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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 r 6�L Scale: ji 'Hill nark t i I , k A ,1 _a ;n At 0 r c r' 53. r VL -� pll;, 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 Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510 -2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney - client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the 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