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HomeMy WebLinkAbout2014-02-18 Ordinance7a Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 15: LAND SUBDIVISIONS TO REMOVE MAXIMUM DISTANCE REQUIREMENTS FOR THE PLACEMENT OF CLUSTERED MAILBOXES IN NEW SUBDIVISIONS AND ADDING GUIDELINES TO ENSURE APPROPRIATE PLACEMENT OF LARGE CONCENTRATIONS OF MAILBOXES. WHEREAS, the Subdivision Regulations currently require that mailbox clusters be located within one block or 600 feet walking distance of the residences they serve; and WHEREAS, the U.S. Post Office has indicated it will no longer support these maximum distance requirements, which may result in larger mailbox clusters; and WHEREAS, there are traffic safety and aesthetic concerns associated with large mailbox clusters that may impact individual properties adjacent to cluster sites; and WHEREAS, the proposed changes to the regulations are intended to provide flexibility to address these concerns on a case -by -case basis based on the design and density of the proposed subdivision; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Delete paragraphs 15 -3 -10B and C and replace with the following: B. Mailbox clusters serving residential developments shall be conveniently located for residents. Unless otherwise approved by the City, mailbox clusters shall be located in an outlot maintained by the homeowners association. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross heavily trafficked streets. Driveways shall be allowed no closer than twelve feet (12') from the location of a clustered mailbox as measured along the curb line of the fronting street. Mailboxes must be located in a manner that will not violate the city's intersection visibility standards. Locations and design must be approved by the City and the United States postal service. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull over lane built to city specifications. C. Mailbox clusters shall be located on a concrete pad built to city specifications. To provide for pedestrian access, a five foot (6) wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk. An accessible route shall be provided according to ADA standards for accessible design. In situations where there are a large number of mailboxes, the cluster site should be designed and located as an attractive and integrated component of the neighborhood (e.g. covering or shade structure, landscaping, setbacks, parking or vehicle access) in order to ensure that it does not detract from properties immediately adjacent to it. The cost of installation, including, but not limited to, box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be the responsibility of the homeowners association and /or the United States Postal Service. 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. Ordinance No. Page 2 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 12014. ATTEST: MAYOR CITY CLERK aa:Dv= /2 - 3 l3 City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 01/21/2014 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: Dickens. Second Consideration 02/18/2014 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published Marian Karr From: Tom Kinn <mountainman @runbox.com> Sent: Sunday, February 02, 2014 12:06 PM To: Council Subject: cluster box mail delivery FYI Customer Rights Sections 631.6 and 631.7 of the Postal Operations Manual (POM) govern conversion of mode of mail delivery. A conversion is changing from one mode of delivery to another. The most common example of this occurs when USPS solicits customers to change from receiving mail at their door to a centralized location where a number of deliveries are made into a cluster box. In such cases the customers have to go to the cluster box to retrieve their mail. As letter carriers know, these changes are often pushed without regard for the safety of the customers or the security of the mail. The relevant language from the POM is shown below followed by a brief explanation highlighting a few key points. 631.6 Conversion of Mode of Delivery In this section, conversion refers to changing existing mail delivery to a more economical and efficient mode. The key to converting existing deliveries is identifying those deliveries that are most costly to the Postal Service. Delivery managers can go into any delivery territory where delivery has been established for over 1 year and solicit to convert the mode of delivery if it would be cost beneficial to the Postal Service. Postmasters should not establish a mixed delivery area where the carrier must zigzag from the door to the curb when previously the carrier took obvious shortcuts to effect delivery. Postmasters must weigh the advantages and disadvantages of converting less than 100 percent of the deliveries. Customer signatures must be obtained prior to any conversion. In single - family housing areas (including manufactured housing and mobile homes) where the residences and lots are owned, each owner must agree to the conversion in writing. Owners who do not agree must be allowed to retain their current mode of delivery. When a residence is sold, the mode of delivery cannot be arbitrarily changed prior to the new resident moving in. The existing mode of delivery must be retained. If an owners' association represents the community, it can direct the mode of delivery for the community. In rental areas, such as apartment complexes and mobile home parks, the owner or manager can approve the conversion. The language above makes clear that property owners must sign indicating their agreement with the conversion. If property owners do not sign, they retain their current mode of delivery. Owners' associations and managers in rental areas may also control the mode of delivery. The final paragraph states that the Postal Service may not arbitrarily change the mode of delivery when a residence is sold. Marian Karr From: Sarah Walz Sent: Friday, February 14, 2014 4:27 PM To: walkersic @yahoo.com Cc: Marcia Bollinger; Council Subject: RE: Cluster mailboxes in Neighborhoods Jean, Marcia Bollinger asked me to respond to your email as I am the staff person who drafted the report on the changes to our cluster mailbox requirements. The changes currently proposed will effect new subdivisions only (not existing neighborhoods) and only those for which the U.S. Postal Service requires large numbers of mailboxes to be placed at one location. It is my understanding that individuals who are unable to collect their mail at a remote location may request delivery to their doors. Of course, USPS makes the decision as to who qualifies for home delivery and whether to provide the option at all. In other words, this is not something that is under the control of local government. Mailbox clusters have been required by USPS for most new subdivisions for several years now. In the past, small clusters were located throughout a given subdivision. More recently, the USPS has been requiring the consolidation of mailbox locations such that large numbers of boxes may be required at a single site. I believe the movement toward cluster mailboxes was initiated by Congress as a cost - saving measure. The reason we address mailbox clusters in our subdivision regulations is to ensure that mailboxes are as accessible as possible given the new USPS delivery model. That is, mailbox clusters should be located in areas that are safe and are easily reached by car as well as on foot (i.e. adjacent to sidewalks or trails, which are required to be ADA accessible). Cluster locations should be convenient to the majority of homes they serve and should not detract or overly burden any individual property due to the traffic they may generate. I wish I could offer more information with regard to longterm plans for home delivery by USPS, but much seems up in the air at this time. Let me know if you have additional questions. Sincerely, Sarah From: Marcia Bollinger Sent: Friday, February 14, 2014 10:57 AM 1 To: Sarah Walz Subject: FW: Cluster mailboxes in Neighborhoods Hi Sarah... See below. Wasn't sure if you wanted to respond to this now or not. Jean's email is walkersic@yahoo.com. Marcia From: Jean Walker [mailto:walkersic @yahoo.com] Sent: Friday, February 14, 2014 10:22 AM To: Council; Jean Walker; Marcia Bollinger Subject: Cluster mailboxes in Neighborhoods Concerning the Post Office wanting to install cluster mailboxes in neighborhoods and to discontinue house delivery, is there a provision for mail delivery for people who live alone and are house -bound - either temporarily or permanently? Thanks, Jean Walker 335 Lucon Drive Iowa City Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52246 (319) 356 -5030 ORDINANCE NO. CONSIDER AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8 -1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND TO EXTEND THE POWERS AND DUTIES OF THE FORMER POSITIONS TO THE REVISED POSITIONS WHEREAS, restructuring within the City organization to merge the Planning and Community Development and Housing and Inspections Services Department into a single Neighborhood and Development Services Department will result in name changes to departments and their department head; and WHEREAS, during the City Council's budget work session, the merger of the two departments was identified as enhancing progress toward the City Council's strategic plan goals; and WHEREAS, the City Manager recommends this ordinance amendment to accurately reflect the names of departments and the titles of said department heads within the City and to extend the powers and duties of the former positions to the revised positions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION 1. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -1, "Administrative Service Departments Organized ", shall be amended by striking "Department of planning and community development" and "Director of planning and community development ", striking "Department of housing and inspection services" and "Director of housing and inspection services ", and replacing with "Department of neighborhood and development services" and "Director of neighborhood and development services "; B. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -1, "Administrative Service Departments Organized ", shall be further amended by adding the following provision at the end Section 1 -8 -1: After March 4, 2014, any references to "Director of housing and inspection services" or "Director of planning and community development" shall mean +he "Director of neighborhood and development services ", with the latter having all the p( avers and duties granted to the former under the provisions of this code. SECTION II. REPEALER. All i rdinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repe; led. SECTION III. SEVERABILIT` . If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncom itutional, 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 C \TE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this _ _ day of 12014 MAYOR ATTEST: CITY CLERK 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: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 02/18/2014 Voteforpassage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published CITY OF IOWA CITY 1'�■2 &%'o r'w'•`oi ",::4 1 - MEMORANDUM Date: February 13, 2014 To: City Council From: Tom Markus, City Manager Re: City Staffing Plan Modifications Introduction: As discussed during the January 4, 2014 budget work session, I am requesting City Council approval on several changes to the authorized staffing plan of the City. Such changes will facilitate the merger of the Planning and Community Development Department (PCD) and the Housing and Inspections Services Department (HIS) and will allow for a merging of the Cable TV and Communications Divisions within the City Manager's Office. The merger of the PCD and HIS departments in to a Neighborhood and Development Services Department will improve internal and external communications, streamline workflow procedures, allow for more comprehensive approaches to the City Council's strategic plan priority of healthy neighborhoods, and enhance resources dedicated toward economic development. While the reorganization may lead to changes in the day -to -day activities or physical locations of individual employees' workstations, no layoffs are proposed. Along with this change, I am seeking to rename the City's Environmental Coordinator position to Sustainability Coordinator and shift the position from Public Works to the newly created Neighborhood and Development Services Department. I believe this change will better position the staff to ensure that the focus on sustainability is heightened within our organization in a manner consistent with the City Council's strategic plan. Specifically, I am seeking authorization on the following changes to the City's staffing plan in relation to this department merger: 1. Elimination of the HIS Director position (Grade 33) 2. Elimination of the PCD Director position (Grade 33) 3. Elimination of the Environmental Coordinator position (AFSCME Grade 12) 4. Creation of the Neighborhood and Development Services Director position (Grade 34) 5. Creation of the Economic Development Administrator position (Grade 32) 6. Creation of the Neighborhood Services Coordinator position (Grade 31) 7. Creation of the Development Services Coordinator position (Grade 31) 8. Creation of the Sustainability Coordinator position (AFSCME Grade 12) It is my intent to fill the Neighborhood Development Services Director and Economic Development Administrator positions by appointment. The Neighborhood Services Coordinator and Development Services Coordinator positions will be posted internally per standard city procedures. I am not seeking authorization to increase the number of City employees, and thus as the new positions are filled internally, vacated positions will be left unfilled and eventually will be eliminated from the staffing plan. There will likely be some expenses associated with these changes, however there is existing budget flexibility to accommodate such needs. Upon receiving City Council authorization, I will begin the process of filling these various positions. It is my goal to have the new department fully organized by July 1, 2014. Staff will soon be working through various office modification concepts that may be needed to accommodate the reorganization. It is possible that such changes will continue beyond the July February 13, 2014 Page 2 1St date. Any expenses associated with office reconfigurations will utilize existing budget authority or will be brought before the City Council for your approval. I am also seeking several changes to the staffing plan in the City Manager's Office. The reclassification of the Assistant to the City Manager position (Grade 31) to Assistant City Manager (Grade 34). This change reflects a continuation of the City's past practice to hire new staff into the Assistant to the City Manager position and give them an opportunity to move up to the Assistant City Manager position. The change is consistent with succession planning efforts and will recognize added supervisory responsibilities that existed with the former Assistant City Manager position that was eliminated in 2011. Included among those responsibilities will be oversight of the Communications, Human Rights and Human Resources operations, as well as other departments or divisions as assigned by the City Manager. Among the initial assignments for the Assistant City Manager position will be oversight of the Neighborhood and Development Services Department. Additionally, the Assistant City Manager will assume the role of the primary legislative liaison for the City. There is no salary increase associated with the reclassification, however the classification change will allow for future growth in salary beyond what the current classification provides. In addition, I am seeking approval to merge the Cable TV and Communications divisions within the City Manager's Office. This change will involve the elimination of the Cable TV Administrator position. Remaining staff in the Cable TV division will fall under the supervision of the Communications division. This change will allow for better coordinated public messaging and additional resource and expertise sharing within the organization. Specifically, I am seeking authorization on the following changes to the City's staffing plan in relation to these City Manager's Office changes: 1. Elimination of the Assistant to the City Manager position (Grade 31) 2. Elimination of the Cable TV Administrator position (Grade 29) 3. Creation of the Assistant City Manager position (Grade 34) All of the above described changes are consistent with discussions from the City Council's budget work sessions. I am confident they will allow staff to better achieve the City's strategic goals in the coming years. Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS," AND CHAPTER 2, ENTITLED "TAXICABS," AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO REQUIRE DRIVERS TO MAINTAIN MANIFEST LOGS, TO REQUIRE SOME UNIFORMITY OF RATE CARDS, TO REQUIRE NOTIFICATION WHEN A LICENSE PLATE NUMBER IS CHANGED, TO ELIMINATE TAXI STANDS, TO ALLOW TAXIS TO BE PARKED ON RESIDENTIAL STREETS, AND TO AUTHORIZE THE CITY TO SUSPEND A LICENSE. WHEREAS, currently companies are required to maintain manifest logs, but drivers are not similarly required to do so; WHEREAS, currently rate cards are filed with the clerk and posted in the vehicle, but there is no uniformity among them; WHEREAS, currently there is no requirement to notify the City when a license plate number is changed for a vehicle that has been issued a decal; WHEREAS, currently there are no taxi stands, and there has been only one in recent years; WHEREAS, currently taxis, unlike other commercial vehicles, cannot be parked on residential streets; WHEREAS, currently the hearing officer is authorized to revoke a license of a company and the authorization of a driver, but not to issue temporary suspensions; WHEREAS, currently there is a provision that decals cannot be transferred but there is no similar provision regarding licenses; and WHEREAS, it is in the public interest to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION 1. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 1, entitled "Business and License Regulations," Section 5, entitled "Revocation of License or Authorization," is amended by adding the following sentence at the end of the section: Upon hearing, the city manager or designee may uphold the revocation, may reverse the revocation, or may suspend the license or authorization. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1, entitled "Definitions," is amended by adding a new definition for "Entry Fee" and by deleting the definition of "Rate Card" and substituting a new definition in lieu thereof: Entry Fee: The fee charged when the taximeter is turned on regardless of the distance traveled. Rate Card: A card containing the maximum fare rates and complaint procedure. A rate card must include the information shown on the city clerk's rate card template, and it must be filed with the city clerk. 3. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection A3 is amended by adding the following sentence to the end of the subsection: If the owner is not a resident of Iowa, certified criminal history of that state and certified driver's record of that state. 4. Title 5, entitled. "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection B5 is amended by deleting it in its entirety and substituting the following new subsection in lieu thereof: Except for pedicabs and horsedrawn vehicles, maintain manifest logs for all drivers for 60 days and provide manifest logs to the city upon request. 5. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection C1 is amended by deleting it in its entirety and substituting the following new Subsection C1 in lieu thereof: Issuance Or Denial Of Business License: If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal Ordinance No. Page 2 infraction citations, and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab business. 6. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection C is amended by adding the following new Subsection C3: The license cannot be sold, assigned, or transferred to another taxicab business. 7. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection D3 is amended by deleting Paragraph d in its entirety and substituting the following new paragraph in lieu thereof The applicant shall return the decal and remove the bubble light and lettering within 2 business days of when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to revoke the taxicab business license. 8. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection D3 is amended by adding the following new Paragraph e: If, after the issuance of a decal, the license plate for the vehicle is changed, the applicant shall inform the City Clerk in writing of the new license plate number and have the City Equipment Supervisor or designee verify that the VIN, license plate number, and decal match. No driver shall operate a taxicab until the City Equipment Supervisor or designee has verified that the VIN and decal match the new license plate number. No taxicab business shall allow a taxicab to be operated until the City Equipment Supervisor or designee has verified that the VIN and decal match the new license plate number. 9. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 3, entitled "Liability Insurance Requirements," is amended by deleting Subsection A5 in its entirety and substituting in the following new subsection in lieu thereof: 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 reinspection 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 if the taxicab business does not return the decal within 2 business days. 10. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, entitled "Vehicle Inspection Required," Subsection B is amended by deleting the last sentence and inserting in lieu thereof the following sentence: After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 11. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "State Chauffeur's License Required," is amended by deleting it in its entirety and substituting the following new section in lieu thereof: No person shall operate a motorized taxicab, including a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person who owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. 12. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 6, entitled "Driver Requirements," is amended by adding the following new Subsection E: Each driver shall maintain manifest logs for 60 days and provide the manifest logs to the City upon request. Each driver shall keep in the taxicab the manifest logs for the current shift. 13. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 7, entitled "Rates; Hours; Complaints," Subsection Al is amended by deleting the last sentence. 14. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 9, entitled "Vehicle Stand," is amended by deleting it in its entirety. 15. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 10, entitled "Terms of Decals and Authorization; Renewals," is amended by deleting the last sentence in Ordinance No. Page 3 Subsections A and C in their entirety. 16. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 13, entitled "Revocation of Licenses and Permits," is amended by deleting it in its entirety and substituting the following in lieu thereof: Licenses and authorizations issued under this chapter may be revoked or suspended as provided in section 5 -1 -5 of this title. 17. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 10, entitled "Parking for Loading and Unloading," Subsection D, "entitled Public Carrier Stops and Stands," is amended by deleting Paragraph 2b in its entirety and substituting the following in lieu thereof: Taxicabs: The driver of a taxicab may temporarily stop in accordance with other stopping or parking regulations at any place while actually engaged in the expeditious loading or unloading of passengers. 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 become effective May 31, 2014. Passed and approved this day of , 2014. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 02/18/2014 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Botchway. NAYS: Throgmorton. ABSENT: None. Second Consideration Vote for passage: Date published that the CITY OF IOWA CITY 13 MEMORANDUM Date: February 12, 2014 To: Mayor & City Council From: Marian K. Karr, City Clerk Wt Re: Meeting with Taxi Company Owners Introduction: The City Clerk's office currently licenses 12 companies and 126 vehicles. This total does vary and generally increases during football season. Safety and service is our primary objective in City licensing of this business. Background: In 2012 the City was contacted by currently licensed taxi companies for better enforcement of "gypsy" cabs (especially during the peak football season) and regulatory issues. A meeting was held with companies to solicit input and improve the ordinance governing the taxi companies and vehicles. As a result of that meeting changes were made to the taxi licensing procedure for the 2013/2014 license year. At that time Council requested an annual meeting be held with the taxi companies to discuss the Code and any new issues. Staff (Police Dept., City Attorney's Office and Clerk's office) prepared changes for discussion and all companies were invited to a meeting on February 4th to discuss possible changes for the next licensing year. Companies could attend the meeting and /or provide a written statement concerning the proposed staff changes, or any new changes they wished to propose. Two letters were received and discussed at the February 4th meeting and will be accepted as correspondence during discussion of this item. A summary of the meeting, and staff response, is attached. As a result of that meeting changyes were made in the original staff proposal and that ordinance is included on the February 18t agenda. One additional clarification has surfaced regarding nontransferability of licenses since the meeting and staff recommends its inclusion into the ordinance as well. Staff has notified the companies of this inclusion. Staff will be back to Council prior to football season regarding three outstanding issues that were discussed at the February 4th meeting but are not addressed in the proposed ordinance: • Destination rates • Required business office and service 24/7 • Enforcement of removal of bubble light Previous City Councils have identified the regulation of destination rates; and the commitment that the service is provided 24/7 as a priority. At your work session on February 18th staff requests Council direction as whether Council wishes to continue to regulate destination rates and to require businesses to remain open 24/7. Recommendation: Staff has made the changes as outlined in the memo and recommends Council adoption of the ordinance. s/taxinemochanges.doc Taxi Company Meeting Summary February 4, 2014 Present: Elfatih Abdallah, Jowan Taxi Rafat Alawneh, Number One Cab Charles Clarke, Pink's Taxi Laura Green, Airport Shuttle Ana Martinez, Five Stars Taxi Robin Reyes, Red Line Cab Adil Adams, American Taxi Roger Bradley, Yellow Cab Joe French, Marco's Taxi Aric Hopkins, Old Capitol Independent Taxi Son Minh Nguyen, Vina Sun Taxi Staff: Asst. City Attorney Sue Dulek, Police Sgt. Chris Akers, Police Officer Derek Frank, City Clerk Marian Karr, Deputy City Clerk Julie Voparil Section 5 -2 -1 Destination rate. Staff recommended prohibiting destination rates within the city limits. Companies stressed a need for something in place to help on home football game days. Caught in traffic and without destination rates they would lose money which could result in refusing to go to stadium. Other services in community have rates that go up on game days. STAFF RECOMMENDATION: No change at this time. Staff will research further, schedule another meeting with companies, and provide recommendation within 90 days. "Flag drop rate ", Staff recommends a consistent term to reflect the initial charge to customers, and it is called something different on many rate cards. Companies suggested replacing the language with "ENTRY FEE ". STAFF RECOMMENDATION: This has been changed in proposed ordinance on February 18 aka. Section 5 -2 -2 (A) (3) Business License. Staff had no proposed change. However, it was brought up that the current language require Iowa reports and currently an owner not residing in Iowa requested a certified outdated report which the City was accepting. Company was not sure if the State of Iowa would continue to certify and requested new language for non - resident. STAFF RECOMMENDATION: This has been changed to require a non - resident to provide certified criminal history and certified driver's record from another state: and in proposed ordinance on February 18 agenda. (B) (1) requires service 2417, and have a business office located in Iowa City or Coralville city limits. Staff had no proposed change. Cab companies stated on busy days they are not always able to answer telephone calls. Why answer calls if they can't deliver the service? What is the difference in answering from another location (other than office)? Total agreement to no dispatching from vehicles. Issues raised regarding safety for staffing office late at night. STAFF RECOMMENDATION: No change at this time. Staff will research further, schedule another meeting with companies, and provide recommendation within 90 days. Taxi meeting summary February 4, 2014 Page 2 D(3) (d) — Removing decal, lettering, bubble light Staff recommended removing word "immediately" and adding "within 2 business days ". Taxicab companies did not want to be responsible for returning decal or bubble light, noting the vehicle was owned by independent operator; and questioned revocation clause. They wanted the City to cite independent drivers that won't remove lettering/top light, or return decal when no longer insured. Can police help regarding trouble having independent drivers removing decal, bubble light, and their company lettering. STAFF RECOMMENDATION: Proceed with replacing "immediately" with new language "within 2 business days" and in proposed ordinance on February 18 agenda.. No change at this time regarding revocation. Staff will research further, schedule another meeting with companies, and provide recommendation within 90 days. Section 5 -2 -4 B. Reinspection of vehicles. Staff had no proposed change. Company raised question why the process was different for city equipment and police. STAFF RECOMMENDATION: Changed wording to made re- inspection and a fee consistent and in proposed ordinance on February 18 agenda. Section 5 -2 -5 STATE CHAUFFEUR'S LICENSE REQUIRED. Staff had no proposed change. Company questioned if a chauffeur's license would be required for a motorized pedicab. STAFF RECOMMENDATION: Change made and in proposed ordinance on February 18 a_ eg nda. Section 5 -2 -6 DRIVER REQUIREMENTS- adding E. Staff recommended that language be added to require the driver to maintain the manifest logs 60 days, and keep them in the taxi for the prior 24 hours. Companies requested that a change be made to the last sentence by removing "the prior 24 hours" and replacing with "the current shift". STAFF RECOMMENDATION: Change made and in proposed ordinance on February 18 agenda. Section 5 -2 -7 RATES, HOURS, COMPLAINTS (4). Staff had no proposed change. Companies expressed Interest to clarify language that provides for charging "less ". STAFF RECOMMENDATION: Staff recommends no change be made in present language. Section 5 -2 -9 Vehicle Stand Staff recommended the section be removed. Companies had no questions. STAFF RECOMMENDATION: Removed in proposed ordinance on February 18 agenda. Taxi meeting summary February 4, 2014 Page 3 Section 5 -2 -10 TERMS OFDECALSAND AUTHORIZATION; RENEWALS. Staff had no proposed change. Companies requested reference to back outdated language re 2013 STAFF RECOMMENDATION: Change made and in proposed ordinance on February 18 agenda. Correspondence received at meeting from: • Redline Cab • American Taxi; Jowan Cab; Number One; Vienna (Vina) Sun, Pink's Prepared by City Clerk REVISED 2 -10 -14 5 -2 -1: DEFINITIONS: As used in this chapter, the following definitions shall apply W, AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport, and operates without a taximeter. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wishing to drive a taxicab. CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a taximeter calibration course. Said certificate must state the individual qualifications to program, calibrate, repair and maintain a taximeter. Said certificate must also include the name of the meter manufacturer(s), and models for which the individual is qualified to calibrate. Said certificate must be fled with the city equipment superintendent or designee for all vehicles starting with the 2012 licensing year. CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. DECAL: A sticker issued by the city clerk for each vehicle operated by a taxicab business. DESTINATION RATE: A flat fee charged by a taxicab business to carry a fare from one specified geographic location to another specified geographic location that is applicable at all times and on all days. DRIVER: A person who is authorized by the city to drive a taxicab ENTRY FEE: The fee charged when the meter is turned on regardless of the distance traveled HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the city to operate a taxicab business. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. PEDICAB: A vehicle propelled exclusively by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. RATE CARD: A card containing the maximum fare rates and complaint procedure. A rate card must include the information shown on the city clerk's rate card template; and it must be filed with the city clerk. 1 I Pa g e REVISED 2 -10 -14 STREET: Any street, alley, court, lane, bridge or public place within the city TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, taxicabs, pedicabs, horsedrawn vehicles, and airport shuttles. "Charter transportation" as defined in this section and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the city of Iowa City. TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business. TAXIMETER: A device attached to a taxicab that automatically calculates at a predetermined rate or rates and indicates the charge for hire of a vehicle. (Ord. 10 -4402, 8 -31 -2010; amd. Ord. 10 -4407, 10 -11 -2010; Ord. 11 -4458, 11 -22 -2011, eff. 3 -1 -2012) 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS: It IJ 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. If the owner is not a resident of Iowa, certified criminal history of that state and certified driver's record of that state. 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: Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide taxicab service to the public twenty four (24) hours a day, seven (7) days a week, and have a business office located in Iowa City or Coralville city limits. No dispatching shall be done from a vehicle. All dispatching shall be done from the office except between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. The telephone number listed on the application must be answered twenty four (24) hours a day, seven (7) days a week. 2 1 Pa R e REVISED 2 -10 -14 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. 4. Meet all applicable zoning ordinance regulations and other city regulations. $. Except for pedicabs and horsedrawn vehicles, maintain manifest logs for all drivers for 60 days and provide manifest logs to the city upon request. 6. Each taxicab must prominently display the passenger feedback form provided by the city, and return any completed cards to the city clerk. (Ord. 12 -4510, 12 -18 -2012, eff. 5 -1 -2013) 7. All judgments against the taxicab business resulting from municipal infraction citations have been paid in full. C. Business License: 1. Issuance Or Denial Of Business License: If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal infraction citations and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab business. 2. Revocation Of Business License: If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or if the police chief or chiefs designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke the license to conduct a taxicab business as provided in section 5 -1 -5 of this title. D. Decals: 1. Application Forms: Each applicant shall also file an application for a decal for each taxicab with the city clerk on forms provided by the city. 2. Attachment Of Decal: No taxicab shall be operated on any street within the city unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the vehicle. 3. Issuance Or Denial Of Decal; Nontransferability: a. If the city clerk finds that the applicant has fully complied with the requirements of this chapter and the city equipment superintendent or designee determines that there is no information which would 3 1 Pa g e REVISED 2 -10 -14 indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a decal for the taxicab. b. The decal shall be nontransferable as between vehicles and taxicab businesses. c. Decals will be issued by the city clerk on the next business day at least twenty four (24) hours after the filing of a completed application for such decal with the city clerk. (Ord. 10 -4405, 9 -7 -2010, eff. 3- 1 -2011) The applicant shall return the decal and remove the bubble light and lettering mmediately within 2 business days of when the vehicle4s is no longer operatinn Ing as a taxicab. Failure to comply with this provision is grounds to revoke the taxicab business license. (Ord. 11 -4458, 11 -22 -2011, eff. 3 -1- 2012) If after the issuance of a decal the license plate for the vehicle is changed, the applicant shall inform the City Clerk in writing of the new license plate number and have the City Equipment Supervisor or designee verify that the VIN license plate number, and decal match No driver shall operate a taxicab until the City Equipment Supervisor or designee has verified that the VIN and decal match the new license plate number. No taxicab business shall allow a taxicab to be operated until the City Equipment Supervisor or designee has verified that the VIN and decal matc the new license plate number. 5 -2 -3: LIABILITY INSURANCE REQUIREMENTS: ft 0 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 reinspection of that vehicle will be required prior to the 4 Pa g e REVISED 2 -10 -14 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 if the taxicab business does not return the decal within 2 business days. (Ord. 12 -4510, 12 -18 -2012, eff. 5 -1 -2013) 5 -1 -2013) 5 -2 -4: VEHICLE INSPECTION REQUIRED: It EJ A. Each applicant for issuance or renewal of a taxicab decal shall submit, with the application, a current certificate of inspection issued by the city equipment superintendent or designee. Such certificate shall be valid for forty five (45) days from the inspection. Each vehicle governed by this chapter shall be subject to an annual inspection, and no vehicle shall pass inspection unless it complies with this chapter and the vehicle equipment requirements of the code of Iowa. All inspections shall consist of the following: 1. All taxicabs shall be inspected for compliance with the requirements of this chapter, excluding pedicabs and horsedrawn vehicles, as follows: a. Exterior: Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation of license plate lights, windshield, windshield washers, windshield wipers including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mirrors and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. (Ord. 10 -4405, 9 -7 -2010, eff. 3 -1- 2011) b. Interior: The rearview mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. Each vehicle must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within thirty (30) days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a vehicle that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." Taximeters are not required in airport shuttles. (Ord. 10 -4405, 9 -7 -2010, eff. 3 -1 -2011; amd. Ord. 10 -4407, 10 -11 -2010) B. The city equipment superintendent or designee may require reinspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the city equipment superintendent or designee not to be mechanically fit, the decal shall be confiscated and 5 1 Pa g e REVISED 2 -10 -14 returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. The police chief or designee may require reinspection of a vehicle on belief that a vehicle is in such unsafe condition as to endanger any person. In the event any vehicle is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. Once not fi°d the I Ge nsee must have the vehiGle Feinspected within two (2) business days, and a new deGai will be PFE)vided at nG GhaFge. if the licensee fails to have the vehiGle FeinspeGted 9F the vehiGle fails FeinspeGtion within two (2) business days, the licensee must apply feF a new deGal and will be GhaFged the fee establishe-I by G9URGil reselutien. (04 10 nenc n 7 2010 a ff 3 1 on "` After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 5 -2 -5: STATE CHAUFFEUR'S LICENSE REQUIRED:CO No person shall operate a motorized taxicab including a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person who owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. (Ord. 06 -4243, 11- 14 -2006, eff.3 -1 -2007) 5 -2 -6: DRIVER REQUIREMENTS: C 71 A. Authorization Required: No person shall operate a taxicab without authorization of the city clerk. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the city clerk. B. Application: Each person desiring to drive a taxicab shall file an application with the city clerk. Such application shall be verified under oath and shall furnish the following information: 1. The name and address of the person. 2. The experience of the person in the transportation of passengers. 3. The person's record of convictions of misdemeanors and /or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record. 4. Motorized taxicab drivers shall possess a currently valid Iowa chauffeur's license. 5. Such further pertinent information as the city may require. 6 1 Pa g e REVISED 2 -10 -14 C. Issuance Or Denial Of Authorization: If the city clerk finds that the applicant has fully complied with the requirements of this chapter and the police chief or chiefs designee has determined that there is no information which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the office of the city clerk during regular business hours and on the city website twenty four (24) hours a day, seven (7) days a week. 2. The refusal to authorize a person to be a driver must be based on an adverse driving record and /or conviction of other crimes or, in the case of a horsedrawn vehicle operator, failure to demonstrate ability to control the animal and vehicle in traffic. (Ord. 10 -4402, 8 -31 -2010) D. Identification Card: 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' /2') in width and five and one -half inches (5' /2') in height. (Ord. 12 -4510, 12 -18 -2012, eff. 5 -1 -2013) 5 -2 -7: RATES; HOURS; COMPLAINTS:CM A. Display Of Rate, Hour And Complaint Procedure Card: 1. Each taxicab shall have prominently displayed a rate card visible to all passenger seats, and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the city clerk. The Fate nharged must he on ancnrdaRnp with the r2te nard en file with the Gity nleFk 2. The rate card shall contain the following language: Complaints regarding this taxicab's compliance with applicable regulations may be directed to the Iowa City Police Department on the form available at the Department located of 410 E. Washington Street, Iowa City, Iowa 52240 (319) 356 -5275. (Ord. 10 -4402, 8 -31 -2010) 3. Rates must be based on time, distance, or a combination thereof. A rate based on distance includes destination rates. Except for destination rates, all rates based on time and /or distance must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and cleanup rates, are 7 1 Pa g e REVISED 2 -10 -14 prohibited. Only one rate may be certified by the calibrator at one time, and said rate must match the rate card filed in the city clerk's office and verified by the city equipment superintendent or designee. (Ord. 11 -4458, 11 -22 -2011, eff. 3 -1 -2012; amd. Ord. 13 -4532, 5 -14 -2013) 4. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the rate card on file in the office of the city clerk. No owner or driver of a taxicab shall operate a taxicab without utilizing a taximeter that has been calibrated and inspected. (Ord. 10- 4405, 9 -7 -2010, eff. 3 -1 -2011; amd. Ord. 13 -4532, 5 -14 -2013) 5. Whenever the owner of a taxicab business desires to change the rate charged, the owner shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters recalibrated by a certified calibrator on a form provided by the city and returned to the city clerk no later than ten (10) business days after filing the new rates with the city clerk. The taximeter must be recalibrated no sooner than the filing date of a rate card change and no later than ten (10) business days after said filing date. Failure to have all taximeters in all vehicles recalibrated as required shall result in the city clerk recommending revocation of the taxicab business license. B. Verification Of Calibration For Taximeters: The city may require verification of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. (Ord. 10 -4405, 9 -7 -2010, eff. 3 -1 -2011) 5 -2 -8: VEHICLE REQUIREMENTS: e 0 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 horsedrawn 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 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. (Ord. 12 -4510, 12 -18 -2012, eff. 5 -1 -2013) 8 Pa e REVISED 2 -10 -14 C. No Smoking: Passengers and drivers are not allowed to smoke in taxicab vehicles. Decals or signs must be conspicuously displayed on the inside of vehicles that read "No Smoking Allowed In This Vehicle ". (Ord. 06-4243,11-14-2006, eff. 3 -1 -2007) 5-2-9: V €HIC6€ STAND:�E5 - . :5 . ....... .. 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: CO 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. AA license that will , an FebF , 28 2013 shall be extended to May 31 2013 expiFe B. Driver authorization shall be valid for a period of one year from date of issuance. 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 ,t. al that will expire on Febr Fy 28 2013 shall be extended to Ma 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. (Ord. 12 -4510, 12 -18- 2012) 5 -2 -11: HORSEDRAWN VEHICLES: C o 9 1 Pa g e REVISED 2 -10 -14 A. Routes: A horsedrawn vehicle applicant must adhere to the routes specified in the application for a license. A new or temporary route must be filed with the city clerk before an applicant may use such route. B. Removal Of Animal Waste: 1. All horses pulling horsedrawn vehicles shall be equipped with adequate devices to prevent manure and other excrement from falling on the streets of the city2. 2. Any excrement which falls on the city streets shall be removed immediately at the applicant's expense. 3. All animal waste for disposal shall be transported to sites or facilities legally empowered to accept it for treatment or disposal. C. Animal Treatment And Health 3: 1. Treatment Of Animals: a. Applicants shall assure adequate rest periods, feeding schedules, health and related animal performance and well being for each animal under the applicant's ownership, care or control. This responsibility shall include carriage load limits, hours of operation and daily hours of animal usage. b. The feeding of an animal drawing a horsedrawn vehicle from a feedbag or bucket along any street or alley is permitted so long as the animal is not permitted to graze. c. No animal shall be left unattended while in service. 2. Health Certificate: a. For each animal that will be pulling a horsedrawn vehicle, the applicant shall provide to the city clerk a certificate of soundness, issued by a veterinarian licensed by the state, finding each animal to be free from infectious disease, in good health and fit for hack and carriage service under this chapter. b. After initial inspection, each animal shall be reinspected at intervals of no more than six (6) months, and a certificate of soundness shall be issued by a veterinarian and filed with the city clerk in order for each animal to remain in service. D. Equipment Requirements: 1. Every horsedrawn vehicle shall conform to such requirements as may be imposed by state law with respect to equipment. 10 pa z e REVISED 2 -10 -14 2. Each vehicle shall be equipped with rubber tires. (Ord. 06 -4243, 11 -14 -2006, eff. 3 -1 -2007) 5 -2 -12: RESERVED: 4� 0 (Ord. 10 -4402, 8 -31 -2010) 5 -2 -13: REVOCATION OF LICENSES AND PERMITS: t EJ Licenses and permits authorizations issued under this chapter may be revoked or suspended as provided in section 5 -1 -5 of this title. (Ord. 06 -4243, 11 -14 -2006, eff. 3 -1 -2007) 5 -1 -5: REVOCATION OF LICENSE OR AUTHORIZATION 2: It 0 The city clerk may revoke any license or authorization issued under the provisions of this title, after proper hearing before the city manager or designee, by sending written notice of said hearing by regular mail to the taxicab business or driver at the last known address not less than five (5) calendar days before the date of said hearing; or by personal delivery with seventy two (72) hours' notice of date of said hearing, for any of the following causes: A. Any misrepresentation on the application for license or authorization. B. Violation of any federal, state or local law. (Ord. 10 -4402, 8 -31 -2010) Upon hearing the city manager or designee may uphold the revocation may reverse the revocation or may suspend the license or authorization. 9 -4 -10 PARKING D. Public Carrier Stops And Stands: 1. Established: Bus stands, taxicab stands and stands for other passenger and common carrier motor vehicles shall be established by the city manager, or designee, and marked by official signs. No persons shall stop, stand, or park within sixty feet (60') in advance of a public carrier stop denoting a "No Parking" sign or symbol. (Ord. 99 -3911, 12 -7 -1999; amd. Ord. 06 -4243, 11 -14 -2006, eff. 3 -1- 2007) 11 1 Pa g e REVISED 2 -10 -14 2. Stopping, Standing And Parking Of Buses And Taxicabs Regulated: a. Buses: (1) The driver of a bus shall not stand or park a bus on a street any place except a designated bus stand. (2) When the driver of a bus enters a bus stop, bus stand or passenger loading zone to load or unload passengers or baggage, the right front wheel of the bus shall be no more than eighteen inches (18 ") from the curb, and the bus shall parallel the curb so as not to unduly impede other vehicular traffic. (1978 Code §23 -291) Taxicabs: The driy of n taxinnla nh;;" not maned n aFk a ♦nv'nnh OR any M.e.e t at n plane athe . by the city determined by determined e designee, and adopted by the cite council. This provision shall. net Previt tThe driver of a taxicab may frem temporarily stopping in accordance with other stopping or parking regulations at any place while actually engaged in the expeditious loading or unloading of passengers. (Ord. 07 -4292, 11 -5 -2007, eff. 3 -1 -2008) 3. Restricted Use Of Bus And Taxicab Stands: No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop to load or unload passengers if the vehicle does not interfere with any bus or taxicab entering such zone. (1978 Code §23 -291; amd. 1994 Code; Ord. 06 -4243, 11 -14 -2006, eff. 3 -1 -2007) 12 1 Pa g e Iowa City Council February 4, 2014 In this meeting we would like to address two issues. The first issue is regarding the citations that have been given because of answering the phone (Section 5- 2 -2 -13). The second being the city trying to revoke these companies licenses. Our taxi companies work for the community and strive to help the community. The people of our city choose to ride in taxis. We hope that you can take these restrictions off of our companies or alter them in order to be reasonable without such brash consequences. It does not make sense for a company to risk being shut down for such minor offenses. American Taxi Jowan Cab Number One Vienna Sun Pink's 2619 Indigo Ct 319 - 631- Iowa City, Iowa 52240 5146 This letter is to address the City Council at the next City Council Meeting on February the18th 2014. I am Robin Reyes Co Owner along with Co Owner Will Ortega of REDLINE CAB SERVICES 1) 5 -2 -3) Liability Insurance Requirements: I have researched, by calling deferent Insurance agencies the pricing of the various Cities across the United States. To find that our great city is the highest mandatory Insurance coverage. Out of all the insurance company's I called, they all asked why it is that we have such high coverage. With that said, I think that you the Council should consider lowering these high rates of coverage. We then could possibly pass that savings on to our customers. Otherwise, we are looking at higher rates with maintaining the Taxi Cabs it is hard on the owners to make the ends meet. 2) 5 -2 -9) And 9- 4- 10)There needs to be more places to park, I live in Iowa City and I have my Cabs parked in the driveway for the most part and sometimes on the street in front of my home. A home where I pay taxes and every time I turn around I am being ticketed for parking or street, storage or whatever. I need to be able to park these Cabs, so that shift change can happen and so to clean the Cabs and for loading and unloading. Something needs to be done here we are providing a services and we cab company's also are keeping drunk drivers off the street. In return, we are treated as if we have no rights. Can we purchase taxi stands for in front of the Taxi offices? 3) We would like that the dispatching hours could be reviewed that the hours in which a person has to dispatch, from the actual office be revised. To accommodate each Taxi company in Iowa City, being that each Taxi Cab company has different needs, that there may not be Drivers available. Or the person whom might be scheduled might have to run and pick someone up so that that person is not late for work. Or if a family Emergency might happen and that dispatcher would have to leave for a brief time. So if this could be reviewed We do not think that we the Taxi company owner should be penalized if we show just cause and the majority of the Taxi company might at times may only have one dispatcher available to work a shift being that we are not always so very busy. Also the Taxi business is real slow at different times. We are trying to provide a quality service to our community and we are not an Emergency service. 14 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 14 -4570 ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR FAILING TO COMPLETE AN INFORMATIONAL DISCLOSURE AND ACKNOWLEDGMENT FORM IS $500.00 FOR FIRST VIOLATION, $750.00 FOR SECOND VIOLATION, AND $1,000.00 FOR THIRD AND SUBSEQUENT VIOLATIONS. WHEREAS, over - occupancy of rental units is an issue that negatively impacts the quality and value of neighborhoods; WHEREAS, Section 17 -5 -14 of the City Code requires landlords and tenants to sign an Informational Disclosure and Acknowledgement Form which, in part, states the maximum occupancy of the rental unit; WHEREAS, although landlords and tenants have been required to sign the Informational Disclosure and Acknowledgement Form for over ten years, the form is often not completed or not fully completed (e.g., not all tenants sign it); WHEREAS, the civil penalties presently are $250.00 for first violation, $500.00 for second, and $750.00 for third and subsequent violations; WHEREAS, the civil penalty for over - occupancy is $750.00 for first violation and $1,000 for second and subsequent violations; and WHEREAS, in order to increase compliance with the occupancy standards, it is in the best interest of the City to raise the civil penalty for failing to complete the Informational Disclosure and Acknowledgment form to $500.00 for first violation, $750.00 for second, and $1,000.00 for third and subsequent violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled "Civil Penalties for Municipal Infractions," is amended by adding a new Subsection D3: The civil penalty for violation of section 17 -5 -14 of this code shall be punishable as provided in the following schedule for each day a violation exists or continues: First offense $ 500.00 Second offense $ 750.00 Third and subsequent offense $1,000.00 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 18thday of February 12014 t r_. I LTA 9 . �- ATTEST: liG lC - c21l�✓ CITY CLERK Approved by City Attorney's Office Ordinance No. 14-4570 Page 2 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 01/21/2014 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published 02/27/14 Moved by Mims, seconded by Throgmorton, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which itis to be finally passed be�`suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS:'None. ABSENT: None. 15 Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52246 (319) 356 -5030 ORDINANCE NO. 14 -4571 CONSIDER AN ORDINANCE AMENDING TITLE 4, "ALCOHOLIC BEVERAGES ", CHAPTER 3, "OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS ", SECTION 4 -3 -1, "OUTDOOR SERVICE AREAS" TO AMEND THE LOCATION RESTRICTIONS ON OSA'S IN THE CC -2 ZONE WITH THE ADDITION OF POTENTIAL REGULATORY CONDITIONS WHEREAS, the City regulates various aspects of Outdoor Service Areas ( "OSAs ") (areas with available alcohol on private property) through regulatory provisions concerning location, screening, exits, occupancy, noise, signage and building code; and WHEREAS, the existing regulations prohibit OSA's from locating within 100' of a residential boundary in the CC -2 (Community Commercial) zone, although the same restriction does not apply in the CB -2, CB -5 and CB -10 (central business district) zones; and WHEREAS, an existing business with current usable space for an OSA has asked for a review of the prohibition of OSA's within 100' of a residential zone in the CC -2 zone; and WHEREAS, with the addition of potential regulatory conditions, OSA's may be appropriate in CC -2 zones within 100' of a residential zone, with the added benefit of creating enhanced business opportunities along with improving the viability of walkable neighborhood establishments while appropriately protecting adjacent residential properties; and WHEREAS, the City Manager's Office recommends passage of this ordinance as in the public interest to enhance business opportunities and improve the viability of walkable neighborhood establishments while protecting adjacent residential properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. Title 4, "Alcoholic Beverages ", Chapter 3, "Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits ", Section 4 -3 -1, "Outdoor Service Areas ", Section C, "Regulation of Outdoor Service Areas ", subsection 1 "Location Restrictions ", subparagraph "d" is hereby amended by repealing said subparagraph "d" in its entirety and adopting a new subparagraph "d" as follows: a. An outdoor service area shall be permitted in any C (commercial) zone, as provided by title 14 of this code, provided an outdoor service area shall not be permitted if any part thereof lies within one hundred feet (100') of an R (residential) zone except in CC -2, CB- 2, CB -5, and CB -10 zones. If the property is zoned CC -2, an outdoor service area is only allowed within one hundred (100') feet of an R (residential) zone if all of the following conditions are satisfied: 1. The outdoor service area is only allowed if associated with a restaurant, as defined in this Chapter. 2. The outdoor service area shall only be operational while the establishment is serving food from an on- premise kitchen and the outdoor service area must be closed to all patrons by 10 PM or whenever the kitchen is closed, whichever is earlier. 3. The outdoor service area occupancy limit shall not exceed 30 persons. 4. A lighting plan for the outdoor service area must be filed with the application and approved by the City Manager, or designee. The City Council may at any time modify the above conditions or impose additional conditions on a permit for an outdoor service area for a property in the CC -2 zone that is within one hundred (100') feet of an R (residential) zone, if sufficient conflicts with properties in the adjacent R (residential) zone have been identified or are to be reasonably expected. In the event that property within one hundred feet (100') of an established outdoor service area is rezoned to any R (residential) zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the City Council without lapse, suspension or revocation. The City Council may waive operation of this provision to permit continued operation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment or in the event of lapse or suspension of City Council authorization for the outdoor service area. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 18thday of February , 2014. MAYOR App e ATTEST:_ CITY CLERK t City ney's Office �_��_� Ordinance No. 14 -4571 Page 3 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: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 01/21/2014 Voteforpassage: AYES: Botchway, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published 02/27/2014 Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Hayek. NAYS: None. ABSENT: None.