
APPLICANT
Bv: ax
( ,- Title)
Regina Foundation,
OWNER
Gary J. Sc Treasurer
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
This instrument was acknowledged before me on , 2012, by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
APPLICANT ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
This instrument was acknowledged before me on
[name] as [title] of [name of business].
IMGARY d SCHMIT
Commissim Number 1492
Mr Commission Expires
NoAmbW a. 2015
OWNER ACKNOWLEDGEMENT:
STATE OF IOWA
ss:
COUNTY OF JOHNSON
Notary Public"" d for said County and State
(Stamp or Seal)
Title (and Rank)
This instrument was acknowledged before me on November 26, 2012 by Gary J. Schmit [name] as Treasurer
[title] of Regina Foundation [name of business].
r ANNA MOY RE S STONE
:o Commission Number 743557
My Commission Expires
ow October 20.2M5
3 of 3
ouotN-,-�
Nofary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
Iowa City Council
Re: Zoning Variance Request for 1 st ave and Rochester. Changing it from Rm5 to
Rm 12.
To whom it may concern, City Council Members
Since the first vote was made last night the 27 th of November. I am asking for the 2 nd
and 3 rd vote to be combined for the next meeting. If that is possible it would be much
appreciated. Please let me know if there is anything else I may need to do to accomplish
this request.
Thank -you
Jeff Miller Construction Inc.
308 E. Burlington St #153
Iowa City, Ia 52240
Jm.builder@hotmaii.com
Jeff Miller
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Building Footprint: approx.
10,488 s.f.
Lot Area: 44,431 s.f.
Building Coverage: 24%
Maximum Building Coverage
Allowed: 50%
Underground parking minimizes
area of lot covered by parking
Estimate of lot area covered by
driveway /parking: 3800 s.f.
Lot Coverage including
driveway and parking: 32%
Required Setbacks:
Front: 40 feet (arterial street setback)
Rear: 20 feet
Side: 7 feet required (20 feet shown
in concept)
Side setbacks (conceptual): approx. 20 feet
Tree Requirements
• Street Trees: 1 per 30 linear feet of frontage
(small trees) or 1 per 40 linear feet of frontage
for large trees
• Residential Trees: 1 per 550 s.f. of lot coverage
= approximately 20 trees
• Credit given for trees preserved encourages
preservation of existing trees
6d
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO. 12 -4502
AN ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE -
FAMILY (OPD -8) PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH -
STYLE HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR PROPERTY LOCATED AT
WHISPERING MEADOWS DRIVE AND PINTO LANE. (REZ12- 00022)
WHEREAS, the applicant, Saddlebrook Meadows Development, has requested a rezoning to amend the
Planned Development Overlay Medium - Density Single - Family (OPD =8) Plan for Saddlebrook Meadows Part
1 to add a single -story ranch -style house plan to the previously approved OPD plan for property located at
Whispering Meadows Drive and Pinto Lane; and
WHEREAS, the previously approved OPD plan for Saddlebrook Meadows includes three to seven
models of single - family homes, all of which have two stories; and
WHEREAS, the applicant has requested the -option of replacing up to six of the two -story models with
one -story dwellings to provide for more affordable units and dwellings on a single floor; and
WHEREAS, the approved single - family lots are considerably smaller and narrower than what is typically
allowed in the underlying Medium - Density Single - Family (RS -8) zone, and, due to the presence of alleys, the
models include a mix of attached and detached garages, which results in less usable yard space than in
most newer neighborhoods; and
WHEREAS, the proposed house models will include full -width front porches that will be a minimum of 8-
feet deep to provide for usable outdoor space; and
WHEREAS, the previously approved OPD Plan included a variety of house models and required that
identical models not be repeated next to each other, a condition that also applies to the revised plan; and
WHEREAS, the Planning and Zoning Commission has the 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. The Planned Development Overlay Plan for the property legally described
below is hereby amended to allow for the addition of a single -story ranch -style house plan, as shown on the
plan attached hereto and incorporated herein by this reference:
THE SADDLEBROOK MEADOWS PART ONE SUBDIVISION, AS RECORDED IN BOOK 3846, PAGE 747,
BY THE JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, JOHNSON COUNTY, IOWA
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed an approved this 4th day of December , 2012
MAYOR �j
ATTEST: /
CITY CLERK
Approved by
City Attorney's Office !d �4 /��
Ordinance No. 12 -4502
Page 2
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
X
x
x
x
x
X
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/13/2012
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Second Consideration 1112712012
Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Date published 12/13/2012
ELEVATION
SINGLE
OPTION
I:
M�9
6e
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
ORDINANCE NO. 12 -4503
AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4C, ACCESSORY USES AND
BUILDINGS, TO ALLOW FOR THE KEEPING OF CHICKENS AS AN ACCESSORY USE TO SINGLE
FAMILY DETACHED USES AND TO REFERENCE STANDARDS FOR STRUCTURES FOR THE KEEPING
OF CHICKENS.
WHEREAS, a large number of Iowa City residents, as evidenced by a petition submitted to City Council on
July 10, 2012, have expressed interest in allowing chickens in residential zones; and
WHEREAS, the Accessory Uses and Buildings section of the Zoning Code (144C) delineates criteria for
specific listed accessory uses and structures, and states that a use or structure can be considered accessory if it
meets certain general criteria and is customarily incidental to and commonly associated with a permitted
principal use; and
WHEREAS, urban chickens are not listed as a specific accessory use and, since they are not customarily
incidental to and commonly associated with a detached single - family residence in an urban neighborhood, they
cannot be considered a general accessory use; and
WHEREAS, an amendment to the Zoning Code is required to list the keeping of chickens a specific
permitted accessory use and to allow for structures for the shelter of chickens as an allowed accessory
structure; and
WHEREAS, additional regulations for the keeping of chickens will be established by the Animal Control
provisions of the City Code; and
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and
recommended 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. Amend Section 14 -4C -2, by adding a new subsection Y as follows:
Y. The Keeping of Chickens and Structures for the Shelter of Chickens
The keeping of chickens and structures for the shelter of chickens are permitted for detached single -
family uses subject to the restrictions and provisions set forth in Title 8, Chapter 4 "Animal Control ",
of the City Code of Ordinances.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 4th day of December , 2012.
MAYOR CITY Clciv
Approved by:
Zitfty Office
Ordinance No. 12 -4503
Page 2
It was moved by Mims and seconded by Pa
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
that the
First Consideration 11/13/2012
Voteforpassage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne,
Dickens. ABSENT: None.
Second Consideration 11/27/2012
Vote for passage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne,
Dickens. ABSENT: None.
Date published 12/13/2012
s
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN
CHICKENS.
WHEREAS, citizens have requested that the City Code be amended to allow them to keep chickens
to produce eggs for personal, not commercial, use; and
WHEREAS, it is in the best interest of the City to establish a permit process for urban chickens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 12, entitled "Permit
Required," is hereby amended by adding the following new Subsection F, entitled "Urban Chicken
Permits" as follows:
1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other
permit, issued by the City.
2. Chicken means a member of the subspecies of gallus gallus domesticus, a domesticated
chicken.
3. In order to obtain an urban chicken permit, an applicant must submit a completed
application on a form provided by the City accompanied by the permit fee.
4. Within 30 days of submission of the application, the Police Chief, or designee, shall issue
the urban chicken permit if the applicant meets the requirements of this provision and the policy adopted
by City Council resolution or deny the application. If the application is denied, Police Chief, or designee,
shall state the reasons in writing.
5. The urban chicken permit shall be valid for three years and may not be sold, transferred
or assigned.
6. The Police Chief, or designee, may revoke an urban chicken permit as provided in the
policy adopted by Council resolution.
7. Appeals of the decision to deny or revoke an urban chicken permit are to City Manager,
or designee, and must be filed within ten (10) days of the decision.
8. Subsections A -E of Section 8 -4 -12 and Section 8 -4 -13 do not apply to this subsection.
9. Additional requirements, including permit fees, shall be adopted by resolution.
10. Violation of this subsection or the terms of the urban chicken permit is punishable by a
municipal infraction with a civil penalty of $100 for first violation, $250 for second violation, and $500 for
third and subsequent violations.
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 12012.
ATTEST:
CITY CLERK
p -..
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/27/2012
Voteforpassage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne,
Dickens. ABSENT: None.
Second Consideration 12/4/2012
Voteforpassage: AYES: Champion, Dickens, Do.byns, Hayek, Mims. NAYS: 'Payne,
Throgmorton. ABSENT: None.
Date published
Marian Karr
From: Ed Pech <epech45 @gmail.com>
Sent: Wednesday, November 28, 2012 1:22 PM
To: Council
Subject: The chicken ordinance
To the Iowa City Council,
I urge you to vote against the proposed ordinance for adding chickens to the urban
environment here in Iowa City. Why? Because I lived and worked on a farm the first 18 years of
my life, and have fed chickens, watered chickens, gathered eggs, and cleaned out manure from
chicken houses. Chickens are nasty to take care of and be around.
Seeing that chickens are the latest fad and sensing that the council will probably pass this
ordinance (over the objection of many), at least give the strongest consideration to the neighbor
who has to live next to the person who wants chickens. Give the adjacent neighbors the right to
veto next door chickens! If the advocate wants to convince the neighbors that everything will be
fine, then okay, but if their argument falls short, then so be it.
Eggs are fresh, cheap, and readily available in any local market. And you don't have to get rid
of manure to buy them.
Ed Pech ----- 1213 Duck Creek Drive, Iowa City
Marian Karr
From: Matthew J. Hayek <mhayek @hhbmlaw.com>
Sent: Wednesday, November 28, 2012 3:43 PM
To: Marian Karr
Subject: FW: Urban Chicken Ordinance
Matthew J. Hayek
Hayek, Brown, Moreland & Smith, L.L.P.
120 East Washington Street, Iowa City, Iowa 52240 -3924
319.337.9606 telephone
319.338.7376 facsimile
Email: mhayek @hhbmlaw.com
Website: www.hhbmlaw.com
From: Matt Hayek [mailto:Matt- Hayek @iowa - city.org]
Sent: Wednesday, November 28, 2012 1:36 PM
To: Matthew J. Hayek
Subject: FW: Urban Chicken Ordinance
From: Dawn Hays [mailto: dawn. hays @yahoo.com]
Sent: Wednesday, November 28, 2012 12:17 PM
To: Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; connie - champion @ iowa- city .or g; Jim
Throgmorton
Cc: Tom Markus
Subject: Urban Chicken Ordinance
Dear Mr. Hayek, Ms. Mims, Mr. Dickens, Dr. Dobyns, Ms. Payne, Ms. Champion and Mr.
Throgmorton,
As a property owner and tax payer in Iowa City and as an insurance professional I would like to ask
the Council to seek input from the Iowa City Fire Department as to the risks associated with chicken
keeping within the City limits prior to approving a chicken keeping ordinance. I have not been able to
find in the record whether ICFD has been consulted by either Planning & Zoning or the Council as
discussions have proceeded.
I grew up on a farm in Johnson County. The greatest hazard with the keeping of agricultural animals
other than herd illness is that of fire. Proper chicken keeping will require construction of structures
that will prevent injury and death to the chickens by other animals and proper chicken keeping will
require those structures and their water sources to be heated in the winter months. Usually heat
lamps are used. Chicken keeping generates highly combustible waste of both nesting material and
excrement. The combination of heat source and combustible materials would seem to be a
significant fire hazard.
As a taxpayer I am opposed to even one dollar of my share of taxes being spent to fight a fire or for
even the most minor of injury to occur to a firefighter or resident that has resulted from chicken
keeping. In this community we have easy and inexpensive access to good quality eggs. Our
i
proximity to chicken raisers who follow good practices and raise healthy egg products means that this
food source has a minimal distance to travel to reach our tables. The cost per egg of even the most
expensive eggs for purchase in stores is between $.25 and $.33 a piece. We also have access to
fresh eggs at our robust Farmers Market 6 months out of the year from May through October.
It would be wise for the Council to investigate how an ordinance allowing chicken keeping in the City
of Iowa City might impact the City's insurance rating which is consulted when generating insurance
premiums for property owners.
I am not able to find in the record whether the City's waste management staff has been consulted as
to how the disposal of chicken keeping waste might impact our landfill.
I encourage the Council to practice all due diligence as to the impact of chicken keeping on the
taxpayers in Iowa City and whether the perceived benefits of chicken keeping for a few genuinely
outweigh the risks to the whole community.
Sincerely,
Dawn Hays, CPCU SCLA AIC
Marian Karr
From: Eddie Sobolewski <ed.sobo @gmail.com>
Sent: Tuesday, November 27, 2012 10:58 PM
To: Council
Subject: Urban Chickens in Iowa City
Good evening,
I had the chance to speak briefly at tonight's meeting on the topic of the proposed ordinance to allow chickens in
the city and wanted to add a few thoughts to the statements I made earlier:
I oppose the idea of allowing chickens within city limits, but also tend to agree with proponents of the
ordinance that requiring neighbor permission would be complicated and would set a troubling precedent.
That said, I believe that concerns over the neighbor veto should be taken as reasons for dropping the
ordinance altogether, rather than proceeding without it. At the very least, the consideration should be
sent back to the drawing board so that a fair way to address these conflicts can be devised.
One citizen tonight brought up the very good point that keeping livestock within the city was legal until
the rules were changed to disallow it. It would probably be helpful and informative to examine that
decision and the rationale that went into it.
Also, I would like to share two links with you. The first is the notice from CDC.gov that I quoted when I
addressed the council. The second is an article recently featured in The New York Times that may give pause
to some people who want to raise chickens so that they can have healthier eggs.
• http:// www .cdc.gov/healthypets /pdf /intown flocks.pdf
• http : / /www.R)Iimes.com/2012 /10 /10/ dining /worries- about -lead- for -new- oY rks- garden- fresh- eggs.html
Again, thank you for your attention and consideration. I hope you will keep these issues in mind during your
next session.
Edward Sobolewski
Marian Karr
From: shanmarie.jones @gmail.com on behalf of Shannon Gassman <shan.gassman @gmail.com>
Sent: Thursday, November 29, 2012 12:15 PM
To: Council; Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim
Throgmorton; Doug Boothroy; Misha Goodman; Tom Markus; Geoff Fruin
Subject: I -CLUCK opinion for Dec.4 vote
Dear Council,
I am writing this week to express the overall opinion of I -CLUCK regarding the three votes you will make on
the urban chicken ordinance next Tuesday, December 4, 2012.
Although we do not agree that this ordinance should include neighbor consent/veto, we would like to see this
ordinance passed as it will be presented on Tuesday, with the neighbor consent/veto included. We feel
strongly that this ordinance is a step in the right direction for Iowa City and that this is a compromise that we
can make in order to see this policy put into action.
The city manager has stated the possibility of revisiting the neighbor veto /consent issue in the future. We would
like to see that this issue is revisited in one to three years, in order to evaluate statistical and factual experience
within the city and reconsider the necessity of the provision. We believe that over time, it may become apparent
that these conservation regulations are too strict. However, we fear that it may be difficult in the future to make
changes to the policy. Therefore, we would suggest including in the policy a scheduled review of the neighbor
consent/veto stipulation in order to determine the validity of its inclusion within the overall ordinance.
Thank you for listening to our desire to keep chickens in this city and for keeping our opinion in mind
throughout this process.
Sincerely,
Shannon Gassman
Representing I -CLUCK
Shannon Gassman
shan. gassmanggmail.com
630 677 0227
Marian Karr
From: Victoria Solursh <vsolursh @yahoo.com>
Sent: Friday, November 30, 2012 10:22 PM
To: Council
Subject: Chicken ordinance
Victoria Solursh
819 N. Linn St
Iowa City, IA 52245
November 30, 2012
Dear Council Members,
I would like to state my objections to passage of any city ordinance that allows the
keeping of chickens in residential areas of Iowa City. My residence is within a designated
historic district of Iowa City and contains many single residences as well as rental
properties. I own one such rental property which is a duplex at 817 N. Linn St which is
adjacent to my own residence at 819 N. Linn St.
As a landlord and resident I am very diligent in keeping both of my properties well
maintained and try to avoid any action that would disturb my neighbors. I stress to my
tenants the importance of being a good neighbor by keeping personal noise levels down
and keeping the outside of the duplex clear of any waste materials such as cigarette
butts, cans or food containers. I also do not allow pets in the two units to avoid any
noise or waste materials from their presence whether inside or outside the dwelling.
Unfortunately on my block there are several households that do have one or more
dogs who are often outside and (usually tied up) who bark continuously at the slightest
scent, sound or appearance of other animals. Many times this occurs when their owners
are not home or are inside but so used to their dogs barking they do not react to the
outside noise.
I now strongly urge the defeat of any ordinance which adds to the noise level and
waste material in outside areas .My backyard and the two dwellings to my south have no
backyard fencing separating our properties and that is also true of the house to the
north. I do not want to hear, see or smell chickens when I am inside or outside in my
yard and I certainly do not want to listen to neighbor dogs barking because of their
presence.
I strongly oppose any city ordinance allowing the keeping of chickens and can't
understand why it might be allowed. If people want to raise chickens they can live in a
more rural setting. At the minimum I cannot understand why any council member would
vote to allow a residential owner to keep chickens without their neighbors' permission.
Even with such a provision a neighbor on one side might say fine and the one on the
other side might say no, so now there can be hard feelings among three neighbors. Also
if there is no provision to require the chickens' owner to obtain the permission of each
new neighbor who might move in next door that presents another problem.
1
No, I think it best to just let sleeping dogs lie and not let the chickens come home to
roost.
Sincerely,
Victoria Solursh
I
Marian Karr
From: Tam Bryk <tbryk @mchsi.com>
Sent: Monday, December 03, 2012 11:40 AM
To: Council
Subject: Urban Chickens Neighbors need to be considered
This correspondence will become a public record.
351 Magowan Ave
Iowa City, Iowa 52246
December 3, 2012
Dear Council Members:
I would like to express my viewpoint on the issue of Urban Chicken ownership.
My husband and I have called Iowa City our home since 1990. He works full time as a Software Support Specialist from
his office in our home and I am a fine artist who has run my small business from our residence for over 22 years. My fine
art studio has three walls of exposure; each of the walls has windows and /or large French doors. And each of these walls
adjoins my neighbors' yards or driveways in close proximity. As an oil painter fresh air and ventilation are extremely
important to both my health and my quality of life. Therefore, my windows and doors are open to the outside three
seasons of the year and often four. We have wonderful neighbors. Coincidentally two of our adjoining neighbor's homes
are currently up for sale. I work in my studio in some capacity seven days a week, 365 days a year barring illness or the
rare vacation. Many days I work upwards of 10 to 12 hours a day. My neighbors all leave their homes and go to work each
day. They leave their dogs and cats at home when they leave for work and I expect were they to own chickens they would
leave them as well.
If you chose to decide in favor of granting residents the ability to own urban chickens please structure the law so that it will
protect all of us who are destined to be inadvertently affected. I worked on a 107 acre farm during high school and college
and am well aware of farm life. Farm animals in a rural setting present differently than they will in the tight space intimacy
of some of our in -town neighborhoods. Small yards often force neighbors to be considerate of one another in many ways
so that relationships remain neighborly. But without built -in constraints neighbors do not always behave with the utmost
consideration of loving their neighbor as thyself.
I'm asking the council to proceed slowly on this issue and deliberate carefully before finalizing this law. Please take the
time to build in safeguards that ensure both those who would like to live with urban chickens and those who would not will
each have equal say.
Thank you
Tam and Mitch Bryk
(Thomasine and Matthew Bryk)
319- 354 -7318
Marian Karr
From: Roberta Till -Retz <demspotter @g mail. com>
Sent: Sunday, December 02, 2012 3:11 PM
To: Council
Subject: Backyard chickens - -yes!
Dear members of council:
Please allow Iowa City to join the national healthy trend toward urban chickens. They are one way to
control Japanese beetles (they love them!) plus they taste better and are better for you. Of course,
neighbors need to agree, and chicken farmers need to be very responsible. But please allow
this. When compared to factory- farmed eggs sold in supermarkets, one study (follow the link)
showed free -range or pasture - raised chicken eggs have four to six times more vitamin D, three times
more vitamin E, two -third more vitamin A, and seven times more beta carotene. They also have an
two times more omega -3 fatty acids, a firmer texture, and superior flavor. Most supermarket eggs are
weeks old and require refrigeration. Egg shells are porous and the longer an egg sits, the more its
nutrients are depleted. Factory- raised eggs are also susceptible to losing flavor and texture as they
age. Backyard eggs can be eaten within minutes of laying, which maximizes the flavor, texture, and
nutritional value of one of nature's most perfect foods.
Thanks for listening.
Roberta Till -Retz /
206 College Court
Iowa City, IA 52245
319 -512 -1934
I
Marian Karr
From: JLMaynardASLA @aol.com
Sent: Monday, December 03, 2012 12:06 PM
To: Council
Subject: Urban Chicken Ordinance and Policy
December 3, 2012
The Honorable Matt Hayek, Mayor
And Members of the City Council
City of Iowa City, Iowa
410 East Washington Street
Iowa City, Iowa 52240
RE: Urban Chicken Policy Requirements and Standards
Mayor Hayek and Members of the City Council:
I reiterate my opposition to the approval of the Urban Chicken Ordinance and Urban Chicken Policy
and encourage you to reject both items. I encourage you to review the previous letters written in
opposition carefully, particularly those from Elizabeth Cummings and Dr. John Kammermeyer. Give
thorough consideration to the kind of attractive, enjoyable urban residential environment we want to
create and maintain in Iowa City. We already allow too many structures and too much clutter in the
required open spaces (yards) which defeats the purposes for which they were established.
If the ordinance permitting chickens does pass, then the Urban Chicken Policy needs further change and
refinement. I believe that the following modifications and additions should be made:
Terms of Permit: Should provide that if the keeping of chickens ceases, the Chicken Coop and
Chicken Pen shall be removed within a reasonable time, not to exceed 30 to 60 days and the area restored
to a residential lawn area. We do not need to allow the accumulation of more clutter in yards to detract
from the quality of the residential environment
Site Requirements: The required distance of 25 feet for Chicken Coops from any neighboring
habitable structure is not adequate. The distance should be at least 35 feet, if not 50 feet, and should
include equal distance from any outdoor living area, patio, gazebo or swimming pool on abutting
properties.
Site requirements should also include that water run off from Chicken Pens shall be contained within the
property of the owner of the chickens so as not to contaminate children's play areas, outdoor living areas
or lawns and gardens of abutting properties.
The distance for coops from a property line should be increased to 10 feet, to be consistent with the
requirements for dog houses and dog runs.
Coop Requirements: There is no maximum size (area) and height specified for a Coop.
It is not clear whether the coop is subject to or excluded from the 20 per cent of the required rear yard
area occupancy limitation. Both the area of the coop and pen should be included in this limitation
It also is not clear whether a building permit is required for the construction of a coop and /or the
installation of mechanical heating, ventilation and lighting devices.
Pen Requirements: The pen should not be permitted to occupy the entire back yard. The perimeter of
the pen should be some prescribed distance from all property lines such as 10 feet, consistent with the
requirements for dog houses and dog runs,
The pen should be some prescribed distance, at least 35 feet, from any habitable structure and outdoor
living area on abutting properties and the area of the pen included in the 20 percent area occupancy
limitation of the backyard.
As previously stated above, Site Requirements should also include that water run off from Chicken Pens
shall be contained within the property of the owner of the chickens so as not to contaminate children's
play areas, outdoor living areas or lawns and gardens of abutting properties.
If the pen is permitted to include the entire back yard, the perimeter fence height should be increased to 6
feet.
Your careful and positive consideration of the above comments and suggestions is greatly appreciated.
Sincerely yours,
Jim L. Maynard
1909 Winston Drive
Iowa City, Iowa 52245
Tel.: 319 - 351 -4636
E -mail: ilmaynardasla(ii),aol.com
Marian Karr
From: J Patrick White <jpw2034 @hotmail.com>
Sent: Tuesday, December 04, 2012 11:27 AM
To: Council
Subject: Chickens in backyards
Hello, My name is Betty White, I live at 2034 Rochester Ct. Iowa City. I am urging you to vote no on allowing
chickens in backyards. I suffer from a condition called Macular Degeneration from Histoplasmosis. It is from
coming in contact with bird droppings, Chickens, maybe. I have lost vision in my left eye and have endured
painful injection into the eye with a drug to help save some of my sight. I was asked if I grew up on a farm and
cleaned out chicken coops. It is common with farmers. I am not a farmer. It is a fungus that is in the soil from
bird droppings and can cause many symptoms. Some are life threatening for people with immune problems. It
may cause problems years later. It can lay dormant in the body for years , as in my case. You can look up the
many diseases from Histoplasmosis on the Internet and can get Information from the U. of I . Eye Clinic Retina
Dept. I choose not to live on a farm and do not want to endanger my health any further. Thank You for your
time, Betty White 338 -1024
This correspondence will become a public record.
Marian Karr
From: Eddie Sobolewski <ed.sobo @gmail.com>
Sent: Tuesday, December 04, 2012 2:07 PM
To: Council; Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim
Throgmorton
Subject: Urban Chickens
Council members,
I had intended to come to the meeting tonight to again express my views on the proposed urban chicken ordinance, but
will be unable to attend. Please include this message with your notes and consider it during your discussion.
Over the last few weeks, we have heard several times from members of I -CLUCK and other supporters of urban chicken
keeping. Many of them have drawn parallels between chickens and other animals when citing reasons that we should
move forward with the ordinance, often mentioning that chickens are no more noisy, smelly or unclean than the average
pet dog or cat. With this in mind, I reached out to a few members of I -CLUCK through Facebook to pose this question:
how many of them would raise chickens inside their own home, if city ordinances allowed for it?
Though I was not granted membership to the I -CLUCK group on Facebook and none of the individuals I contacted chose
to answer this question, it is not hard to imagine what their answer would likely be. Not because of the fact that I don't
want to have chickens in or around my own home, but because of the fact that chickens are not dogs. Nor are they cats
or parrots or any of the other animals they've been compared to. Chickens are chickens and should be considered based
on whatever problems and benefits they bring to the table, regardless of how other animals are legislated.
We've also heard a lot of anecdotes about peoples' chickens. This person loves warm eggs. That person had a pet
chicken 20 years ago and never once caught salmonella. These are great stories, but they are poor replacements for
facts as foundations for public policy.
It is a fact that chickens are a common vector for a variety of diseases. It is a fact that a salmonella outbreak spanning 27
states occurred just this year and that outbreak was linked to poultry in backyard flocks. It is a fact that if Iowa City has
the same rate of participation as Cedar Rapids — our nearest neighbor to allow urban poultry — we can expect about 27
households to start raising their own.
The primary benefit being cited is that participating households can have fresh, healthy, locally raised eggs. Considering
how many farms and CSAs in our area offer fresh, healthy, locally raised eggs, is it really fair to ask our citizens to accept
the risks associated with this modest benefit to 0.04% of our population? I think not, and 1 hope you will agree.
Links:
Thank you, http: / /www.cdc.gov /salmonella /live - poultry- 05 -12/
Edward Sobolewski http: / /thegazette.com /2012/10/11/all- cooped -up/
http://www.idph.state.i1.us/health/infect/PouItry:htm
http : / /www.localfoodsconnection. org/ 2010 /03/22/ 2010- guide -to -csas- that - serve -iowa =city/
s
Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY
ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND
GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION
HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES,
MATERIALS AND DEVICES, AND FROM CONDITIONS_ HAZARDOUS TO LIFE OR PROPERTY IN
THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING
FOR THE ISSUANCE OF PERMITS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT.
1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is
inserted in lieu thereof:
That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of
Iowa City, being marked and designated as the International Fire Code, 2012 edition, including errata and
Appendix Chapters B, C, D, E, F, G, H, and I as published by the International Code Council, be and is
hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and 'governing
the safeguarding of life and property from fire and explosion hazards arising from the storage, handling
and use of hazardous substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises as herein provided, providing for the issuance of
permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code
on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set
out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following
sections of this ordinance.
2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new
Section 2 is inserted in lieu thereof:
That the following sections are hereby revised:
Section 101.1 Insert: Iowa City, Iowa
Section 102.1 Modify by adding a fifth applicability requirement to the end as follows:
5. A. A. A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50 -298 located
on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by
July 1, 2013.
B. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit
discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013.
C. All A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100 -298 with an
ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined
as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner
may show to the building official's satisfaction that said change in ownership is one of form and not
substance.
Section 104.1.1 Add a new section to read as follows: The code official and members of the fire
prevention bureau shall have the powers of a peace officer in performing their duties under this Code.
Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate
such members of the Fire Department as fire /police investigators upon being certified by the Iowa Law
Enforcement Academy. Fire /police investigators shall have the powers of a peace officer in performing
their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city
ordinances and state statutes. Notwithstanding his /her status as a peace officer, a fire /police investigator
shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief shall assign.
Ordinance No.
Page 2
Section 104.12 Add a new section to read as follows: The code official is authorized to order an
operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which
has or is a fire, life safety or health hazard.
Section 105.2 Add a sentence to the end of the section to read as follows: Application for an
operational permit shall be submitted with all required information not less than 14 days prior to the event
requiring a permit.
Section 106.2 Add a sentence to the end of the section to read as follows: The fire code official at the
official's sole discretion may send plans to a qualified agency for review. The fire code official shall
designate the plans review agency. The applicant shall pay all fees associated with the plan review
directly to the outside agency.
Section 108. Delete in its entirety and insert in lieu thereof. See Title 17 Chapter 12 of this Code.
Section 109.4 Delete the section and replace with: Persons who shall violate a provision of this code
or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do
work in violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or
municipal infraction, as prescribed in 1 -4 -2D. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
Section 111.4 Delete the section and replace with: No person shall continue any work after having
been served with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition
Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire
Department, the Fire Marshal, or the Chiefs authorized representative.
Section 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER.
The Johnson County Joint Emergency Communications Center.
Section 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9-
4-13 for additional rules and regulations.
Section 202 Delete the existing R-4 definition and substitute the following: R -4 Residential
occupancies shall include buildings arranged for occupancy as residential care /assisted living facilities
including more than five but not more than 16 occupants, excluding staff.
Group R -4 occupancies shall meet the requirements for construction as defined in the
International Building Code for Group R -3, except as otherwise provided for in that code.
Section 307 See also 6 -6 of this Code.
Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or
objectionable because of smoke or odor emissions or when atmospheric conditions or local
circumstances make such fires hazardous shall be prohibited.
Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not
maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code
official.
Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is
authorized to order the extinguishment by the responsible person or the fire department of any burning
that creates or adds to a hazardous or objectionable situation.
Ordinance No.
Page 3
Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material
storage shall be confined to approved storage areas, such that the presence of incidental storage in any
other area of the building does not constitute a hazard.
Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the
building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all
building occupants shall promptly evacuate the building.
Exception: When the emergency evacuation plan, as approved by the fire code official, does not
require the immediate total evacuation of the building.
Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd
management meshes the design features of a facility, the established operating features of that facility,
and an understanding of the occupants' expected natural behavior in that facility for a specific type of
event.
Section 403.4 Add a new section to read as follows: A -2 Occupancy Crowd Managers. Group A -2
occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy
reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be
provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually
receive training approved by the fire code official in crowd management techniques.
Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E
occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in
Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester.
Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall
be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of
Transportation C -3 or M -3 mixes. The concrete access road shall be a minimum of 7 inches thick over
compacted soil. .
Section 505.1 Delete the section and replace with: New and existing buildings shall have approved
address numbers, building, numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100 -199 ft from the street the
number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200 -299 ft from
the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each
additional 100 ft from the street, the number shall increase by an additional 2 inches in height.
Measurements to determine the minimum number size shall be measured from the approved address
location to the center line of the street for which the premises is addressed. Where access is by means
of a private road and the building cannot be viewed from the public way, a monument, pole or other sign
or means shall be used to identify the structure.
Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall
be installed in an approved location on all new construction.
Exceptions: Group R -3 and unsecured R -2 occupancies.
Section 507.5.1 Delete exceptions 1 & 2.
Section 507.5.1.1 Delete the section and replace with: Hydrant for fire sprinkler and standpipe
systems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system
connection and on the same side of the fire department access as the connection or as approved by the
code official.
Section 510.1 Delete exception 1.
Ordinance No.
Page 4
Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical
power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative
lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of
the Iowa City Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of
construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code.
Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space
heaters shall be fully enclosed space heaters that by design have no external surfaces that reach
temperatures capable of igniting materials placed against the surface.
Section 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings
shall be maintained in accordance with the conditions of original approval. Any change to the interior
finish that is regulated by the provisions of this code or the building code shall be made in accordance
with all applicable requirements.
Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing
cut trees and natural decorative vegetation used in buildings open to the general public shall be properly
treated with an approved flame retardant.
Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall
be prohibited in Group A, B, E, 1 -1, 1 -2, 1 -3, 1-4, M, R -1, and R -4 occupancies.
Exception: Trees located in areas protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R -1.
Section 807.4.3.1 Delete exceptions 1 & 2.
Section 807.4.4.1 Delete exceptions 1 & 2.
Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working
plans submitted to the fire department for water based fire protection systems shall be stamped and
approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City
Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person
shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III
certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life
safety system design. Other qualifications may be approved by the code official.
Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted
to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a
qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any
changes to the working plans shall be approved by a qualified person. A qualified person shall have a
minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for
Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other
qualifications may be approved by the code official.
Section 903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic
sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater)
above static pressure in the fire protection system hydraulic calculations.
Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2
A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following
conditions exist:
1) The fire area exceeds 5,000 square feet;
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
Ordinance No.
Page 5
B. Existing Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An
automatic sprinkler system shall be provided throughout the A -2 occupancy if one of the following
conditions exists:
1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of
exit discharge and has an ABDL; or
3) Group B Occupancies located on a floor other than the level of exit discharge and which have an
ABDL; or
4) Group A -2 Occupancies with occupant load of 100 or more that have an ABDL and are not
regulated in B1 or B2 above, provided:
There is a change in business ownership, defined as the sale, transfer, or assignment of any
legal or equitable ownership interest, except that the owner may show to the building official's
satisfaction that said change in ownership is one of form and not substance.
Section 903.2.1.6 Add a new Section to read as follows: An automatic sprinkler system shall be
provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or
existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit
discharge. The automatic sprinkler system shall be provided throughout the floor area where the new
Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all
floors between the Group B occupancy and the level of exit discharge.
Section 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler
system shall be installed throughout all fire areas containing an ambulatory care facility and all floors
between the ambulatory care facility and the level of exit discharge serving such a facility.
Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn /strobe
device shall be mounted directly above the fire department connection between seven (7) and ten (10)
feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the
flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised
audible visual notification appliances shall be installed on each level of the interior of the building as
required by the fire code official and NFPA 72.
Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall
not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and
waterflow device for each normally occupied floor. The location of sprinkler control valves must be
approved by the fire code official.
Section 906.1 Delete the exception without substitution.
Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any
required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2 -A, 10 -13 C.
Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm
annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be
installed in accordance with section 907.1.4.1 through 907.1.4.5.
Section 907.1.4.1 Add a new section to read as follows: Fire Alarm Panel Height: Installation of fire
alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception:
Panel height may be altered by the code official.
Section 907.1.4.2 Add a new section to read as follows: Number of Fire Alarm Control Panels in
Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm
until the system is reset and shall not be canceled by the operation of an audible — alarm silencing switch.
This control panel shall only receive alarm signals from fire protection equipment.
Ordinance No.
Page 6
Section 907.1.4.3 Add a new section to read as follows: Combination Fire /Security Alarm System
Panels. A listed combination fire /security alarm system panel that meets all the requirements of this code
and amendments may be permitted by approval of the fire code official. The fire /security panel shall be
capable of providing a signal that can differentiate between the fire and security alarm.
Section 907.1.4.4 Add a new section to read as follows: Password /PIN Protection Prohibited: Fire
alarm control panels and /or fire alarm annunciator panels that require a password /PIN to silence an
alarm /supervisory /trouble signal and /or to reset an alarm /supervisory /trouble signal shall be prohibited.
Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annunciator Panels: The fire code
official can require the addition of fire alarm annunciator panels based on the size of building and access
to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2.
Section 907.2 Delete the section and replace with: Where required —new buildings and structures. An
approved and addressable fire alarm system installed in accordance with the provisions of this code and
NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through
907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are
provided by another section of this code.
A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire
alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices.
Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire
alarm box shall be installed.
EXCEPTION:
1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control
and supervisory service.
Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A -2 occupancies with occupant loads of 200 or more, manual fire alarm boxes
are not required where the building is equipped throughout with an automatic sprinkler system
and the alarm notification appliances will activate'upon sprinkler water flow.
2) Group A -2. An automatic /manual fire alarm system shall be installed in Group A -2 occupancies
with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot - candies over the area of
the room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows:
New and existing educational occupancies shall have a monitored fire alarm system.
Section 907.2.3 Modify by adding a 4th exception as follows:
4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system
unless required elsewhere in the code.
Section 907.2.9.1 Delete exception 2 without substitution.
Section 907.2.11.2 Modify by adding a fourth location requirement as follows:
4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all
stairway enclosures in Groups R -2, R -4 and I -1 occupancies. In corridors, detectors shall be located
within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each
thirty (30) feet of corridor length or spaced as allowed by the code.
Section 907.2.13.2 Delete the section without substitution.
Ordinance No.
Page 7
Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of
the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is
authorized to modify the requirements for manual fire alarm boxes.
Section 907.6.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic
sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler
control valve and waterflow device for each normally occupied floor.
Section 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm
and /or annunciator panels shall have all zones and address points plainly and permanently labeled as to
their location on the outside of the panel or on an easily readable map of the building.
Section 907.6.5 Add to the end of the section as follows: Each address point identification shall have
an alpha /numeric descriptor location. Alpha /numeric descriptor locations are required to be reported to
the Emergency Communications Center upon activation of alarm conditions as specified by the fire code
official. Supervisory alarm conditions are required to be reported to the fire code official by an approved
manner.
Section 910.1 Delete exception 2 without substitution.
Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in
buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed
to operate automatically by actuation of a heat - responsive device rated at least 100 degrees F (38
degrees C) above the operating temperature of the sprinkler.
Exception: Gravity- operated drop -out vents complying with Section 910.3.2.1.
Section 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be
automatically activated by heat detectors having operating characteristics equivalent to those described in
Section 910.3.2. Individual manual controls for each fan unit shall also be provided.
Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall
be 2 %Z" National Standard Thread.
Section 1028.2 Add the following exception:
EXCEPTION: The main entrance /exit of A -2 occupancies shall be of a width that accommodates not
less than two- thirds of the total occupant load.
Section 1029.1 Modify by deleting exceptions 1 and 3.
Section 3206.7 Modify by deleting footnote "J" from TABLE 3206.2.
Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply
with the requirements of the Iowa.Right to Know law.
Section 5601.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale,
handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or
perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy
snakes which contain no mercury or caps used in cap pistols.
Section 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground
storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks
and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an
approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to
no less than 50 feet.
Section 5704.2.11.2 Add a #4 to the end of the section to read as follows:
Ordinance No.
Page 8
4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any
Residential Zone boundary.
Section 5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards.
Existing above - ground tank installations, even if previously approved, that are determined to constitute a
hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as
required by the fire code official and in accordance with this code.
Section 5705.5.1 Add an exception to read as follows:
6) Corridor installations are prohibited in Group -E occupancies.
3. Section 3. That the geographic limits referred to in certain sections of the 2012 International Fire
Code are hereby established as follows:
Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above - ground tanks outside of
buildings is prohibited in the entire City of Iowa City, Iowa.
Exception: Zones 1 1 &2, CI 1 and /or as approved by the Fire Chief.
Section 5706.2.4.4. The storage of Class I and Class II liquids in above - ground tanks is prohibited in
the entire City of Iowa City, Iowa.
Exception: Zones 1 1 &2, Cl 1 and /or as approved by the Fire Chief.
Section 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City,
Iowa.
Exception: Zones 11 &2, CI 1 and /or as approved by the Fire Chief.
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 full force and effect January 1, 2013, after
final passage, approval and publication, as provided by law.
Passed and approved this day of 12012.
MAYOR
ATTEST:
CITY CLERK
Approved by:
S�W % ( 6 — 3 1 -- lc4�
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:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 11/27/2012
Vote forpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration 12/4/2012
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Date published
Marian Karr
From: Tom Markus
Sent: Monday, December 03, 2012 9:30 AM
To: Marian Karr
Cc: Geoff Fruin; Adam Bentley
Subject: FW: Dogs off leases- VOTE NO
For distribution
From: Mike Moran
Sent: Monday, December 03, 2012 9:27 AM
To: 'jnraaz @mchsi.com'
Cc: Tom Markus
Subject: FW: Dogs off leases- VOTE NO
Hi Jerry,
The ordinance that city council will be considering is to allow dogs in the Ped Mall, not allowing them to be off - leash.
The article might have been misleading but there is no consideration of off -leash areas in any city parks. The ordinance
change simply allows dogs in the Ped Mall (on a leash) and to run off -leash in the two cities dog parks! If you have any
further questions please let me know I will be happy to answer them! mm
From: Julie Raaz [mailto:jnraaz @mchsi.com]
Sent: Monday, December 03, 2012 7:43 AM
To: Council
Cc: jnraaz @mchsi.com
Subject: Dogs off leases- VOTE NO
This correspondence will become a public record.
Dear Council Members
I understand you are considering amending an ordinance to allow dogs to be off -leash in Iowa City Parks -
PLEASE DON "T DO THAT. I am opposed to dogs being allowed to run and roam freely in City Parks. (I base
this upon on article in PC about allowing dogs on 6 ft leases in Ped Mall- which I don't care about Ped Mall as
long as they are on some kind of leash)
I am very concerned about allowing dogs to run and roam in City Parks- I was personally accosted and nearly
injured by off -lease dogs in Hickory Hill Park the fall of 2012- all within 20 minutes of these two attacks. Had I
not been an aware and forceful respondent- I could easily have been injured.
The City of IC has provided two large and wonder fenced dog -parks so people can have their dogs run free- it is
inappropriate and dangerous to open up ALL parks to dogs - off -the- leash.
Quite simply it is bad city policy to allow dogs to be off lease in parks.
What about small children_ how would they protect themselves from dogs? How about elderly or those with
infirmity making it difficult to avoid confrontation? Bad idea- bad policy. I have a war hero son who has two
leg prosthetics and the first time he went to a City Park- a dog off the lease knocked him to the ground -
fortunately he was not injured but now he does not want to go to parks- how sad is that?
I know dog - people are highly organized- but this Citizen of many decades in IC- is totally opposed to changing
ordinance to allow dogs off leash- please don't do it. Do it for public safety — keep parks safe for children and
all citizens.
Signed
Jerry Raaz
319.631.0246
M9 -12-04-12
11
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO. 12 -4504
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4,
ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY,"
CHAPTER 6, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND
RECREATION REGULATIONS," TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT ANIMALS IN
SIDEWALK CAFES, AND TO ALLOW DOGS TO BE OFF LEASH IN ALL DOG PARKS.
WHEREAS, the Iowa City Downtown District has requested that dogs be allowed on City Plaza with
certain restrictions;
WHEREAS, City Code section 8-4 -6F prohibits animals in buildings serving foot but not in sidewalk
cafes or outdoor service areas;
WHEREAS, City Code section 10 -9 -2D allows a dog to be off -leash in Thornberry Off -Leash Dog
Park, but the Code has not been amended to include the City's second dog park, Rita's Ranch Dog Park;
and
WHEREAS, it is in the best interest of the City to allow dogs on City Plaza with certain restrictions, to
prohibit animals from being in sidewalk cafes and outdoor services areas, and to allow dogs to be off
leash in all dog parks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitled
"Prohibitions and Requirements," Subsection D, entitled "Animals at Large Prohibited," Paragraph 1d is
hereby amended by deleting it in its entirety and substituting the following new Paragraph 1d:
It is a dog in a City dog park that has been issued a use permit.
2. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitled
"Prohibitions and Requirements," Subsection F, entitled "In Food Establishments," is hereby amended by
deleting it in its entirety and substituting the following new Subsection F:
In Food Establishments: No animal shall be allowed, taken or permitted on or in any building, store,
restaurant, tavern, sidewalk cafe, or outdoor service area where food or food products are sold, prepared
or dispensed to humans other than the owners thereof, except for animals properly trained and certified to
assist persons with disabilities while such animals are acting in such capacity.
3. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6, entitled
"Animals Restricted," is amended by deleting Section 6 in its entirety and substituting the following new
Section 6:
No person shall take, accompany or allow any animal into City Plaza with the following exceptions:
a) an animal permitted in section 8-4 -12 of this code;
b) an animal trained to assist persons with disabilities;
c) an animal securely confined within an animal carrier, kennel, cage, or crate and does not create a
public nuisance; or
d) a dog restrained with a leash no greater than six feet (6') in length and not:
(1) within 15 feet of the concrete border of the playground equipment located south of the public
library;
(2) in a limestone planter;
(3) tethered or tied to any object on public or private property; or
(4) in a sidewalk cafe.
4. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," Subsection D, entitled "Animals,"
Paragraph 3 is hereby amended by deleting Paragraph 3 in its entirety and substituting the following new
Paragraph 3:
This provision shall not apply to: a) an animal trained to assist persons with disabilities; b) a person
issued a permit as authorized in section 8-4 -12 of this code; or c) a dog in a City dog park that has been
issued a use permit.
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.
Ordinance No.
Page 2
12 -4504
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 4th day of December , 2012.
w
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
Ordinance No. 12 -4504
Page 3
It was moved by Champion and seconded by Dob
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
Throgmorton
that the
First Consideration 11/13/2012
Voteforpassage: AYES: Mims, Payne, Thro gmor ton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration 11/27/2012
Voteforpassage: AYES: Payne, Champion, Dickens, Dobyns, Hayek, Mims.
NAYS: Throgmorton. ABSENT: None.
Date published 12/13/2012
12
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO. 12 -4505
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE
AND SERVICE, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES, AND
SECTION 5, SOLID WASTE DISPOSAL, TO INCREASE THE DEPOSIT FOR UTILITY ACCOUNTS
AND RAISE RECONNECTION AND CARDING FEES TO REFLECT ACTUAL COSTS INCURRED BY
THE CITY; AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL
PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED, TO
HOLD DEPOSITS UNTIL ACCOUNTS ARE CLOSED; AND AMENDING TITLE 16, PUBLIC WORKS,
CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION
PROCEDURES; DELINQUENT ACCOUNTS, TO ENSURE THE IMPOSITION OF LIENS CONFORMS
TO STATE CODE;
WHEREAS, the City has previously held some protection from loss upon tenant defaults by the City's
opportunity to lien the property in question for most services provided; and
WHEREAS, legislative changes to the State Code now result in greater difficulty for the City in liening
for any such charges; and
WHEREAS, as a result of said legislative change, the City now requires greater protection through
utility deposits, which have remained unchanged since 1997; and
WHEREAS, residential tenant accounts average $59.92 per month, and staff has historically aimed to
set deposits at two months typical use; and
WHEREAS, staff believes that raising the deposit for rental accounts from $80 to $120, and holding
the deposits until the accounts are closed and paid in full will offer some protection against losses; and
WHEREAS, staff wishes to raise the fee for reconnection of disconnected service, and the posting fee
for shutting off water, in order to recoup actual costs incurred by the City to do so.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE is hereby
amended by changing the "Deposit and delinquency fee for combined city water and /or sanitary sewer
and /or solid waste collection accounts" for "Residential tenant accounts" from "80.00" to "120.00'; and for
"Commercial account", deleting the language and replacing it with the following:
An amount equal to an average 2 month billing for commercial service for city water and /or
sanitary sewer service, or $120.00, whichever is greater.
And is further amended by changing the "Reconnection of discontinued service" fee from 135.00" to
145.00" for the "Fee During Normal Working Hours ", and from "$70.00" to "$80.00" for the "Additional
Service Fee After Normal Working Hours ", and by changing the "Posting fee for shutting off water in
collection procedure" from "35.00" to 145.00" for the "Fee During Normal Working Hours ".
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES, SECTION 4, WASTEWATER TREATMENT WORKS USER
CHARGES is hereby amended by changing the "Deposit and delinquency fee for combined city water
and /or sanitary sewer and /or solid waste collection accounts" for "Residential tenant account, per
combined residential service for city water and /or sanitary sewer and /or solid waste collection service"
from "80.00" to "120.00 ".
Ordinance No. 12 -4505
Page 2
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES, AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL is hereby amended by
changing the "Deposit and delinquency fee combined for city water and /or sanitary sewer and /or solid
waste collection accounts" for "Residential tenant account, per combined residential service for city water
and /or sanitary sewer and /or solid waste collection service" from "80.00" to "120.00 ".
TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 5,
ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED is hereby amended by deleting
paragraph "B." in its entirety and replacing it as follows:
B. Required deposits shall be held until service is terminated and the account closed. At such
time, the amount of the deposit shall be credited to the account or refunded to the account holder
if the account is closed and paid in full.
TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6,
BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, paragraph B.(2) is amended
by deleting it in its entirety and replacing it as follows:
2. For residential rental properties where the charges for service are separately metered and paid
directly by the tenant and when the utility account is in the current tenant's name, liens of the
property shall be pursuant to state code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this 4th day of December , 2012.
MAYOR ----yy��� )
ATTEST: /f7Qitl�L� 2 7 -,-
CITY CtERK
Ap roved by
City Attorney's Office
Ordinance No. 12 -4505
Page 3
It was moved by Dobyns and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
_x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/13/2012
Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration 11/27/2012
Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Date published 12/13/2012
13
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO. 12 -4506
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS
AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS,"
SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO CHANGE THE
DURATION OF A MOBILE VENDING PERMIT FROM ONE YEAR TO THREE YEARS
AND TO LIMIT THE OWNERSHIP INTEREST TO THREE CARTS.
WHEREAS, regulating the use of public right -of -way by commercial businesses ensures the safe
movement of pedestrians and fair commercial use of the right -of -way;
WHEREAS, section 10 -3 -5 presently provides that the City may issue permits annually for mobile
vending in City Plaza;
WHEREAS, for ease of administration and to align permits on the same three -year cycle as sidewalk
cafes in the street and in planters, the permits for mobile vending should be for three years;
WHEREAS, presently three carts are owned in part by one person; and
WHEREAS, it is in the City's interest to increase the term of a mobile vending permit to three years
and to prohibit a person from having an ownership interest in more than three vending carts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 1 b
in its entirety and by substituting in its place the following new paragraph:
Permits will be issued for three -year periods beginning May 1, 2013 to April 30, 2016. All applications
for mobile vendor permits must be received by January 31 of the calendar year for which the three -year
permit will be issued. Permits for partial periods may be available as provided in the administrative rules.
2. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a
in its entirety and by substituting in its place the following new paragraph:
No more than six (6) permits shall be issued for each three -year period. All permits shall be
issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks
of Iowa Avenue.
3. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks,"
Section 5, entitled "Use by Mobile Vendors," is hereby amended by adding new Subsection A,
Paragraphs 2d and 2e as follows:
d. No person may have an ownership interest, as determined by the City, in more than three mobile
vending cart operations.
e. If the City Council decides to eliminate or reduce the mobile vending permit program, the City
may terminate all permits upon 120 -day notice to the permittees.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
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, as provided by law.
Passed and approved this 4th day of December 2012.
MAYOR
ApDroved
"'��� ll If-�l -1d
ATTEST: / i !/�.U�,os�• °�1J
CITY CLERK City Attorney
Ordinance No. 12 -4506
Page 2
It was moved by Payne and seconded by Mims that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x_ Throgmorton
First Consideration 11111/2012
Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration 11/27/2012
Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Date published 12/13/2012
14
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
ORDINANCE NO.
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THAT AREA
ADDED TO THE CITY- UNIVERSITY PROJECT 1 URBAN RENEWAL AREA
PURSUANT TO THE TENTH AMENDMENT THERETO IN THE CITY OF IOWA CITY,
COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE
STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY
COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A
SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS,
REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 12 -459 passed and
approved on the 23rd day of October, 2012, adopted Amendment #10 to the City -
University Project 1 Urban Renewal Plan (the "Urban Renewal Plan ") for an urban
renewal area known as the City- University Project 1 Urban Renewal Area, (the "Urban
Renewal Area "), which added the area legally described as follows:
Beginning at the NW corner of Outlot 26, Original Town Subdivision; Thence
south along the eastern R.O.W. line of Van Buren Street to where said R.O.W.
ends at a point along the western boundary of Block 8, Lyon's 2nd Addition;
Thence northwesterly along R.O.W. line to a point on the north R.O.W. line of the
Iowa Interstate Railroad south of block 1, Lyon's 1St Addition; Thence
southwesterly to the south R.O.W. line of the Iowa Interstate Railroad north of
block 3, Lyon's 1 St Addition; Thence southeasterly along the south Railroad
R.O.W. to the eastern boundary of Van Buren Street south of the Railroad;
Thence along said eastern boundary of Van Buren. Street to the north right -of-
way line of Kirkwood Avenue; Thence east to a point 11' west of the extended
NE corner of lot 3, block 6, F.S. & E.W. Lucas Addition; Continuing south to a
point 126', more or less, south of the R.O.W. line of the E -W alley west of Diana
Street and south of lots 1, 2, and 3, block 6, R.S. Lucas Addition; Thence
westerly to a point on the east R.O.W. line of the N -S alley west of lots 4 & 5,
block 6, R.S. Lucas Addition; Crossing the alley to the west R.O.W. line of said
alley, continue south 7.5', more or less, to the NE corner of lot 30, Highland Park
Addition; Thence westerly to the NW corner of lot 31, Highland Park Addition;
Thence southerly to the SW corner of said Lot 31; Crossing Highland Ct. to the
NE corner of Lot 15 Highland Park Addition; Thence southerly to the SE corner of
Lot 9 Highland Park Addition; Crossing Highland Ave. to the south R.O.W. line;
Thence westerly along said south R.O.W. line to where it meets the Crandic
Railroad; Thence south along the Crandic Railroad to the south R.O.W. line of
Highway 6; Thence west along the south R.O.W. line of Highway 6 to the eastern
bank of the Iowa River; Thence southerly following said eastern bank of the river
to a point where the river bank meets the extended southern line of Sturgis Ferry
Park; Thence westerly to the SW corner of Sturgis Ferry Park; Thence continuing
westerly to the west R.O.W. line of Riverside Drive; Thence northerly along said
west R.O.W. line to the centerline of Highway 6; Thence easterly along said
centerline to the western bank of the Iowa River; Thence following the western
bank of the Iowa River to the centerline of Myrtle Street extended to the Iowa
River; Thence west to the west R.O.W. line of Riverside Drive /State Highway 1;
Thence northerly along said highway R.O.W. to the north R.O.W. line of
Burlington Street; Thence east to the east bank of the Iowa River; Thence south
to the south R.O.W. line of Court Street; Thence easterly along the south R.O.W.
line of Court Street to the west R.O.W. line of Maiden Lane; Thence south along
said west R.O.W. line to Ralston Creek; Thence southwesterly along the creek to
the south R.O.W. line of Prentiss Street; Thence east along said south R.O.W.
line to the west R.O.W. line of Gilbert Street; Thence south along said west
R.O.W. line to a point where it meets the extended centerline of Bowery Street;
Thence easterly to a point where the centerline of Bowery Street meets the
extended east R.O.W. line of Gilbert Street; Thence north along said east R.O.W.
line to the northwest corner of Lot 1 Lyman Cooks Subdivision of Outlot 25;
Thence east along the south R.O.W. line of Burlington Street to the point of
beginning. Also including Lots 5 and 6 in Block 43, Original Town, and the alley
and full width of the College Street right -of -way adjacent thereto.
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City of Iowa City, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for
the division of revenue from taxation in that portion of the Urban Renewal Area added
pursuant to the Tenth Amendment, as above described and hereafter referred to as
"2012 Amended Area ", in accordance with the provisions of Section 403.19 of the Code
of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the 2012 Amended
Area legally described in the preamble hereof, by and for the benefit of the State of Iowa,
City of Iowa City, County of Johnson, Iowa City Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as
hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the 2012 Amended Area, as shown on
the assessment roll as of January 1, 2011, pursuant to Iowa Code Section 403.19(1)(b),
shall be allocated to and when collected be paid into the fund for the respective taxing
district as taxes by or for the taxing district into which all other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, grants, rebates, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code
of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the Urban Renewal Area, as
amended, pursuant to the Urban Renewal Plan, as amended, except that taxes for the
payment of bonds and interest of each taxing district shall be collected against all
taxable property within the Urban Renewal Area, as amended, without any limitation as
hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the 2012 Amended Area exceeds the total assessed value of the taxable property in the
2012 Amended Area as shown by the last equalized assessment roll referred to in
Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable
property in the 2012 Amended Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the 2012
Amended Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes from property within the 2012
Amended Area as described above. In the event that any provision of this Ordinance
shall be determined to be contrary to law, it shall not affect other provisions or
application of the Ordinance which shall at all times be construed to fully invoke the
provision of Section 403.19 of the Code of Iowa with reference to the 2012 Amended
Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
App .oved by J/
cc �'ozr�
City Attorneys Office , V2 / /�z
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 11/27/2012
Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration 12/4/2012
Vote forpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published
r --
�= - CITY OF IOWA CITY 15
MEMORANDUM
Date: November 29, 2012
To: Mayor and City Council
From: Marian K. Karr, City Clerk,
Re: Proposed Changes to City Code Relating to Taxicabs
At your November 27 a number of issues were presented by taxi owners and drivers during first
consideration of an ordinance. Many of the changes were a result of a meeting held with
companies on October 31. A summary of that meeting and cover memo were discussed at your
November 13 work session and are attached.
The proposed ordinance deals with seven areas primarily:
1. Color scheme
2. Dispatch office in Iowa City or Coralville city limits
3. Providing flexibility for dispatching for another location between midnight and 6 a.m.
4. New company start -ups only at renewal time
5. Vehicle lettering
6. Driver Identification
7. Change in annual renewal time
Items 1, 2, 3, 5 and 6 were unanimously requested by the companies present. There was
consensus of those present to also request consideration of 4 and 7.
The ordinance regulates taxi companies only, and a company is required to have four vehicles.
Owner /operators with less than 4 vehicles are prohibited unless permitted under an existing
company.
One change has been made since first consideration regarding the location of the driver
identification card and allows the company flexibility to locate the driver identification
prominently in a location visible to all passengers.
I have redlined proposed changes in the attached ordinance for reference.
S:taxi /memo 120412
CITY OF IOWA CITY
MEMORANDUM
Date: November 7, 2012
To: Mayor & City Council .
From: Marian K. Karr, City Clerk
Re: Meeting with Taxi Company Owners
Introduction:
The City Clerk's office currently licenses 14 companies and 148 vehicles.
Background:
The City Clerk's office has received a number of complaints from companies regarding the
proliferation of taxi companies and vehicles especially during the peak football season. "Gypsy"
vehicles are harder to spot when the City is busy and other tasks take priority for the Police
Department.
Owners have contacted staff repeatedly, as well as individual Council Members regarding better
enforcement, and a commitment on the part of the City to companies that do follow the rules.
All 14 companies were invited to a meeting on October 31 to discuss possible changes for the
next licensing year. Companies could attend the meeting and /or provide a written statement
concerning changes.
Six letters were received and discussed at the October 31 meeting and will be accepted on the
November 13 consent calendar. A summary of the meeting is attached.
Recommendation:
Staff is prepared to proceed with item # 1 -7 with Council concurrence for the November 27
agenda. However, staff would like direction form Council on item # 8. Police and
Transportation Services will pursue items 9 & 10. In addition staff would like to initiate a
passenger feedback form that would be available in every licensed taxi vehicle to allow a quick
way to report a problem or acknowledge service; and to require a second re- inspection for any
vehicle removed from company insurance and asking to be re- instated. Passage of the
changes would become effective with the 2013 licensing year.
cc: Tom Markus
Sue Dulek
Chris O'Brien
Sam Hargadine
Chris Akers
14 Taxi Companies
s /taxi:memo1112.doc
Taxi Cab Company Meeting
10/31/12
TAXI CAB COMPANY MEETING
OCTOBER 31, 2012
3:30 p.m.
Owners Present:
Adil Adams - American Taxi Cab
David Tiet — Big Ten — Aardvark Taxi Cab
Mohamed Hassanein - Five Stars Taxi
Maisara Abdelrazig, Ali Ahmed - Jowan Taxi Cab
Hany Hamza - Red Line Cab
Mark Patemo - Marco's Taxi
Roger Bradley - Yellow Cab
Others Present:
Dennis Doderer, Independent driver for Red Line Cab
Page 1 of 3
Staff present:
City Attorney's office — Asst. City Atty. Sue Dulek
City Clerk's office — Deputy City Clerk Julie Voparil and City Clerk Marian Karr
Police Department — Sgt. Chris Akers and Chief Sam Hargadine
Transportation Services — Director Chris O'Brien
City Clerk Karr stated the purpose of the meeting was in response to a number of owners
asking for changes for the upcoming year. A letter was sent to owners of the 14
companies asking them to provide input by attending the meeting and/or providing
written comments. A summary of the suggestions follows.
1. COLOR SCHEME - Unanimously agreed to re- instate color scheme.
➢ Will allow easier identification of cab companies
➢ Safety issue
➢ Same configuration of colors (pattern) for each company
➢ All vehicles for a company would need to have same distinct color scheme
➢ More professional, cleaner look
➢ More investment into company appearance
➢ Would not prohibit same colors from being used again but require distinctive
appearance
2. DISPATCH OFFICE - Unanimously agreed for dispatch offices to be located
in Iowa City or Coralville.
➢ Important to do business in the community, the office should be in the
community
➢ Better accessibility should problems arise
➢ More availability for inspections by Police
➢ Does not preclude an office being located in residential area but will require
sign off by Inspection Services to ensure cars are not stored in residential area
C(OPY Taxi Cab Company Meeting
10/31/12
Page 2 of 3
3. DISPATCH OFFICE - Unanimously requested clarification and flexibility in
dispatching from office 24/7.
➢ All agreed with requirement of 24/7 service
➢ All agreed no dispatching from the car
➢ Many noted that drivers receive calls from preferred consumers on their cell
phones but are not dispatched
➢ Would like ability to dispatch from home as long as phone is answered 24/7
➢ All dispatching should be done from the office allowing flexibility between
midnight and 6AM (but all calls must be answered)
4. NEW CAB COMPANIES ONLY AT ANNUAL RENEWAL TIME -
Consensus that new cab companies could start only at annual renewal time
(and not any time during the year).
➢ Established companies adversely affected when companies come in for
seasonal events
➢ Established companies invested in year round business
➢ Established companies could expand if needed knowing the total companies
for the year
5. VEHICLE LETTERING - Unanimously agreed that the phone number on
outside of all company cabs should ALWAYS be the same number listed for
dispatch office and on rate card.)
6. DRIVER IDENTIFICATION — Unanimously agreed to alternate ID
➢ clipped or attached "badge" to dashboard so persons in back of cab can
see it (not on person as Code currently states).
7. CHANGE ANNUAL RENEWAL TIME - Consensus that annual renewal be
changed from March 1 to June 1.
➢ March 1 is busy with time for City equipment inspections and companies for
inspections given weather conditions
➢ Changing to later would miss busy time of taxi operating year
➢ Cedar Rapids renewal is July 1 and could eliminate duplicating efforts of
inspections
8. NUMBER OF VEHICLES PER COMPANY - Consensus for limiting
number of vehicles added to each company per year,
➢ Suggested: Controlling by letting company add no new vehicles during the
cab year unless they are replacing.
➢ Suggested: Controlling by letting companies increase by 50 percentage of
what they start out with at annual renewal.
Note: A minimal amount of growth should be allowed for licensed companies during the
year. No agreement was reached on providing that growth flexibility.
PY( Taxi Cab Company Meeting
�+ 10/31/12
Page 3 of 3
9. ENFORCEMENT WITH FINES - Unanimously agreed that taxi code
violations should have consequences; should be fined.
10. PARKING OF CABS DOWNTOWN IN LOADING ZONES AND IN THE
MIDDLE OF THE STREET — Unanimously agreed to provide alternatives
to provide safety to passengers and vehicles.
➢ City staff hope to have solutions presented in January
MISCELLANEOUS:
Insurance rates are too high.
Small business loans for starting a company.
Quarterly meetings with cab companies and staff.
Have a designated person for complaints.
Education (classes) for persons and students including a "hotline" so someone can call
and immediately report a taxi violation (overcharge of fares are a main concern), so
immediate action can be taken.
INDEPENDENT TAXI DRIVERS:
Too much emphasis put on companies ignoring rights of independent owners of vehicles
driving under company name.
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 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED
"TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY
A COMPANY; REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR
CORALVILLE AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT
NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE RE VEHICLE
LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED IN THE VEHICLE
FACING THE PASSENGERS.
WHEREAS, City Code section 5 -1 establishes application, issuance and revocation provisions, and
5 -2 establishes regulations for taxicabs and drivers; and
WHEREAS, taxi companies have approached the City for changes to improve the appearance and
safety of the taxicabs and to provide licenses be issued only once per year;
WHEREAS, the City Council wishes to improve and clarify procedures for operating a taxicab
business within the City of Iowa City;
WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs ".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 5, entitled 'Business and License Regulations," Chapter 2, entitled 'Taxicabs' is hereby amended by
deleting the following subsections in their entirety and adding new subsections as follows:
5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS
A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City
Clerk by May 1 on forms provided by the City, which shall be verified and shall furnish the following
information:
1. The name and address of each person with an ownership interest in the company wishing to
operate a taxicab business.
2. The experience of the applicant in the transportation of passengers.
3. The record of convictions of misdemeanors and /or felonies, including moving and nonmoving traffic
violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for
each person identified in subsection Al of this section.
4. The signature of all persons with an ownership interest in the business.
5. Such pertinent information as the City may require.
B. Minimum Qualifications: Each taxicab business shall meet the following minimum requirements
1. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a 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 midnight and 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.
2. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4)
qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times.
All taxicabs must comply with the vehicle requirements of this chapter.
3. Provide a certificate of liability insurance in accordance with this chapter
Ordinance No.
Page 2
4. Meet all applicable zoning ordinance regulations and all other city regulations.
5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to
the city upon request.
6. Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a
distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicles as a
taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color
scheme and pattern.
7. Each taxicab must prominently display the passenger feedback form provided by the City, and
return any completed cards to the city clerk.
5 -2 -3: LIABILITY INSURANCE REQUIREMENTS.
A. Requirements:
1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with
the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be
executed by a company authorized to do insurance business in this state and be acceptable to the
city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles.
2. The taxicab business shall insure each driver.
3. The minimum limits of the taxicab business policy and the individual driver's policy shall be
determined by city council resolution.
4. The cancellation or other termination of any insurance policy or certificate shall automatically
revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such
insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at
the time of such cancellation or termination. The city clerk shall immediately issue written notification
of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance
which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance
of business licenses and decals will be in accordance with the terms of this Chapter and at the
applicant's expense.
5. The cancellation or other termination of any insurance coverage for any single vehicle shall require
the decal to be returned to the city clerk and a re- inspection of that vehicle will be required prior to the
issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue
written notification of the vehicle cancellation to the taxicab business.
6 -2 -6: DRIVER REQUIREMENTS:
D. Each driver, while operating a taxicab in the city, shall prominently display an identification card
provided by the taxicab business showing the full name of the driver and the taxicab business. The card
must be prominently displayed and visible to all passenger seats, and be at least eight and one -half
inches (8'/) in width and five and one -half inches (5' /z ) in height.
6 -2 -8: VEHICLE REQUIREMENTS:
A. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the
vehicle in letters at least two inches (2 ") in height. Pedicabs and horse drawn vehicles may use lettering
smaller than two inches (2 "). Removable signs 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.
B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the
exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and
back of the vehicle. 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
Ordinance No.
Page 3
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. Airport shuttles are exempt
from the lighted dome requirements.
5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS:
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. A license that will expire on February 28,
2013 shall be extended to May 31, 2013.
B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining
period of chauffeur's license if under one year.
C. Decals shall be valid for one year. They shall commence on June 1 or the date of issuance and shall
expire on May 31. A decal that will expire on February 28, 2013 shall be extended to May 31, 2013.
D. Renewals shall follow the same procedure asset for initial issuance.
E. Fees for licenses and decals shall be set by resolution of the City Council.
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. With the exception of 5 -2 -10 which is effective upon publication, this
Ordinance shall be in effect May 1, 2013.
Passed and approved this _ day of 2012.
MAYOR
ATTEST:
CITY CLERK
Approved by City Attorney's Office
Y ^S
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 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED
"TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY
A COMPANY; REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR
CORALVILLE AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT
NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE
REGARDING VEHICLE LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED
IN THE VEHICLE FACING THE PASSENGERS.
WHEREAS, City Code section 5 -1 establishes application, issuance and revocation provisions, and
5 -2 establishes regulations for taxicabs and drivers; and
WHEREAS, taxi companies have approached the City for changes to improve the appearance and
safety of the taxicabs and to provide licenses be issued only once per year;
WHEREAS, the City Council wishes to improve and clarify procedures for operating a taxicab
business within the City of Iowa City;
WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs ".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by
deleting the following subsections in their entirety and adding new subsections as follows:
5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS
A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City
Clerk by May 1 on forms provided by the City, which shall be verified and shall furnish the following
information:
1. The name and address of each person with an ownership interest in the company wishing to
operate a taxicab business.
2. The experience of the applicant in the transportation of passengers.
3. The record of convictions of misdemeanors and /or felonies, including moving and nonmoving traffic
violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for
each person identified in subsection Al of this section.
4. The signature of all persons with an ownership interest in the business.
5. Such pertinent information as the City may require.
B. Minimum Qualifications: Each taxicab business shall meet the following minimum requirements:
1. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a 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 midnight and 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.
2. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4)
qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times.
All taxicabs must comply with the vehicle requirements of this chapter.
3. Provide a certificate of liability insurance in accordance with this chapter.
Ordinance No.
Page 3
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. Airport shuttles are exempt
from the lighted dome requirements.
5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS:
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. A license that will expire on February 28,
2013 shall be extended to May 31, 2013.
B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining
period of chauffeur's license if under one year.
C. Decals shall be valid for one year. They shall commence on June 1 or the date of issuance and shall
expire on May 31. A decal that will expire on February 28, 2013 shall be extended to May 31, 2013.
D. Renewals shall follow the same procedure as set for initial issuance.
E. Fees for licenses and decals shall be set by resolution of the City Council.
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. With the exception of 5 -2 -10 which is effective upon publication, this
Ordinance shall be in effect May 1, 2013.
Passed and approved this day of 2012.
MAYOR
ATTEST:
CITY CLERK
Approv �b tt c Of irC , a
Ordinance No.
Page 2
4. Meet all applicable zoning ordinance regulations and all other city regulations.
5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to
the city upon request.
6. Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a
distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicles as a
taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color
scheme and pattern.
7. Each taxicab must prominently display the passenger feedback form provided by the City, and
return any completed cards to the city clerk.
5 -2 -3: LIABILITY INSURANCE REQUIREMENTS.
A. Requirements:
1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with
the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be
executed by a company authorized to do insurance business in this state and be acceptable to the
city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles.
2. The taxicab business shall insure each driver.
3. The minimum limits of the taxicab business policy and the individual driver's policy shall be
determined by city council resolution.
4. The cancellation or other termination of any insurance policy or certificate shall automatically
revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such
insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at
the time of such cancellation or termination. The city clerk shall immediately issue written notification
of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance
which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance
of business licenses and decals will be in accordance with the terms of this Chapter and at the
applicant's expense.
5. The cancellation or other termination of any insurance coverage for any single vehicle shall require
the decal to be returned to the city clerk and a re- inspection of that vehicle will be required prior to the
issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue
written notification of the vehicle cancellation to the taxicab business.
5 -2 -6: DRIVER REQUIREMENTS:
D. Each driver, while operating a taxicab in the city, shall prominently display an identification card
provided by the taxicab business showing the full name of the driver and the taxicab business. The card .
must be prominently displayed and visible to all passenger seats, and be at least eight and one -half
inches (8'/) in width and five and one -half inches (5 Y ) in height.
5 -2 -8: VEHICLE REQUIREMENTS:
A. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the
vehicle in letters at least two inches (2 ") in height. Pedicabs and horse drawn vehicles may use lettering
smaller than two inches (2 "). Removable signs 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.
B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the
exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and
back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three
inches (12"x 1"x3"). In the event the city equipment superintendent or designee determines that the
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 11/27/2012
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: NSne. ABSENT: Nbne.
Second Consideration 12/4/2012
Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne.
NAYS: Throgmorton. ABSENT: None.
Date published
Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240;
ORDINANCE NO.
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
C,eHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" ND CHAPTER 2, ENTITLED
ICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME F R ALL VEHICLES DRIVEN BY
A C ANY; REQUIRE LOCATION OF A DISPATCH OF CE TO BE IN IOWA CITY OR
CORAL E AND ALLOW FLEXIBILITY FOR DISPATCHI FROM THE OFFf TRICT
NEW COMP IES TO STARTING JUNE 1 OF EACH YEAR; LARIFY LANGUA E R HICLE �-
LETTERING, A REQUIRE DRIVER IDENTIFICATION O BE POSTED IN HICLE
FACING THE PAS NGERS.
WHEREAS, City Co section 5 -1 establishes applicat' n, issuance and revocation provisions, and
5 -2 establishes regulations r taxicabs and drivers; and
WHEREAS, taxi compan\Cit-
WHEREAS, proached the Ci for changes to improve the appearance and
safety of the taxicabs and to ses be issued ly once per year;
WHEREAS, the City Coes to improve and clarify procedures for operating a taxicab
business within the City of IoS, it is in the bef the City to dopt new r egulations for "taxicabs ".
NOW, THEREFORE, BE ED BY TH CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 5, entitled "Business and License RE
deleting the following subsections in their
5 -2 -2: TAXICAB BUSINESS LICENSE;
A. APPLICATION: Each applicant for a t;
Clerk by May 1 on forms provided by the
information:
" Chapter 2, entitled "Taxicabs" is hereby amended by
nd adding new subsections as follows:
DECALS
I business license shall file an application with the City
hich shall be verified and shall furnish the following
1. The name and address of each�erson withNan ownership interest in the company wishing to
operate a taxicab business.
2. The experience of the applicant n the transportatio of passengers.
3. The record of convictions of sdemeanors and /or fel ies, including moving and nonmoving traffic
violations, and certified state Iowa criminal history an certified state of Iowa driver's record for
each person identified in subs ction Al of this section.
4. The signature of all pFach s with an ownership interest in t %business.
5. Such pertinent informas the City may require.
B. Minimum Qualifications: taxicab bu siness shall meet the g minimum requirements:
1. Except for pedicab ,horsedrawn vehicles, and airport shuttles, provide a taxicab service to the
public twenty -four (24) ho rs a day, seven (7) days a week, and have a bu 'ness office located in Iowa
City or Coralville city litbeen . No dispatching shall be done from a vehicle. , ispatching shall be done
from the office except the hours of midnight and 6:00 a.m. The teleph a number listed on the
application must be an ed twenty -four (24) hours a day, seven (7) days a week.
2. Except for pecycabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4)
qualified licensed to icab vehicles of which a minimum of one vehicle shall be in operation at all times.
All taxicabs must coMply with the vehicle requirements of this chapter.
3. Provide a certificate of liability insurance in accordance with this chapter.
hl_4 '
Marian Karr
From: Chris John <iowacitycab @yahoo.com>
Sent: Monday, December 03, 2012 1:34 PM
To: Sue Dulek
Cc: Matt Hayek; Council
Subject: Re: Taxi dispatching rules illegal?
Mrs. Dulek,
Thank you for your reply. I believe that the state law indeed does cover dispatching from a taxi because making
a cell phone call is all that dispatching from a taxi includes. Quite simply, mobile dispatching = cellphone call
from taxi to taxi or taxi to customer. That's it.
A call comes in on a cell phone to a taxi driver. The driver goes to the customer location and makes a cell phone
call to let the customer know that the taxi is outside. That is the entirety of 'mobile dispatching' and any
law with the intent of restricting such cell phone calls seems to fly in the face of the state law.
There seems to be some public misinformation being tossed about by managers and owners of the larger
companies in regards to this matter. Mobile dispatching is simply a cell phone call. It is no different than
anyone else making a call from their motor vehicle while driving. Why cannot taxi owner- operators make
perfectly legal calls from taxi to taxi or from taxi to customer?
Centralized dispatch is a technologically outdated idea and is in fact a lot less safe than hands -free cell phone
dispatching. Centralized dispatch requires the taxi driver to unholster and re- holster a cumbersome corded radio
while driving. Many times I have had that cord tangle around the steering wheel while trying to talk to the
dispatcher who is yelling over the radio. The requirement of a central line is in effect the criminalization of cell
phone usage. Such was even the stated public language of company managers and city officials. The latter of
which I do not blame for they did not know what mobile dispatching actually is. You are saying that taxi drivers
and taxi owner- operators cannot do business by cellphone. Even without the state law, the city regulation makes
no sense and only serves as a tool for monopolization by the big two companies.
In addition, the required fleet of 4 cabs cannot bring in enough income to support the labor and rent costs of
a 24 -7 centralized dispatch. These regulations are being put forth at the request of Yellow Cab and Marcos and
are meeting little resistance because many of the smaller companies are owned by foreigners and some
members of the city do not understand the taxi industry. Many of the new and existing regulations are
discriminatory and anti - competitive with no actual evidence of impact on safety, beauty or professionalism. All
that they do is increase costs for legit owner- operators and small companies and have zero or negative effects on
the safety of the customer and integrity of the city. In the taxi industry, it is large fleet companies versus small
owner- operated companies. Really, the city is going to make already outdated and rusty taxis get a cheap spray
paint job, in the name of safety and professionalism?
If you want to even the playing field and make things more safe for everyone, ditch the cumbersome and anti-
competitive regulations in favor of requiring that taxis be no older than 12 model years and bump up the city
inspections to twice a year. That would clean up the taxi industry and make it a whole lot more safe for
everyone.
Chris Cutkomp
iowaci1ycabk4yahoo.com
From: Sue Dulek <Sue -Dulek @iowa - city.org>
To: "'iowacitycab @yahoo.com "' <iowacitycab @yahoo.com>
Cc: Council < Council- @iowa- city.org >; Marian Karr < Marian- Karr @iowa- city.org >; Eleanor M. Dilkes <Eleanor -
Dilkes @iowa- city.org >; Tom Markus <Tom- Markus @iowa - city.org>
Sent: Monday, December 3, 2012 9:57 AM
Subject: FW: Taxi dispatching rules illegal?
Mr. Cutkomp:
Your email was forwarded tome. Section 321.238 was enacted in 2010 as part of HF 2456, which was the bill
to regulate cell phone usage and texting while driving. Because some local communities had ordinances
regulating cells phone usage and texting at the time of the passage of this legislation, Section 321.239 was
included to clarify that local governments could not regulate these activities.
The "taxi ordinance" on the City Council agenda for Dec. 4 does not come within Section 321.238. The
ordinance prohibits dispatching from a vehicle. It does not prohibit a taxi driver from using a cell phone while
operating a cab or in any way limit his or her ability to do so.
I do want to add that the current City Code (Section 5 -2 -213 1) already requires central dispatching ( "All
dispatching shall be done from the office. ") The proposed ordinance amends this provision in two ways. First,
the current code requirement that provides all dispatching must be done from the office is being relaxed to allow
dispatching from a site other than the office from midnight to 6:00 am. This proposed change is the result of the
meeting City staff had with the cab company owners /representatives. Second, the relaxation in dispatching
from the office from midnight to 6:00 am does not mean that dispatching may occur from a vehicle during those
hours. Language that prohibits dispatching from a vehicle has been proposed to eliminate any question
whether dispatching may occur from a vehicle during the hours from midnight to 6:00 am.
Susan Dulek
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319 - 356 -5030
319 - 356 -5008 Fax
sue- dulek@iowa- city.org
Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's
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addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you.
From: Chris John [iowacitycab @yahoo.com]
Sent: Friday, November 30, 2012 5:32 PM
To: Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim Throgmorton
Cc: Council
Subject: Taxi dispatching rules illegal?
Hello,
My name is Chris Cutkomp, an owner- operator with Big Ten Taxi in Iowa City. I have some concerns
regarding the legality of the centralized dispatching ordinance in Iowa City. The central dispatch
requirement seems to contradict state law.
From the Iowa State Code:
321.238 Use of electronic devices while driving — preemption of local legislation.
The provisions of this chanter restricting the use of electronic communication devices and electronic
entertainment devices by motor vehicle operators shall be implemented uniformly throughout the state. Such
provisions shall preempt any county or municipal ordinance regarding the use of an electronic communication
device or electronic entertainment device by a motor vehicle operator. In addition, a county or municipality
shall not adopt or continue in effect an ordinance regarding the use of an electronic communication device or
electronic entertainment device by a motor vehicle operator.
------------------------------------------- - - - - --
A local law requiring the use of a central dispatch, thus eliminating a mobile dispatch, flies directly in the face
of state law. Since it is illegal to make mobile dispatching(a cell phone call) illegal, the requirement for a
centralized dispatch 24/7 is, at the very least, an anti - competitive measure by larger companies meant to inflict
oppressive expenses onto smaller companies, with little regard for law or personal rights.
Thank you and have a great day.
Chris Cutkomp
iowacitpcab gyahoo.com
319 - 400 -0277
is-
Marian Karr
From: Chris John <iowacitycab @yahoo.com>
Sent: Monday, December 03, 2012 3:33 PM
To: Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim Throgmorton;
Council
Subject: Taxi color- scheme not the right move
Greetings,
I would like to speak to you for a minute about the proposed new color- scheme requirement for Iowa City taxi
companies.
I have been fully entrenched in the Iowa City taxi industry for over 4 years. I started out in this industry with
nothing. It was not always easy but I found that I love the work and the industry as a whole. While growing up I
was always the designated driver for my friends so the work came naturally to me. I also love working
overnight. The city is so awesome when the streets aren't clogged with traffic.
It took a while but now I have my very own taxi. I am an licensed owner- operator with Big Ten Taxi in Iowa
City. I have a 2009 Chrysler Town and Country with 62000 miles on it. Navy blue. I worked hard for years to
build up a steady customer base so that I could get my own taxi and have successfully done so. My customers
expect premium, personalized service in a clean luxury taxi and I try to exceed those expectations. I operate
almost solely on personal calls with the occasional random person flagging me down on the streets. I have not
received a dispatch call in 3 years nor do I want to get those calls.
Now the possibility exists that I will be forced by law to trash up my new taxi with a tacky aftermarket color -
scheme that will devalue my equipment and possibly cause me to lose some of my customer base. I beg of you
to reconsider the color- scheme requirement issue and to vote it down. Customer safety and professionalism are
indeed issues that need to be addressed in the local taxi industry, but a required color- scheme is not an effective
solution. Many of the taxis on the streets are very old and have very outdated safety features. Many of them
have been in multiple collisions and have rusted out bodies. It does not matter what kind of color- scheme you
put onto it, that taxi is still going to be ugly and unsafe. I know for a fact that many of the cabs will simply
spray paint their taxi the same color -- imagine that after a few Iowa winters. A color- scheme requirement will
only junk up the very streets that some intended to make more clean.
The color of a taxi is also not going to make the driver any more or less professional. The color of a taxi is not
going to increase driver accountability for price - gouging, especially when the police show up and always make
the customer pay the taxi driver who is running the illegal meter rates, as I have seen happen time and time
again.
So, what can we do to clean up the taxi industry and make it more safe for everyone involved? I have done a lot
of research to see what other cities are doing and to see what makes logical sense to increase the safety and
integrity of the industry. I have come up with a few simple solutions that would accomplish both goals.
- In place of a color - scheme requirement for all companies, simply put in a requirement that no two companies
can have the exact same color- scheme. For example, Marcos can't suddenly paint their cabs exactly like Yellow
Cab. That protects the integrity of their brand and that is an understandable concern.
- Next, in order to raise the standard of safety for taxis in Iowa City, require that taxis be no more than 12 model
years old. This ensures that taxis have at least somewhat up -to -date safety precautions and would increase the
overall safety of the industry for everyone. This would eliminate many unsafe pirate ships currently sailing in
the seas of Iowa City.
- Inspect every taxi at least twice per year at the owners expense. I know for a fact that cheating is done to pass
inspections in the spring and that dozens of cabs on the streets have major safety issues by fall that they cannot
afford to get fixed at the time so they put it off because nobody inspects the taxi again until the next spring.
I hope that you will consider my suggestions and vote down the currently proposed regulations for the taxi
industry and instead go back to the drawing board and put into law some logical, effective solutions to the
problems at hand. I believe that the maximum age requirement for taxis and increased safety inspections are the
way to go in terms of maximizing the safety of the industry and protecting the integrity of the city. I believe that
protecting color- schemes like Yellow and Marcos is a much better way to go than requiring every company to
have a color scheme. The main concerns in the industry are safety and professionalism and a coat of paint has
no effect on those things.
Please get back to me with any questions or concerns regarding my comments. Thank you and have a great day.
Chris Cutkomp
iowacitycabgyahoo.com
/19-
Marian Karr
From:
Chris John <iowacitycab @yahoo.com>
Sent:
Tuesday, December 04, 2012 4:29 AM
To:
Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim Throgmorton;
Council
Cc:
Ihermiston @press - citizen.com
Subject:
Info regarding taxi regulations
Greetings,
Let's make some changes in the taxi industry that create a more safe and professional atmosphere while
preserving employment and equal opportunity for the smaller companies and owner- operators within those
companies. Overall, the Iowa City taxi industry does a tremendous job of meeting the unique challenges
presented by a wide range of customer needs. However, we all seem to agree that safety, professionalism and
price - gouging are areas in which the industry could use some positive changes.
So we must stop and ask ourselves, do the proposed new regulations actually serve to make the taxi industry
more safe, more professional and make customers less susceptible to price - gouging? I believe that the answer is
a resounding No'.
Let me start with the proposed color scheme requirement. Does a required color scheme make a taxi more safe?
No. Old taxis with outdated safety features and deteriorating bodies are still going to be just as unsafe and
perhaps even uglier with a fresh coat of Wal -mart spray paint on them. That is what many of the cabs will do.
Unless all cabs are required to be cream- colored, cream is scientifically determined to be the most safe car
color, a safety argument for a required color- scheme cannot logically be made.
Does a required color scheme make a driver or company more professional? No. Bad drivers are bad drivers no
matter what color the outside of the taxi is painted. Unprofessional companies remain unprofessional no matter
what color the taxi is painted. Several companies with color schemes are already on the brink of failing because
of unprofessional drivers and poor vehicles. I do believe, however, that if a new company chooses to have a
color scheme for its vehicles then it should not be able to exactly replicate an existing company's color scheme.
Does a required color scheme make customers less likely to be overcharged? No. The issue of price gouging
starts and ends inside of the taxi. Price gouging is solely a driver and meter issue. Some company owners and
drivers, after spring inspection, rig a hot meter than runs on rates much higher than those posted in the cab.
Unfortunately, I have seen many times where the police have been called to such a situation and have made the
customer pay to the driver the illegally high rate. People within the industry know who tends to rip people off. It
is about an even mix of color schemed and non -color schemed taxis. The only way to effectively fight price
gouging is to increase inspection of the meter and educate police on how to spot a "hot meter" or other forms of
illegally high pricing.
What a required color scheme for taxi companies does do is increase costs and eliminate individuality/brand for
already existing owner- operators within small companies who worked very hard to save up to get their own
legal taxi and would soon be forced to bear a significant expense while also devaluing their equipment with an
aftermarket paint job that was not wanted or needed. If a company wants to have a protected color scheme, fine,
but it does not make sense as a legal requirement in this market.
Next I want to talk about how our taxi regulations do not take into account developments in technology in
regards to safety and dispatching. While it makes complete sense to require a company to have an office of
some sort, the requirement for 24 -7 central dispatch from a landline, as well as the provisions surrounding it
which make mobile dispatching illegal, are in fact technologically outdated, unsafe and extremely anti-
competitive to small companies and their owner- operators. Recent technology allows for customers to find
drivers closest to them by just a touch of a button on their phones. Recent technology allows for drivers to build
up a customer base using only a cellphone and some ambition. Recent city regulations in the taxi industry
attempt to take taxi technology and progress back to the 1950's. I have not received a dispatch call in 3 years nor
do I want a dispatch call. Proposed and existing central dispatch regulations just put the noose around the next
of the small taxi company that has not broken any laws and provides excellent personalized customer service to
a sector of the market that demands such service. Google and cellphones allow a small business taxi operator to
unwrap the cords from around their neck, so to speak.
Central dispatching currently requires the use of a corded handheld radio and in limited cases a touchscreen
computer. One requires a driver to unharness and reharness a cumbersome corded radio. The other requires a
driver to punch text onto a computer screen. Both of those things are as much as a safety hazard, if not more,
than a cell phone call. There is a state law against texting while driving. There is state law saying that cities
cannot make laws against talking on cell phones other than what is already outlined in the state law against
texting. Central dispatching is not a safety issue. Central dispatching is not a professionalism issue.
The requirement of 24/7 central dispatching and the ban on mobile dispatching, especially when coupled with
the illogical color scheme requirement, is nothing less than putting the small fish on a hook for the big fish to
swallow. Plain and simple. From a safety, beauty, professional and technology standpoint, the city regulations
are a huge step backwards for positive progress in the taxi market.
Please vote down the proposed new taxi regulations and let's create some effective changes that will actually
serve to make the streets more clean and more safe.
For example, as so many cities across the United States and world have done, require that taxis be no older than
10 -12 model years. This measure would ensure that taxis are equipped with at least somewhat up -to -date safety
and environmental features. This would be way more effective than a color scheme requirement.
Also, increase the meter and safety inspections from once per year to 2 -3 times per year, at the owners expense.
This would ensure that the taxis are more safe throughout the year, would cut down on the amount of cheating
that can be done to pass inspection and, when coupled with the taxi age limit, would further serve to limit price
gouging by keeping the unsafe pirates out of the market.
Thank you for your time and have a great day.
Chris Cutkomp
iowacitycab &yahoo.com