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2016-03-01 Ordinance
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC15-00007) 6a ORDINANCE NO. ORDINANCE VACATING THE WATERFRONT DRIVE PUBLIC RIGHT-OF-WAY (VAC15-00007) WHEREAS, the applicant, Equity Ventures, has requested that the City vacate and convey to the applicant Waterfront Drive public right-of-way running east and west between 1402 and 1411 Waterfront Drive; and WHERAS, the vacation is being requested to combine the surrounding parcels for uniform redevelopment; and WHEREAS, Waterfront Drive is not currently utilized for access or circulation by any entities besides the adjacent properties, which have voiced support for the vacation request; and WHEREAS, a suitable access easement will be established in lieu of the right-of-way; and WHERAS, the Waterfront Drive right-of-way does have public water and sanitary sewer utilities; and WHEREAS; these utilities must be relocated prior to development of structures where the Waterfront Drive right-of-way is located; and WHEREAS, easements for these utilities will be retained until the new utilities are constructed and accepted by the City; and WHEREAS, releasing the utility easements will require subsequent action by the City Council; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of Waterfront Drive and has recommended approval of the application subject to City staff approval of a final plat application, which must include plans for utility relocation and a plan for temporary access to Car -X property during construction and a permanent access easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way described as follows subject to the easements described above: LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SOUTHGATE ADDITION, PART 1, TO IOWA CITY, IOWA, IN AFFORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 54 OF THE RECORDS OF JOHNSON COUNTY RECORDER'S OFFICE; THENCE S22°54'00"E, 50.00 FEET, TO A POINT ON THE NORTH LINE OF LOT 3 OF SAID SOUTHGATE ADDITION, PART 1; THENCE S67°06'00"W, ALONG SAID NORTH LINE 24.88 FEET; THENCE SOUTHWESTERLY, 75.16 FEET, ALONG SAID NORTH LINE ON A 125.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 74.03 FOOT CHORD BEARS S84°19'30"W; THENCE N78027'00"W, ALONG SAID NORTH LINE, AND THE NORTH LINE OF LOTS 4 AND 5 OF SAID SOUTHDATE ADDITION, PART 1, A DISTANCE OF 181.93 FEET, TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH GILBERT STREET; THENCE NORTHEASTERLY, 90.52 FEET, ALONG SAID EASTERLY RIGHT-OF-WAY LINE ON A 914.55 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 90.48 FOOT CHORD BEARS N34°33'42"E, TO ITS INTERSECTUION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF WATERFRONT DRIVE; THENCE SOUTHEASTERLY, 22.90 FEET, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ON A 15.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 20.74 FOOT CHORD BEARS S12000'13"E; THENCE SOUTHEASTERLY, 72.94 FEET, ALONG SAID NORTHLY RIGHT-OF-WAY LINE ON A 183.98 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 72.47 FOOT CHORD BEARS S67°05'30"E, TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID LOT 1 OF SOUTHGATE ADDITION, PART 1; THENCE S78027'00"E, ALONG SAID SOUTH LINE, 67.22 FEET; THENCE NORTHEASTERLY, 45.09 FEET, ALONG SAID SOUTH LINE ON A 75.00 RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.42 FOOT CHORD BEARS N84019'30"E' THENCE N06706'00"E, 24.88 FEET TO THE POINT OF BEGINNING. SAID WATERFRONT DRIVE RIGHT-OF-WAY VACATION PARCEL CONTAINS .31 Ordinance No. Page 2 ACRE (13,454 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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 ATTEST: CITY CLERK day of , 20—. MAYOR: Approved by: C�7�`- d ^ (C) — r ('. � 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 02/16/2016 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration 03/01/2016 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: N6ne. Date published that the Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 "Off-Tr-Tr— (REZ15-00023/SUB15-00031) 6b ORDINANCE NO. AN ORDINANCE REZONING 9.33 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY (RS -5) ZONE AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR PINE GROVE LOCATED SOUTH OF LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031) WHEREAS, the applicant, Steve Kohli, has requested a rezoning of property located south of Lower West Branch Road between Scott Boulevard and Hummingbird Lane from Low Density Single Family Residential (RS -5) (5.44 acres) and Medium Density Single Family Residential (RS -8)(3.89 acres) to a Planned Development Overlay (OPD -8) Zone and approval of a Sensitive Areas Development (OPD) Plan for Pine Grove, a 12 -lot residential subdivision With 10 single family lots and 44 multi -family dwellings. WHEREAS, the OPD zone is intended to encourage the preservation and best use of existing landscape features through development that is sensitive to the natural features of the surrounding area; and WHEREAS, the proposed OPD plan will allow the clustering of units so that woodlands and groves of trees may be preserved and incorporated into the design of the development; and WHEREAS, the mix of single family and multifamily development proposed with the OPD plan is consistent with the policies of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of RS -5 (5.44 acres) and RS -8 (3.89 acres) to a Planned Development Overlay (OPD -8) Zone and approval of a Sensitive Areas Development (OPD) Plan for Pine Grove attached and by reference made part of the this ordinance: BEGINNING AT THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2015003, IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 312, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE 589`40'37"W, ALONG THE SOUTH LINE OF THE PLAT OF SURVEY, AS RECORDED IN PLAT BOOK 6, AT PAGE 31, IN SAID RECORDS, 667.54 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SCOTT BOULEVARD; THENCE NORTHWESTERLY, 85.61 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 1587.02 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 85.60 FOOT CHORD BEARS N01"46'06"W; THENCE N00'19'26"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 517.04 FEET; THENCE N00'13'57"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 116.21 FEET, TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LOWER WEST BRANCH ROAD; THENCE SOUTHEASTERLY, 77.85 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 167.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 77.15 FOOT CHORD BEARS S71"22'25"E; THENCE N31°58'52"E, 33.00 FEET, TO A POINT ON THE NORTH LINE OF SAID PLAT OF SURVEY; THENCE S58°01'08"E, ALONG SAID NORTH LINE, 260.04 FEET; THENCE S87`08'01"E, ALONG SAID NORTH LINE, 328.54 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S00°20'15"E, ALONG THE EAST LINE OF SAID PLAT OF SURVEY, 33.05 FEET, TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2015003; THENCE S21°42'52"E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2015003, A DISTANCE OF 41.41 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S00"19'54"E, ALONG SAID EAST LINE, 151.57 FEET; THENCE SOUTHEASTERLY, 189.82 FEET, ALONG SAID EAST LINE, AND AN ARC OF A 2525.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 189.77 FOOT CHORD BEARS 502`29'07"E; THENCE SO4°38'20"E, ALONG SAID EAST LINE, 99.92 FEET; THENCE SOUTHEASTERLY, 9.48 FEET, ALONG SAID EAST LINE, AND AN ARC OF A 125.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 9.48 FOOT CHORD BEARS S02°27'59"E; THENCE S00"17'38"E, ALONG SAID EAST LINE, 42.48 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.33 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance No. Page 2 Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of '20—. MAYOR: Approved by: ATTEST: ✓,�, `�� CITY CLERK City Attorney's Office a `/ CITY CLERK Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 02/16/2016 Voteforpassage: AYES: Dickens, Mims, Taylor, Throgmorton, Botchway, Cole. NAYS: Thomas. ABSENT: None. Second Consideration 03/01/2016 Vote for passage: AYES: Mims, Throgmorton, Botchway, Cole, Dickens. NAYS: Taylor, Thomas. ABSENT: None. Date published that the "!,» R• | q & `a � Q�•�m | � -� }/! �§ |'I | ; \L g \M \ � .� ., cn m D v Z "s z v ohm �Zz cn Wim=+ J\ /m ;(7 O Dm c' D v m m o m z z �� }1�f,laeod i��E ! ei E }°! =' idEE i}} ! •"I1's: } "i+E°aa ! 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Ilru4lfEp (�gq.�a �JwE I ,�'rCITY OF IOWA CITY Ott "W%A& -,WORM M::EMORANDUM Date: February 24, 2016 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator -71 Re: REV 5-00023 Pine Grove: Question regarding density Introduction At the February 16 City Council meeting, Council members had questions regarding the potential density of Pine Grove if the eastern portion of Pine Grove were left zoned Low Density Single Family Residential (RS -5), instead of being rezoned to Medium Density Single Family Residential (RS -8) as is proposed. Discussion To determine potential density in a planned development, City Code allows for laying out a potential subdivision as if there are no sensitive environmental areas on the property (i.e. blank canvas approach), and then clustering that density to achieve the goals of tree preservation, diversity of housing types, etc. Assuming the eastern portion of the property remained RS -5, staff laid out a potential subdivision using the 'small lot' provisions in the zoning code which allow for smaller lots with alley access, achieving 23 RS -5 single family lots. In the western portion of the property, again using the 'small lot' provisions in the zoning code, 27 RS -8 single family lots and two duplex lots are possible, for a total of 31 dwelling units. The total achievable density is 54 dwelling units, consistent with the density proposed in the Pine Grove Planned Development. Rezoning the entire property to a consistent RS -8 zone in this case was for zoning consistency within the property and within the planned development to allow clustering to be considered for the entire property. Regarding traffic projections, 49 single family lots and two duplex lots (54 units) would be expected to generate in the range of 499 vehicle trips per day, more than the 390 trips estimated for the Pine Grove proposal. Traffic projections for single family lots are higher than for multi -family dwellings based on data collection (single family properties have a greater chance of multiple drivers living in the household). Staff notes that a trip to and from the store, for example, counts as two vehicle trips, one leaving and one returning. Conclusion On a property that contains regulated sensitive environmental areas (in the case of Pine Grove, the woodlands are regulated), City Code precludes the ability to lay out a subdivision design and public infrastructure which results in the loss of 100% of the sensitive environmental feature. The Sensitive Areas Ordinance encourages clustering of potential density to preserve portions of environmental features while still allowing for development. In the case of Pine Grove, as outlined in the January 7 staff report, the combination and clustering of density on the west side of the property allows for the preservation of almost an acre of pine trees and diversity of housing types; and the larger single family lots on the east side of the property allow for the preservation of groves of trees, and for consistency with other single family lots to the east. WS! Marian Karr From: Hamilton, Gregory E <gregory-hamilton@uiowa.edu> Sent: Tuesday, March 01, 2016 12:34 PM To: Council Subject: objection to Item 6b on 03-01-16 City Council agenda City Council Members, Thank you for allowing me to restate my objections to what is now listed as (on the current March 1, 2016 agenda) Item 6b: REZONING SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD — ORDINANCE REZONING 9.33 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY (RS -5) ZONE AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR PINE GROVE LOCATED SOUTH OF LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031. In general, I support this development. However, my two (limited) objections to this development have still not been seriously addressed. 1. The new development is too dense: The planned development includes a total of 54 households, and utilizes the principle of "clustering" to justify a 36 unit apartment complex on Scott Boulevard. Your packet for this meeting includes a 2-24-16 Memorandum from John Yapp which indicates that 54 units could be achieved under the current RS -5 and RS -8 zoning for this property if the subdivision was drawn up using the "small lot" provision in the zoning code, which allows for smaller lots with alley access. This theoretically achievable density would obviously not be desirable, and would be unlikely to be proposed by any builder. The true comparison should be to the historical density in the area. As I noted in my 2-16-16 email to City Council (and earlier in my presentation to the Planning and Zoning Commission), "...even if the whole property is rezoned to RS -8, the total number of units creates a density that is significantly greater than the historical density of 5.2 units per acre for RS -8. The density is obviously even more out of line when considering the current split of RS -5 and RS -8 zoning." As Councilman Thomas observed, the 280 foot long, 36 unit apartment complex is larger than any apartment complex in the area. Approving this rezoning would lead to one of the most dense subdivisions in the area, with the largest single housing unit. The Northeast District Plan, which was created after significant community involvement and discussion, did not contemplate an apartment complex at this intersection. Rather, townhomes were anticipated. In fact, the Northeast District Plan strongly advises against creating clusters of apartment complexes, such as would be created along Scott Boulevard if new apartment complex were to be allowed. True housing diversity would suggest that something smaller would be appropriate. 2. No serious analysis of the safety consequences of having the newly created Pine Grove Ln intersect with Hummingbird Ln has been done. The MPO Transportation planners have not done any study of how many cars Hummingbird Ln can safely handle. Since City Staff has acknowledged that Hummingbird Ln is narrower than the minimum safe design standards, it is presumably by definition unsafe to add any additional traffic. The MPO Transportation Planners have suggested that no one will use Hummingbird Ln, since there are no "employment centers, schools and shopping centers" in the direction of Hummingbird Ln.. The argument that the Hummingbird Ln intersection will be unused is not an argument to create it; it is an argument against creating it. I agree with the Transportation Planners that it does not make sense to route large volumes of apartment complex traffic away from arterial streets and through the residential neighborhood of Hummingbird Ln.. There is no destination towards Hummingbird Ln that justifies that intersection. However, I think it defies common sense to believe that If the intersection is created that it will be unused. The MMS representative noted that the applicant originally proposed a cul-de-sac in order to protect more mature trees along Hummingbird Ln. than the current proposal is able to protect. The Northeast District Plan mentions cul-de-sacs as appropriate in contemporary subdivision construction, but especially praises cul-de-sacs as a useful design consideration under "conservation" building principles, as a means of preserving sensitive environmental features such as mature trees. The Northeast District Plan also makes other helpful suggestions, such as having an interconnecting trail at the end of a cul-de-sac that could be utilized to allow walking traffic. So, for example, if Pine Grove Ln were a cul-de-sac, a walking trail could join it to Hummingbird Ln. The Planning and Zoning staff have not clarified why a cul-de-sac is not appropriate in this case. At the last meeting, their representative simply indicated that their internal style manual "requires" an interconnecting street. This does not make sense. A city agency's style manual is not authoritative, and it cannot be more restrictive than, or at odds with, the City Zoning Code or the Northeast District Plan. If the newly created Pine Grove Ln is to have a second intersection besides Lower West Branch Rd, then it makes sense for that intersection to be Scott Blvd. If we are to believe the MPO Transportation planners that ALL traffic will go to Lower West Branch Rd, and none will use a secondary intersection, then there is no harm in joining Scott Blvd; no one will use this intersection. If traffic at the new Pine Grove Ln/Scott Blvd intersection is expected to be exceptionally heavy, then that is all the more reason to route that traffic directly to this arterial road, rather than detour it through a residential neighborhood. I could envision that this subdivision would create a situation in which many more cars would be coming south on Scott Blvd and wanting to turn left on Lower West Branch Rd at peak times. This could back up traffic along Scott Blvd. Having an additional access on Scott Blvd would not slow traffic, it would speed it up by allowing twice as many cars to take left hand turns into the new subdivision (i.e. via the Scott Blvd/Lower West Branch Rd intersection and the Scott Blvd/Pine Grove Ln intersection). Thank you for your important oversight of City planning and zoning issues and your responsiveness to community concerns. Greg Hamilton, JD 260 Hummingbird Ln Iowa City, IA 52245 gregory-hamilton@uiowa.edu From: Hamilton, Gregory E Sent: Tuesday, February 16, 2016 11:55 AM To: 'council@iowa-city.org' Subject: objection to Item 7b on 2-16-16 City Council agenda City Council Members, I plan to attend tonight's City Council meeting to object to Item 7b: REZONING SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD — ORDINANCE REZONING 9.33 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY (RS -5) ZONE AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR PINE GROVE LOCATED SOUTH OF LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND HUMMINGBIRD LANE. (REZ I 5-00023/SUB 15-00031 I attended the Good Neighbor meeting, as well as the January 7, 2016 Planning and Zoning Commission Meeting. Minutes from that meeting are attached (since they are not in your packet for tonight), and my objections are summarized in the minutes at pages 4-5. My objections fall into two main areas: 1. The new development is too dense. That is, 54 units is too great a total number of units to place on the site of what was formerly Dr. Louis Frank's single family home. I'm pleased at the size of the single family lots (which are greater than either an RS -8 or RS -5 zone would require). I accept that the two four-plexes may be the type of housing that the Northeast District Plan envisioned. However, the 36 unit apartment complex is something that was not contemplated in the Northeast District Plan. This property is currently zoned both RS -5 and RS -8. The proposal is to rezone the whole property RS -8 to help to justify the increased density that the apartment complex would bring. However, even if the whole property is rezoned to RS -8, the total number of units creates a density is significantly greater than the historical density of 5.2 units per acre for RS -8. The density is obviously even more out of line when considering the current split of RS -5 and RS -8 zoning. This issue was not discussed at all by the Planning and Zoning commission. 2. Having the newly created Pine Grove Ln intersect with Hummingbird Ln is undesirable for a variety of reasons. Note that the original proposal put forth by the developer called for a cul-de-sac with access off Lower West Branch Rd; the neighbors on Hummingbird also support a cul-de-sac, or (in the alternative) a second entrance to the subdivision on Scott Blvd, rather than Hummingbird Ln. City Planning and Zoning staff acknowledge that Hummingbird Lane is narrower than the current subdivision standards for residential streets. The MPO Transportation planners acknowledge that there is no reason to access Hummingbird Ln, since there are no "employment centers, schools and shopping centers" in the direction of Hummingbird Ln, and Lower West Branch Rd is adequate to handle the traffic flow from this new subdivision. (see "traffic" at page 2 of the 1-15-16 Planning and Zoning Memorandum, found on page 174 of tonight's meeting packet). The proposed 36 unit apartment complex is at the intersection of the major roads of Scott Blvd and Lower West Branch Rd.; it does not make sense to detour this potentially heavy traffic flow through a quiet residential neighborhood which is not in the direction of any conceivable destination. The Northeast District Plan contemplates the possibility of cul-de-sacs, and there are many in the area. Another new development on the east side of Iowa City accesses Scott Blvd. No rationale was provided for rejecting the original cul de sac proposed by the developer, or for not allowing access to Scott Blvd. Thank you for your careful attention to this issue. Respectfully, Greg Hamilton, JD 260 Hummingbird Ln Iowa City, IA 52245 g_regoD-hamilton(a uiowa.edu 6 Prepared by: Ronald Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 11 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, "STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2015) the City of Iowa City is authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for said utility; and WHEREAS, stormwater utility rates fund the stormwater utility system over time; and WHEREAS, the flat rate for an Equivalent Residential Unity (ERU) will increase from $3.50 to $4.50, and the multiplying rate for non-residential properties will increase from $1.50 to $2.00. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6, entitled "Stormwater Utility Fee" is hereby amended by increasing the fee to $4.50. SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled "Determination of Storm Water Utility Charge", Paragraph 3, is hereby amended by substituting one dollar fifty cents ($1.50) with two dollars ($2.00). SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect July 1, 2016. Passed and approved this day of '2016. MAYOR App b ATTEST: _ Id CITY CLERK City Attorney's Office Ordinance No. Page 2 It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 03/01/2016 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the 13 CITY OF IOWA CITY MEMORANDUM Date: February 25, 2016 To: Tom Markus, City Manager From: Simon Andrew, Assistant to the City Manager Re: Transportation Network Companies Introduction City staff continues to receive an increasing amount of public input and requests for information regarding ridesharing services known as transportation network companies (TNCs), such as Uber and Lyft. City Council is scheduled to discuss the issue at the March 1, 2016 work session and will have an ordinance on the formal meeting agenda for their consideration. History/Background In 2014, there were a series of alleged sexual assaults in Iowa City in which the suspect was a taxi driver. The Iowa City Police Department (ICPD) spent over 200 investigative hours attempting to verify which drivers were on the road at the time the alleged assaults took place.' Taking the time to identify drivers slowed the investigative process, thus allowing more time for the suspect to elude police and potentially continue to commit such crimes. As a result, the City began the process of reviewing taxi regulations during the summer of 2014 in order to develop a regulatory framework which would provide better information to ICPD in potential future cases similar to the one described above. When this process was reported in the media, a representative from Uber, a national ridesharing service or TNC, contacted the City to inquire whether the proposed ordinance revisions could potentially allow the TNC model to operate within Iowa City. Ultimately, the ordinance revisions that were adopted allowed for the TNC model with regulatory provisions discussed in more detail below. However, it has become clear that while TNCs are technically allowed to operate, current regulations have acted as a disincentive. Current Regulations Currently, TNC regulations are embedded within the chapter of City Code regulating taxis. There are different regulatory frameworks for different service models; the rationale for the most notable of these differences is included below, along with provisions that apply to both models. This is not a comprehensive list, but includes the topics most germane to the current discussion. Unique color schemes. One of the problems in investigating the alleged assaults in 2014 was that the victims were not certain with which company the suspect was driving. Unique color schemes allow ICPD to more quickly identify which company or companies should be the focus of an investigation. As the TNC model provides passengers with driver, vehicle, and route information before and after rides, unique color schemes are not necessary for obtaining the necessary information to complete an investigation. Passengers can provide this information to ICPD immediately. This is discussed in the context of the 2014 investigation below. Taximeters, dome lights, and lettering. Visual cues are required for vehicles with drivers who solicit passengers and/or can be hailed on the street. This is important so that passengers know the vehicle in question is actually operating as a taxi. Taximeters are required so that passengers can verify that they are being charged the fare that is posted. The TNC model does not include on -street passenger solicitation or street hails. Passengers always receive the driver and vehicle information before engaging in a ride and thus are aware that the vehicle and driver in question are operating for the TNC. Passengers are provided fare information prior to accepting the ride and can decline the ride if the fare is more than they are willing to pay. - - - - Local driver registrations, background checks, and vehicle inspections. These provisions are currently requirements in both the traditional taxi and TNC service models. Local driver registrations and background checks are discussed below. Availability of Information and Transportation Options There are a number of considerations for Council to be cognizant of in terms of the information available to passengers and ICPD as different regulatory frameworks are reviewed. There are some clear benefits in the information provided to passengers in the TNC model when compared to traditional taxis, just as there are real-world situations in which local driver registrations have benefits in the availability of information that the TNC model does not provide. These differences must be weighed against one another and are ultimately a policy decision for the Council to make. It is also important to remember that ordinance changes enacted now can be amended again in the future as this rapidly changing industry continues to evolve. It would be impossible to anticipate every future technology or service delivery method. Available transportation options after alcohol consumption. Perhaps the most obvious and important benefit to additional transportation options is the availability of as many choices a possible for the public to obtain transportation after consuming alcohol without driving themselves. A study recently released by Mothers Against Drunk Driving (MADD) and Uber is ** attached. TNCs provide the passenger with driver, vehicle, and fare information prior to the ride. An email with this information is also sent to the passenger after the ride. The driver's first name, photograph, make and model of vehicle, license plate number, and estimated fare are all communicated to prospective passengers before the passenger gets in the vehicle. After completion of the ride, this information is also emailed to the passenger and accessible through the TNCs smartphone application. This is of significant benefit when considering the information available to passengers and ICPD in the event of an investigation. In the case of the alleged sexual assaults noted above, victims would have immediately been able to communicate this information to police. This would have virtually eliminated the time it took to investigate and identify the suspect. Police officers would have immediately been able to use the driver and vehicle information to track down the suspect, potentially avoiding additional assaults. TNC applications track rides using GPS technology. Passengers are able to verify their location during the ride, ensuring the most direct route. Passengers may also share their trip information that allows others to monitor their location. ** Late handout This is a feature that helps passengers and others to verify a passenger's location in a manner that is typically not available in a traditional taxi model. Local driver registrations and background checks provide additional information to ICPD. There are real-world examples in which local driver registrations and background checks can make staff aware of illegal behavior and allow for the revocation of a license. This is not present in the TNC model; it is dependent upon the City being aware of the identity of drivers. For instance, ICPD arrested a person for operating while intoxicated (OWI). Given that staff knew the individual was a taxi driver, the City was able to immediately revoke the individual's license to be a taxi driver. In Iowa, the person arrested can keep his/her driver's license pending a hearing before the Iowa Department of Transportation. Thus, in this instance the driver could continue to drive for a TNC as he/she would have a valid driver's license, the TNC would not know of the arrest, and the City would not know the individual was a TNC driver. In another example, pursuant to a search warrant, ICPD along with federal agents seized a computer as part of a child pornography investigation. Again, ICPD knew the individual was a taxi driver and the City revoked the taxi permit. The two examples above are cases in which ICPD was involved in the arrest or investigation. If the crimes were committed in another jurisdiction, the City may not have been aware of the crimes until a background check or other investigation was conducted. An Uber representative provided the information below when presented with these two cases: "There are differences between the city's method for regulating the taxi industry compared with the type of regulatory scheme that would allow for the TNC industry to operate in Iowa City. A central component of each scheme is the desire to provide for a safe environment for citizens and visitors, riders and drivers, and the general public, that are simply not available with traditional transportation options. Before the trip: No street hails or waiting outside for a ride - riders can wait for their ride in the safety of their building and not on a street curb next to moving vehicles or in bad weather. No discrimination - All rides are blindly matched to the closest driver -partner, meaning there is no discrimination in the matching process. Trips are not anonymous - Unlike traditional transportation options, once a rider is matched with a driver -partner, the rider receives a photo of their driver -partner, the make, model and license plate of the vehicle and can see whether previous riders have had a good experience with them. During the trip: GPS tracking - Each trip is tracked for the duration of the trip which allows us to know, in real time what riders and driver -partners are riding together. Further, this allows us to provide detailed trip information to law enforcement, should it be properly requested, if an incident were to occur. Share your current trip information - Riders are able to easily share their trip details with anyone they choose, allowing the other person to monitor the location of the rider and driver -partner. Cashless experience - Since all payment is electronic, the Uber system eliminates potential risks and conflict that can arise from disputed fares, lack of cash or fare evasion. Further, this is particularly advantageous for driver - partners as carrying large amounts of cash can make them a target for crime. After the trip: Feedback and ratings after the trip - Riders and driver -partners rate and provide feedback after each trip. These comments are monitored in real time and allow us to quickly discover dangerous situations which can lead to immediate deactivation from the platform. Deactivated drivers are immediately prevented from connecting with a new passenger. 24/7 support - Have any sort of issue with your trip? No problem. We have a support team monitoring contacts 24/7. Receipts - Each trip generates a receipt, including driver -partner name, route and amount, which is emailed to the rider shortly after the trip Anytime: Working with law enforcement - when provided with valid legal process, we collaborate with law enforcement on investigations (e.g. providing trip logs, rider/driver-partner information) Blocking future matches - If a particular rider or driver -partner has a bad experience with the other party, we are able to block future pairings of those two parties reducing the chance for escalation down the road, while allowing both parties to still take advantage of the Uber platform. Taken together, we think our technology provides a comprehensive safety platform, and we frequently hear from our riders and drivers about how safe they feel using Uber. It's a big reason riders select Uber over other alternatives. That said, no system is perfect. For example, in all of the situations you listed in your note, a driver whose taxi license has been revoked could still get in his properly marked taxi to provide rides. Alternately, with the Uber platform, since it is based in technology, there is no way for a driver -partner to complete trips if their account has been deactivated. And, if we were to learn that a driver -partner had been accused of a crime like the one you reference in question ... we could immediately deactivate their driver -partner account upon hearing of this claim. The driver would immediately be unable to complete another trip." Police departments have access to records that most background checks do not. In the state of Iowa, a person who pleads guilty or is found guilty of a crime may be granted deferred judgment. Essentially, there are some cases in which a person who does not commit another crime for a period after a deferred judgment no longer has a public record of the matter in which he/she plead or was found guilty. This would not be found during a typical background check, though ICPD would have access to this information. Ordinance for Consideration Fundamentally, the proposed ordinance separates TNC regulations from the portion of City Code that regulates taxis. The ordinance would require TNC businesses to obtain a City license; drivers operating for approved TNCs would not be required to have local registrations, local background checks, and vehicle inspections. A licensed TNC would be required to perform background checks on its drivers. In order to obtain a TNC license, the company would need to provide proof to the City that the TNCs third party background check provider possesses current accreditation by the National Association of Professional Background Screeners (NAPBS). The City may require a TNC to remove a driver from their system or revoke the TNCs license to operate with good cause. A TNC would be required to provide each passenger with a picture of the driver, vehicle license plate number, and estimated fare prior to the ride. An electronic receipt after the ride would also be required. Street hails and cash trips would be prohibited by TNCs. Driver requirements include but are not limited to: Drivers with three or more moving violations or one major violation in the preceding three years would not be allowed to operate through a TNC. Drivers who have been convicted within the past seven years of driving under the influence of drugs or alcohol, or have been convicted at any time of fraud, sexual offenses, the use of a motor vehicle to commit a felony or a crime involving property damage would not be allowed to operate through a TNC. A TNC would be required to maintain individual trip records for a minimum of one year. TNCs would be required to permit the City to audit and examine a reasonable sample of the TNCs records to verify adherence to the company's City license requirements. City staff requested a prohibition against the use of tobacco while a passenger is in a TNC vehicle. An Uber representative responded with the statement below. The prohibition of tobacco use is not in the ordinance on tonight's agenda. "We were surprised to see this prohibition added. It is not something that has been required of TNC drivers in any other jurisdiction that I'm aware of, and not something that we would support in Iowa City. We support the goals of providing a safe and healthy ride experience for riders and drivers and feel strongly that those issues are addressed through other aspects of the technology, including the rider and driver feedback loop, rating system, and others." Options for Council's Consideration Continue under the current regulatory framework. While TNCs are technically allowed to operate under current City Code, Uber has indicated that the company does not intend to operate in Iowa City under this framework. Lyft, Sidecar, and other ridesharing companies have not expressed interest in the market to City staff's knowledge. The current ordinance was adopted nearly a year ago; it does not appear that TNCs will come to our market under these provisions. 2. Amend City Code. There is a proposed ordinance on Council's March 1, 2016 formal meeting agenda. The most notable impacts of the changes involve local driver registrations, local background checks, and vehicle inspections, understanding the availability of information differences discussed above. 3. Exempt TNCs from local regulations. The City does not regulate some forms of transportation, including limousines, airport shuttles, and charter transportation services. City Code could treat TNCs in this same manner, similar to how the City of Cedar Rapids has treated TNCs thus far. The City of Ames does not regulate either traditional taxis or TNCs and Ames' City staff has indicated that they have not experienced negative public safety effects which would lead them to enact regulations. Of course, each city and campus is laid out differently and has unique considerations. Previous Public Input and Council Deliberation Copies of information considered by Council during 2014 and 2015 are attached, as well as the City's current license application materials. Council also received in excess of 100 emails regarding TNC services that are not reproduced here. Below is a non -exhaustive timeline of discussions and correspondence from 2014 and 2015. • February 12, 2014 memo from the City Clerk to Council regarding taxi regulations, particularly how they apply to peak demand during University of Iowa football season. Also included with this memo is a summary of a February 4, 2014 meeting with taxi companies. This meeting was held prior to discussion about TNCs. • July 18, 201-4 memo from the Chief of Police to the City Manager regarding ordinance recommendations after the alleged sexual assaults. The memo outlines the difficulties ICPD experienced in obtaining timely and accurate information when investigating the alleged assaults. The memo highlights the need for timely information and the recommendations contained in the memo were noted as measures that would aid ICPD in obtaining this information. • August 19, 2014 Council work session discussion of the Chief of Police's taxi recommendations. Council directed staff to conduct a forum with taxi businesses. • September 9, 2014 forum with taxi companies as directed by Council. The focus of this forum was not TNC operations and roughly coincided with the first contact Uber representatives made with the City. • November 25, 2014 Staff memo to the City Manager regarding proposed taxi ordinance revisions intended to address both the availability of information in the event of investigations and the operation of TNCs. The memo and proposed ordinance were copied to taxi businesses, Uber representatives, and the cities of Cedar Rapids, Coralville, and North Liberty. • December 16, 2014 work session discussion of the proposed ordinance revisions. By this time Council was receiving correspondence regarding TNCs from taxi companies, Uber, and the public. • December 18, 2014 - first reading of the proposed ordinance. • February 11, 2015 open house specific to color scheme and city -issued identification provisions held for taxi companies. • March 4, 2015 - adoption of the ordinance. Conclusion There are potential advantages and disadvantages to different regulatory frameworks in terms of the information available to passengers and ICPD. Council has received a great deal of public input regarding taxi and TNC regulations over the last two years, including correspondence from taxi companies, local businesses, University students, and the general public. It is unlikely that Council will receive new information regarding TNCs, either in support or opposition; additional correspondence will likely be reiterations of previous communications. This is a policy decision for Council to make and ample correspondence has been submitted. This is a rapidly changing industry and there are a number of emerging issues not discussed in this memo. For instance, the Pinellas Suncoast Transit Authority (PSTA) in Florida has partnered with Uber to expand public transit service. Uber rides to bus stops are subsidized to help bridge a gap in the transit service; there is an article more fully explaining this program attached. There are also potential benefits to downtown parking availability not discussed here. SAFETY WITH UBER Uber's technology makes it possible to focus on safety for riders and drivers before, during, and after every trip in ways that have. neverbeenpossible. before._ BEFORE GETTING IN THE CAR No more street hails or waiting outside to find a ride. A rider can start the Uber app from anywhere and wait safely inside for the car to arrive. No discrimination. No ride is too long or too short. All requests are blindly matched based on the closest available driver -partner, meaning that there is no discrimination based on race, gender, or pick-up or drop-off location. Day or night, people can safely get to their destination, even if it is hard to reach. Trips are no longer anonymous. When a driver -partner accepts a request, a rider sees his of her first name, photo, vehicle model, and license plate number. Riders can also check whether others have had a good experience with him or her. DURING THE RIDE Never get lost. The location is clearly marked so riders know where they are on their journey -- and if they are on the right route. Share your location. Riders can easily share their trip details -- including the specific route and estimated time of arrival -- with selected friends or family at the touch of a button. No need for cash. Because payments can be made automatically and securely via the credit card, debit card, or PayPal account on file, riding with Uber significantly reduces the potential risk and conflict that can stem from disputed fares, lack of cash, or fare evasion. This is particularly good for drivers because carrying large quantities of cash can make them a target for crime. AFTER ARRIVING AT THE DESTINATION Feedback and ratings after every trip. Riders and driver -partners are required to rate each other and provide feedback for every trip before requesting or accepting another ride. 24/7 support. If riders or driver -partners have any questions about their trip, or if they need to report an incident, our customer support team is ready to respond to any issues. Rapid response. We have a dedicated Incident Response Team to answer any urgent issues. If we receive a report that there has been an accident or incident, we can suspend the relevant parties and prevent them from accessing the platform until the matter is resolved. BEHIND THE SCENES Contact drivers without providing personal information. Uber uses technology that anonymikes riders' and driver -partners' phone numbers so that they do not have each another's real contact details. Always on the map. Global Positioning System (GPS) data for all rides on the Uber platform are toed so we know which driver -partners and riders are riding together and where they are for the duration of the r trip. GPS also enables us to verify the efficiency of every route being used, which creates accountability an a strongii incentive for good behavior. Working with law enforcement. In cases where law enforcement provides us with valid legal collaborate with them on investigations, e.g. by providing trip logs. LMMMA ■_7 $24 T w �iJ r I i New technologies, such as GPS mapping, improve safety and increase accountability Riders can let family and friends know the first name of their driver and where they are in real time Two way ratings and feedback we enable a constantly up to date quality assurance system 1 WHO'S BEHIND THE WHEEL? Always up-to-date documentation. Driver -partners must provide their licensing and vehicle documentation before being able to drive on the Uber platform. Our system keeps track of every document's validity; if a document expires, Uber's system automatically prevents the driver from working on the platform until their documents are in order. Zero tolerance policies. In the event of dangerous behaviour by a rider or driver -partner, Uber's response team can deactivate that person's account, immediately preventing him or her from accessing the platform again. This removes incentive for bad behavior and prevents it from being repeated on the platform. Driver -Partner Pre -Screenings. Every Uber driver -partner undergoes a pre-screening process before he or she is allowed to access the platform. This includes both a criminal and driving history check, as well as minimum vehicle requirements. Below are the requirements for Uber's pre- screening process in the United States, with some variance to account for local requirements. U B E R P2P LIVERY AGE AND DOCUMENTATION Age If age 21 or 22, the applicant must have a driver's license for THREE or more years Age 21 or older with 1 year of licensing If 23 or older, the applicant must have a driver's license for ONE or more years Documentation Valid personal auto insurance that meets or exceeds state requirements Valid commercial auto insurance Valid commerical registration Valid licensing DRIVING HISTORY Minor Violations No more than THREE in past THREE years No more than FIVE in past FIVE years Non-fatal accidents, moving violations, speeding tickets, traffic light violations Major violations None of the following in the last THREE years Driving on a suspended, revoked or invalid license or insurance None of the following in the last SEVEN years DUI or drug-related driving offenses Speeding 100+ MPH, hit and run, reckless driving, street racing or speed contest CRIMINAL HISTORY None of the following in last SEVEN years Any felony Any driving -related offenses Violent crimes Sexual offenses Child abuse or endangerment More than three misdemeanor offenses not otherwise specifically listed U B E R PSTA joins with Uber and United Taxi to boost bus access - Tampa Bay Business Joumal Page I of 3 41" rrom the Tampa Bay Busir�ess JOUrnA Jo4is-%vith u ber-a Ind -cab -cornpa ny-to .1,)oost-bi,,-sJ,rn I pSrl,i A, Iri M el I ( ber and, lea 11) ,J 11, s W I I . ......... J COMP2,1111T tiol bloost biIIis access III , � � c; 4 ��: 3 4 U I liI 0 1 111 El a � I �I I 1IL; p, a,R't Il �21,11 2 � V I I " 61 pvvl 1"'I""'111""'i A public-private partnership is being touted as a solution to the region's mo common public transportation barrier access to a bus stop. In order to get riders to stops, Pinellas Suncoast Transit Authority has partnered with ridesharing giant Uber Technologies Inc., and United Taxi to introduce "Direct Connect." Under the partnership, PSTA will pay half the cost of an Uber or United Taxi ride - up to $3 — that is destined for a PSTA bus stop and within a designated geographic K:one. easy Tor someone to get to the bus stop, riding the bus PSTA joins with Uber and United Taxi to boost bus access - Tampa Bay Business Journal Page 2 of 3 becomes a real transportation PSTA wi l p3;, h. -,If th : of _.n Uber or Unit::c: Taxi rice -- tip to 3 -- tilt is alternative," PSTA CEO Brad Miller said destfned for a PSTA bus stop avid within in a statement. dasig i.)ted g,..ogr_,nhic zone. "By helping to bridge the gap on the first and last mile for commuters, this innovative public-private partnership will complement and extend the reach of the existing transportation infrastructure in the region and open up more opportunities in the community," said Christine Mitchell, Uber's general manager for Tampa Bay, in a statement. PSTA estimates it will save over $100,000 a year with Direct Connect. Previously, it was costing around $160,000 a year to service those areas with connector buses. Direct Connect is costing PSTA $40,000. A group of state legislators and businesspeople recently joined to launch Floridians for Ridesharing, a coalition that supports transportation network companies such as Uber and Lyft. The coalition has called for the passage of HB 509, a statewide regulatory and insurance framework for ridesharing platforms. In addition to the insurance provisions, HB 509 also spells out the requirements for background checks of drivers, as well as the requirements for TNC drivers to be categorized as independent contractors as opposed to employees. Last month, Tampa was named the No. 2 city in Florida when it comes to Uber transactions, according to a study conducted by Certify, a provider of cloud -based travel and entertainment expense reporting software. United Taxi Clearwater also offers an app for smartphones and mobile devices, much like Uber. PSTA will hand out $3 vouchers in order to cut the cost and time for residents who don't live near a bus line, according to United Taxi. The pilot program will focus on Pinellas Park and the East Lake area of northern Pinellas County — an area where the program is intended to reduce unnecessary and costly bus routes. http://www.bi4ournals.comltampabay/news/2016/02/22/psta joins-with-uber-and-cab-com... 2/25/2016 PSTA joins with Uber and United Taxi to boost bus access - Tampa Bay Business Journal Page 3 of 3 Direct Connect intends to allow riders to use Uber (in Pinellas Park) or United Taxi (in Pinellas Park and East Lake) to travel within a geographic zone to or from a series of designated stops. From there, riders can connect with the regular PSTA public transit bus system. On the return trip, they can use Uber or United Taxi to travel from the designated stop back home or to work (within the zone). Frances McMorris Reporter il Tampa Bay Business Journal http://www.bizjouniais.comltampabaylnewsl20l6/02/22/psta joins-with-uber-and-cab-com... 2/25/2016 Checklist for Metered and Network Taxi Operations No taxi business applications will be accepted after May I" for the current license year. Taxi Business Application $20.00 (annually) Must be filed by May 1st A. Department of Criminal Investigation History Report (for each owner) Applicant is responsible for obtaining report. Separate "DCI' form enclosed. ($15.00 If mailing or faxing.) If reports are requested through the Clerk's Office allow 7 business days for replies. B. Certified State of Iowa Driving Record (Can be obtained at Driver's License Department at Eastdale Mall, 1700 S. First Ave., Iowa City for I$6.80) C. Rates must be based on time, distance, or a combination thereof, and must include the information shown on the City Clerk rate card template. All other rates, charges, or fees are prohibited, except for extra passenger and dean up fees. Phone number on rate card MUST be some as on business application and answered 2417. [Metered taxi only] D. Minimum of 4 licensed vehicles. E. 24/7 accessible business office. [Metered taxi only] F. Driver must display city Issued identification cards while operating a taxicab in city. G. Color Scheme approval from Police Department [Metered taxi only] Taxi (vehicle) Llaernse Decal Appiica don $85.001 vehicle (MUST BE SIGNED BY BUSINESS OWNER OR PERSON AUTHORIZED TO SIGN FOR BUSINESS) H. Certificate of insurance One certificate listing ALL vehicles for business Including vehicle year, make and VIN number. (Insurance provider must be approved by Risk Manager.) I. Certificate of Inspection from City Equipment Division showing each vehicle passed inspection. J. Taximeters required. Must be calibrated and sealed by a certified calibrator on form provided by the City. (Only one rate certified at a time.) Calibrator certification certificate must be on file in Equipment Division. [Metered taxi only] K. Manifest Log required upon request. Logs must be malntallned and accessible to the City for a minimum of 60 days. L. All decals expire May 3161 of each year. New Inspections and decals will be required and necessary paperwork provided each year. a r Masan ora it r Mar r Maim as raraoaa Mar rrrrrrrarrtarraaarr Munroe•arra Naar r par• City Clerk Authorization: Authorized driver information is available on the city website 24 hours a days, seven days a week, www.loaov.org under Taxioeb information, and in the office of the City Clark- IF lerk IF YOU PLAN ON OPERATING A TAXI IN CORALVILLE, PLEASE CHECK WITH THEM ON THEIR REGULATIONS, phone 8248-1700. NOTE: If your taxi business will be driving on state highways or the Interstate you should check with IDOT Office for motor carrier requirements. Contact: Interstate Authority at (515) 237-3224. oterkAXWTR wis%1Nr&C■bYrM1s.doc IDENTIFICATION NO. j % 1 (Office Use Only) °' CITY �OWA CITY APPLICATION FOR TAXICAB I MOTORIZED PEDICAB VEHICLE DRIVER (Police Department review must be made between 8 am. to 3 p.m., Monday- Friday) 410 East Washington Street Iowa City, Iowa 52240-1626 Failure to comulete the "reauhed" information will result In denial of the application (319) 356-5040 (319) 356-5497 FAX First Middle Lest 1. Name (REQUIRED) 2. Address (REQUIRED) 3. Contact Information (REQUIRED) Email: Cell Phone: (All written communication sent via email) 4a. Chauffeur's License expiration date (REQUIRED) b. Taxicab Business Mame (REQUIRED) 5. Prior experience in transportation of passengers: 6. Have you ever been arrested I charged with any misdemeanors andlor felonies in this State or elsewhere? Lm of offense Where When What happened to the [Marge? (Circle one) Convicted Dismissed Deferred Suspended Plead Guilty Other 7. Have you been arrested 1 charged with any traffic offenses In the last five years? TypeOoffense Wt�e When What happened to the charge? (Circle oris) Convicted Dismissed Deferred Suspended Plead Guilty Other — 8. Has your driver's license or chauffeur's license been suspended or revoked In the last fire years? Type of gftnse YIC Whan 9. Have you ever applied to be an Iowa City taxi driver ueing a different name? ff yes, please provide the name(s) DEPARTMENT OF CRIMINAL, INVESTIGATION (DCI) REPORT AND STATE CERTIFIED DRIVING RECORD MUST ACCOMPANY THIS APPLICATION FOR POLICE CHIEF REVIEW You must apply for an Individual Department of Criminal Investigation Report (Tonin available upon request). (SECOND PAGE FOR REQUIRED SIGNATURE AND NOTARY) 0212015 APPLICATION FOR TAXICAB VEHICLE DRWER Page 2 1 hereby certify that I have issued to me by the lova Department of Transportation a valid Chauffeur's license number issued on expiring on 'I understand fiat IF I swer falsely anany questions in this applicatlon, that thiie application may be denied. 1 agree that In making the application, I consent to allow agents or employees of the City of Iowa City, Iowa, in their discretion, to examine any and all records and documents relating to this application, and I further agree that, if authorization to be a taxicab driver is granted, to comply at all times with all of the provisions of Title 6, Chapter 2, of the My Code. (Needs to be signed in front of a Notary PuMlc) Signature of Applicant Date STATE OF IOWA ) COUNTY OF JOHNSON ) Subscribed and sworn to before me by on this day of Notary Public in and for the State of Iowa I have reviewed this applicatici% DCI report, and the State oertifled driving record of this Wplicaxrt and have determined that there is no information which would Indicate that the issuance would be detrimental to the safety, health or wdfare of resl- derds of the City of Iowa City (Title 6, Chapter 2, City Code). Expiration date of Chauffeur's license S'kgnature of Police Chief or designee Date AFTER APPROVAL BY THE CITY CLERIC YOU ARE AUTHORIZED TO DRIVE A TAXICAB W IOWA CITY FOR NO MORE THAN ONE YEAR FROM THE DATE LISTED BELOW. Signature of City Cleric or designee Office Use Only Approved application DCI report State certified driving record Website update Date a.rwrAXMPJVB&DWzMftg2DI4@ mModnoa 02015 1 L Check appropriate box Nul .. : R " Metered Taxicab Business: NetA ork Taxicab Business: _ CITY OF IOWA CITY Motorized Pedicab _ (exempt from May 1 deadline) 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-SO40 (3191356-5491 FAX TAXI BUSINESS LICENSE APPLICATION — Due by Mew 1 (Police Department review must be made between 8 a.m. to 3 p.m. Monday— Friday. BUSINESS APPLICATION FEE --$2D 1. Name of Taxicab Business 2. Business Address Email address: (Email address will be used for notification purposes) Name of Metered Business Contact:- Name ontact:Name of Network Representative Contact: & Business DispatchinglOfte Address (metered businesses only) V the office address Is In a residential area; one owner must reside at the address. 4. Business Telephone Number: Name of Office Manager (if any) 5. List of names and addresses of all persons having a financial Interest in the business thereof. (In the case of a corpomillon, LLC, or partnership, all oft -tears, directors, members and persons owning at lest a ten percent interest in the business must be listed,) % Interest Name Address (ToWl should equal 100%) A. B. C. 19 I have mvlewed the application, DCI report, and sulci certified driver's recalls of owners and determined that there Is no Information which would Indicate that the issuance would be detrimental to the safety, health or welfare of residents of the City. (Title 5, Chapter 2, City Code) Police Chief or designee Data Metered taxicab offioe address listed above in residential zone? Yes No Business Owner Name that resides there: — — N.A.D.S. Date Taxicab Business License is issued to: Taxkab Suslness UcgQ.s+as ggrot be sold or assigned. City Clerk or designee (approved only If color scheme on file) Date 2MO BUSINESS ADDENDUM — OWNER INFORMATION (ONE FOR EACH PERSON LISTED IN ITEIIII 5 OF BUSINESS APPLICATION) Business Owner Name Business Owner Address City/State/Zip Email address: (Email address will be used for notification purposes) A. Business Owner's prior experience in transportation of passengers: B. Have you ever been arrested /charged with any misdemeanors and/or felonies in this State or elsewhere? I- -j 4je = What happened to the charge? (Circle one) Where Wia!1 Convicted Dismissed Deferred Suspended Plead Guilty Other C. Have you been arrested / charged with any traffic offenses in the last five years? ,.- -j 4�it-,r,, What happened to the charge? (Circle one) Where When Convicted Dismissed Deferred Suspended Plead Guilty Other D. Has your driver's license or chauffeur's license been suspended or revoked In the last five years? E. DEPARTMENT OF CRIMINAL INVESTIGATION (DCI) REPORT AND STATE CERTIFIED DRIVING RECORD MUST ACCOMPANY EACH ADDENDUM FOR POLICE CHIEF REVIEW FOR EVERYONE LISTED IN ITEM NUMBER 5. F. I understand that if I falsely answer any of the questions In this application, this application will be denied. I agree that in making this applloation, I consent to allow agents or employees of the City of Iowa Cfty, Iowa, in their discretion, to examine any and all records and documents relating to this application, and I further agree that, N authorization to operate a taxicab business is granted, to comply of all times with all of the provisions of Title 5, Chapter 2 of the City Code. (Needs to be signed In front of a Notary Public) Signature Business Owner (Must be one of those listed on Item 5 of Business application) STATE OF IOWA ) COUNTY OF JOHNSON ) Subscribed and sworn to before me by WrkA-W- an"PPAoc Me on this day of Notary Public in and for the State of Iowa VIN # 111[71INSPECTION # CITY OF IOWA CITY TAXI CAB INSPECTION SHEET To be filled out by Iowa City Equipment Division ONLY. YEAR: MAKE: I MODEL: MILES: LICENSE #: STATE: MATCHES COLOR SCHEME: YIN NUMBER OF SEATS INCLUDING DRIVER: CURRENT DECAL? IF YES # NAME OF COMPANY ON VEHICLE (MINIMUM 4.6' HIGH BOTH SIDES) EXTERIOR YES NO HEADLAMPS TAIL LIGHTS BRAKE LIGHTS TURN SIGNALS LICENSE LIGHT REVERSELIGHTS HAZARD LIGHTS PARKING & SIDE LIGHTS VMNDSHIELD WRPERSNVASHERS DOOR GLASS REAR GLASS EXHAUST BUMPERS FENDERS DOORS (EXTERIOR) HOOD TRUNK LID TIRES TRUNK EMPTY OUTSIDE MIRRORS COMMENTS: INSPECTOR INITIALS APPROVED BY: INTERIOR YES NO rSERVICE BRAKE PARKING BRAKE BRAKEPERFORMANCE BEAM INDICATOR REAR VIEW MIRROR SEAT BELTS FRONT DASH CLEAR INTERK)R DOME LIGHT SEAT BELTS REAR REAR DECK CLEAR HVAC SEATS CLEAN FLOOR CLEAN DOOR LOCKS DOOR WINDOWS DOOR HANDLES HORN OPERATION INTERK)R SIGNAGE ROOF LIGHTED DOME RATE CARD DISPLAY CURRENT CERTIFICATE ON FILE METER CERT. FORM Date: (NO FADE) (HOLDS IN DRIVE) Inspection is valid for 45 days from date of inspection ALL OPERATIONAL ALL OPERATIONAL ALL OPTIONAL �(ggkMING - RECEIPT - EIOP METER - DRIVER ID) REINSPECTION (IF REQUIRED) PASS I understand that this Is a statement that the Iowa City Equipment Division checked the vehide described above and does not, in any way, guarentse the medtanical condition of the vehide. I agree to hold harmlew the irmpector and the City of Iowa CRY from any loss or damage that might arise due to the condition of this vehicle. OPERATOR SIGNATURE PRINT NAME DATE wpddw*quiRC7kxCAMnappeNwObothidW yw- 4r- IN&VI . MEMORANDUM 13 Date: February 12, 2014 To: Mayor & City Council M 1�� COPY From: Marian K. Karr, City Clerk 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 4"' 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 changes were made in the original staff proposal and that ordinance is included on the February 18 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 4t' 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 18"' 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. sAwd:memochanges.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 cop 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 agenda. Section 5-1-1 (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, babble 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: Clumped 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 agenda 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 5-1-/0 TERMS OFDECALSAND A UTHORIZA TION, 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 aeenda• Correspondence received at meeting from: • Redline Cab • American Taxi; Jowan Cab; Number One; Vienna (Vina) Sun, Pink'sri n� Prepared by City Clerk REVISED 2-10-14 5-2-1: DEFINITIONS: e'F -1 As used in this chapter, the following definitions shall apply AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at 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 filed 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 charqed 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 1 Pa R 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:®EJ 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. V 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 P 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 311'zFe, 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 immediately within -2 business days of when the vehicle -is is no longer operatin�c 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: Vi O 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 41Paae REVISED 2-1: 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 . (Ord. 12-4510, 12-18-2012, eff. 5-1-2013) 1. 5-1-2013) 5-2-4: VEHICLE INSPECTION REQUIRED: t'0 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 R 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. 9noenotified, the liGe ;see mus E have the resat will be . rr.+re[r.�zr.+�nr. rrs+�rr. nm n 5-2-5: STATE CHAUFFEUR'S LICENSE REQUIRED: ®EJ 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 LJ 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_[Paae REVISED 2-10-14 C. Issuance Or Denial Of Authorization: 1. 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. 124510, 12-18-2012, eff. 5-1-2013) E. Each driver shall maintain manifest lops 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 driver's current shift. 5-2-7: RATES; HOURS; COMPLAINTS: #J A Display Of Rate, Hour And Complaint Procedure Card: 00 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 O shall be filed with the city clerk. T-he-rate-sbarged with the city clerk 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 at 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 71111f,( 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) 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 fling 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:tJ 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 CJ application and rate card. Airport shuttles are exempt from the lighted dome requirements. (Ord. ��� 12-4510, 12-18-2012, eff. 5-1-2013) 8 1 P a R 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) 5-2-10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: CEI 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-4isense that will expires , 2013 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 - decal that-wiRexpireon February 28, 2013 shall be extended toUay 31,201' D. Renewals shall follow the same procedure as set for initial issuance. n 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:'rI 9 Pa E 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 city'. 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 : 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:O 1. Every horsedrawn vehicle shall conform to such requirements as may be imposed by state law with 0 respect to equipment. , _�/ 10 Page `—� 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: Tl (Ord. 10-4402, 8-31-2010) 5-2-13: REVOCATION OF LICENSES AND PERMITS:' Lj 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': T1 D 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: 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) 111Page 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 driver -6tand or park a -taxicab -on any3iceet-a>`aay {lase ether than in a designaled taxiGab 6tand. App! Gatian for a vehide stand shall be Made a!GR@ with a fee as determined by the Gity manager, OF designee, and adapted by the Gity round . This prevision shall net -prevent tThe driver of a taxicab may from 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) 0 0 12 1 Pa R 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 the18t' 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. W � CITY OF IOWA CITY aj _,..._ MEMORANDUM Date: July 18, 2014 To: Tom Markus, City Manager From: Sam Hargadine, Chief of Police Re: Taxicab Ordinance Recommendatlons The use of taxicabs during or surrounding the commission of crimes is not uncommon. Police Investigations often involve the need to contact cab drivers and companies to locate suspects, witnesses, and victims. The types of investigations are widespread and can include any type of crime where a taxi was used as a mode of transportation; such as robbery, burglary, assault, theft, etc. Timely resolution to these Investigations is of the utmost importance to the Iowa City Police Department and has a direct impact on the community's safety when a violent offender remains free. This was the case during a recent sexual assault investigation. As a result, City personnel have discussed areas of concern and have constructed five recommendations, which are included below. 1. During a recent sexual assault investigation the owner of a taxicab company was unable to provide. accurate or timely information about the company's current vehicles or drivers. The owner simply did not know who was driving for the company or which company or independent vehicles were being driven. At the time of the mine this information was not required to be kept by tax! businesses. Investigators spent in excess of 200 hours within a week tracking down possible drivers/cabs and compiling a spreadsheet that contained information that a company should reasonably be able to produce upon request. This greatly slowed the time that it took to Identify and arrest a suspect in the case, thus allowing more time for the suspect to elude police and potentially continue to commit such gimes. Crimes such as burglaries, thefts, robberies, etc. frequently involve the use of taxi cabs somewhere in the course of the events. Investigations Into these types of crimes have also been hindered by the iack.of information. Often times a report is not made until a later date. When the investigating officer contacts a company it can be extremely difficult, if at all possible, to determine who had been working at the time the Incident occurred and/or what vehicle was involved. As a result, we recommend that companies be required to hire drhmrs as amplayaes of the business and for the vehicles to be owned by the business. This would undoubtedly result In Investigating officers being able to access pertinent information with regards to vehicles and drivers because owners would have an expressed Interest beyond simply collecting fees from drivers. Currently, numerous drivers operate as independent contractors and simply pay fees to the business for the right to use the company name on privately owned vehicles. The exact number of drivers and vehicles is unknown due to the lack of information on the owners' parts. When asked in a recent Informal poll, most owners were only able to give estimates or guesses as to the number of drivers under their company name. Only two companies were able to provide an accurate count by checking their records. It is also not uncommon for some owners to contact the City Clerk to inquire about the number of vehicles they currently have operating. As an Indirect impact,'employing drivers will also provide benefits to those drivers that they do not currently have, such as workers' compensation, unemployment benefits, and minimum July 18, 2014 Page 2 wage or greater earnings. Additionally, the business would contribute to Social Security and Medicare. 2. Require companies to dboafth from an accessible office 24 hm/day. This would provide for an easier contact to the company and quicker access when trying to get in touch with a driver. All Information about trips could be kept by the dispatcher and would be easily retrievable upon request. This would provide real-time manifest Information by the companies in addition to the current requirement of manifests being maintained by drivers, thus establishing a system of checks and balances. This would be of great benefit when conducting criminal investigations to corroborate information that Is provided to Investigators. Again, in the recent sexual assault investigation, Investigators spent several days and hundreds of hours attempting to locate and contact possible drivers and vehicles for a particular company. There was no oversight by the company and the owner had no Information about who was working on a particular night. An accessible business office with a dlspatclror, who has Immediate contact with drivers, would eliminate this issue and allow officers to gather useful Information in a timely manner, thus reducing the time required to investigate an incident and reducing the time that an offender would be able to remain free. 3. city issued iDs for drivers that include photos. This would allow for the City to maintain a more comprehensive database of driver information. In the example of the sexual assault investigation, investigators could have quickly and easily had access to all drivers' information rather than relying on the owner to provide it, and ultimately spending hundreds of hours creating a list themselves. This information would also be useful In other investigations that may Involve taxis, such as thefts, assaults, burglaries, welfare checks, am When combined with accurate lists of vehicles and drivers from the company, a comprehensive database would greatly reduce the time to identify individuals and bring an investigation to timely conclusion. Standardized City issued IDs would also provide safety/security to customers of taxicabs. The Information could be in a standardized format across all companies, thus being more easily read by customers, and including a photo would allow the customer to compare to the driver of the ,�,---•: taxi in which they are riding. t4 4. Require unique color schemes for each company. One of the most common problems that the Police encounter when Investigating taxicab related issues is that customers can not identify the [j company of the taxi that they used. Often times they are only able to provide a color and type This to of vehicle. This was the case during the recent sexual assault investigation. contributed the length of time that It took to Identify and make an arrest in the case as well as the time that it took to dear a company that was initially identified by the victim. Unique color schemes would allow for identification, even if a customer was not certain of the company name. 5. Requirea signaturenaoeiptfor an Infonmatlonai pacfaat regarding Iowa Cfty taxi ordinances before drivers are able to be licensed by the City. One of the common responses that officers hear when addressing violations with drivers is that they are not aware of the current laws/requirements. Being educated on the laws could reduce the number of violations by drivers. July 18, 2014 Page 3 The ability to gather accurate information in an efficient manner Is important in bringing criminal Investigations to a timely conclusion. In addition to identifying suspects and determining applicable charges, suspects and companies can also be cleared of involvement much sooner when useful information is available. This is not currently the case with regards to several of the taxicab companies In lows City. The lack of information and accurate recordkeeping by some has hindered Investigations and monopolized investigators' time on tasks that should have been able to be completed in a matter of minutes, certainly not days. The above recommendations would address these Issues and enable investigating officers to reach a quicker resolution to cases, thus providing greater safety to all who live in, work in, or visit the Iowa City community, just as similar regulations have been used in many other cities to protect their community members. Realising that these recommendations are significant changes to the current requirements of companies and drivers, a phase-in period would be welcomed to assist in the transition. The intention Is not to create hardships for owners and drivers, but rather to provide the greatest level of safety that can be offered to our community. Recently, Chief of Police Hargadine proposed several recommended changes to Iowa City's taxicab ordinance. i would like to take the opportunity to comment on these recommendations. The safety of the taxi -riding public is a primary concern, both for taxicab companies and local governments. We all have a vested Interest In ensuring that passengers are transported in inspected, insured vehicles, staffed by trained, screened and licensed drivers. The recent sexual assault investigation referenced by Chief Hargedine demonstrates that more can be done to ensure that local authorities have the ability to obtain timely and accurate information in order to achieve a quicker resolution to such important matters. It actually harms all taxicab companies when the public believes that there exists an unidentified driver possibly at large, committing sexual or other offenses. Chief Hargadine has proposed many changes to the code that we at Yellow Cab of Iowa City support. We think that requiring companies to dispatch from an accessible dispatch offloe 24 hours a day will greatly assist police during the initial phase of any investigation. If drivers and companies can be quickly eliminated as the source of a problem, police might apprehend an offender before a repeat violation occurs. Requiring unique color schemes for individual taxicab companies would conceivably eliminate most taxicab companies from suspicion immediately, when the investigation is first begun. Many taxicab companies currently use many different colors on their vehicles, making it more difficult for passengers to realize which taxicab company they are patronizing. Requiring unique color schemes would also allow taxicab companies to effectively'brand' themselves, enjoying the rewards of providing excellent service at the posted rate(s). Last year, one of our competitors used a vehicle painted very closely to the shade of yellow that we have used for J� << Yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 f� pry (319) 338-9777 www.yelioweable.com $�'� N O Date: August 18, 2014co '-- c-a To: Iowa City City Council -0 � From: Roger E. Bradley, Manager, Yellow Cab of lora City Cry Re: Taxicab Ordinance Regulations Recently, Chief of Police Hargadine proposed several recommended changes to Iowa City's taxicab ordinance. i would like to take the opportunity to comment on these recommendations. The safety of the taxi -riding public is a primary concern, both for taxicab companies and local governments. We all have a vested Interest In ensuring that passengers are transported in inspected, insured vehicles, staffed by trained, screened and licensed drivers. The recent sexual assault investigation referenced by Chief Hargedine demonstrates that more can be done to ensure that local authorities have the ability to obtain timely and accurate information in order to achieve a quicker resolution to such important matters. It actually harms all taxicab companies when the public believes that there exists an unidentified driver possibly at large, committing sexual or other offenses. Chief Hargadine has proposed many changes to the code that we at Yellow Cab of Iowa City support. We think that requiring companies to dispatch from an accessible dispatch offloe 24 hours a day will greatly assist police during the initial phase of any investigation. If drivers and companies can be quickly eliminated as the source of a problem, police might apprehend an offender before a repeat violation occurs. Requiring unique color schemes for individual taxicab companies would conceivably eliminate most taxicab companies from suspicion immediately, when the investigation is first begun. Many taxicab companies currently use many different colors on their vehicles, making it more difficult for passengers to realize which taxicab company they are patronizing. Requiring unique color schemes would also allow taxicab companies to effectively'brand' themselves, enjoying the rewards of providing excellent service at the posted rate(s). Last year, one of our competitors used a vehicle painted very closely to the shade of yellow that we have used for Y*Uow Cab of Iowa City P.O. Bax 428 a Iowa City, K 52244r- ary (319) 338-9777 www.yellowcabic com C.) -c — ::ite - ro0 r years. I discovered this fact only after fielding several telephone CW 3lairo regarding forcible ejection from the taxicab, and theft of passengert monad►. The number of phone calls alone, regarding this vehicle from another company, led me to begin a new file for my records. Following up on one Incident, Officer Hamblin related that "having color scheme requirements, that certainly would have been helpful on a call like this.' I couldn't agree more. City issued photo ID badges, company ownership of vehicles and informational packet sign -off receipts would help the public moognize city - licensed drivers and improve passenger experience by holding drivers responsible for knowing the City Code in regard to taxicab operation. In order for these items to be effective, sufficent enforcement should be enacted for both drivers and taxicab companies if an unlicensed driver Is found operating a taxicab. Currently, the licensing enforcement is based on a sort of 'honor system.' Our drivers report the continued appearance of an Illegal taxicab on the streets, a vehicle from Oki Capitol Independent, a company that went out of business on May 31, 2014. This vehicle continues to be seen picking up passengers, waiting In the downtown area near bars, and still has a taxicab `top fight' affixed to the top of the vehicle. One recommendation that we do not support is a requirement that taxicab companies hire drivers as employees. Nationwide, taxicab companies use the independent contractor model as the standard in which to staff their fleets. In our case, the IRS has vetted our independent contractor model and found us to be in complete compliance with applicable law. In his letter, Chief Hargedine expressed that, during the recent sexual assault Investigation, only two companies were able to provide an accurate count of drivers to the police. Yellow Cab of Iowa City was one of these companies, and the information requested was provided without delay. Obviously, the fact that our drivers are independent contractors did not inhibit our record- keeping nor timely response to this important matter. If the City really wished to get accurate information regarding a taxroab's whereabouts at any given time, in order to assist in investigations, an excellent way to do this Would be to require all companies to have GPS tracking on all of their vehicles. In addition, this requirement would have negative effects on individual cab drivers. As independent contractors, our drivers enjoy the freedom to set their own schedules, have other drivers replace them on their shift, and C7 :..n ('moi .-No law, Yellow Cab of Iowa City P.O. Box 438 = r kava City, FA 52244 =< rn (319) 338-9777 www.yoklowcablc.acre ;a work additional time to earn extra income. As employees, I doubt very much that drivers would be allowed to work overtime. F-9- Also, . Also, the coats associated with the employee model would most likely fbM a rise in fares, and possibly limit the number of available taxis on the street at certain periods throughout the day. Further, many bdented cab drivers might experience a drop in income, as many currently find that on busier shifts, they often earn in far excess of the m#nimum wage. While the Council considers these issues, we would ask that the Council simultaneously address new concerns regardie g the taxicab Industry In Iowa City, namely, the proliferation of smartphone and tablet'apps' that promise 'ride- sharing' and 'transportation alternative' rides to the public with unlicensed drivers and vehicles, often without adequate commercial insurance and Mile, If any, screening of the driver for safety reasons. These apps are known by several names, such as Uber, Lyft, Curb, SideCar and Hallo. The makers of these apps have introduced service in many cities and towns across the country, and while many local municipalities and states have acted to ensure these companies aro operating within the law, it has been noted in many media forums that these companies are operating outside the purview of local and state governments. These oompanies claim they are not taxicab services, yet they offer rides to members of the public for money. Itis difficult to see why these companies should be allowed to provide these services without being subject to the same conditions and requirements as other businesses who offer the public rides for money. Thus far, it seems Pike loam City and the surrounded region has been free of concern regarding these apps. However, Uber is now accepting applications to be a 'partner driver' In the Iowa City area. (Please refer to the attached document, with an Uber ad posted to a Faucebooik account, names on the account redacted for privacy reasons). Iowa's Insurance Commissioner has also published his concerns regarding the possible lack of adequate insuranoe for these 'drivers.' Innovation and ent "reneurship are hallmarks of American business, and we welcome any competition that keeps the Industry fresh and sharp. Yellow Cab of kmm City P.O. Box 428 lo%n City, lA 52244 (319) 338-9777 www.yolknmabic.com However, in most areas of the country, these outfits wish for exclusion from regulations that currently apply to existing taxicab companies. We feel the City Council should now take a proactive approach on this issue, defining Owns companiiec for what they are. Taking this proactive approach now might save a lot of trouble laser, given that the nature of Chief Hargadine's concerns are rightly geared toward greater public safety and service from the Industry. Thank you very much. Sincerely, Roger E. Bradley Manager Yellow Cab of Iowa City 8115&2014 ■ EditPmwe New. Red Messages 12 Events 1 GROUPS I& CEO Smartest SL.. 21. AAAHot Stocks St... 20• Q Manage Your Groups Omits Group O. 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Information Imumnc , Producer Information Continuing Education Insurance Company Securities Regulated Industrise Home HOME About VF Commiailoner Off=rs Convnants to Fotentie.l Ride aha:•6 App Service Frovtda r= Adminisiyeth•e Orders ens c,)� — Thinking In Emcee Into a PJda-Su",O ansa or Car -Sharing Anhinanile, mart? 4cticne Insrwerrm Canrassiarer ayes same points to consider Rules, Bulletin and hearings ��ri4,DES Recent newquper and broadcast rope In ria Mame hew featured dries abate Helpful Lin" and information P ned use f Mass creat useofmobile anew InarWronet and setingdfhhat alitfinermpa I�IIiem press RBlieabe from en flan coveraAtyge ha croaran o1 app for 4@" Thipiny mmgmed in that coverage is caned Llpngin That yI'me illl0e n Own b a spin cion indvidueia b provide die transportation the app armgaa_ A book and a ndn, while contra is to pro ur t. . itlt�tpn pan also exisle serer le bueirlas name Lyll. 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Exerdsing cation ere revieahg your insurance program may go a long way to protecting your finandd well-being. In a Similar vein, new uses d one's home for rental under intemet-base? Short term arrangements am occUmN ev"rwe. Indudng it mw. wNl-lawn Service wergements are the ones uta Vem!ion Rental By Owner (VRBO) ape Airbnb. Jun as is the mse for amompones, residences that am rented out under Ibex wangenenue are probably being uxd in ways rel anaapated by their insurer when they paced and wrae the policy. Insurers will typically eve excludon Mrguage In teir mum. palaes that preclude payment M hams ueed other in. cyst as ale pm o lho de(* resit., This can result In a jus,,S, non-payment d dams for suchimportant nem as fire, theft, and Net", along septi a host of other potenbd losses. 'Innovative new uses res technougy io make our lives eatier IS leading to *oma terrific Idea: Said l wa a hnsuronoe CareNasioner heck Gerhart f ro ehm such as Ilber. Lyf , VRBO Sod Atbnb my, offer mvm uen Seem end! Seeend butCOnvedwm, bes a regulator, I ware polentlai providers mr! uaen to be aware of le very mal problem lay cored fans wilhoul krwing about Nese resbictiorM: The Iowa Insurance Dhiwon recoom obs but propany w which OaTe a conadedng eamng income through any of these SmAcos siyase always dreck with Heir Imumnce agent wx*x company In order to evoid devadeling financed 105303 due to rroncoveree dean. 8 N http://www.iid.state.ia.us/node/8898736 8/14/2014 1 �n a C= c,)� — �r Co r— m oM 8 N http://www.iid.state.ia.us/node/8898736 8/14/2014 TAXI ORDINANCE 11/20/14 working draft Cao! 1. PD Safety Issue #1. The PD needs timely and accurate information on vehicles and drivers. 2. PD Safety Issue #2. Consumers need to be able to identify vehicles and drivers. 3. The car needs to be safe. 4. The driver needs to be a 'good driver! 5. "Fair pricing! DEFINITIONS AIRPORT SHUTTLE: A vehicle fumished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at a commercial airport, and operates without a taximeter. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wishing to drive a taxicab. CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a taximeter calibration course. Said certificate must state the individual qualifications to program, calibrate, repair and maintain a taximeter. Said certificate must also include the name of the meter manufacturer(s), and models for which the individual is qualified to calibrate. CHARTER TRANSPORTATION: A vehicle fumished 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. CONNECT: The network communication process by which a driver accepts a requested ride via a web -based application system. DECAL: A sticker issued by the city dark for each taxicab operated by a taxicab business. DESTINATION RATE: A flat fee charged by a metered taxicab business to carry a passenger from anywhere within the corporates limit of Iowa City to a specified geographic location outside the corporate limits of Iowa City that is applicable at all times and on all days. A destination rate cannot be charged for a ride that originates and terminates within the corporate limits of Iowa City. Examples of a destination rate are: Iowa City to Riverside Casino $ and Iowa City to Eastern Iowa Airport $_. DISPATCH: The communication process, such as by means of telephone, radio, or mobile device, by which a metered taxicab business assigns a particular metered taxicab driver to a location to pick up a passenger. DRIVER: A person who is authorized by the city to drive a taxicab. ENTRY FEE: The fee charged when the taximeter is turned on regardless of the distance traveled. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the city to operate a taxicab business. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. A manifest log may be stored electronically. METERED TAXICAB. A taxicab in which the taxicab business dispatches a driver to a passenger or the driver responds to a passenger via traditional street hall, including hand gestures and verbal statements. A metered taxicab does not include a pedicab or horsedrawn vehicle. METERED TAXICAB BUSINESS: A taxicab business that operates at least one taxi by means of dispatching drivers and/or by means of traditional street hail, including hand gestures and verbal statements. A metered taxicab business does not include taxicab services provided by pedicabs and horse drawn vehicles. NETWORK REPRESENTATIVE: The person that a network taxicab business has authorized to file an application for a taxi cab business license and receive and accept all correspondence and notices from the City pertaining to the network taxicab business and its affiliated drivers. NETWORK TAXICAB. A taxicab in which the driver connects with passengers via a web -based application.. . NETWORK TAXICAB BUSINESS: A taxicab business that operates Its business entirely via a web - based application system to connect drivers with passengers for taxicab services. PASSENGER: An individual being transported by a taxi cab business. PEDICAB: A vehicle propelled primarily by human power through a bait, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and lett rearview mirrors and right and left tum signals, and operates without a taximeter. PREARRANGED RIDE: A period of time that originates when a driver accepts a requested ride through a web -based application, continues while the driver transports the passenger, and terminates when the passenger departs from the network taxicab. RATE CARD: A card containing the maximum fare rates 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. STREET: Any street, alley, court, lane, bridge or public place within the city. TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, metered taxicabs, network taxicabs, pedicabs, and horsedrawn vehicles. "Charter transportation" and "airport shuffle," 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 metered taxicab. WEB -BASED APPLICATION: A program that is accessed over a network or Internet connection that connects passengers and drivers and provides passengers with driver, vehicle, and rate information prior to engaging in a prearranged ride. BUSINESS LICENSES A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. B. Each applicant for a taxicab business license shall file an application with the city clerk by May 1 on forms provided by the city. C. If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal infraction citations, and the police chief or chief's 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 dark shall issue a license to conduct a taxicab business. D. If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or If the police chief or chiefs designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke or suspend the license to conduct a taxicab business as provided in section 5-1-5 of this title. E. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the city clerk. F. The license cannot be sold, assigned, or transferred to another taxicab business. G. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, must be maintained and accessible to the city of Iowa City for a minimum of sixty (60) days. H. Each taxicab business shall provide taxicab service to the public twenty-four (24) hours a day, seven (7) days a week. I. Notwithstanding the provisions herein, network taxicab business licenses may be issued for the time period between February 1, 2015 and June 1, 2015. ACCESSIBILITY OF RECORDS A. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, must be maintained and accessible to the city of Iowa City for a minimum of sixty (60) days. B. Taxicab businesses shall provide the following vehicle information and driver information on demand to the city of Iowa City and this information must be accessible to the City in at least one of the following ways: 1. A taxicab business shall have an accessible business office located within Iowa City or Coralville city limits. An accessible business office means that the office must be staffed twenty-four (24) hours a day, seven (7) days a week and is subject to inspection by the City without notice. Manifest logs must be maintained at the accessible business office. The telephone number listed on the application must be answered twenty four (24) hours a day, seven (7) days a week. 2. A web -based application used to connect passengers and drivers shall display for the passenger prior to engaging in a pre -arranged ride, at a minimum: a. the driver's first name and a photograph of the driver; b. the license plate number of the vehicle; and c. the vehicle's make and model. DRIVER REQUIREMENTS A. No person shall operate a taxicab without authorization of the city clerk. B. 1. Each person desiring to drive a taxicab shall file an application with the city clerk. 2. If the city clerk finds that the applicant has fully complied with the requirements of this chapter and the police chief or chiefs designee has determined that there is no information which would indicate that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the office of the city clerk during regular business hours and on the city website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. 1. Beginning February 1, 2015, each driver while operating a taxicab, which includes a prearranged ride, shall prominently display in locations in both the front and rear compartments a picture Identification card that is visible to all passengers. The City shall provide the picture identification card and shall approve the locations where it is displayed. 2. Prior to February 1, 2015, each driver while operating a taxicab in the City, shall prominently display in locations in both the front and rear compartments an identification card that is visible to all passengers which is issued by the taxicab business showing the full name of the driver and the taxicab business. The card must be at least eight and one- half inches (81/2") in width and five and one-half inches (51/2") in height. The City -issued identification card satisfies this provision. D. No driver shall smoke while transporting a passenger. No driver shall allow a passenger to smoke. E. No driver shall take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger. F. No driver operating a network taxicab, unless it is also a metered taxicab, may solicit potential passengers. Solicit means an appeal by words or gestures for immediate patronage of a taxi. A network taxicab driver shall not direct people to a network taxicab that Is parked, stopped, standing or moving upon the street. G. No driver operating a network taxicab, unless it also is a metered taxicab, may accept or respond to passengers' or potential passengers' request for service via traditional street hail, including hand gestures and verbal statements. H. A network taxicab is not a "commercial vehicle" for purposes of the parking restrictions in Section 9-4 of the Code. I. The following provision applies to motorized taxicabs: 1. 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 chauffeurs license issued under the provisions of the code of Iowa, as amended. VEHICLE REQUIREMENTS 1. Each taxicab shall be subject to an annual inspection, and no taxicab shall pass inspection unless it complies with this chapter, the vehicle equipment requirements of the code of Iowa, and administrative rules. 2. The City may require reinspection of a taxicab on belief that it is not mechanically fit. In the event any taxicab is determined by the city equipment superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 2. The police chief or designee may require reinspection of a taxicab on belief that it is in such unsafe condition as to endanger any person. In the event any taxicab is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 3. In the event any network taxicab is determined by the city equipment superintendent or designee not to be mechanically fit, the City shall notify the network representative, and the network representative must immediately deny the driver access to the network's system. After reinspection and determination that the taxicab meets the standards of mechanical fitness, the City shall notify the network representative and the driver may be allowed access to the network's system C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a taxicab business and driver must most the following requirements: 1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be provided to the city equipment superintendent, on a form provided by the city, with each Inspection and filed with the city clerk when the Inspection is completed. Calibration date must be within thirty (30) days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a taxicab that states V the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." 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. 2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least six inches (6") in height Pedicabs and horsedrawn vehicles may use lettering smaller than four inches (4'). Removable signs and peel -off letters shall not be allowed. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. All letters and numbers, except for the name of the taxicab business, shall not be greater than four inches (4"). Lettering may be allowed on a window, if approved by the city equipment superintendent or designee. 3. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from the front and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. 4. Beginning _, 2015, all taxicabs must have a unique and distinctive color scheme and design, which must be approved by the City. 5. Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a minimum of four (4) taxicabs, and one taxicab shall be in operation at all times. At least four (4) taxicabs shall be insured and shall have a decal at all times. DECALS A. Each taxicab business shall file an application for a decal for each taxicab with the city clerk on forms provided by the city. B. No person shall operate a taxicab on any street unless a decal has been issued by the city clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the city clerk. The decal shall be attached to the lower comer of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. `V:., ; C. If the city clerk finds that the taxicab business has fully complied with the requirements of this chapter and the city equipment superintendent or designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a decal for the taxicab. D. The decal shall be nontransferable as between taxicabs and taxicab businesses. E. Decals will be issued by the city clerk on the next business day at least twenty- four (24) hours after the filing of a completed application for such decal with the city clerk. F. The taxicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a taxicab. Additionally, metered taxicab businesses shall remove the bubble light and lettering within two (2) business days of when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to suspend and revoke the taxicab business license. G. If, after the Issuance of a decal, the license plate for the taxicab is changed, the taxicab business shall inform the city clerk in writing of the new license plate number and have the city equipment supervisor or designee verify that the VIN, license plate number, and decal match. No driver shall operate a taxicab until the city equipment supervisor or designee has verified that the VIN and decal match the new license plate number. No taxicab business shall allow a taxicab to be operated until the city equipment supervisor or designee has verified that the VIN and decal match the new license plate number. H. The taxicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a taxicab. I. No person shall operate a motorized vehicle, a horsedrawn vehicle, or a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to the following situations; 1) the decal is outdated; 2) the insurance for the taxicab as required in this chapter has been cancelled or otherwise terminated; or 3) the taxicab business has notified the City Clerk that the vehicle is no longer part of its fleet. LIABILITY INSURANCE REQUIREMENTS: A. The taxicab business shall insure each driver consistent with the requirements of this chapter. B. The minimum limits of the insurance policy shall be determined by the City's Risk Manager. C. The taxicab business shall file with the city clerk evidence of liability insurance coverage in the form of one certificate of insurance that lists all taxicabs insured. The certificate of insurance must be acceptable to the City. D. The insurance company must be authorized to do insurance business in the state of Iowa and be acceptable to the city. E. Insurance coverage for the driver of a network taxicab shall, at a minimum, be for incidents Involving the driver during a prearranged ride and shall provide coverage at all times the driver is engaged in a prearranged ride. Insurance coverage of a metered taxicab, which is not titled in the name of the business, shall be for incidents involving the driver when the vehicle is operated as a taxicab and shall provide overage at all times a driver is operating the taxicab. Insurance coverage of a metered taxicab, which is titled in the name of the business, and pedicabs and horsedrawn vehicles, shall be for all incidents. F. Notwithstanding Section 5-1-5, the cancellation or other termination of an insurance policy required by this chapter shall automatically suspend the business license. The City Clerk shall immediately issue written notification to the taxicab business of the suspension of the license. The City Clerk will schedule a suspension hearing before the City Manager or designee in the same manner as in Section 5-1-5. If the taxicab business obtains insurance coverage that complies with this chapter prior to the hearing on the suspension, the City Clerk may withdraw the suspension and cancel the hearing. Upon the City Clerk suspending the license, the taxicab business shall return all decals to the city clerk. If the suspension of the business license is subsequently withdrawn, the taxicab business must apply for new decals in accordance with the terms of this chapter and at its expense. RATES A. Rates must be based on time, distance, or a combination thereof B. Taxicab businesses and drivers shall provide rate information to all passengers in at least one of the following ways: 1. A web -based application system that minimally provides: a. The total fare or fare range is clearly displayed on the application and the passenger positively acknowledges he or she agrees to the rate structure being charged for the ride requested before the ride is confirmed. All other rates, charges, or fees are prohibited. b. Upon completion of the prearranged ride, the driver or taxicab business shall transmit to the passenger an electronic receipt, either by electronic mail or text message. The receipt shall document the point of origin and destination of the ride, the total distance and duration of the ride, the total fare paid, and the driver's first name. c. No taxicab business or driver shall charge a fare that exceeds the amount communicated through a web -based application. 2. A rate card that is prominently displayed to all passenger seats and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the city clerk. a.A rate based on distance includes destination rates. Except for destination rates, all rates based on time and/or distance must utilize a taximeter. All other rates, charges, or fees, except for extra rider stipulations and cleanup rates, are prohibited. Only one rate may be certified by the calibrator at one time, and said rate must match the rate card filed in the city clerk's office and verified by the city equipment superintendent or designee. 8 b. No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter that has been calibrated by a certified calibrator and inspected. c. Whenever the taxicab business desires to change the rate charged, the taxicab business shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters recalibrated by a certified calibrator on a form provided by the city and retumed-to the city clerk no later than ten (10) business days after filing the new rates with the city clerk. The business must have the taximeter recalibrated by a certified calibrator no sooner than the filing date of a rate card change and no later than ten (10) business days after said filing date, The business must have all taximeters recalibrated by a certified calibrator before the business may again change the rate charged. 3. No taxicab business or driver shall charge a fare exceeding the amount communicated to passengers through a web -based application, rate card, or taximeter. REVOCATION/SUSPENSION OF LICENSES AND AUTHORIZATIONS: Licenses and authorizations issued under this chapter may be revoked or suspended as provided in section 5-1-5 of this title. FEES Fees for licenses, decals, inspections, and authorizations shall be set by Council resolution. ADMINSTRATIVE RULES The City Manager and City Clerk, and their designees, are authorized to establish administrative rules not inconsistent with any ordinance adopted by the City Council. A copy of the rules shall be on file with the City Clerk and available of the City website. VIOLATIONS: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction. The fine for a simple misdemeanor shall be $_, and the civil penalty for a simple misdemeanor shall be $ HORSEDRAWN VEHICLES: ! CITY OF IOWA CITY v }% _,..` MEMORANDUM SUSAN DULEK, ASST. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN DATE: NOVEMBER 25, 2014 IP3 TO: TOM MARKUS, CITY MANAGER (C�t .-, FROM: SIMON ANDREW, ADMINISTRATIVE ANALYST v }% ALEC BRAMEL, INTERN CITY MGR.'S OFFICE (/ SUSAN DULEK, ASST. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN MARIAN K. KARR, CITY CLERK RE: PROPOSED TAXI ORDINANCE The proposed ordinance is the result of two somewhat simultaneous events, the police investigations Into sexual assaults this past spring and the expected arrival of ridesharing services such as Uber and Lyft. After Council discussed the Police Department's taxicab recommendations at the August 19 work session, staff invited all the taxicab businesses to a public forum on September 9, 2014 as directed by Council. At about this same time, Uber, a ride -sharing business headquartered in San Francisco, contacted staff, and an Uber consultant met with staff. Staff has also reviewed recent state and local laws regulating ridesharing services, including those of Minneapolis, Seattle, and Colorado. The approaches other municipalities have taken to regulating ridesharing services are varied, ranging from attempts to shut down ridesharing operations to near deregulation of taxi operations. The recommendations presented by staff fall somewhere in between; staff focused on the degree to which each recommendation met the goals outlined below. Last, although most of the current taxicab provisions have not been substantively changed, they have been reorganized. Goals and Principle In drafting this proposal, staff was guided by five goals and one principle. The goals are: 1. The police need timely and accurate information on vehicles and drivers. This goal is described more fully In Paragraph 1 of a Memo from the Police Chief to the City Manger dated July 18, 2014 and as Public Safety Issue #1 in the handout developed by the police department for the public forum. We have attached both the memo and the handout for your reference. 2. Consumers need to be able to identify vehicles and drivers. This goal is described more fully in Paragraphs 2, 3 and 4 of the Chiefs memo and Public Safety Issue #2 in the public forum handout. 3. The taxicab needs to be safe vehicle. 4. The driver needs to be a "good driver." U 5. The fare charged needs to be a "fair price.' By fair, staff is not recommending that the City begin to regulate the amount of fares, but rather that the passenger needs to know how the fare will be determined before agreeing to get into the taxicab. The principle is that the regulations for "traditional' taxicab businesses and their vehicles and drivers need to be the same as those of the ridesharing businesses and their vehicles and drivers with limited exception. The term "metered' is used to identify a traditional taxicab business. In this business model, the business "dispatches' a driver to a passenger, and a passenger may hail a taxicab. The term "network" is used to identify a ridesharing business. In this business model, the business "connects" a driver to a passenger via a web -based application ("app'), and it cannot be hailed. Notable Changes to the Current Code In addition to the changes needed to regulate the ridesharing services (i.e., network taxicab businesses), the following are the notable changes to the current Code: 1. Airport shuttles. Staff did not believe that continuing to regulate airport shuttles furthered any of the five Goals. Additionally, staff could not find a reason why it was necessary to regulate them but not limousine services or charter transportation services. 2. Business issued identification cards. Based on Goals 1 and 2, the proposal requires the City rather than the business to issue the cards. This will insure good quality identification cards as well as a digital file containing photographs of all drivers. Staff realizes that it will take time to administer, this but it is an important step in fulfilling Goals 1 and 2. 3. The exception that allows dispatching not to be done from the office from midnight to 6:00 am has been eliminated based on Goals 1 and 2. The police department needs to be able to contact the business in the middle of the night when investigating a crime. 4. Destination rate has been redefined to be a rate between any location within the corporate limits to any place outside the corporate limes to further Goal 5. The current definition allows passengers to be gouged, so to speak. For example, a business has a destination rate to Kinnick Stadium, but may drop off a passenger blocks away due to traffic. Also, drivers will choose to charge the person a destination rate or the rate shown on the meter whichever is greater. Staff believes these problems will be eliminated if a fiat rate can only be charged to a location outside the City and not from one location within the City to another location within the City. 5. A requirement for a unique color scheme is added to meet Goals 1 and 2. Staff realizes that this too will require staff time to implement, but it is crucial to meeting Goals 1 and 2. Staff also realizes that will be a cost to businesses, but again it is needed to meet Goals 1 and 2. Notable Differences between Network Taxis and Metered Taxis Ll U As stated earlier, we believe that a network taxicab business should be treated the same as a network metered taxicab business to the extent possible. Below are the notable instances in each chapter in which they are treated differently and the reason why: Business Licenses: a. A network taxicab business is not required to have a local office. A metered taxi business is required to maintain a local office in order to provide information to the City during an investigation of a driver. This addresses Goals 1 and 2 as explained above. Network businesses provide important driver information via an application. This application provides the passenger with the license plate number, the driver's name, and the photo of the driver at the time the passenger accepts the ride. This information is stored electronically by the network business and on the passenger's individual account. The police will be able to obtain this information from the passenger or network business, eliminating the need for a local office. Additionally, a network business does not need space to dispatch drivers. 2. Decals: None. 3. Vehicle Requirements: a. Metered taxis must have meters, lettering and a lighted dome. This is because metered taxis can be hailed and network taxis cannot be. b. Metered taxis must have a unique color scheme. As stated above, the color scheme will assist a crime victim or witness in identifying a particular taxicab business and driver. A network passenger, on the other hand, will have certain information provided prior to the ride including the license plate, driver photo, and driver name, and this information is immediately available to the passenger either using the app or accessing an online account. c. Metered taxi businesses must operate a minimum of 4 cars. 4. Driver Requirements: a. Network drivers cannot respond to a street hail. As a result, they cannot, for example, pull up to the curb at bar closing and pick up passengers unless the ride was previously arranged via the app. 5. Rates: a. Network businesses are not required to file rate cards or use meters. When using a network business, the passenger is given a price range for the ride, and the passenger must accept this price using the app before the driver agrees to the ride. This assures the passenger of fair pricing. With a metered business, the rate card serves this same purpose, namely the passenger is apprised of the price to be charged before entering into the taxicab. 6. Liability Insurance: None. Background on Uber Uber is a 'ride sharing' application based service founded in 2009. The service operates on mobile smart phones as well as on a web application. Uber as a business has no employee drivers; rather they contract with drivers through their Uber application. An Uber driver acts Independently and utilizes the Uber application to locate passengers that have requested a ride. This is similar to a traditional taxi service yet different as Uber cars cannot be hailed, no money Is exchanged, and Uber provides more driver and vehicle information to the passenger before a ride takes place. The driver's picture and first name, their vehicle model, license plate number, and contact information is provided to the passenger on the Uber application prior to being picked up. Payment is handled completely through the Uber application, no money is exchanged and no tips are necessary. Once the trip is complete both the driver and the rider will both be emailed a receipt which is retained on the Uber application for future access. After a ride, both driver and passenger have an opportunity to rate one another through a five star system. This system is designed to keep bad drivers and inappropriate passengers out of the system; a driver with a low rating could potentially be restricted from driving for Uber. A driver must have a car newer than 2004 that is a mid-size four door or larger that is in good to excellent condition. A driver must also have personal auto insurance for themselves and the vehicle prior to operating for Uber. Uber performs a background check for their drivers, conducts video conference interviews, and a test of driving knowledge. Once this is complete a waiting period ensues. Uber then contacts drivers that meet their standards and allow them to begin operating and responding to rider requests via the application. Staff is providing a copy of this memo and the proposed ordinance to all currently licensed taxicab businesses, to Uber, and to the cities of Cedar Rapids, Coralville, and North Liberty. We look forward to discussing this proposal at the work session on December 2. Enc. Copy to: Eleanor M. Dukes, City Attomey-w/enc. Thomas M. Markus, City Managerw/enc. Geoff Fruin, Asst. City Managerw/enc. Marian K. Karr, City Clerkw/enc. Sam Hargadine, Police Chiefw/enc. Currently Licensed Taxicab Businessesw/enc. Michael Triplett, Uber Representative-w/enc. Jasmine Almoayed, City of Cedar Rapids-w/enc. Thor Johnson, City of Coralville-w/enc. City of North Liberty w/enc. '% , �•rs•, J M Yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 (319) 338-9777 December 1, 2014 RE: taxicab ordinance Member of the Iowa City City Council: DEC 011014 In regard to the working draft (November 20, 2014) of the Iowa City taxicab ordinance, the draft ordinance seemingly creates two platforms for taxicab businesses, distinguished by whether or not the company connects to passengers via a smartphone app. While there is no denying that using smartphone and web -based application technology in the taxicab industry is innovative and exciting, it does not substantially amount to a significant shift in taxicab operations that warrants a reduction in the City's interest in public safety and consumer protection. For years, the City has repeatedly re -addressed its taxicab ordinance to ensure safe, inspected vehicles staffed by drivers screened by the Police Department for driving record and criminal background. In addition, the City has continuously tweaked its ordinance to ensure the riding public pays a metered, pre -structured fare, without unexpected surcharges or multi tiered rate formulas. These concerns have been central to the changes the Council thought necessary when enacting revised ordinances. In short, a taxicab company that dispatches via web -based technology nevertheless conducts taxicab business; whether or not a company uses this technology or not, passengers are still being driven from Point A to Point B for profit. We would like to see the proposed ordinance ensure that all taxicab companies and drivers are subject to the same requirements to ensure safe and responsible service from all companies involved. I will be in attendance at Tuesday's work session should you have any questions or comments for me. Sincerely, Roger E. Bradley Manager 01-05- CITY OF IOWA CITY s ►' ,gym . MEMORANDUM DATE: DECEMBER 31, 2014 TO: CITY COUNCIL FROM: SIMON ANDREW, ADMINISTRATIVE ASST. ALEC BRAMEL, INTERN CITY MGR.'S OFFICE SUSAN DULEK, ASS'T. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN MARIAN K. KARR, CITY CLERK RE: PROPOSED TAXI ORDINANCE At the December 16 work session, a draft ordinance entitled "Taxi Ordinance 11/20/14 Working Draft" was discussed. The proposed ordinance on the January 6 agenda contains the same language as the working draft with the exception of a few non -substantive changes and the substantive changes noted below. Section 5-2-21. The date by which network taxicab businesses can be licensed has been changed to March 1, 2015 from February 1. The earlier date in the working draft was based on discussing this at an earlier work session. Section 5-2-4C. The effective date for City -issued identification cards has been changed to March 1, 2015 from February 1. Section 5-2-4H. Based on Evan McCarthy's comments he received from WRAC (Women's Resource and Action Center), this provision regarding "shared rides" has been added. Section 5-2-5C4. The working draft did not have an effective date for color schemes. The ordinance provides a date of June 1, 2015 to coincide with the annual licensing year. Section 5-2-13. The working draft had blanks for the amount of the criminal fine and the civil penalty. Currently, the civil penalty is $100, and the ordinance makes no change to that. Currently, the criminal fine is set by the magistrate within the range of $65 to $625. The ordinance sets it at $100, which is the same as the civil penalty. Additionally, a set amount (known as a "scheduled fine") means that a warrant will not be issued if the defendant fails to appear for a court appearance. Instead, judgment will simply be entered for the fine and court costs. Copy to: Eleanor M. Dilkes, City Attorney Thomas M. Markus, City Manager Geoff Fruin, Asst. City Manager Sam Hargadine, Police Chief Currently Licensed Taxicab Businesses- w/copy of proposed ordinance Michael Triplett, Pooneet Kant, and Carla Jacobs, Uber Representatives- w/copy of proposed ordinance Jasmine Almoayed, City of Cedar Rapids- w/copy of proposed ordinance Thor Johnson, City of Coralville- w/copy of proposed ordinance City of North Liberty- w/copy of proposed ordinance December 18, 2014 This letter notifies you as owner of the taxi business (attached) that the following violation of the City Code has been documented. Section 5-2-2B .... 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 () days a week. This is the only warning you will receive. Another documented violation will be processed as a municipal infraction pursuant to City Code Section 5-2-2B. The City Council will be considering a new ordinance on January 6 that will require 24/7 dispatching from the office. Please note, if the ordinance is adopted there will no longer be an exception between the hours of midnight and 6:00 A.M. Sincerely, Marian K. Karr City Clerk cc: City Council Police Sgt. Frank On 12/17/14 Police made phone calls to multiple cab companies that are licensed to operate in Iowa City. The purpose of the calls was to check for compliance with the requirements that the business phone is answered 24 hrs a day. Below are my results: 0350 hrs - American Taxi Cab - NO ANSWER - answering machine 0430 hrs - Gold Top Taxi - NO ANSWER - recording stated that "all cabs are unavailable" 0430 hrs - Jowan Taxi Cab - NO ANSWER - recording stated that they were "unable to reach" the phone 0435 hrs - City Cab - NO ANSWER - voicemail 0434 / 0436 / 0450 hrs - Marco's Taxi Co. - NO ANSWER - busy signal on three separate calls 0436 hrs - Number One Cab - phone answered 0439 hrs - Yellow Cab - phone answered 0442 hrs - Big Ten Taxicab - NO ANSWER - voicemail 0437 hrs - Red Line Cab - NO ANSWER - voicemail provided an "alternative number" (319.359.1362) war -* CITY OF IOWA CITY MEMORANDUM DATE: JANUARY 15, 2015 TO: TOM MARKUS, CITY MANAGER FROM: SIMON ANDREW, ADMINISTRATIVE ANALYST ALEC BRAMEL, INTERN CITY MGR.'S OFFICE SUSAN DULEK, ASS'T. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN MARIAN K. KARR, CITY CLERK RE: QUESTIONS RAISED AT TAXI ORDINANCE FIRST READING INTRODUCTION At the January 6, 2015 formal Council meeting, comments were received during the first consideration of proposed changes in the taxi ordinance. Council requested staff provide additional information on questions that were raised. INSURANCE REQUIREMENT Q. How will private insurance companies treat personal automobile coverage when a network driver does not have a passenger in the vehicle? A. Iowa law (Section 321A.11) requires all drivers to have insurance in the amount of $20,000 because of bodily injury or death of one person in any one accident, $40,000 for two or more persons in any one accident, and $15,000 for property damage. In other words any driver, network or metered, is required by state law to have at least this amount of insurance while operating his/her vehicle. An individual operating a vehicle without the required coverage is in violation of state law, and thus staff did not recommend addressing this in City Code. That being said, this is a rapidly changing industry and staff recognizes that there are aspects of City Code that may need to be evaluated as the industry evolves. However, staff does not recommend delaying public safety focused components of the proposed ordinance due to ongoing discussions in the insurance industry. Insurance requirements can be reviewed as industry norms and best practices become clearer for various business models. Several state governments are also evaluating legislation to clarify the issue. Uber representatives have indicated that they provide drivers with conditional coverage while the application is on but there is not a passenger in the vehicle; staff has not evaluated the spec policy provided. Regardless of whether this coverage is provided through a network company or the driver's private insurer, the coverage is required by state law and is not addressed in City Code. The amount of coverage required is the same for metered and network companies. Insurance companies must be approved by the City regardless of the company's business model and proof of insurance must be filed with the City Clerk. UNAUTHORIZED DRIVERS Q. How will the arranging of rides outside of a network application be prevented? A. This question is not unique to network companies and applies equally to metered taxi drivers, or for that matter to unlicensed drivers. A metered taxi driver can offer to pick up a passenger when off-duty or an individual can offer a ride for compensation without following City ordinances just as a network driver could. Such individuals would be in violation of City Code and subject to the appropriate fine. SURGE PRICING/FAIRNESS Q. Does "surge pricing" allow for an unfair pricing model? A. The City does not currently regulate fare amounts and the proposed ordinance does not recommend regulating fare amounts, only that passengers are clearly informed of the rate that they will be charged prior to engaging in a ride. For metered companies, this is accomplished through filing rate cards with the City Clerk and posting them in vehicles. Network companies can communicate this information electronically, so long as the passenger affirmatively acknowledges the range of the fare that will be charged. The recommended ordinance satisfies the goal of "fair pricing" that staff used when drafting the recommendation. "Fair" was not defined as the City beginning to regulate the amount of fares, only that a customer is aware of the price before agreeing to get into a cab. Staff did not identify public safety considerations with surge pricing. Q. Why is there an office requirement for metered companies? A. Public safety goal #1 that was identified when drafting the proposed ordinance states that Police investigators need timely and accurate information on vehicles and drivers in the event of an investigation. As the Police Department found when investigating the assaults that occurred last year, it is vital that investigators are able to ascertain immediately the driver and/or passenger of a given trip. Businesses may either provide this information through an office that maintains manifest logs or through an application that provides the information in real time to passengers and an email receipt after the trip. So long as Officers are able to retrieve this information when needed, regardless of the model, the public safety goal Identified is satisfied. Q. Must an individual use a smart phone and a credit card In order to use a network application and is this fair? A. This question is not directly related to the five goals used to guide staffs recommendations. Staff did not focus on the business model of any single company, only the information that the City requires to meet the five identified goals. A business model could allow for intemet transactions without the use of a smart phone or different payment options and still satisfy the proposed code requirements. The ordinance allows for different models, but does not require or encourage any particular one. Online and credit card transactions are becoming more common in a number of industries and this is no exception. MirYellow Cab of Iowa City , P.O. Box 428 Mekmm City, U 52244 (319) 338-9777 January16, 2015 Iowa City City Council: We would like to take a moment and address some issues concerning the Taxicab Ordinance now up for consideration by the Council. We think that the five (5) major goals set with the 11/208014 working draft are all excellent goals. While we believe the proposed ordinance achieves many of these goals, there are nevertheless some areas of question or concern. 1) Why two types of taxicab companies? The proposed ordinance creates two types of taxicab companies, but it Is not dear why this is necessary. The basic service, where they fac ilitaft the immediate and for-profit transportation of a passenger from point A to point B. Is what has always been referred to as taxicab service. Before you say, "wsl , they use an app,' I hope you understand that in the United States the major taxi companies now use a variety of dispatch methods including the use of an app. The method of dispatching a taxicab, whether it is by an app or not, should not foster the development of a different set of public safety and licensing rules for the taxi operations, even if you want to call them something else like a transportation network company. In this regard our market Is not unique. Yellow Cab of Iowa City has for years used computerized dispatching, employing various computerized hardware devices Including tablets, and has dispatched it drivers via an app. We also have a smartphone app customers can use for ordering a taxi. The fact that we already have and use this technology means that there Is no substantial difference created by an app Itself. Therefore, it is simply not n•oessary to artificially create two types of companies. Technology and innovation already exists In our market, and will hardy be stifled or chilled if the Council does not create a new category. 2) 5-2-3 ACCESSIBILITY OF RECORDS. The proposed ordinance requires taxicab businesses to maintain and make accessible to the City manifest logs for a 60 -day period at any given time. It appears to allow two distinct methods of compliance, one by having a 24/7 physical business office that is staffed so that the police can visit and request information V Yellow Cab of Iowa City P.O. Box 428 WcrIowa City, IA 52244 (319) 338-9777 personally, and another method for web -based applications. The problem is that when you read Section 8 (2), it does not indicate how the police will be able to get this information from the company. Do they have to answer a phone? Will the police have access to a computer database? WIN they have to email the company? How much time Is allowed for the request to be processed? The point is, while this section lists what information the phone app must capture, it does not describe any actual procedure that the police or the company will or must follow. 3) 5-2-5 VEHICLE REQUIREMENTS. With the proposed requirement of distinct color schemes, we ask that the City adopt an administrative rule recognizing the color schemes of those companies that have for years consistently and universally operated their vehicles with distinct color schemes and designs. 4) 5-2-7 INSURANCE REQUIREMENTS. I will avoid repeating comments we have made to the Council at the January 6. 2015 public hearing. However, there are additional concerns about insurance. Uber's Temps and Conditions require app users to agree to Terms that further absolve Uber of any accountability and force responsibility onto the 'Third -Party' provider, meaning the driver who, unless the Council requires It, does not have Commercial insurance. Uber's Terms read "You agree that the entire [italics mine] risk arising out of your use of the services... remains solely with you." Further, "Ober shall not be liable for any damages, liability or losses incurred by you arising out of your use of the services...."* Uber claims there is no problem with insurance, but their insurance Is admittedly part time. The question before the Council should be 1) whether any for-profit taxicab service be allowed to operate with part-time liability insurance, or require injured parties to have to contact multiple insurance companies to see which of them, if any, will accept responsibility for a claim; or 2) should any for-profit transportation service provider be allowed to require passengers to waive their legal rights before providing the service. *https://www.uber.conVen-US/legaVusafterms 5) RATES. We maintain that allowing network taxicab companies to charge any rate structure at any time results in prim gouging and poorly addresses the needs of the entire taxicab -riding public. One of the City's u Yellow Cab of Iowa City P.O. Box 426 Iowa City. IA 52244 0 (319) 336-9777 stated goals is 5. "Fair Pricing." This type of pricing favors those who can most afford higher rates, as the acceptldeciine function of the app merely transforms the dispatching process to an auctioning of taxicabs to the highest bidder at that moment. Some network taxicab companies have received very unfavorable reviews of this practice. Further, non -network companies cannot offer this product to its cxustomars, putting them at a competitive disadvantage. Metered taxicab companies who do not use an app can nevertheless employ methods to make certain the customer has agreed to the rate structure offered to them. For example, you could simply require that the company secure the agreement by requiring credit card pre- payment, whereby the driver would already need to get a signature for the credit card sale. This would act as approval. Finally, we feel that the network transportation model is inherently discriminatory. The company services only those customers with a smartphone and a credit card. If you are less affluent, have only a landline and can only pay with cash, you cannot use their transportation service. If a company comes to a community to provide transportation service, shouldn't they be required to be available to the entire community? What happens to the elderly on fixed incomes or to the individual on assistance when they need transportation? Providers of transportation for the public should offer services to everyone equally. Sincerely, Roger E. Bradley David L. Stoddard Manager Managing Member CITY OF IOWA CITY MEMORANDUM DATE: FEBRUARY 5, 2015 TO: CITY COUNCIL FROM: SIMON ANDREW, ADMINISTRATIVE ANALYST ALEC BRAMEL, INTERN CITY MGR.'S OFFICE SUSAN DULEK, ASS'T. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN MARIAN K. KARR, CITY CLERK RE: TAXICABS Agenda Items There are three (3) "taxi" items on the February 9 agenda. 1. Third consideration of the new taxi ordinance ("new taxi ordinance"). 2. First consideration of an ordinance amending the shared ride and extra passenger provisions of the new taxi ordinance, assuming it is approved. The change is intended to reflect the Council discussion at the time of the second consideration. Agenda item #10 will allow passengers to get into a taxicab at different locations at the passenger(s)' request and allow the driver/company to charge a fee for extra passengers. Considering these provisions separately allows the rest of the ordinance to move forward so that a) the public safety -focused provisions in the new taxi ordinance will be in place approximately one month sooner, and b) taxicab companies, drivers, and City staff will be able to begin the administrative processes associated with the new ordinance. As these are new processes, allowing more time for implementation is desirable. 3. Resolution approving fees. The new ordinance requires all drivers to have City -issued photo identification cards, and the resolution sets the fee for the cards at $15. All other fees remain the same. Open House Beginning March 1St each driver must display a City -issued photo ID in the front and rear of each taxicab while operating a taxicab. In addition, the City will also be distributing color scheme applications for metered taxicab businesses for the next licensing year. Information, applications, and procedures on these two issues will be distributed to all taxicab businesses at an open house from 4:00-5:00 p.m. on Wednesday, February 11, in Harvat Hall (410 East Washington Street). Staff will be available to answer questions and distribute materials. No presentations are planned. Businesses unable to attend the open house may pick up the information in the City Clerk's office or call (356-5041) and have the materials mailed. They will also be available on the City's website. Network Business Model Given the amount of misinformation circulating regarding the possibility of ridesharing companies operating under the new taxi ordinance, staff thought it was important to provide the following information. Councilmembers have received a large number of emails recently based on an Uber solicitation that stated that, "city leaders have been reluctant to include us in conversations..." The email also points out that Uber is currently operating in Des Moines and Cedar Rapids. It is important to note that neither of these cities has an ordinance approved that allows network companies to operate. In fact, the Des Moines Register reported that Uber representatives called Des Moines' proposed ordinance "the most restrictive in the country." Staff has been very responsive to Uber representatives, and while staffs perspective has at times differed, Uber representatives have very much been included in conversations. Given that Uber operates in other cities with regulations far more restrictive than Iowa City's proposed ordinance, it is clear that City Code is not the reason why Uber is not currently operating in Iowa City. Nor would the requirements proposed by staff to aid Police in the event of an investigation prevent Uber from operating here; Uber operates subject to many of these requirements in other cities. Uber representatives have provided City staff with examples of other ordinances that allow for ridesharing business models. However, Uber staff have been resistant to provisions in Iowa City's new taxi ordinance that are present in the examples that they themselves provided. For instance, the new taxi ordinance requires network vehicles to display a City decal to verify that insurance, inspections, etc. are current and valid. Uber representative Pooneet Kant's November 25, 2014 email, provided in Council's December 2, 2014 agenda packet, states that Uber should be exempt from this requirement. However, a similar `trade dress' provision is also present in Minneapolis' ordinance - an ordinance which Mr. Kant asked us to use as an example. Further, both the Minneapolis and Austin ordinances require a network company to have a permanent representative in the respective cities, and Minneapolis requires that all records must be maintained in an office in the city for three years. These records must be submitted upon request to the city. Mr. Kant's email states that the company must protect proprietary data and suggested changing our record accessibility language. Many of the cities that have been presented to staff as examples to follow have in reality attempted to restrict or shut down ridesharing operations. Madison, Wisconsin conducted sting operations and fined drivers of ridesharing companies; Uber and Lyft are still operating illegally in that city. Austin, Texas officials impounded Lyft vehicles last summer before amending city ordinance. Nebraska officials issued cease and desist letters and stated that they would fine drivers and impound vehicles in Omaha and Lincoln. Last month, the City of Portland, Oregon filed a lawsuit against Uber. This information is included to point out that the new taxi ordinance in Iowa City is far more amenable to ridesharing business models than many cities in which ridesharing currently exists. When drafting the proposal, staff focused on the information passengers need to engage in a ride and Police need in an investigation, irrespective of business model. Copy to: Eleanor M. Dilkes, City Attorney Thomas M. Markus, City Manager Geoff Fruin, Asst. City Manager Sam Hargadine, Police Chief Jasmine Almoayed, City of Cedar Rapids Currently Licensed Taxicab Businesses Thor Johnson, City of Coralville Ryan Heiar, City of North Liberty Mike Triplett, Uber Pooneet Kant, Uber Carla Jacobs, Uber City of February 5, 2015 Attention: Currently Licensed Taxicab Businesses Michael Triplett, Uber Representative The City Council will be considering passage of a new ordinance regulating metered and web based taxi business at their meeting on February 9"'. Beginning March 1 each taxi driver must display a City -issued photo ID in the front and rear of each taxicab while operating a taxicab. In addition, the City will also be distributing color scheme applications for metered taxicab businesses for the next licensing year. Because of upcoming deadlines contained in the new ordinance, and assuming Council passage, staff has scheduled an open house on Wednesday, February 11, from 4:00 pm to 5:00 p.m. in Emma Harvat Hall (410 East Washington Street). Information, applications, and procedures on these two issues will be distributed to all taxicab businesses at the open house. It is an "open house" rather than a "meeting" and there will be no formal presentation by staff. Staff from the City Clerk's Office, Police Department, Equipment Division, and the City Attorney's Office will be available to answer questions. Businesses unable to attend the open house may pick up the information in the City Clerk's office or call (356-5041) and have the materials mailed. Copies of the Administrative Rules for the photo identification canals and unique color scheme will be available at the open house, and on the City's web site starting February 11th. Although the rules have not yet been finalized, they will provide that presently licensed businesses having a unique color scheme may request to keep their same color scheme. Information regarding new business applications and vehicle inspections for the next licensing year will be provided in mid- March, and are due in the City Clerk's office by May 1. Copy to: Eleanor M. Dilkes, City Attorney Thomas M. Markus, City Manager Geoff Fruin, Ass't. City Manager Sam Hargadine, Police Chief Jasmine Almoayed, City of Cedar Rapids Thor Johnson, City of Coralville Ryan Heiar, City of North Liberty Pooneet Kant, Uber Carta Jacobs, Uber 410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240-1826 • (319) 356-5040 • FAX (319) 356-5497 n Marian Karr From: Simon Andrew Sent: Friday, February 06, 201510:22 AM To: 'Pooneet Kant (pooneet@uber.com)' Cc: Council Subject: RE: Checking in Hi Pooneet, Thank you for the email. I hope that you are doing well, too. I'm sorry that 1 did not see you on the 20"' — I was keeping an eye out for you or Carla, but we had an awfully packed house. As you know, we did discuss the contents of your November email. While some of the email's content was contradictory with the examples you suggested and verbal communications we have received from Uber representatives, staff believes that we have worked through these issues. I have included some comments specific to your November email below. Definitions: Regardless of the preferred nomenclature, there is nothing in the words used to describe network businesses that would prevent any business model from operating. Business license/"particularly requiring driver authorization": As we discussed in November, staff finds driver authorization provisions to be necessary to aid Police in the event of an investigation (though this is different than the business license). You indicated when we met in November that your primary objection to driver authorizations was that you were concerned with the names of drivers being public and thus available to be 'poached' by rival companies. We also discussed the assaults that occurred in Iowa City last year and the amount of time it took for investigators to obtain driver information. Staffs recommendation was that public safety concerns outweigh the concerns with posting driver names publicly. Further, all driver names being public creates a level playing field —your competitors' drivers' names will also be public. The names of current metered taxi drivers in Iowa City are already public. This will not prevent a model from operating, only that drivers fill out a form, pay a fee, etc. Accessibility of records: We found this comment to be particularly confusing. Based on the Minneapolis and Austin examples you encouraged us to research, as well as the conversations that we had with Mike, it is clear that this provision would not preclude Uber from operating. It is simply a requirement to provide information to the City in the event of an investigation. As you know, Minneapolis requires, "Every licensee shall keep accurate books and records of account of the licensee's operations at the licensee's place of business in the city for a minimum of three (3) years. Such Id records shall be submitted for inspection upon the request of the licensing official." While Austin does include 3party audit language, it also requires an agent for service of process to be located within the city and that the city is provided with quarterly reports. It is unclear why these provisions are less onerous than simply allowing ICPD to view records in the event of a crime. Driver requirements/driver permitting: Please see business license discussion above. Furthermore, regardless of Uber's policies, ordinances are not written for one company. Companies will have different standards—City driver authorizations are intended to ensure consistent standards and policies. Vehicle requirements: You are correct that dome light, lettering, color schemes, etc. do not apply to network vehicles. Decal: Again, a similar provision appears to be a requirement in the Minneapolis example that Mike sent us. "Distinctive trade dress" is required by 343.100, complete with reflectivity standards. As Iowa City is proposing to provide decals to drivers, this again appears to be less onerous than other cities' regulations and would not prevent ridesharing operations. Liability insurance requirement: You are correct that Uber's current insurance coverage amounts meet this requirement, assuming that the insurance company and certificate are approved by the City. Rates: Dynamic pricing is allowed so long as the range of fare is clearly displayed for the passenger and the passenger positively accepts the rate structure, an email receipt is sent to the passenger, and the fare does not exceed the amount communicated to the passenger. Based on our discussions Uber already meets these requirements and would be able to operate in the City. Thank you again for your email and your input in this process. While you and your colleagues are of course the final arbiter of which markets you choose to operate in, our staff is confident that these proposals are more amenable to ridesharing operations than many of the cities in which Uber currently operates - it appears clear that the proposed ordinance would not make operating in Iowa City impossible. Best regards, Simon Andrew Administrative Analyst City of Iowa City 410 East Washington St. Iowa City, Iowa 52240 (319) 356-5010 simon-andrew@iowa-city.ore From: Pooneet Kant [mailto:pooneet@uber.com] Sent: Thursday, February 05, 2015 12:47 PM To: Simon Andrew Subject: Checking in Hello Simon - I hope you're doing well. I wanted to check in with you about the status of the ordinance that's slated for final vote on Monday evening. As you know, we've consistently said that the ordinance as written would make it impossible for business models like ours to operate in Iowa City. When I was at the last council meeting, it seemed the council was fine with that. I'm checking in to see if there is any appetite to work with us on changes, many of which I outlined in my earlier public statement and letter to the council. I know that there has been some press recently about some of the public response to the question. Thanks! Pooneet Pooneet Kant General Manager bUs://www.uber.com/ 3f(14) Marfan Karr From: Pooneet Kant <pooneetCuber.com> Sent: Tuesday, November 25, 2014 9:55 AM To: Council; Simon Andrew Cc: Carla Jacobs Subject: Uber and Iowa city Dear members of the Iowa City Council: Last week, I met with Simon Andrew to discuss the proposed ordinance to regulate services like Uber in Iowa City. Uber has been interested in the Iowa City market for several months, and reached out proactively to City staff to discuss expansion plans. While we greatly appreciate the time and effort that City staff has put into the ordinance, as contemplated Uber would not be able to operate a business in Iowa City. Uber is a technology company that connects riders and drivers through a smariphone application. Present in over 250 cities and 50 countries, Uber is now responsible for the creation of over 50,000 job opportunities per month. By connecting users with a safe, reliable and seamless ride, and with unprecedented accountability and transparency built into the system, Uber has transformed the way users think about their transportation options. For riders, Uber connects users with transportation on -demand, wherever and whenever they choose at the touch of a button. The seamless experience means never having to worry about finding a ride or having cash. For drivers, Uber's lead generation software facilitates powerful entrepreneurship opportunity. Drivers make far more — and with greater flexibility — than any other option available to them. For cities, Uber means faster economic development, more jobs, and significant economic output. With Uber, consumers gain access to the highest quality transportation with the fastest response time, resulting in a reliable and elegant way to move around. Ubees presence also lowers incidents of impaired driving. The availability and affordability of rides on the Uber network provide the residents and visitors of Uber cities with an important alternative to drunk driving, marking a considerable contribution to the welfare of a community and reducing DUI arrests by tens of thousands across the nation. Uber's recent econometric analysis shows that, for example, the entrance of the Uber platform in Seattle caused the number of arrests for DUI to decrease by more than 10 percent. In cities similar to Iowa City where Uber has recently launched, roughly 75% of all rides occur on Friday and Saturday nights between 9PM and 3AM - exactly the time when people are most likely to be confronted with decisions about drinking and driving. We have reviewed the proposed ordinance, and as discussed with Mr. Andrew, have prepared specific feedback. Ordinance Feedback: Definitions Context: Network Representative, Network Taxicab, and Network Taxicab Business do not accurately reflect the Uber business model. Suggested change: Insert new definitions describing transportation network companies, drivers, and services. Uber can provide sample language. Business License Context: Uber is not a taxicab business, so would not be successful under the currently proposed qualifications, particularly requiring driver authorization by the city clerk. Suggested change: Establish requirements unique to transportation network companies and create a TNC Permit. Uber can share specific language. Accessibility of Records Context: Uber data is proprietary and in a competitive market such as ridesharing, we must protect this data Uber provides the information included in the proposed regulations (driver name and photo, license plate number of vehicle, and vehicle make and model) to riders to ensure the connection between rider and driver is made. Uber could make this information accessible to the city in ways such as: through a third party, anonymized, or through an audit process. Uber is committed to ensuring safety for riders, drivers, and citizens/visitors to Iowa City and would work with the city and law enforcement to address any criminal investigation. Suggested change: Insert language on audit for data. We can provide models from other cities or work with the city on a solution. Driver Requirements Context: Because of information included in the records section above, Uber can not support a proposal that would include permitting by a city. Uber has strict policies regarding driver requirements, such as an industry leading background check and driving history. Suggested change: insert language specific to driver requirements, which would include a requirement for a driver to apply to the INC rather than the city. The ordinance could require standards to which the TNC conducts the application review process. We can provide sample language. Vehicle Requirements Context: Uber drivers' vehicles are not hailed on the street, so many provisions do not apply, such as dome light, lettering on the vehicle, standard color, etc. Uber has high standards for vehicle quality and utilizes a real-time rating system for riders to provide feedback, including on the vehicle. If there are questions about safety or mechanics of a vehicle, Uber can suspend a driver's access to the app until the issue is resolved. Suggested change: Seek clarity from city on which provisions would apply to TNC. Insert language specific to TNC vehicles. We can provide sample language. • Context: Because Uber drivers' vehicles are not dispatched or hailed, decals are not a means to identification. • Suggested change: exempt INC from this requirement Liability Insurance Requirement Rates: Context: Uber provides automotive liability insurance coverage to protect drivers, riders, and the public. Uber provides commercial liability coverage of S 1,000,000 per accident for bodily injury and property damage involving a INC Driver's operation of a motor vehicle while providing TNC Services and contingent liability coverage for bodily injury and property damage during the time that a INC Driver is logged into the TNC's digital network and available to receive requests for transportation, but is not providing TNC Services. Suggested next step: City to provide additional clarity on proposed requirements for Uber counsel review. Context: Uber's business model allows for dynamic pricing during period of high demand. This comes in the form of a multiplier to a rate/distance fare calculation. The increase in the fare is provided to the driver as an incentive for additional drivers to get on the road to equalize the demand for vehicles. Suggestion- adjust language to allow for dynamic pricing. As part of our outreach to the city, we provided a variety of ordinances that have been passed by other jurisdictions which in our view serve as excellent models that meet the city's goal of ensuring public safety while also allowing us to operate a business. These cities include places as varied as Tulsa, Baton Rouge, Minneapolis, Austin, and Washington DC. We remain excited about the Iowa City market, and look forward to continuing to work collaboratively with the city on this topic. Please let me know if you have any questions at all about Ubees business model, operations, policies, or anything else. In addition, I understand that this ordinance will be discussed in a work session on Tuesday, December 2 at Spm. A colleague of mine, Carla Jacobs, will be in attendance to answer any questions you might have in person. Best, Pooneet Kant General Manager, Uber Midwest Expansion Pooneet Kant General Manager bm://www.uber.com/ im Marian Karr From: Carla Jacobs <cjacobs@uber.com> Sent: Friday, February 06, 2015 3:31 PM To: Marian Karr Cc: Thor Johnson; rheiar@northlibertyiowa.org; J.Almoayed@cedar-rapids.org; Pooneet Kant) (pooneet@uber.com); michael.triplett@mac.com; Eleanor M. Dilkes; Tom Markus; Geoff Fruin; Sam Hargadine Subject: Re: Update - Taxi information Good afternoon all - Thank you for this detailed response. We are happy to continue the discussion via phone, but I stand by our previous assessment that the ordinance as proposed creates an environment in which Uber cannot operate. In almost two dozen cities, our operations fit within a regulatory framework that fully recognizes differences between regulations for transportation companies and technology companies. While you cite lines from code in other cities where we operate, you misinterpret the implications for how similar concepts in the Iowa City proposal would affect our ability to operate. The reality is that as we've seen ordinance language emerge over the last several months, language has been fine tuned to more accurately represent a new business model that transportation network companies use for operations. The city continues to cite examples from early ordinances and stand by that precedent without consideration of shifting consensus that has emerged since then. To take one example, while it is true that we operate in some cities that have a city -run driver permitting process, we have seen a drastic impact on our ability to continue to grow in those markets. For your continued reference, here are some sample ordinances. When looking at these, it important to note that provisions in the ordinances must be considered under the context of the full agreement for that specific city situation. Selectively pulling examples of provisions that may exist in certain ordinances is not reflective of the overall situation in those jurisdictions. • Baton Rouge: Transportation Network Services Ordinance • District of Columbia: Transportation Network Services Innovation Act of 2014 • Illinois: Transportation Network Providers Act • Tulsa: Transportation Network Companies Ordinance • Austin: Transportation Network Companies As an added concern, many issues are left up to the discretion of the city rather than explicitly stating the requirements in the code this ranges from the driver application requirement to acceptability of insurance. We are happy and eager to be a resource for the city and we hope the desire is to create a framework that both ensures safety for residents and visitors but also leaves the option for Uber or other transportation network companies to operate in the future. To date, we have not seen a desire for those conversations from Iowa City. As you know, thousands of riders and hundreds of drivers are eager for Uber to begin operations in Iowa City. By taking action on Monday and approving the current proposal, the Council is creating barriers which make it harder for those riders to get a safe ride home and for drivers who want to partner with us to improve their economic opportunities. I will continue to make myself available to discuss these issues with you, and I'm hopeful we can find a path forward. Best, Carla Jacobs On Thu, Feb 5, 2015 at 2:16 PM, Marian Karr <_Marian-Karraa,iowa-city.org> wrote: The City Council will be discussing this at their February 9 Council meeting. Marian K. Karr, MMC City Clerk, Iowa City Carla Jacobs Public Policy Uber Technologies 610-329-7760 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 15-4611 ORDINANCE AMENDING TITLE 5, ENTITLED `BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," SECTION 4, ENTITLED "DRIVER REQUIREMENTS," AND SECTION 8, ENTITLED "RATES," TO REVISE THE PROVISON ON SHARED RIDES. WHEREAS, Section 5-2-41-1 of the taxicab ordinance approved on February 9, 2015 (Ordinance No. 15-4608) allows for "shared rides" only if all the passengers have the same origin and prohibits the driver/company from charging a fee for the extra passengers; WHEREAS, the shared ride provision should be amended to allow passengers to get into the taxicab at different locations with consent and allow the driver/company to charge a fee for extra passengers; and. WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Tale 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, entitled "Driver Requirements," is amended by deleting Subsection H in its entirety and substituting the following: Shared ride means a taxi ride in which one or more passengers expressly request to share a ride with one or more additional passengers. No driver may request a passenger to share a ride, and no driver shall pick-up an additional passenger at any point after the taxi ride begins without the express request of the passengers In the taxicab. If shown on the rate card, the driver may charge a fee for each passenger ("extra passenger fee") who shares the ride. 2. Title 5, entitled `Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 9 entitled "Rates," is amended by deleting the second sentence of Subsection B2a and substituting the following: All other rates, charges, or fees, except for extra passenger and cleanup fees, are prohibited. SECTION IL 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 23rd day of February , 2015. ATTEST: 2459 % A--,• /<Z J CITY CLERK Approved by &z:F� d !� City Attorney's Office 71 02-09-15 11 Prepared by: Marian K. Karr, City Clerk, 410 E, Washington St„ Iowa City, IA 52240 (319)356-5041 RESOLUTION NO. 15- 36 RESOLUTION RESCINDING PRIOR RESOLUTION NO. 13-42 AND -SETTING FEES WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS FOR NETWORK AND METERED TAXICABS, AND ESTABLISHING A NEW FEE FOR DRIVER PHOTO IDENTIFICATION CARDS WHEREAS, Title 5, Chapter 2 of the City Code of the City of Iowa City, Iowa, established regulations for network and metered taxicabs and drivers operating such vehicles within the City Of Iowa City; and WHEREAS, Title 5, Chapter 2, sets forth new requirements for issuance of a driver photo identification card; and WHEREAS, the current resolution does not set an administration fee for driver photo identification cards; and WHEREAS, the City wishes to recover the costs of administering the driver photo identification cards and not make changes to the current fees for a taxi business or vehicle inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I. Prior Resolution No. 13-42 establishing certain fees and charges for vehicles for hire is hereby rescinded and this Resolution is adopted and approved in lieu thereof. 2. The following fees are hereby established for taxicabs: a) Processing a business application: $20.00 annually unless suspended or revoked, with no refunds. b) Issuance or replacement of a decal, including actual inspection costs: $85.00 annually, unless suspended or revoked. A $30.00 credit for each decal returned to the City Clerk will be issued per business licensing year. If the City is notified by the insurance carrier of cancellation of insurance, the decal will be removed and returned to the City Clerk's office, with no refund or credit. The credit can only be used within the licensing year and does not carry over to another year or is not transferable to another business. No credit will be applied to a business for a decal confiscated by City staff. C) Issuance of a Driver Photo Identification Cards: $15.00 annually per driver; per business, with no refunds. Passed and approved this 9th day of February , 2015. ATTEST: _ ' ,,./ MAYOR CITY CLERK Apprd� �� sAukrestaxifees.doc City Attorney's Office il THE Student Government UNIVERS17Y iMas137OF IOWA iw City, Iowa zzaz-1 319-335.3860 Dear Members of the City Council, The University of Iowa Student Government Executives are writing in support of bringing Uber to Iowa City. By authorizing Uber to operate in Iowa City, City Council will improve student safety, provide an alternate source of income for students, and promote more efficient and sustainable transportation. Uber will uniquely increase student safety in comparison to the traditional taxi service because it is an app -based service. First, the Uber app allows riders the option to rate their driver. Students can access driver information prior to entering the car and can make an informed decision regarding their safety. Additionally, drivers with ratings lower than a specified limit lose their ability to drive; this regulation ensures that Uber drivers offer safe rides. Second, Uber's map function gives students the opportunity to track their ride prior to its arrival, and riders can share their estimated time of arrival with friends. Third, if an unfortunate incident were to happen in an Uber car, there would be a trail of data for law enforcement to track down the perpetrator and to use in an investigation. In addition to increasing student safety, Uber will give students the opportunity to earn extra income as drivers. The flexibility of being an Uber driver is ideal for students with busy schedules. As current students, we support the access to additional opportunities of earning income. Lastly, Uber is an efficient and sustainable mode of transportation. Many students are not from the Iowa City area; Uber enables student to take a cost effective ride to the airport in Cedar Rapids, Quad Cities, or Des Moines. Uber will also reduce the pressure on parking downtown because students will have a reliable means of transportation. UberPOOL offers a car pool function where you can approve to ride with another person, which reduces cost and is more sustainable. In closing, we hope you vote in favor of the Uber ordinance due to its many benefits to students and student life. Sincerely, Nicki Neal City Council Liaison Jacob Simpson Vice City Council Liaison On behalf of the University of Iowa Student Government Executive Branch Marian Karr From: Bob Long <blong@meta-comm.com> Sent: Sunday, February 21, 2016 5:21 PM To: Council Subject: Iowa City needs Uber (for a lot of reasons, this being one)... New Report from MADD, Uber Reveals Ridesharing Services Important Innovation to Reduce Drunk Driving - 6.5% reduction. http://biQy/1FOx5oL Robert Long, President & CEO MetaCommunications, Inc. 201 E. Washington St., Iowa City, IA 52240 T: (319) 337-8599 ext 180 1 C: (319) 621-2201 . blong777 www.metacommunications.com 111111111 14% South Clinton Street Iowa City, Iowa 52240 February 22, 2016 Dear Members of the City Council of Iowa City, On behalf of the Iowa City Downtown District, I am writing in support of the proposed ordinance which would allow transportation network companies who provide dynamic ridesharing services, such as Uber, to operate in Iowa City. The ICDD is constantly in search of ways to improve our sustainability and create an environment of convenient access for all people who are employed Downtown, wish to attend Arts and Cultural events, access services, and patronize our Downtown businesses. Dynamic ridesharing services are proven solutions to urban vehicular congestion, the need for increased vehicular parking, and the prominent negative perception amongst patrons that visiting our Downtown is inconvenient due to a lack of parking and a general aversion to parking an automobile in a ramp with the possibility of needing to leave it there overnight. Transportation network companies will provide Iowa City residents, as well as residents of surrounding communities, a more convenient and efficient alternative to driving their own automobile Downtown. This alternative will, in turn, ease access and boost Downtown usership. As an aside, but worth relaying, our office fields persistent inquiries from constituents and community members about the need and want for dynamic ridesharing services and most people voice frustration in the fact that the option is not yet available in Iowa City. This is undoubtedly an important progressive step forward for our community. Thank you for your time and consideration. Sincerely, f� oo Nate Kaeding Retail Development Dire Iowa City Downtown District Iowa City Downtown District 14 %S. Clinton Street, Iowa City, IA 52240 319-354-0863 ry 0 w C=) i IIwAGTyV;Nj0' N) A11VC11 (:'�4'INi0h'Ni0'NFCii Y.Cwtb 14% South Clinton Street Iowa City, Iowa 52240 February 22, 2016 Dear Members of the City Council of Iowa City, On behalf of the Iowa City Downtown District, I am writing in support of the proposed ordinance which would allow transportation network companies who provide dynamic ridesharing services, such as Uber, to operate in Iowa City. The ICDD is constantly in search of ways to improve our sustainability and create an environment of convenient access for all people who are employed Downtown, wish to attend Arts and Cultural events, access services, and patronize our Downtown businesses. Dynamic ridesharing services are proven solutions to urban vehicular congestion, the need for increased vehicular parking, and the prominent negative perception amongst patrons that visiting our Downtown is inconvenient due to a lack of parking and a general aversion to parking an automobile in a ramp with the possibility of needing to leave it there overnight. Transportation network companies will provide Iowa City residents, as well as residents of surrounding communities, a more convenient and efficient alternative to driving their own automobile Downtown. This alternative will, in turn, ease access and boost Downtown usership. As an aside, but worth relaying, our office fields persistent inquiries from constituents and community members about the need and want for dynamic ridesharing services and most people voice frustration in the fact that the option is not yet available in Iowa City. This is undoubtedly an important progressive step forward for our community. Thank you for your time and consideration. Sincerely, f� oo Nate Kaeding Retail Development Dire Iowa City Downtown District Iowa City Downtown District 14 %S. Clinton Street, Iowa City, IA 52240 319-354-0863 Marian Karr From: Pete McCarthy <petemccarthy77@gmail.com> Sent: Tuesday, February 23, 2016 6:13 PM To: Marian Karr Subject: Uber in Iowa City It has been brought to my attention that the City Council will be debating the Uber issue at the next session. As a downtown business owner/operator that lives in Coralville I'd like to express my support to bring Uber to Iowa City. The cab system in downtown Iowa City is a mess. The prices are extremely inflated. Most of the cabs are not maintained very well. They are basically dirty and they smell. Several of the cab companies are unreliable and also I personally have had issues with them double charging my credit card. I paid $25 to take a cab from downtown to Coralville by the mall. That is ludicrous. If you wanted to go downtown for a show at the Englert or other venues or out to dinner and have a few drinks your looking at almost an extra $50 if you cab both ways or leave car overnight in parking ramp. That's just not even an option for most people. I believe that Uber could really help downtown Iowa City. It's safe, reliable and all the vehicles are clean and the drivers are pleasant. People from surrounding towns would me more likely to come downtown because they would have the option for a cheap ride. You'd be spending a 1/3 of what you spend on a cab. We need to continue driving business downtown and Uber is a huge step forward in that effort. I have personally used Uber in several other cities and it's been great. Not having to exchange cash makes things so convenient and safe. I feel that having that option of an affordable ride would definitely be in Iowa Cities best interest. Pete McCarthy Gabes Iowa City Yacht Club Mission Creek Music Festival Summer of the Arts Iowa City City Council attention: Marian Karr _� = �' Re: Proposed Ridesharing Ordinance ry Feb 24, 2016 m G Dear Members of The City Council: I am writing to support the proposed ride sharing ordinance to allow services like Lyft and Uber to operate in Iowa City. I know my opinions expressed in this letter are widely shared by many of friends. As a downtown resident I would be thrilled to have Iowa City catch-up with the hundreds of metropolitan areas that already allow for these services (including Cedar Rapids, Quad Cities, Des Moines, Ames and Council Bluffs). I believe this will have two immediate and important impacts, among others: #1 A decrease in traffic and parked cars downtown. Once these services do come to our area, I plan on selling my car, which currently sits idle 85% of the time in a downtown parking ramp; as I walk and bike many places, except for short excursions outside the downtown core. I believe that I am not alone in considering this lifestyle shift, that rides sharing apps make possible—not to mention the thousands of students who I believe would make a similar choice, rather then pay to store their car on campus. #2 1 travel regularly and use rides sharing services on a weekly basis. It is very evident that ride sharing services will meet much of the personal transportation needs in the near future. With new guests and visitors coming to our city, I think it is essential we adopt these new transportation platforms—as we have with Zipcars—to keep our city modern and future -oriented, so that it continues to attract the best and brightest new residents, students and businesses. Ride sharing apps will have a positive impact on our community, and I hope you will support the proposed ordinance. Please do not hesitate to reach out to me if I can provide more information or be of help to you on this issue. Sincerely, e" "L Andy tGeoll Downtown Resident andy@stoll.net CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319)356-5000 (319)356-5009 FAX www.icgov.org LATE HANDOUTS: Information submitted between distribution of packet on Thursday and close of business on Monday. Consent Calendar: ITEM 4d(4) 2016 WASHINGTON STREET STREETSCAPE PROJECT — See revised resolution and revised comment below. Revised Comment: Bids for this project were opened on Wednesday, February 24, 2016, and the following bids were received: Base Bid w/Alternates 2 & 3 Portzen Const., Inc. Dubuque, IA $ 4,305,258.85 $ 4,345,358.85 All American Concrete, Inc. West Liberty, IA $ 5,089,688.91 $ 5,124,988.91 Metro Pavers, Inc. Iowa City, IA $ 5,221,044.10 $ 5,285,044.10 Engineer's Estimate $ 5,125,000.00 Public Works and Engineering recommend awarding the contract to Portzen Construction of Dubuque, Iowa in the amount of $4,345,358.85 which includes Alternates 2 & 3. The project will be funded with General Obligation bond proceeds, Water Utility funds, and Storm Water Utility funds. Regular agenda: ITEM 8b RESOLUTION ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR ENDING JUNE 30,2017 — See additional correspondence ITEM 12 ICDD FUNDRAISING — See additional ITEM 13 TRANSPORTATION NETWORK COMPANIES (UBER) — See additional correspondence Memorandum from City Clerk and Equity Director: Listening Post — Old Capital Center #/3 ** Study referenced in memo "Transportation Network Companies" second page MORE OPTIONS. SHIFTING MINDSETS. DRIVING BETTER CHOICES. #ThfnkandRide The Uber app was created to ensure reliable access to safe rides whenever, wherever. But a first - of -its -kind, comprehensive study conducted by Uber and Mothers Against Drunk Driving (MADD) reveals that Uber is more than just a convenient transportation option. The choice, reliability and flexibility it affords also make Uber a powerful tool in the quest to protect families from drunk driving. Uber is proud to partner with MADD as part of a broader effort to raise awareness around drunk driving and reduce the rate of alcohol-related crashes. U B E R I A SOBERING SITUATION Since 2012, nearly 300,000 people have driven drunk every day. To put that in perspective, that's enough to fill University of Phoenix Stadium in Glendale more than four times over. It's estimated that every 52 minutes someone is killed in a drunk driving crash. Drunk driving is a scourge on our soclety. It wrecks lives, shatters families and puts communities and Innocent bystanders at risk. Not too long ago, options were limited for getting home after a night out. Taxi services were often limited, and confined to dense urban landscapes. With ridesharing services like Uber, that is beginning to change. Now, you can tap a button to request a safe, reliable ride home. Uber and Mothers Against Drunk Driving are working toward a world where more options empower more people to make the right choice: where a safe, reliable ride home is always within reach. Drunk driving affects everyone who shares the road, and we all have a role to play in making it a thing of the past. While much work remains, we are making progress, together, toward that goal. This report is an attempt to outline our progress to date. It's estimated that every 52 minutes someone is killed in a drunk driving crash. USER AND MADD REPORT/ JANUARY 2015 2 THE "USER EFFECT" IN SEATTLE In May 2014, Uber set out to answer a simple but important question: what, if any, effect did the availability of safe, reliable rides on the Uber ridesharing platform have on drunk driving in Seattle, where prior to Uber's arrival in 2013, approximately 7.6 people per day—or 2,750 per year—were arrested for driving under the influence. Using publicly available data and a simple econometric model, we discovered Uber's entry into the Emerald City was associated with a 10% decrease in DUI arrests. The results were robust and statistically significant, providing meaningful evidence of the power Uber's network of safe, reliable rides has on drunk driving in major metropolitan cities. UBER AND MADD REPORT / JANUARY 2015 Uber's entry into the Emerald City was associated with a 10% decrease in DUI arrests. 3 IMPACT AT SCALE Heartened and energized by what we discovered in Seattle, we asked ourselves a bigger, more audacious question: if Uber is having such a tremendous impact in Seattle, what effect is Uber's network of safe, reliable rides having in other markets where Uber operates? We discovered that when people have more options, they make better, safer choices. Our study examined data and trends in several metropolitan cities across the United States. While intuition led us to believe that the reliability and flexibility of Uber makes it easy to make the responsible choice, we did not have a way to quantify this effect. But, there is evidence that riders use Uber to get home from bars and restaurants after drinking. In Miami, Uber ridership peaks at the same time as historical drunk driving crashes. The graph below shows how the distribution of Uber requests on the weekend in Miami coincides closely with drunk driving crashes. BAM NOON 4PM SPM MIDNIGHT 4AM TAM USER AND MADD REPORT /JANUARY 2015 In Miami, Uber ridership peaks at the same time as historical drunk -driving related crashes. MIAMI: USER IS A BETTER LATE NIGHT OPTION - ALCOHOL-RELATED CRASH FATALITIES - REQUESTED USER TRIPS 4 AND THE PATTERN IS THE SAME IN CITIES ACROSS AMERICA In Pittsburgh, we found further evidence of uber's popularity as a form of late-night transportation. Here, bars dose at 2AM. Thus, we'd expect to see a temporary and unusual spike in requests at closing time if people were using Uber as a method to get home after drinking. Indeed, our findings show that demand for Uber spikes right around closing time. Our findings show that demand for Uber spikes right around the times bars close. PITTSBURGH: SATURDAY NIGHT RIDE REQUESTS WHAT IS MORE: THIS PATTERN IS REPLICATED IN ALMOST EVERY CITY WHERE UBER OPERATES Of course, this isn't hard proof that requests were coming from drinking establishments such as bars and restaurants. So we dug deeper. In Chicago, we Identified whether rides were requested within 50 meters of a bar, restaurant, Or hotel that serves alcohol. Our findings revealed that a disproportionate number of weekend, late- night Uber requests come from businesses with liquor licenses, with 45.8% of rides requested from these locations coming during the peak drinking hours of 1OPM and 3AM, compared to 28.9% at off peak times. SAM NOON 4PM RPM MIDNIGHT 4AM ]AM Trips from alcohol -serving establishments peak in Chicago late at night. A disproportionate number of weekend, late-night Uber requests come from businesses with liquor licenses. CHICAGO: ORIGIN OF WEEKEND USER TRIPS ALCOHOL SERVED NO ALCOHOL SERVED USER AND MADD REPORT/ JANUARY 2015 6 FLEXIBILITY = RELIABILITY One of the reasons that Uber is able to coordinate so many late night rides from drinking establishments is the flexibility of supply on the platform. Uber's model works to ensure supply keeps up with demand. Driver -partners are free to log on to the platform at any time, and higher demand serves as a strong incentive to log on and drive. This is noteworthy given that in Austin (one of the few cities for which we could find any publicly -available taxi supply data), the average number of taxis actually drops at midnight due to restrictions on supply, leaving many ride -seekers stranded and more likely to make unwise driving decisions. SAM NOON 4PM 8PM MIDNIGHT 4AM Taxi supply decreases when people most want rides, and when DUI arrests are most common. The freedom and flexibility of the Uber platform -in which driver -partners are free to log on or log off whenever they want -does not suffer from this problem. Supply increases when demand increases, and people have a safe, reliable option to get home. OBER AND MADD REPORT / JANUARY 2015 In Austin, taxi supply decreases when people most want rides, and when DUI arrests are most common. AUSTIN: TAXI SUPPLY AND DEMAND ALCOHOL-RELATED CRASHES TAXI RIDES COMPLETED TAXIREOUESTS 4__ 7 OBER: DRIVING BETTER CHOICES Uber is a young company (driving a small fraction of the nation's trillions of yearly vehicle miles). However, we see some evidence in publicly available crash data in our most mature markets that Uber is having a measurable impact on driving down alcohol-related crashes. San Francisco was the first place Uber launched both Uberl3LACK and uberX, and in California, Uber has become increasingly available in markets across the state. Inspired by Nate Good's analysis—which demonstrated a clear downward trend in alcohol-related crashes in Pennsylvania's youngest cohort once ridesharing was available—we decided to replicate that study in California at large using data procured from the State. What did we find? Using a "difference -in -differences" regression to control for seasonality and other factors, our findings uncovered that monthly alcohol-related crashes decreased by 6.5% (or 59.21 per month) among drivers under 30 following the launch of uberX ridesharing in California in markets where Uber operates. 100 W_ a 50 V O W F a 0 W C r -s0 0 u J a -100 1/2011 7/2011 1/2012 7/2012 1/2013 7/2013 Source: CaMorria Highway Patrol As the total number of crashes for the age groups are often different, the graph has normalized the total number of crashes, with 0 being the average for the age group (a negative number of crashes means that for that month crashes were below normal). 0 IS Monthly alcohol- related crashes decreased by 6.5% among drivers under 30 following the launch of uberX ridesharing in California. CALIFORNIA: ALCOHOL-RELATED CRASHES IN MARKETS WHERE USER OPERATES 30 AND OVER UNDER 30 UBER AND MADD REPORT / JANUARY 2015 a Our findings revealed this pattern is not seen at all in areas of California where Uber isn't operating. Outside Uber-serviced parts of California, there are an average of 697 alcohol-related crashes per month, with the above -30 crowd averaging 353.8 vs. 343 for below 30. 1/2011 7/2011 1/2012 7/2012 1/2013 7/2013 Source: California Highway Patrol In other words, we believe there is a direct relationship between the presence of uberX in a city and the amount of drunk driving crashes involving younger populations. CALIFORNIA: ALCOHOL-RELATEO CRASHES IN MARKETS WHERE USER DOES NOT OPERATE — 30ANDOVER UNDER 30 USER AND MADD REPORT / JANUARY 2015 9 SHIFTING MINDSETS In light of our findings, a simple but Important question remained: What shift In mindsets is The results of our behind these outcomes? To answer that question, a survey was conducted to better understand survey show that concerns and attitudes around drunk driving and the perceived role ridesharing platforms like Uber play in reducing it. the availability of First, the survey—conducted by the Benenson Group—aimed to uncover the level of priority additional, reliable people placed on ending drunk -driving in more "mature" Uber cities. transportation options Here's what we found: Is shifting mindsets and driving people 86% of respondents are concerned about drunk driving, and far more than other to make better, 86% transportation issues, people want their elected leaders working toward solutions 8 safer choices. that reduce it. 65% A solid majority of respondents (65%) said elected officials should prioritize reducing drunk driving as a way to keep streets safe for drivers and passengers. The majority of adults already believe services like Uber meaningfully reduce drunk driving in their cities. And they have reason to, as: 88% 88% of respondents over the age of 21 agree with the statement that "Uber has made it easier for me to avoid driving home when I've had too much to drink" G 78% of people say that since Uber launched In their city, their friends are less likely to drive after drinking. G 57% of transportation network service users agreed with the statement: "Without Uber, I'd probably end up driving more after drinking at a bar or restaurant" And after hearing about Uber's Impact on drunk driving already, 93% of people 93% would recommend a friend take Uber instead of driving if the friend had been drinking. The results of our survey show that the availability of additional, reliable transportation options is shifting mindsets and driving people to make better, safer choices. OBER AND MAUD REPORT / JANUARY 2015 10 THE ROAD AHEAD Uber offers a safe and convenient transportation alternative that didn't exist just 5 years ago and is growing rapidly. Indeed, just one year ago, Uber operated in 60 cities and 21 countries. Today, Uber is connecting riders and drivers in over 260 cities and 50 countries around the globe. And Uber is proud to partner with MADD as part of a broader effort to raise awareness around drunk driving and reduce the rate of alcohol-related crashes. This study and survey provide strong evidence that Uber is having a meaningful and positive impact on mindsets and the rate of drunk driving. Our mission isn't complete, but we are making progress together toward the goal of reliable rides and safer roads for everyone. This is the future we are working toward: one in which more people in more cities around the nation are empowered with more options that lead to better, safer choices. USER AND MADD REPORT / JANUARY 2015 11 About Mothers Against Drunk Driving Founded by a mother whose daughter was killed by a drunk driver, Mothers Against Drunk Driving® (MADD) is celebrating its 35th anniversary by creating a future of NO MORE VICTIMSTM. MADD is the nation's largest nonprofit working to end drunk driving, help fight drugged driving, support the victims of these crimes and prevent underage drinking. MADD supports drunk and drugged driving victims and survivors at no charge, serving one person every ten minutes through local MADD victim advocates and at 1-877-MADD-HELP. Learn more by visiting madd.org or calling 1-877-ASK-MADD. About Uber Technologies, Inc. Uber is evolving the way the world moves. By connecting riders to drivers through our apps, we make cities more accessible, opening up more possibilities for riders and more business for drivers. From our founding in 2009 to our launches in over 260 cities today, Uber's rapidly expanding global presence continues to bring people and their cities closer. Survey Methodology The survey results included in this report are from a poll conducted by Benenson Strategy Group. The interviews took place from December 1-4, 2014 and included 807 interviews with a representative general population sample from the largest cities where Uber operates. All interviews were conducted over the internet. The margin of error for the entire data set is 3.38% at the 95% confidence level. OBER AND MADD REPORT / JANUARY 2015 12 t3 Marian Karr From: rneades@gmail.com on behalf of Rebecca Neades <rneades@iowacityarea.com> Sent: Friday, February 26, 2016 3:56 PM To: Council Subject: Support for Uber Good afternoon Mayor and Councilors, Unfortunately Iowa City Area Chamber President & CEO Nancy Quellhorst and I are unable to attend the council meeting on Tuesday. I'm writing to let you know that we fully support Uber service in Iowa City. Best, Rebecca Rebecca Neades Vice President & Director of Public Policy Iowa City Area Chamber of Commerce Serving Coralville, Iowa City, North Liberty, and Solon 325 East Washington Street Iowa City, IA 52240 319-337-9637 office meades(i6owacityarea. com www.iowacityarea.com Marian Karr From: Amy Charles <amycharles1 @gmail.com> Sent: Sunday, February 28, 2016 2:13 PM To: Council Subject: re Uber: please maintain ordinance intact. Dear Councillors, If Uber had a track record as a good citizen, I might support working with them on this ordinance, but the reality is that their record with municipalities, drivers, and customers is simply godawful. Their CEO is on record as wanting to stalk women journalists reporting on the company; they seem to have a problem with not hiring criminals; they're currently cutting the wages of workers in several cities to the point that people who had given up other work to drive for Uber can no longer make a living; they fought Seattle hard on both living wages and the right of the drivers to unionize. They behaved like spoilt, tantrum -throwing children last time they wanted in here, and went away making threats. And unfortunately by leaving background checking, maintenance, insurance, and recordkeeping in the Uber black box, there's no real accountability. I see no reason at all why we should change reasonable ordinances to let them have their way here. If there's some unmet need for cab services here, I haven't seen it; I've never waited long for a cab, and indeed cabbies have told me business has dropped off in recent years. And if there is an unmet need, the let any cab company who shows up here behave with accountability and deal with our already -sensible regulations. My guess is, too, that there isn't really such a thing as "working with" Uber -- they'll tell you what you want to hear in order to get what they want, and then good luck to you in trying to get them to abide by agreements. Please vote to retain the ordinance as -is. Thanks, Amy Marian Karr From: Emily Schoerning <schoerning@ncse.com> Sent: Monday, February 29, 2016 9:34 AM To: Council; jthrogmo@yahoo.com Subject: The Lens is cool! Dear Mayor & City Council, I've seen a lot of fuss about "The Lens" on social media lately, and hope you will ignore the haters. That piece of artwork looks really cool, I think it would integrate beautifully into the pedmall. I love how it would contribute such different shadows to the area at different times of day, reflecting the diversity and dynamic nature of our community. (Also, I hear you're discussing whether or not to allow Uber to operate in the area. I hang out with a lot of old ople and those old people are always bothering me for rides because there aren't enough taxi operators in the ea. We have a lot of seniors around here who can't/shouldn't be driving but need to get around, and I think ber is another tool our community can use to increase accessibility for seniors. Please support both of these platforms at the upcoming meeting! Thanks, Emily Schoerning, Director of Research, NCSE 4.13 Marian Karr From: Emily Ciccariello <eciccariello@gmail.com> Sent: Monday, February 29, 2016 10:01 AM To: Council Subject: In support of Uber in Iowa City To the Iowa City Mayor & City Council Members: Since I won't be able to attend tomorrow night's city council meeting, I wanted to send an email to voice my support for Uber being allowed to conduct business in Iowa City. I recently moved back to Iowa City after 14 years of living in Minneapolis, Chicago and Boston and was surprised to hear that Uber wasn't allowed here, after being so accustomed to using them in other cities. It's far more affordable of a service than cabs and I strongly believe in taking any steps to make it easier for someone to accept a ride than drive after consuming alcohol. We need to embrace any way to reduce the amount of drinking and driving within our community. There are so many progressive improvements that have come to fruition in the area since I last lived here and I've been very impressed with the blossoming tech industry in the corridor. It seems short-sighted to me to encourage entrepreneurship and innovation within our university, companies and community, yet resist embracing one of the most successful tech companies today. Of course it's a non-traditional model, but all disruptive innovation is. Progress cannot be made or encouraged without being open to new ways of doing things. The future of our country lies within innovative cities and regions outside of Silicon Valley and I think Iowa City has a future as one of those cities if we continue to embrace innovation and change. Please allow Uber to conduct business in Iowa City for the better of our community. Sincerely, Emily Ciccariello eciccariello(&gmail. com Marian Karr From: Emily McMahon <emilym@wearesculpt.com> Sent: Monday, February 29, 2016 10:51 AM To: Council; jthrogmo@yahoo.com Subject: Tomorrow's City Council Meeting Hi James and the rest of the Iowa City City Council, LPm riting toexpress my support of Uber in our community. It is a great service and we need reliable and se methods for transportation in our area. I am also writing to share that I am NOT in support of The Lens. I believe spending $500,000 on an art piece is way too much money. Is there not some program that deserves half of a million dollars in our community? I appreciate your attention to these matters, and taking everyone's opinion into consideration. Thank you very much! Emily McMahon / Operations Leader 0 _ (oDwearesculpt / 319.930.8765 Sculpt wearesculpt.com / 707.728.5780 316 East Court Street, Ste. 2Iowa City, IA 52240 Marian Karr From: Josh K <josh@wearesculpt.com> Sent: Monday, February 29, 2016 11:51 AM To: jthrogmo@yahoo.com; Council Subject: We're Ready for Uber! To whom it may concern, My name is Josh Krakauer and I'm the founder and CEO of Sculpt, a 4 -year old social media marketing agency proudly based here in Iowa City. My team and I donate thousands of dollars and hundreds of in-kind service hours per year supporting and starting initiatives that make Iowa City a better place to live and work. We are fiercely committed to that mission. I grew up in the suburbs of Chicago like thousands of other students, and planned to return (like thousands of other students) upon graduation in 2012. It was the supportive people I met, and progressive ethos and vision I discovered, that convinced me Iowa City would be the indefinite home for Sculpt. The team at Sculpt are talented enough to work anywhere in the country they'd like, and many have been influenced to do so over the past two years. I've learned that my young, ambitious friends and colleagues view 'community support' as important signals that affect their sense of place. It's not the answer to -- 'is Iowa City the place I want to live'-- it's the answer to -- 'is Iowa City the place I want to grow?' In addition to the substantial benefits a decentralized, mobile -driven, on -demand service will bring to our region, bringing Uber to Iowa City will send the right signal to the people we need to believe in us about where our community is going. Thank you for the consideration. Josh Josh Krakauer / CEO 0 = — k / 847.370.3749 Sculpt wearesculpt.com / 707.728.5780 316 East Court Street, Ste. 2Iowa City, IA 52240 IHI Marian Karr From: Howard Butler <howard@hobu.co> Sent: Monday, February 29, 2016 11:56 AM To: jthrogmo@yahoo.com Cc: Council Subject: Please support Uber operation in Iowa City Mr. Mayor and Council Members, My name is Howard Butler, and I am a resident of Iowa City and own a company that employs one other Iowa City resident in Iowa City called Hobu, Inc. We are located at the Iowa City Co Lab, and we develop sophisticated software technology for managing data from laser scanners. I am writing today to express my support for the required ordinance changes necessary to allow transportation companies such as Uber and Lyft to operate in the city. While I understand that Uber's track record is speckled on a number of topics, it does provide a valuable and efficient service with benefits that typical taxi -medallion operators have resisted due to their monopoly status. I recognize that Uber and Lyft represent employment challenges, liability concerns, and questions of fairness. While each of these topics are indeed concerning, preventing them from operating in the city will not really address any of them. It will simply preserve the status quo for Iowa City's checkered taxi operators who have a very clear competition interest in stopping them. In my opinion, it is best to work with operators such as Uber while they are still building out. Prohibition will simply mean communities such as Iowa City won't have any say at all. Uber and Lyft coming to the Iowa City area is a marker that represents outsider recognition that we are a modern, global city. Outsiders, especially those with experience in larger cities such as New York and San Francisco, come to Iowa City and ask "Where is Uber or Lyft?". A key to minimizing car -centric lifestyle is having convenient access to one when you do indeed need it. The existing taxi companies in cities where Uber and Lyft operate have been reacting positively to the competition. Convenient, on -demand pick up apps, along with driver ratings and tracking, are starting to become available in traditional transportation fleets. Without competition, there is no innovation, and when it is there, the existing operators can quickly adapt. The unfortunate taxi operator sexual assault event of 2014 would have had a very different outcome if it were an Uber cab in which it had happened. The rider would have been tracked by their phone. The cab would have been tracked by the driver's phone, which he or she must keep on at all times in order to get the fare. The facts of whom and where would have been easily discernible. The driver rating system ensures that riders have much more information about the driver and the car they are getting into compared to what the current taxi system provides -- even with the ordinance attempt last year to standardize operator signage. The current taxi operators have no incentive to build out that kind of technology in our city. Please consider the required ordinance changes to allow transportation operators such as Uber and Lyft to operate in Iowa City. Howard Butler Resident, Iowa City Yellow Cab of Iowa City �3 P.O. Box 428 Iowa City, IA 52244 �J0WAq&rr (319) 338-9777 www.yellowcabic.com K 7q TO: City Council, City of Iowa City From: David L. Stoddard, Managing/Member Yellow Cab of Iowa City to RE: Taxi Ordinance Let's start by saying the only thing keeping Uber from entering the Iowa City market is Uber. They have elected to not enter the market under the current regulations. Even though they are more heavily regulated in other markets they've entered. I can not say this any better then Simon Andrew's did in his memorandum dated 2/5/15 to the City Council. "it is clear that the City code is NOT the reason why Uber is not currently operating in Iowa City." He goes into clear reasoning for this. I would recommend the council revisit it. A copy is attached for your convenience. Without rehashing all the arguments of the past in how we feel that setting up a two tier system puts us at a competitive disadvantage. Let me just say this, what business do you think will survive when one is laden with cost imposed by the City and one has none? Here is an outline of cost we must bear due to City regulation that our competitor would not incur. The first four are cost to the driver to be able to drive in the City; the other four are company expense. 1. Driver required to have Chauffeur's license 2. Copy of driving record given to City $6.50 3. State DCI report given to City $15.00 4. Driver permit issued by City $15.00 5. Painting the vehicle $1,300 6. Stickers, meters, dome lights $500 7. Vehicle inspection and permit from the City $85.00 8. Maintain a 24/7 dispatch location inside the city limits of Iowa City or Coralville. Plus have at least one vehicle on the streets at all times. (we don't even have the option to relocate to a cheaper location inside the county.) 9. Time to fill out and take vehicle down to the City maintenance for inspection Currently Yellow Cab has 24 vehicles licensed with the City at over $2,000/car in expenses we are already at a $48,000 disadvantage and that doesn't include the cost of day to day operation being located in the City. If the City is legitimately looking at redoing the taxi ordinance I would like to propose changing it to include Yellow Cab of Iowa City as a TNC company. We are a fully computerized dispatch company. All of our trips are kept electronically in the cloud available from any computer with a log in. This information can be available to the police Yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 (319) 338-9777 www.yellowcabic.com upon request. (Usually immediately but definitely doesn't require 7 days) We have an app that can also take trip request from costumers. It seems that the reason for the metered taxi regulations is to protect the public when "flagging", street hailing a taxi. We would exclude this from our business model to get away from the onerous regulation. Every fare we take would have an electronic record. From the phone call number, time of call to what driver drove it with what car and a gps route. What we are asking for is a level field to operate. Regardless I think it's important to keep driver registration with the city and vehicle safety inspections for both ways of operating. When has total self-regulation worked as proposed here for the TNC's Thank you David L. Stoddard Managing/Member Yellow Cab of Iowa City a C.5 Sam �A, CITY OF IOWA CITY .,,.._ MEMORANDUM DATE: FEBRUARY 5, 2015 TO: CITY COUNCIL FROM: SIMON ANDREW, ADMINISTRATIVE ANALYST ALEC BRAMEL, INTERN CITY MGR'S OFFICE SUSAN DULEK, ASST. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN =' MARIAN K. KARR, CITY CLERKµ RE: TAXICABS `M' Agenda Items There are three (3) "taxi' items on the February 9 agenda. N} ' ca 1. Third consideration of the new taxi ordinance ("new taxi ordinance'). 2. First consideration of an ordinance amending the shared ride and extra passenger provisions of the new taxi ordinance, assuming it is approved. The change is intended to reflect the Council discussion at the time of the second consideration. Agenda item #10 will allow passengers to get into a taxicab at different locations at the passenger(s)' request and allow the driver/company to charge a fee for extra passengers. Considering these provisions separately allows the rest of the ordinance to move forward so that a) the public safety -focused provisions in the new taxi ordinance will be in place approximately one month sooner, and b) taxicab companies, drivers, and City staff will be able to begin the administrative processes associated with the new ordinance. As these are new processes, allowing more time for implementation is desirable. 3. Resolution approving fees. The new ordinance requires all drivers to have City -issued photo identification cards, and the resolution sets the fee for the cards at $15. All other fees remain the same. Open House Beginning March 1*' each driver must display a City -issued photo ID in the front and rear of each taxicab while operating a taxicab. In addition, the City will also be distributing color scheme applications for metered taxicab businesses for the next licensing year. Information, applications, and procedures on these two issues will be distributed to all taxicab businesses at an open house from 4:00-5:00 p.m. on Wednesday, February 11, in Harvat Hall (410 East Washington Street). Staff will be available to answer questions and distribute materials. No presentations are planned. Businesses unable to attend the open house may pick up the information in the City Clerk's office or call (356-5041) and have the materials mailed. They will also be available on the City's website. Network Business Model Given the amount of misinformation circulating regarding the possibility of ridesharing companies operating under the new taxi ordinance, staff thought it was Important to provide the following information. Councilmembers have received a large number of emails recently based on an Uber solicitation that stated that, "city leaders have been reluctant to include us in conversations..." The email also points out that Uber is currently operating in Des Moines and Cedar Rapids. It is important to note that neither of these cities has an ordinance approved that allows network companies to operate. In fact, the Des Moines Register reported that Uber representatives called Des Moines' proposed ordinance "the most restrictive in the country." Staff has been very responsive to Uber representatives, and while staffs perspective has at times differed, Uber representatives have very much been included in conversations. Given that Uber operates �Iin other cities with regulations far more restrictive than Iowa City's proposed ordinance, it is clear that City Code is not the reason why Uber is not currently operating in Iowa City. Nor would the requirements 'proposed by staff to aid Police in the event of an investigation prevent Uber from operating here; Uber operates subject to many of these requirements in other cities. 'Ober representatives have provided City staff with examples of other ordinances that allow for ridesharing business models. However, Uber staff have been resistant to provisions in Iowa City s new taxi ordinance that are present in the examples that they themselves provided. For instance, the new taxi ordinance requires network vehicles to display a City decal to verify that insurance, inspections, etc. are current and valid. Uber representative Pooneet Kant's November 25, 2014 email, provided in Council's December 2, 2014 agenda packet, states that Uber should be exempt from this requirement. However, a Similar Yrade dress' provision is also present in Minneapolis' ordinance - an ordinance which Mr. Kant 'asked us to use as an example. Further, both the Minneapolis and Austin ordinances require a network company to have a permanent representative in the respective cities, and Minneapolis requires that all records must be maintained in an office in the city for three years. These records must be submitted upon request to the city. Mr. Kant's email states that the company must protect proprietary data and suggested changing our record accessibility language. Many of the cities that have been presented to staff as examples to follow have in reality attempted to restrict or shut down ridesharing operations. Madison, Wisconsin conducted sting operations and fined drivers of ridesharing companies; Uber and Lyft are still operating illegally in that city. Austin, Texas officials impounded Lyft vehicles last summer before amending city ordinance. Nebraska officials issued cease and desist letters and stated that they would fine drivers and impound vehicles in Omaha and 'Lincoln. Last month, the City of Portland, Oregon filed a lawsuit against Uber. This information is included to point out that the new taxi ordinance in Iowa City is far more amenable to ridesharing business models than many cities in which ridesharing currently exists. When drafting the proposal, staff focused on the information passengers need to engage in a ride and Police need in an investigation, irrespective of business model. Copy to: Eleanor M. Dilkes, City Attorney Thomas M. Markus, City Manager Geoff Fruin, Asst. City Manager Sam Hargadine, Police Chief Jasmine Almoayed, City of Cedar Rapids a Currently Licensed Taxicab Businesses Thor Johnson, City of Coralville Ryan Heiar, City of North Liberty Mike Triplett, Uber ^_, %,0 Pooneet Kant, Uber Carla Jacobs, Uber w� ,w? ry , ca IM v Yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 i�rwfcff!r (319) 338-9777 February 29, 2016 To the Iowa City City Council: www.yellowcabic.com The proposal before you to completely separate some companies providing for -hire transportation services from other such companies is at best disturbing, and at worst, the legal creation of a government-sponsored competitive advantage for certain companies. For all the gamesmanship involved in what these companies are called, whether it is taxicab service, or ride -sharing service, the simple fact remains that all of these companies are performing the same business: they are transporting people for profit. It is commercial activity of the same sort, the income from which both the companies involved and the drivers involved are taxed. The proposed Chapter 3 even has, remarkably, a clause that says Chapter 3 companies' vehicles are not "vehicles -for -hire!" We find it difficult to find any substantial difference in the nature of these businesses to justify two unequal sets of rules. Both transport passengers from Point A to Point B. Drivers for both use either cars they own or lease. Both services are 'on -demand' services. Companies of both types use GPS, phone app, computerized technology to record and store histories of their work. One difference is that one company has decided to accept work only through a smartphone application, while others such as ours accept work three ways: telephone orders, phone app, and street hailing. This seems to us to be the one difference. How this difference affects the City's need for rules concerning driver credentialing and vehicle inspection is the question. If a driver for one company needs to be screened by the ICPD for reasons of public safety, we do not understand how that need is lessened by the method in which the order for service is placed. If one company is to be trusted with performing its own driver screening, the other companies can certainly perform their checks in the same manner. If one company is to be trusted with ensuring the vehicles used are roadworthy and safe, then the other companies can certainly put roadworthy and safe vehicles on the street. Companies such as Uber and Lyft are already allowed to enter this market. To date, they have chosen not to. From media reports, the reason roM lS� The proposal before you to completely separate some companies providing for -hire transportation services from other such companies is at best disturbing, and at worst, the legal creation of a government-sponsored competitive advantage for certain companies. For all the gamesmanship involved in what these companies are called, whether it is taxicab service, or ride -sharing service, the simple fact remains that all of these companies are performing the same business: they are transporting people for profit. It is commercial activity of the same sort, the income from which both the companies involved and the drivers involved are taxed. The proposed Chapter 3 even has, remarkably, a clause that says Chapter 3 companies' vehicles are not "vehicles -for -hire!" We find it difficult to find any substantial difference in the nature of these businesses to justify two unequal sets of rules. Both transport passengers from Point A to Point B. Drivers for both use either cars they own or lease. Both services are 'on -demand' services. Companies of both types use GPS, phone app, computerized technology to record and store histories of their work. One difference is that one company has decided to accept work only through a smartphone application, while others such as ours accept work three ways: telephone orders, phone app, and street hailing. This seems to us to be the one difference. How this difference affects the City's need for rules concerning driver credentialing and vehicle inspection is the question. If a driver for one company needs to be screened by the ICPD for reasons of public safety, we do not understand how that need is lessened by the method in which the order for service is placed. If one company is to be trusted with performing its own driver screening, the other companies can certainly perform their checks in the same manner. If one company is to be trusted with ensuring the vehicles used are roadworthy and safe, then the other companies can certainly put roadworthy and safe vehicles on the street. Companies such as Uber and Lyft are already allowed to enter this market. To date, they have chosen not to. From media reports, the reason �JUOU,- Yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 (319) 338-9777 www.yellowcabic.com is their desire to avoid the intensive inspection and credentialing involved. That would seem to be their business decision, and not a result of the demands of the current requirements. The current requirements are achievable; there are currently eight (8) other companies in this market who are able to comply with the requirements. The companies simply don't want to. As a business, we would like to avoid these costs as well. We too would save substantial time and expense. We accept these requirements and comply with them because we wish to do business in this market, and compliance is simply the cost of doing business. Although some of the companies who do not wish to enter this market claim that the requirements do not conform to their "business model," we believe that companies should not be given a competitive advantage because they define their "business model" as not wishing to comply with the necessary rules. Imagine how silly it would be to create special rules for Volkswagen because they didn't wish to comply with fuel emission standards, because it wasn't their "business model." To adopt the current Chapter 3 proposed would create a significant competitive advantage to these new companies. It would do so by allowing these companies not subject to Chapter 5 (taxicab ordinance) to offer products and services the other companies cannot offer, such as dynamic pricing, which is designed to ensure sufficient vehicles on the street bya increasing the driver's income. It would also allow the non-taxicbb , companies to save the costs that the taxicab companies are curry c� burdened with. And these costs are very substantial. c-; � `D 171 For a company our size, it literally takes weeks of labor hours toccrhple* the requirements necessary for ensuring the compliance with the local ordinance, including securing adequate insurance, applications for vehic es, vehicle inspections, taxicab meter calibration and approvals, proper credentialing of owners, and decal distribution and application. The annual process includes approximately 100 pages of documents to be filled out and submitted. This investment in time, effort, and resources alone is substantial. Another advantage given to the Chapter 3 companies is that taxicab drivers' information would be public, and available to be 'poached' by these companies, whereas there would be no such information made public as to Yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 "10WAqQT!r (319) 338-9777 www.yellowcabic.com their drivers. The irony here is, this is exactly one of the objections Uber had during last year's process (and might still have). We understand that the City has received comments regarding companies like Uber and Lyft, and urging the Council to `let them in.' There is certainly no need to exclude these companies; competition in this industry in our market has always been lively and productive. We have adapted new technologies in our company because we found it to be in our best competitive interests to do so. However, these companies are not here by choice. They should be compelled by the same requirements others in the industry are subject to. We hope that the Council rejects the creation of these inequities of the proposed Chapter 3, or perhaps simultaneously revised the Chapter 5 code to allow a level playing field for all transportation providers in our market. Thank you very much. Sincerely, Roger E. Bradley Manager Ea o.. Uber Agrees to Settle Class -Action Suit Over Safety Claims - The New York Times �llttMVW &*V=" TECHNOLOGY http://nyti.ms/1 SKRyIS Page 1 of 3 N O 77 Q� -- (r N w co Uber Agrees to Settle Class -Action Suit Over Safety Claims By MIKE ISAAC FEB. 11, 2016 Uber has agreed to pay $28.5 million to settle a class-action lawsuit that took issue with the company's claims that its driver background checks were "industry leading." The terms of the settlement, filed on Thursday in the United States District Court in the Northern District of California, require Uber to pay roughly 25 million riders across the United States and to reword the language around the fee that the company charges for each ride. Uber will rename the fee, called the "safe ride fee," to a "booking fee." The ride - hailing company said it would use the fee to "cover safety as well as additional operational costs that could arise in the future." Lyft, a main Uber rival, has made a similar change, Uber said. "No means of transportation can ever be loo percent safe. Accidents and incidents do happen," Uber said in a statement. "That's why it's important to ensure that the language we use to describe safety at Uber is clear and precise." The settlement brings to a close a suit that was filed by Matthew Philliben and Byron McKnight in 2014 over whether Uber misrepresented the level of scrutiny it http://www.nytimes.coml2O l6/02/12/technologyluber-settles-class-action-suit-over-safety-backgr... 2/29/2016 Uber Agrees to Settle Class -Action Suit Over Safety Claims - The New York Times Page 2 of 3 uses when recruiting drivers, who must pass background checks conducted through a third -party service. Earlier in 2014, a New York Times article found that Uber and Lyft were actively lobbying against fingerprint -based background checks in courthouses across the country. At the time, lawmakers said that in the rush to add drivers to their services, Uber and Lyft chose speed over quality in background checks. Uber uses Hirease, a private company that said it had an average turnaround time of "less than 36 hours." Sterling, Lyft's private background check service, said its turnaround time averaged two business days. State background checks for taxi drivers vary by jurisdiction. But lawmakers said they were often more rigorous than either of these services. Uber has also been sued in civil court by two California district attorneys on similar charges of misleading consumers about the company's safety practices. It is unclear what impact, if any, the potential settlement may have on that case. In the past, Uber has said that it will invest more in researching improved safety technologies like biometric identification and voice verification. The company also N pointed out that the Uber app currently shares a significant amount of drivR information with riders, such as the driver's license plate and photo eacrtifition -11 Uber also tracks trips using GPS technology.N)' If the settlement is approved by the court and accepted by riders, U4er t passengers who used the service in the United States between Jan. 1,,013, g:�d Jan. 31, 2016, will be notified by email and have the option to accept a refund in the form of a rider credit or a charge back to their credit card on file. "We are glad to put these cases behind us and we will continue to invest in new technology and great customer services so that we can help improve safety in our cities," Uber said. A version of this article appears in print on February 12, 2016, on page B5 of the New York edition with the headline: Uber Agrees to Settle a Class -Action Suit. http://www.nytimes.coml20l 6/02/ 12/technologyluber-settles-class-action-suit-over-safety-backgr... 2/29/2016 Uber Agrees to Settle Class -Action Suit Over Safety Claims - The New York Times Page 3 of 3 © 2016 The New York Times Company CM CM co http://www.nytimes.coml20l6/02/12/technology/uber-settles-class-action-suit-over-safety-backgr... 2/29/2016 -W' Marian Karr From: Leighton Smith <leighton.smith@gmail.com> Sent: Monday, February 29, 2016 4:00 PM To: Marian Karr Subject: Ridesharing Ordinance Iowa City City Council attention: Marian Karr Re: Ridesharing Ordinance Feb 29, 2016 Dear Members of The City Council: I am writing to support the ride sharing that you are presently considering. Though I am a resident of North Liberty, I consider myself part of the Iowa City community. Moreoever, I know my support is shared by a wide variety of friends and acquaintances living in and around Iowa City. As someone who travels often to similar cities in the Midwest and beyond, I have grown to appreciate these services elsewhere. I believe this will have three immediate and important impacts: 2016 - Less traffic and parking challenges, particularly in downtown - Better visitor experience to persons visiting from elsewhere, most of whom expect these services in - Less drunk driving I hope you will support this ordinance! I am pleased to discuss this further at any time. Sincerely, Leighton A. Smith 655 Penn Ridge Dr North Liberty, IA 52317 319.325.4928 (m) 319.739.2939 (w) lei ghton. smith(a,gmail. com lei ghton. smitha,bergankdv. com leighton-smithna,uiowa. edu 4 (3 Marian Karr From: Robert Schueller <iamrasa@icloud.com> Sent: Monday, February 29, 2016 7:58 PM To: Council Subject: Ultra Uber Driver Thanks for making a good decision .... Uber isn't perfect but hopefully it will help transform the nation and world into a more perfect union ..... Looking forward to being of service to all my new Iowa City friends .... Ultra Uber Driver Thanks!!! Dear Council Members I am the Ultra Uber Driver wanting to practice my trade in Iowa City. I am also an artist ( http://theaspenartprooect.blogspot.com ) hoping to do some creative projects in Iowa City and earn some extra money to live on .... As my art certainly isn't selling in Iowa. Uber is just the beginning of our future transportation needs.... someday we will all be using smart phones to transport us all into our Dream Big Dreams .... Simply and effortlessly. I am ask asking you to give me the opportunity to drive as the ultra uber driver in my favorite Iowa town.... Being homeless in Iowa was an extremely wonderful life in Mount Vernon the last four years ....but time to 'get back to work' in transporting people from point A to point 0 .... Time for Iowa City to open the door for the Ultra Uber Driver to share his gift of safely transporting clients from point A to point 0 ..... Looking forward to being of service to all of you .... Very very very soon H H Robert Schueler UltraUberDriver 3193334950 Sent from my iPhone �' 1 3 February 29, 2016 Dear Members of the Iowa City Council: As the General Manager for Uber Iowa, I am writing to recognize and thank the city's staff for their work on drafting the new transportation network company (TNC) ordinance. It is clear that staff reviewed the ways in which other cities regulate this industry as well as the benefits that TNCs bring to cities, such as contributing to DUI reduction, assisting with general mobility through transit partnerships, and providing flexible earning opportunities. As a result, they are presenting you with a draft that reflects smart regulations for this new industry. Uber began operating in Iowa in September 2014, and has since facilitated hundreds of thousands of trips in Des Moines, Cedar Rapids, the Quad Cities, and Ames. Uber connects those who are looking for a convenient, reliable, and affordable ride with vetted driver -partners offering those rides. We hope to be able to expand this service to Iowa City. In these other cities, riders use Uber to get home safely from a night on the town, commute to work, and travel around the city when their car is in the shop. It has become an effective transportation alternative that people rely on. Nearly every day we hear from residents of Iowa City who are asking for Uber to come to their community, too. Overall, thousands of Iowa City residents have expressed interest in using Uber in Iowa City. For drivers, Uber provides additional flexible earning opportunities that allow them to use an existing asset — their vehicle — to earn money. Whether it is a student who wants to make extra money between classes, a recently laid off employee trying to bridge the gap between jobs, or a retiree who wants to supplement his or her retirement savings and get out of the house, Uber can help achieve those goals. We have had hundreds of individuals sign up to drive with Uber in Iowa City who are not currently afforded these economic opportunities available across the country. Thank you for considering this draft ordinance, and we look forward to continuing to work with you and city staff to bring Uber to Iowa City. Sincerely, PWhite Manager, Uber Iowa Cc: Simon Andrew, Marian Karr, Doug Hart, Sue Dulek, Ian Korpel Marian Karr From: Nathan L Smith <smith@chef.io> Sent: Tuesday, March 01, 2016 2:20 PM To: jthrogmo@yahoo.com; Council Subject: I Support Bringing Uber to Iowa City Hi, I would like to voice my support for allowing Uber and other similar companies to operate in Iowa City. It would provide job opportunities to diverse people, including women and minorities, who cannot currently meet the barriers to entry of starting and running an entire cab company. It would increase the safety and quality of all taxis services in the area, since Uber's drivers are rated by the response given by riders, and the competition brought to existing taxi services. It would increase the reach of transportation services available to people, since existing cab companies do not serve many rural and marginalized areas. Since it's a new thing, it would encourage people to share rides and reduce carbon emissions. As a person who works in Iowa City for a west coast tech company, when I go to a place I expect there to be Uber available, because the quality is consistent and the experience is delightful. We want people to come to the city and have an enjoyable experience visiting and living here, so having Uber, and any other business that expands the freedom and opportunity to our community, is a good idea. I hope you will consider the input from me and the rest of the community and make a wise decision regarding this matter. Thanks, Nathan L Smith smith(a,chefio (319) 339-0466 Marian Karr From: Kelly McManus <kellyjmcmanus@gmail.com> Sent: Tuesday, March 01, 2016 4:08 PM To: Council Subject: Uber Please consider allowing Uber to operate in the Iowa City area. While we do have more taxi options than other Iowa cities, we still are quite short at peak times. I have seen many friends and acquaintances choose to drive after drinking or walk home in the winter when there were no cab options to get them home. Uber is poised to fill in the gaps where demand far out reaches supply. However, Uber should have some cap to the volume of drivers so that they can't flood the market to the other extreme causing current companies to leave the market entirely. Thank you for your time. Kelly McManus ORDINANCE NO, AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," BY ADDING A NEW CHAPTER 3, ENTITLED "TRANSPORTATION NETWORK COMPANIES". WHEREAS, the Transportation Network Company (TNC) model is becoming more prevalent across the country, and; WHEREAS, the TNC model provides additional means of transportation for residents and visitors throughout the City and University of Iowa campus, and; WHEREAS, the Iowa City Downtown District and University of Iowa student organizations have expressed strong support for allowing TNC operations in Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Insert new Chapter 3. Chapter 3 - TRANSPORTATION NETWORK COMPANIES SECTION 1. DEFINITIONS. As used in this Chapter: "Digital network" shall mean any online -enabled application, website, or system offered or used by a transportation network company that enables a prearranged ride with a transportation network company driver. "Dynamic Pricing" shall mean the ability of the TNC to adjust pricing during a temporary event where market demand has increased and the TNC desires to attract more TNC Drivers to make themselves available to accept passengers. Dynamic Pricing shall be in effect only until the market demand returns to normal. "Transportation Network Company" or "TNC' shall mean an entity licensed pursuant to this Chapter that uses a digital network to connect passengers to Transportation Network Company Services provided by Transportation Network Company Drivers. A TNC is not deemed to own, control, operate or manage the vehicles used by TNC Drivers, and is not a taxicab or vehicle for hire. "Transportation Network Company (TNC) Driver" shall mean an individual who operates a motor vehicle that is: (a) Owned, leased or otherwise authorized for use by the individual; (b) Not a taxicab; and (c) Used to provide Transportation Network Company Services. "Transportation Network Company (TNC) License" shall mean the permission granted by the city to operate a TNC inside the city for a period of one year commencing June 1 of each year, renewable under the provisions of this chapter. "Transportation Network Company (TNC) Services" shall mean transportation of a passenger between points chosen by the passenger and prearranged with a TNC Driver through the use of a TNC digital network. TNC Services shall begin when a TNC Driver accepts a request for transportation received through the TNC's digital network , continue while the TNC Driver transports the passenger in the TNC Driver's vehicle, and end when the passenger exits the TNC Driver's vehicle. TNC Service is not a taxicab or vehicle for hire. SECTION 2. NOT OTHER CARRIERS. TNCs or TNC Drivers are not common carriers, contract carriers or motor carriers, nor do they provide taxicab or for -hire vehicle service. SECTION 3. TNC LICENSE REQUIRED. (a) A person shall not operate a TNC in Iowa City without first having obtained a license from the City Clerk. (b) An application for a license required under this section shall be filed with the City Clerk on forms provided by the city and must be filed by May 1. The application shall contain the following information: (1) The name and business address of the applicant; (2) Proof of authorization from the Iowa Secretary of State to conduct business in the state of Iowa; and (3) Proof that the TNC's third party background check provider possesses current accreditation by the National Association of Professional Background Screeners (NAPBS). (c) The City Clerk shall issue a license to each applicant that meets the requirements for a TNC set forth in this Chapter and pays an annual license fee to the City. (d) Upon a complaint alleging a violation of any of the provisions of this chapter by a TNC driver or a TNC filed by any person with the City Clerk, the City Clerk, or designee, may revoke or suspend the operating license of such holder or require the TNC to remove said TNC driver from the system as described in this chapter with good cause shown. (1) Good cause for the suspension or revocation of an operating license may include the following: (a) Failure of the operating license holder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in this chapter (b) Obtaining an operating license by providing false information (c) Violating any ordinance of the city which adversely affects the ability of the holder to offer transportation network services (d) Violating any part of this Chapter or any state or federal law. (2) The holder shall have the right to appeal the suspension or revocation to the City Manager, or designee within ten business days of the notice of suspension or revocation. Such appeal shall be submitted by a letter addressed to City Manager that an appeal from the decision of the City Clerk, or designee is desired. Upon receiving such notice of appeal, the City Manager or designee, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in the person's behalf. SECTION 4. FARE CHARGED FOR SERVICES. (a) A TNC may charge a fare for the services provided to passengers; provided that, if a fare is charged, the TNC shall disclose to passengers the fare calculation method on its website or within the digital network The TNC shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC Driver's vehicle. (b) If a TNC utilizes dynamic pricing through its digital network , the TNC must: (1) Provide clear and visible indication that dynamic pricing is in effect prior to requesting a ride; (2) Include a feature that requires riders to confirm that they understand that dynamic pricing will be applied before a rider can request a ride; and (3) Provide a feature that allows a rider to request a fare estimate that includes the dynamic pricing. SECTION 5. IDENTIFICATION OF TNC VEHICLES AND DRIVERS. The TNC's digital network shall display a picture of the TNC Driver, and the license plate number of the motor vehicle utilized for providing the TNC Service before the passenger enters the TNC Driver's vehicle. SECTION 6. ELECTRONIC RECEIPT. Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the passenger that lists: (a) The origin and destination of the trip; (b) The total time and distance of the trip; and (c) An itemization of the total fare paid, if any. SECTION 7. INSURANCE. (a) TNCs and TNC Drivers shall comply with the automobile liability insurance requirements of this Section B. (b) The following automobile liability insurance requirements shall apply during the time that a TNC Driver is logged into the TNC's digital network and available to receive requests for transportation but is not providing TNC Services: (1) Automobile liability insurance that meets at least the minimum coverage requirements per the Motor Vehicle Financial and Safety Responsibility Act, Chapter 321A of the Code of Iowa. (2) Automobile liability insurance in the amounts required in paragraph (1) of subsection (b) shall be maintained by a TNC and provide coverage in the event a participating TNC Driver's own automobile liability policy excludes coverage according to its policy terms or does not provide coverage of at least the limits required in paragraph (1) of subsection (b). (c) The following automobile liability insurance requirements shall apply while a TNC Driver is providing TNC Services: (1) Provides primary automobile liability insurance that recognizes the TNC Driver's provision of TNC Services; (2) Provides automobile liability insurance of at least $1,000,000 for death, personal injury and property damage; (3) The coverage requirements of this subsection (c) may be satisfied by any of the following: (A) Automobile liability insurance maintained by the TNC Driver; or (B) Automobile liability insurance maintained by the TNC; or (C) Any combination of subparagraphs (A) and (B). (d) In every instance where insurance maintained by a TNC Driver to fulfill the insurance requirements of this Section 8 has lapsed, failed to provide the required coverage, denied a claim for the required coverage or otherwise ceased to exist, insurance maintained by a TNC shall provide the coverage required by this section beginning with the first dollar of a claim. (e) Insurance required by this Section 8 may be placed with an insurer authorized to do business in the state of Iowa or with a surplus lines insurer eligible under section 5151.3 of the Code of Iowa. (f) The TNC shall disclose in writing to TNC Drivers the following before they are allowed to accept a request for TNC Services on the TNC's digital network: the insurance coverage and limits of liability that the TNC provides while the TNC Driver uses a personal vehicle in connection with a TNC's digital network. SECTION 8. ZERO TOLERANCE FOR, DRUG OR ALCOHOL USE. (a) The TNC shall implement a zero tolerance policy on the use of drugs or alcohol while a TNC Driver is providing TNC Services or is logged into the TNC's digital network but is not providing TNC Services, and shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip. (b) Upon receipt of such passenger complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC Driver's access to the TNC's digital network and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation. (c) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a passenger complaint is received by the TNC. SECTION 9. TNC DRIVER REQUIREMENTS. (a) Prior to permitting an individual to act as a TNC Driver on its digital network the TNC shall: (1) Require the individual to submit an application to the TNC, which includes information regarding his or her address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC; (2) Conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include: (A) Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation (primary source search); and (B) National Sex Offender Registry database; (3) Obtain and review a driving history research report for such individual. (b) The TNC shall not permit an individual to act as a TNC Driver on its digital network who: (1) Has been found guilty of or entered a plea of guilty to more than three moving violations in the prior three-year period, or one major violation in the prior three-year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license); (2) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, or who has been convicted at any time of fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, acts of violence, or acts of terror; (3) Is a match in the National Sex Offender Registry database; (4) Does not possess a valid driver's license; (5) Does not possess proof of registration for the motor vehicle(s) used to provide TNC Services; (6) Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide TNC Services; or (7) Is not at least 18 years of age. (c) In the event that a TNC becomes aware of a driver being involved in criminal conduct or driving violations or otherwise becomes ineligible to serve as a driver by virtue of no longer meeting the criteria listed above, the TNC shall immediately terminate the driver's ability to access the platform's application. SECTION 10. VEHICLE SAFETY AND EMISSIONS. The TNC shall require that any motor vehicle(s) that a TNC Driver will use to provide TNC Services meets the requirements set forth in Iowa Code section 321.20 for vehicle safety and inspections. SECTION 11. NO STREET HAILS. A TNC Driver shall exclusively accept rides booked through a TNC's digital network and shall not solicit or accept street hails. SECTION 12. NO CASH TRIPS. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC Drivers of such policy. TNC Drivers shall not solicit or accept cash payments from passengers. Any payment for TNC Services shall be made only electronically using the TNC's digital network SECTION 13. NO DISCRIMINATION; ACCESSIBILITY. (a) The TNC shall adopt a policy of non-discrimination on the basis of destination, race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age with respect to passengers and potential passengers and notify TNC Drivers of such policy. (b) TNC Drivers shall comply with all applicable laws regarding non-discrimination against passengers or potential passengers on the basis of destination, race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age (c) TNC Drivers shall comply with all applicable laws relating to accommodation of service animals. (d) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. SECTION 14. RECORDS. (a) A TNC shall maintain: (1) individual trip records for at least one (1) year from the date each trip was provided; and (2) TNC Driver records at least until the one year anniversary of the date on which a TNC Driver's activation on the TNC digital network has ended. (b) On an annual basis, the TNC shall permit the City to audit and examine a reasonable sample of books and records relating to TNC's performance of its obligations under this Chapter at a mutually agreed upon third party location. The City shall provide notice of the books and records requested for inspection in writing at least 14 days prior to the scheduled examination. (c) Upon receipt of a duly issued subpoena, court order or warrant relating to the investigation of a criminal matter, the TNC shall furnish the requested records to the Chief of Police within 7 days or within a longer period of time if agreed to by the parties, unless otherwise specified in a court order or subpoena. For any non -criminal investigations conducted by the Chief of Police in his administrative capacity, a TNC will conduct an internal investigation and shall within 7 business days, or within a longer period of time if agreed to by the parties, furnish records in response to a written request related to the underlying complaint, in accordance with its publicly posted privacy policies. SECTION 15. FEES The fee for the license shall be set by council resolution. SECTION 16. VIOLATIONS Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction. The fine for the simple misdemeanor shall be one hundred dollars ($100.00) and the civil penalty for the municipal infraction shall be as provided is subsection 1-4-26 of this code. AV1'rov,ej ` k- -11'-(�_