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HomeMy WebLinkAbout2016-03-23 OrdinancePrepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC15-00008) 5a ORDINANCE NO. ORDINANCE VACATING AN APPROXIMATELY 15 -FOOT -WIDE PORTION OF HERBERT HOOVER HIGHWAY LOCATED ADJACENT TO CHURCHILL MEADOWS — PART ONE (VAC15-00008). WHEREAS, the applicant, CBD, LLC, has requested the City vacate and convey to the applicant a portion of Herbert Hoover Highway right-of-way adjacent to Churchill Meadows — Part One; and WHEREAS, the right-of-way of Herbert Hoover Highway in this area ranges from 135 feet to 160 feet wide, much wider than a typical arterial street right-of-way; and WHEREAS, vacating the requested portion will leave adequate right-of-way for public purpose; and WHEREAS, the applicant intends to combine the 15 feet of excess right-of-way with the adjacent residential lots; and WHEREAS, adjacent private properties will not be affected by this vacation as sufficient right -of way will remain; and WHEREAS, this portion of right-of-way along Herbert Hoover Highway is not utilized for access or circulation; and WHEREAS, because utility lines have not been installed within this portion of right-of-way, no circulation or provision of utilities will be affected; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has recommended approval of the application. 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: RIGHT OF WAY VACATION PARCEL NO. 1: COMMENCING AT THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°3114311E, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 67.21 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S00°31'43"E, ALONG SAID EAST LINE, 15.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE S89°52'36"W, ALONG SAID SOUTH RIGHT- OF-WAY, 127.00 FEET; THENCE N00031143"W, 15.00 FEET; THENCE N89°52'36"E, ALONG A LINE PARALLEL WITH AND 15.00 FEET NORMALLY DISTANT NORTHERLY FROM SAID SOUTH RIGHT- OF-WAY LINE, 127.00 FEET, TO THE POINT OF BEGINNING. RIGHT-OF-WAY VACATION PARCEL NO. 2: COMMENCING AT THE NORTHEAST CORNER OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°31'43"E, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 67.21 FEET; THENCE S89052136"W, 187.00 FEET, TO THE POINT OF BEGINNING; THENCE S0003114311E, 15.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY OF HERBERT HOOVER HIGHWAY SE; THENCE S89052'3611W, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 681.99 FEET; THENCE N81°35'33"W, ALONG SAID SOUTH -RIGHT-OF-WAY LINE, 101.13 FEET; THENCE N89°52'36"E. ALONG A LINE PARALLEL WITH AND 15.00 FEET NORMALLY DISTANT NORTHERLY FROM SAID SOUTH RIGHT-OF-WAY LINE, 781.88 FEET, TO THE POINT OF BEGINNING. Ordinance No. Page 2 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 day of , 20_. MAYOR: ATTEST: CITY CLERK Approved by: �,�; �Ci Attorney's 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: First Consideration Vote for passage: AYES: Thomas, Throgmorton, Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton 03/23/2016 that the Cole, Dickens, Mims, Taylor, Botchway. NAYS: None. ABSENT: None. 03-23-16 Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC15-00007) 5b 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 S22054'00"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 S78°27'00"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 day of MAYOR: ATTEST: CITY CLERK Approved by: 20_ 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 (REZ15-00023/SUB15-00031) 5C ORDINANCE NO. 16-4659 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 521'42'52"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 S02"29'07"E; THENCE 504`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. 16-4659 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 23rd day of March '2016. M MOW R: Approved by: ATTEST: -y, CITY CLERK City Attomey s Office ,2 /� Ordinance No. 16-4659 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Botchway x Cole x Dickens x Mims x Taylor x Thomas X Throgmorton First Consideration 02/16/2016 Vote for passage: AYES: Dickens, Mims, Taylor, Throgmorton, Botchway, Cole. NAYS: Thomas. ABSENT: None. Second Consideration 03/01/2016 Voteforpassage: AYES: Mims, Throgmorton, Botchway, Cole, Dickens. NAYS: Taylor, Thomas. ABSENT: None. 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A § A \ q�,/ ... \ _ w 2 § §§ § d §>$� LLJ0 1<1�w>: LU >LU< | \aa: I�96 m :| < ƒ \ -- § �\ ism ■I. ■■■JI ■■o ■■■:5 ■■r, soon sons 0170-01 ■■teff some ■■■ 10.01 L m■oi ■■lu■i i ■ t c _ { F r rl CYS404M Util WMLL arm& 2)M414tt, -'s 16'C r -.1_,_,-4 CITY OF IOWA CITY ft ., Z--� = —gcw -To MEMORANDUM Date: February 24, 2016 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator '7Y ro" - Re: REZ15-00023 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. I Marian Karr From: Hamilton, Gregory E <gregory-hamilton@uiowa.edu> Sent: Wednesday, March 16, 2016 6:11 PM To: Council Subject: request to make presentation regarding Scott Blvd/Lower West Branch rezoning issue at next City Council meeting Attachments: HamiltonObjREZ1500023.pdf City Council Members, Attached is a presentation that I would like to make at the next City Council meeting regarding the following item: 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. I would like this attachment to be included in the next City Council packet, if possible. I would intend to spend 5 minutes or less of Council's time presenting this objection. I would like to use the laptop and projector to display these images as a PowerPoint presentation at the meeting. Several other residents are expected to come to the Council Meeting to voice similar objections, and this may help to organize the discussion. I would appreciate clarification as to whether the third and final discussion of this item will be at the March 23 Special Formal Meeting or at the April 5 Formal Meeting. Thank you for your assistance. Greg Hamilton, JD 260 Hummingbird Ln Iowa City, IA 52245 gregory-hamilton(i�uiowa.edu From: Hamilton, Gregory E Sent: Tuesday, March 01, 2016 12:34 PM To: council@iowa-city.org 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 reater 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 gre gory-hamilton(i�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. (REZ15-00023/SUB15-00031 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 gregory-hamilton(a- uiowa.edu OBJECTION TO REZONING Scott Blvd and Lower West Branch Rd. REZ15-00023/SUB15-00031 Submitted by Greg Hamilton, JD 260 Hummingbird Ln, Iowa City, IA 4 Main Objections: 1. TREES ARE NOT ADEQUATELY PROTECTED in the site plan. 2. The plan does not include the developer's original CUL-DE-SAC design, which the developer indicated would SAVE MORE TREES. 3. Connecting the new Pine Grove Ln to Hummingbird Ln creates a DANGEROUS SITUATION given the number of trips generated and the width of the road. 4. The SCALE of the proposed 280 foot wide apartment building is TOO BIG. It would be one of the largest structures in Iowa City! PROBLEM #1 TREES ARE NOT ADEQUATELY PROTECTED IN THE SITE PLAN NEARLY ALL OF THE 40 YEAR OLD MATURE TREES ALONG THIS 565 FOOT LONG PROPERTY LINE ON THE WEST SIDE OF HUMMINGBIRD LN REMAIN AT RISK UNDER THE PROPOSED PLAN. There is NOT adequate depth in proposed lots 6-9 to be able to save the mature trees along Lot depth is the same as homes to the south (such as 167 Hummingbird). 167 Hummingbird the wooden fence Ln in the above Pi back to exactly where back from Hummingbird MOST OF THE TREES WOULD LIKELY BE IN FOOTPRINT OF NEW HOME CONSTRUCTION THE NEW PINE GROVE LN. SOLUTION TO THE SAVE TREES The Planning and Zoning Staff Report noted that for a development of this Size, a little over 15,000 sf of OPEN SPACE would need to be provided, or a fee comparable to that value of property provided. The eastern border of the property along Hummingbird Ln is 565 feet. The property line begins at the fence. If 27 feet of depth behind the fence is protected, the mature trees could remain in this 15,000 sf of OPEN —SPACE. HERE IS NO OPEN PACE IN THE CURRENT PLAN. PROBLEM #2: The plan does not include the developer's original CUL-DE-SAC design, which the developer indicated would SAVE MORE TREES. The Planning and Zoning Staff indicated that their internal design standards would not allow a Cul -De -Sac, but refused to explain further. However, the Planning and Zoning office gave us a list of residents that live within 200 feet of this proposed development if we wanted to distribute a petition. Ironically, there are at least three Cul -De - Sac streets with 200 feet: 1. Tulane 2. Hanover 3. Riverview/Scott Park Dr. Development #1 #2 #3 PROBLEM #3: CONNECTING THE NEW PINE GROVE LN TO HUMMINGBIRD LN CREATES A DANGEROUS SITUATION GIVEN THE NUMBER OF TRIPS GENERATED The Staff Report estimates that this 54 household subdivision will generate 390 trips per day. This estimate apparently uses generic ITE trip data for "households" and "apartments" and likely understates the true number. The actual number is more likely to be 713 trips generated per day, when corrected for household income and apartment size. According to the comprehensive, and most recent, 2009 National Household Travel Survey by the U.S. Dept of Transportation Federal Highway Administration, "more income is related to more travel." Table 8 on page 18 indicates that households with annual income of $80,000 make 13.2 person trips per day. http://nhts.orni.gov/2009/pub/`­stt.pdf An analysis on the International Transportation Engineers site also indicates that for a college town, the number of bedrooms in an apartment is a relevant, independent variable in determining how many trips will be generated by the apartment. These expensive, 2-3 bedroom apartments are not within normal walking distance of campus or downtown. They should be treated as other households. http://communitV.ite.org/blogs/christopher-clemow/2014/04/10/trip-generation Using the above analysis, 54 households times 13.2 trips per day equals 713 unique trips generated by this new development. PROBLEM #3: CONNECTING THE NEW PINE GROVE LN TO HUMMINGBIRD LN CREATES A DANGEROUS SITUATION GIVEN THE NUMBER OF TRIPS GENERATED 54 households times 13.2 trips per day equals 713 unique trips generated by this new development. Transportation planners have NOT used any of the accepted ROUTE ASSIGNMENT ANALYSIS techniques to determine what proportion of the new trips can be expected to take Hummingbird Ln, particularly during peak AM and PM travel hours. Transportation staff estimates "zero" travel on Hummingbird Ln, which is not credible. City Staff has acknowledged that Hummingbird Ln is narrower than the safe design standards for an Iowa City street. It is 25 feet from the back of one curb to the back of the opposite curb. This allows for 24 feet of driveable width. Houses on the West side of Hummingbird Ln make extensive use of on -street parking. It is not possible to safely pass oncoming traffic on this 24 foot wide street with existing on -street parking. Consider that a standard 3 -car -garage has an internal dimension of 32 feet wide, and you will have some sense of the difficulty of passing another car at speed on this street. Cars currently must attempt to find a space behind a parked car to "yield" to oncoming traffic. SOLUTI THE NORTHEAST DISTRICT PLAN LNCUUKAGtJ LUL Ut JAl J AIW JIIVULL wHUeU .31 Rrr= Ira TO PROTECT TREES AND PUBLIC VISTAS g NEIGHBORHOOD PLANNING PRINCIPLES Citizen planning is instrumental in shaping desirable neighborhood development. Adopted June 29, 1999 Revised August 21, 2007 OEPAIlTMiiT OP PIAMYI.YG AND COIPfOhTTP 410 E Washington Street to The citizengeneraled principles outlined below are the backbone of the Northeast District Plan, and are intended to be adhered to as guidelines for neighborhood develop nent.Thefollowingneighbor- hmd planning prioriples evolved from the Northeast Deirid citizen workshops, which were held in Manoha,,nl 1999: Preserve natural features. The citizen planning teams emphasized the irryorance M preserving the natural beauty of the Northeast District. To protect natal features, such as steep, wronded ravines, stresm corridors and wetlands, the plan calls be 0 Providing green open space areaser buffers between urban development and sensitive features, such as woodlands, wetlands, andcreeks. 0 Incorporating and maintaininga green open space buffer between Hickory Hill Park and urban develsprient to preserve the natural intesphy of the park. 0 Preserving the 1 Ooyear goociplain as a natural corridor. 0 Integrating stormwater detention ponds within natural, drainage areas, such as creeks. 0 Using conservation design principles to locate streets, utilities and structures In a way that mini - minter disturbance ofnatural features . © Treatingeovirmor enally sensitive areas a"anenities. 0 Encouraging the use of single -loaded streets (development m only one side M a street) when necessary to perfect emironmenally sensitive anus and create Public vistas. e,amps° olslnass-M4d suer HUMMINGBIRD LANE IS A SINGLE LOADED STREET. MAKING PINE GROVE LN INTO A CUL-DE-SAC WOULD PROTECT TREES AND PUBLIC VISTAS EIGHBORHOOD PLANNING PRINCIPLES izen planning is insuumemarl in shaping desirable neighborhood developmem, e citizengenaated principles "lined below are the backbone of the Northeast District Plan, and r intended W be adhered to as guidelines for neighborhood development. The fol lowing neighbor- od planning principles evolved from the Northeast Dmria on zen workshops, wh lch were held in rob -April 1998: nerve natural features. The citizen planning teams emphasized the importance of preserving the lural beauty of the Northeast District. To protect natural features, such as steep, wooded ravines, =am corrklors and wetlands, the plan calls for: Providing green open space areas or buffers between urban development and sensitive features, such as woodlands, wetlands, and creeks. Incorporating and maintaining a green open space buffer between Hickory Hill Park and urban development to preservelhe natural integrity of the park. Preserving the IMyear floodplain as a natural corridor. 0 Integrating stormwater detention ponds within natural, drainage areas, such as creeks. 0 Using conservation design principles to locate streets, utilities and structures in a way that mini- mizes disturbance of natural manner, 0 Treating environmentally sensitive areas as amenities. 0 Encouneging the use of smdg loaded sheets (development tun only one side of a street) when necessarytoprotecte imnmenullysensitiveareasand create public vistas. !.amokdrMgle rw*i1nrers The City of Iowa City's Northeast District Plan (at page 9) recommends "Incorporating trail connections at the ends of CUL-DE-SAC streets" to "provide pedestrian bicyclist connections. This cul-de-sac street with a trail connection is found at the end of Hanover (see satellite view to the left), which is less than 200 feet from the proposed development. This could be incorporated into the development to connect pedestrian traffic to Hummingbird Ln from the redesigned Pine Grove Ln (which could terminate as a CUL- DE-SAC. A GREEN development plan mould: Protect the environment and trees by claiming 15,000 sf of "open space" and incorporating a CUL-DE-SAC design with a trail connection. Cut the 36 unit apartment complex in half. An IS _ unit "small apartment building" would be more consistent with historical density for RS - 8 zoning. i4'0��W: AW , , SCAL", f Proposed Apartment Building is'TOO BIG r Itlwould be one of the largWt structures Jt�lowa Cit ! .$CALF7of Propo,§ed Apartri►ent Building is�TOQ, JGY'•�ri; `: I `enc It would be one of the largejt structgres nryutit a» i! -T a Proposed Apartment Building = 280 feet wide Hancher Auditorium = 160 feet at widest point Proposed Apartment Building = 280 feet wide New UI Petersen Dormitory = 210 feet wide $CAL , f Propo,§ed Apartment Building isITOOSIG it�woUld be one of the larg t structures o r►a Cit ,�;; r 410 E. Wssh�88uu r. LN $CALof Propo,§,ed Apartment Building is,T-C i !t�would be oneOf the largeit structure�sil�-( ,la OTI i ai � r r .N � • � — ti LA SOLUTION: REJECT THE CURRENT PLAN. �EQUIRE A REEN PLAN that �nril I Protect the environment and trees by claiming 15,000 sf of "open space" and incorporating - - a CUL-DE-SAC design with a trail connection. Cut the 36 unit apartment complex in half. An 18 unit "small apartment building" _. would be more consistent with historical density for RS - 8 zoning. OBJECTION TO REZONING Scott Blvd and Lower West Branch Rd. REZ15-00023/SU B15-00031 Submitted by Greg Hamilton, JD 260 Hummingbird Ln, Iowa City, IA 4 Main Objections: 1. TREES ARE NOT ADEQUATELY PROTECTED in the site plan. 2. The plan does not include the developer's original CUL-DE-SAC design, which the developer indicated would SAVE MORE TREES. 3. Connecting the new Pine Grove Ln to Hummingbird Ln creates a DANGEROUS SITUATION given the number of trips generated and the width of the road. 4. The SCALE of the proposed 280 foot wide apartment building is TOO BIG. It would be one of the largest structures in Iowa City! PROBLEM #1 TREES ARE NOT ADEQUATELY PROTECTED IN THE SITE PLAN NEARLY ALL OF THE 40 YEAR OLD MATURE TREES ALONG THIS 565 FOOT LONG PROPERTY LINE ON THE WEST SIDE OF HUMMINGBIRD LN REMAIN AT RISK UNDER THE PROPOSED PLAN. There is NOT adequate F1_ J depth in proposed lots ?' _ 6-9 to be able to save - the mature trees along Hummingbird Ln. 1y Lot depth is the same as homes to the south T ' (such as 167 -- Hummingbird). 167 Hummingbird is set back to exactly where the wooden fence is set back from Hummingbird Ln in the above picture. MOST OF THE TREES WOULD LIKELY BE IN THE FOOTPRINT OF NEW HOME CONSTRUCTION OR THE NEW PINE GROVE LN. I - 0 12 SOLUTION TO THE qVE TREES — — The Planning and ! {fTi74E VltilfiaE , Zoning Staff Report --; 3 noted that development of this Sze, a little over 15,000 sf of OPEN SPACE would need to be provided, or a fee comparable to that value of property provided. The eastern border of the property along Hummingbird Ln is 565 feet. The roperty line TZ begins at the fence. If 27 feet of depth 1 hind the fence is (p:rotected, the mature trees could remain in this 15,000 sf of OPEN ---SPACE. THERE IS NO OPEN lJ-1 PACE IN THE =CURRENT PLAN. .s noted that development of this Sze, a little over 15,000 sf of OPEN SPACE would need to be provided, or a fee comparable to that value of property provided. The eastern border of the property along Hummingbird Ln is 565 feet. The roperty line TZ begins at the fence. If 27 feet of depth 1 hind the fence is (p:rotected, the mature trees could remain in this 15,000 sf of OPEN ---SPACE. THERE IS NO OPEN lJ-1 PACE IN THE =CURRENT PLAN. PROBLEM #2: The plan does not include the developers original CUL-DE-SAC design, which the developer indicated would SAVE MORE TREES. The Planning and Zoning Staff indicated that their internal design standards would not allow a Cul -De -Sac, but refused to explain further. However, the Planning and Zoning office gave us a list of residents that live within 200 feet of this proposed development if we wanted to distribute a petition. Ironically, there are at least three Cul -De - Sac streets with 200 feet: 1. Tulane 2. Hanover 3. Riverview/Scott Park Dr. Development 3 � 3 HelgvgG #2 #3 �Dwc„ PROBLEM #3: CONNECTING THE NEW PINE GROVE LN TO HUMMINGBIRD LN CREATES A DANGEROUS SITUATION GIVEN THE NUMBER OF TRIPS GENERATED The Staff Report estimates that this 54 household subdivision will generate 390 trips per day. This estimate apparently uses generic ITE trip data for "households" and "apartments" and likely understates the true number. The actual number is more likely to be 713 trips generated per day, when corrected for household income and apartment size. According to the comprehensive, and most recent, 2009 National Household Travel Survey by the U.S. Dept of Transportation Federal Highway Administration, "more income is related to more travel." Table 8 on page 18 indicates that households with annual income of $80,000 make 13.2 person trips per day. htto://nhts.orni.eov/2009/oub/stt.odf An analysis on the International Transportation Engineers site also indicates that for a college town, the number of bedrooms in an apartment is a relevant, independent variable in determining how many trips will be generated by the apartment. These expensive, 2-3 bedroom apartments are not within normal walking distance of campus or downtown. They should be treated as other households. http://community.ite.org/blogs/christopher-clemow/2014/04/10/trip-generation Using the above analysis, 54 households times 13.2 trips per day equals 713 unique trips generated by this new development. PROBLEM #3: CONNECTING THE NEW PINE GROVE LN TO HUMMINGBIRD LN CREATES A DANGEROUS SITUATION GIVEN THE NUMBER OF TRIPS GENERATED 54 households times 13.2 trips per day equals 713 unique trips generated by this new development. Transportation planners have NOT used any of the accepted ROUTE ASSIGNMENT ANALYSIS techniques to determine what proportion of the new trips can be expected to take Hummingbird Ln, particularly during peak AM and PM travel hours. Transportation staff estimates "zero" travel on Hummingbird Ln, which is not credible. City Staff has acknowledged that Hummingbird Ln is narrower than the safe design standards for an Iowa City street. It is 25 feet from the back of one curb to the back of the opposite curb. This allows for 24 feet of driveable width. Houses on the West side of Hummingbird Ln make extensive use of on -street parking. It is not possible to safely pass oncoming traffic on this 24 foot wide street with existing on -street parking. Consider that a standard 3 -car -garage has an internal dimension of 32 feet wide, and you will have some sense of the difficulty of passing another car at speed on this street. Cars currently must attempt to find a space behind a parked car to "yield" to oncoming traffic. _aWsaa. Y .sem —_- SOLUTION: THE NORTHEAST DISTRICT PLAN ENCOURAGES CUL DE SACS AND SINGLE LOADED STREETS TO PROTECT TREES AND PUBLIC VISTAS 8 NEIGHBORHOOD PLANNING PRINCIPLES Citizen planning is instrumental in shaping desirable neighborhood development. The citizen -generated principles outlined below are the backbone of the Northeast District Plan, and are intended to be adhered to as guidelines for neighborhood development. The following neighbor NORTHEAST PLANNING DISTRICT - hood plan rung principles evolved from the Northeast District citizen workshops, which were held in March -April 1998: Iowa City Ap ' �r,, ter' Adopted June 219, 1999 Revised August 21, 2007 Ir£FARD411i OF FL&MMG AND COMiIIONIIY DEVEWPI01i CrPV OF IOWA Crli' 4101— Washington Street • Iowa City - Iowa 52245 Preserve natural features. The citizen planning teams emphasized the importance of preserving the natural beauty of the Northeast District_ To protect natural features, such as steep, wooded ravines, stream corridors and wetlands, the plan calls for. Li Providing green open space areas or buffers between urban development and sensitive features, such as woodlands, wetlands, and creeks. Incorporating and maintaining a green open space buffer between Hickory Hill Park and urban development to preserve the natural integrity of the park. Preserving the 100 -year floodplain as natural corridor. Integrating stormwater detention ponds within natural, drainage areas, such as creeks. j Using conservation design principles to locate streets, utili4iesand snucturesinaway that mini- mizes disturbance of natural features. ® Treating environmentally sensitive areas as amenities. L3 Encouraging the use of single -loaded streets (development on only one side of a street) when necessary to protect environmentally sensitive areas and create public vistas. FF iA °t ..�%✓/^..—�1 r��l. /iry.y°���)AW/li'U ,Niryy "/" f� �._ Exynpfe o/sin8le.roaded surer HUMMINGBIRD LANE IS A SINGLE LOADED STREET. MAKING PINE GROVE LN INTO A CUL-DE-SAC WOULD PROTECT TREES AND PUBLIC VISTAS NEIGHBORHOOD PLANNING PRINCIPLES Citizen pfanning is instrumentai in shaping desirable neighborhood devefopment. The citizen -generated principles outlined below are the backbone of the Northeast District Plan, and are intended to be adhered to as guidelines for neighborhood development. The following neighbor- hood planning principles evolved from the Northeast District citizen workshops, which were held in March -April 1998: Preserve natural features. The citizen planning teams emphasized the importance of preservingthe natural beauty of the Northeast District. To protect natural features, such as steep, wooded ravines, stream corridors and wetlands, the plan calls for. La Providing green open space areas or buffers between urban development and sensitive features, such as woodlands, wetlands, and creeks. 1j Incorporating and maintaining a green open space buffer between Hickory Hill Park and urban development to preserve the natural integrity of the park. Preserving the 100 -year floodplain as natural corridor. Integrating stormwater detention ponds within natural, drainage areas, such as creeks. I[3 Using conservation design principles to locate streets, utilities and structures in a way that mini- mizes disturbanceof natural features. Treating environmentally sensitive areas as amenities. [j Encouraging the use of single -loaded streets (development on only one side of a street) when necessary to protect environmentally sensitive areas and create public vistas. frampte ofsingle-lwdeo�AWE Yl ^ J The City of Iowa City's Northeast District Plan (at page 9) recommends "Incorporating trail connections at the ends of CUL-DE-SAC streets" to "provide pedestrian bicyclist connections. This cul-de-sac street with a trail connection is found at the end of Hanover (see satellite view to the left), which is less than 200 feet from the proposed development. This could be incorporated into the development to connect pedestrian traffic to Hummingbird Ln from the redesigned Pine Grove Ln (which could terminate as a CUL- DE-SAC. A GREEN development plan would: Protect the environment and trees by - - claiming 159000 sf of "open space" and incorporating a CUL-DE-SAC design with a 3 trail connection. • Cut the 36 unit apartment complex in half. An 18 _ unit "small apartment building" would be more consistent with historical density for RS - 8 zoning. All Y Will itl till:, 1111j, ����: ,e lid �� "rnt rp=;,�lllllil6' �ME�s Ill �ism _'.!€If1q,,yl'I�� t $CAL of Propor pd Ap'artr nt aBi�jtl '�i� 1- IT E3'JG It, quT "be one of the larg t structures ' owa Cit' �k I �� EWA 413 Y s so ='.,I re_ "� �Ml�: 1� irm-',�IMn IfB�..:� 1 IIIIII I tl CAL of Propor d Ap'artr nti,6 1 'ing- T �E3'JG °' ; �glt wool be one of the larg t structures ' owa Cit' ak, JA lea 71 M EWA All Y 8 -rs ill Ai�:.�n1ra rt d Ili.,; X11 i' tp=� x.. �Ml�= III -ism -..hof? "'... 4�Ya-t�= -Ik I � IIIIII I "Y' IllUlil�' $CAL of Propor�pd Apartr nt.]BOR1�'Jng,-�, T���E3'JG °' iii It, wou be one of the larg t s � ' - �d ; � . , � tructure�s��owa C�t��� A AS• uF All y fill` itl fill:, 1111j, : ,er��l 11: �tl X11,•_ llllll� ��„"rnr re=;,�llllilE' �MlIi:1� ism Vol I �iCAL of Propor pd Ap'artr nt.]BOJ6t i� ,E , IT _ ... �glt wouT ' be one of the larg t structuress ' owa Cit' a k, T__ ��em, nasi y uF All r fill` itl fill:, 1111j, : ,er�,l 11: �tl +11,•_ llllll1��„"rnr re=;,�IllllilE' �MlIi:1� ism Vol �iCAL of Propor pd Ap'artr nt.]BOJ6t i� ,E , IT _..a �glt woul "be one of the Ilarg t structuress't owa CtjA '�� -..-� . ... ....„ ,,,- ... ., .__... ,� .,.�. , .-.. ,:; , z,-,.:�:.� . ,,. „� ,?-�x��.r-:•-s, xir���st�ars+er.�".sm�..., ^z...x•..ar�-r rs°,x'a:. aa.re�arrn LI= d 3 � Air SOLUTION: REJECT THE OURRENT PLAN. EQUIRE A REEN PLAN that ill �. Protect the environment and trees by claiming 159000 sf of "open space" and incorporating - a CUL-DE-SAC design with a trail connection. • Cut the 36 unit apartment complex in T half. An 18 unit "small apartment building" would be more consistent with historical density for RS - 8 zoning. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org LATE HANDOUTS: Information submitted between distribution of packet on Thursday and close of business on Tuesday. CONSENT CALENDAR: Resolutions and Motions ITEM # 3d(1) Email from Atty. Joe Holland, representing the applicant, requesting deferral to April 5: Churchill Meadows Parts Two and Three Correspondence ITEM 3f(14) Douglas Hills: REGULAR AGENDA: ITEM 5c - REZONING SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD (PINE GROVE) Correspondence from: Monica Maloney-Mitros; Linda Farmer; Gaby Cardenas; Lorena; Maggie Keyser; Ted Weiler; Thomas Stevenson; Rosemarie Scullion; Ann and Greg Muilenburg; Chester Woodman; Kevin Keyser. Memo Dev. ces ITEM 8 — TRANSPORTATION NETWORK COMPANIES (UBER) Correspondence from: Bob Long; Harry Olmstead; Roger Bradley ITEM 10h — PLANNING AND ZONING COMMISSION Correspondence from: Harry Olmstead ITEM 12c HUMAN RIGHTS COMMISSION One vacancy to fill an unexpired term ending January 1, 2017. (Ali Ahmed resigned) Correspondence included in Council packet. INFO PACKET OF 3117 IP10: (Revised title only) Letter from Mid America Energy Company: Iowa City Community Report Calendar Year 2015 IP12: Email from Kurt Hamann to Mayor Throgmorton: City dump -road pick up [Staff response included] CITY OF IOWA C1TY MEMORANDUM Late Handouts Distributed Date: March 21, 2016 To: Geoff Fruin, Interim City Manager 3 ' ZTZ i LD From: John Yapp, Development Services Coordinator (Date) C, Re: REZ15-00023/SUB15-00031 Pine Grove Development Proposal In light of several pieces of public comment staff the City Council received regarding the Pine Grove development proposal, staff wanted to provide some additional information: The vehicle trip generation source staff uses is the Institute of Traffic Engineers Trip Generation Manual (nationally accepted standard for traffic estimates). The trip generation rates used are based on observational studies in real-world conditions. Vehicle trip generation rates should always be taken as estimates. Staff did not reduce our vehicle estimates based on Iowa City's relatively high rates of other travel modes (8.9% trips using transit; 13% walking; 4.6% biking based on most recent city-wide data). Whether actual vehicle use is somewhat higher or lower than the estimates, it would not change staff's conclusions. • The City's Subdivision Code requires an interconnected street network wherever possible, in order to promote connectivity within neighborhoods, multiple access points, and in general contribute to a larger interconnected network. The Subdivision Code does allow cul-de-sacs to avoid environmental constraints — staff would not define the row of trees along Hummingbird Lane as an environmental constraint. Regarding the width of Hummingbird Lane (25 -feet back -of -curb), Iowa City has several neighborhoods served by streets that are 25 feet wide. On -street parking causes a 'give - way' situation where a vehicle may need to pause and 'give -way' to an approaching vehicle — staff feels this helps slow down traffic speeds, and is appropriate on lower -volume residential streets. • The proposed planned development does include open space — almost an acre (39,315 square feet) of the pine woodlands area at the northwest corner of the property is proposed to be preserved as a separate outlot (proposed to be owned by the homeowner's association). In addition, approx. '/3 acre of woodland would be preserved along the southern boundary of the property. • The proposed planned development requires a tree protection plan to be submitted and approved by the Forestry Division prior to grading or issuance of building permits. There has been commentary that the proposed multi -family building would be one of the largest in Iowa City. Using GIS aerial imagery, staff measured the footprint of the multi- family buildings (Regency Heights) to the south at approximately 250 feet long; the Iowa City Care Center on Herbert Hoover Highway at approx. 390 feet; and Legacy Point at the corner of Scott Blvd and Lower Muscatine Road has three buildings (approx. 240 feet, 305 feet and 360 feet). There are larger buildings in the community in terms of height and scale. Iowa City's multi -family design standards are intended to break-up the massing of multi -family buildings by requiring building articulation with features such as bays, projections, changes in roofline, and a mixture of building materials. Late Handouts Distributed Marian Karr ,"; —a ;7— —/�/ From: mmmitros@mchsi.com Sent: Sunday, March 20, 2016 10:11 PM (Date) 54 To: Council Subject: development at SE corner of Scott Blvd and Lower West Branch Road Dear Mr. Botchway, Mr Cole, Mr. Dickens, Ms. Sims, Ms. Taylor, Mr. Thomas and Mr. Throgmorton, I am writing to restate my concerns about this development. In general, I am quite happy with the way the developer has planned the single family houses and 4 plexes in this beautiful area with concerns for preserving the trees. However, I feel the apartment building is just too large for this area. If you were to drive in the development just north that contains both commercial and residential you would not see a building this large. I believe the apartment building should be downsized. My second concern is for the increased traffic that will enter Hummingbird Lane from this development. Hummingbird Lane was not designed for this increased traffic. It is a two block neighborhood road meant for local traffic with the narrow width and curves at both ends a planned design meant to keep traffic count low and discourage using the road as a cut through. With the current development plan traffic could be increased more than triplefold. I feel this traffic would be much better handled by an exit to Scott Blvd. Please consider the safety issue of this traffic increase. Finally, since this is currently such a beautiful area as far as trees and landscaping are concerned, it seems that a set aside of land for public use would be a much better idea than paying a fee. The beautiful land is already there. If the apartment building is downsized, then the land would be available. Please consider these concerns in making your decision. Thank you for your attention. Sincerely, Monica Maloney-Mitros, resident on Hummingbird Lane Marian Karr From: Linda Farmer <linda.farmer07O4@gmail.com> Sent: Sunday, March 20, 2016 6:11 PM To: Council Subject: Subdivision I live on Lower West Branch Rd; east going to St Patrick's Church - Late Handouts DistriouL;- I am extremely opposed to this new development on the former Lou Frank's land - 3 (Date) ;�e- ry Where are our environmentalists when they are really needed? Lou Frank planted and tended all those trees expressly for wildlifelbirds/ so many years ago- Why would Iowa City, with it's ability to eliminate so many beautiful sanctuaries and historical buildings, want to add this to their list? Monies of course - The traffic on Lower West Branch Rd right now is extremely heavy at all hours of the day and night- we built 'out in the country' to preserve our right to privacy - The single family dwellings, condos, etc are not needed- let someone buy the land that wants to update the house and keep this area private as it was intended - what happens years from now when all buildings go downhill; taking the value of our housing down with it? I ask the council to reconsider this decision; let this beautiful area be instead of some investor who is only interested in money for himself - thank you Late Handouts Distributed Marian Karr From: Gaby Cardenas <gabycardenas6l @yahoo.com> Sent: Saturday, March 19, 2016 9:52 PM (Date)5 To: Council Subject: Regarding subdivision going through my neighborhood lane Hi my name is Gaby and I live in 71 Hummingbird lane and I'm emailing in regards to a subdivision that will run through our street for a proposal of apartments that is said to be built. My family and I have lived here for about 12 years and moved to this neighborhood for its peaceful environment and being away from the traffic. Taking that peacefulness from us and all our neighbors would very much effect us and those who have kids who love to play outside, knowing there isn't cars passing through. I agree with Pine Grove LN intersecting Scott Park blvd but not our lane of Hummingbird. I'm also considering our Regency Heights residents behind our neighborhood who very much love the quite environment and since I can remember, we have been a quite private street for everyone and would greatly appreciate if it were to stay like that. Also having our parking street is something all of us have enjoyed having. Late Handouts Distributed Marian Karr From: Lorena <lorena m68@yahoo.com> Sent: Saturday, March 19, 2016 10:04 PM L To: Council (Date)5G Subject: In regards to construction of new project on hummingbird lane My name is Lorena and I've lived and moved into the street of Hummingbird lane for about 12 yrs now. My husband and I chose to live here with our family for how it was first built and the environment it provided for our kids. Taking the privacy away from not only us but the rest of our neighbors would be unnecessary since this lane is known to be private and peaceful for all of us. No one has to worry about cars going through our street because this street is made like that. Having the proposition changed to be intersecting only lower branch and Scott park Blvd would be the best solution in my opinion. Residents who live behind our houses who are our friendly Regency Heights members would definitely love this street to be private and stay how it is. Thank you for hearing us out and taking our opinions in considerations .... Late Handouts Distributed Marian Karr From: Maggie Keyser <maggie.keyser@gmail.com> Sent: Sunday, March 20, 2016 10:57 AM Council Su (Date) of 5� Subject: proposed Pine Grove Lane As a resident on Hummingbird Lane, I respectfully respect that you do NOT approve the city's request to make Pine Grove Lane a through street at Wednesday's meeting. I would request instead that you approve making it a cul-de-sac only, with entrance/exit on Lower West Branch Road. Our street is narrower than City Code requires for safety. It is a quiet, family -friendly street that was not designed for lots of traffic. Thanks for your consideration in this manner. Maggie Keyser 23 Hummingbird Ln Iowa City 52245 Marian Karr Late Handouts Distributed From: Sent: To: Subject: Dear Council Members, Greg Muilenburg <gmuilen66@gmail.com> Tuesday, March 22, 2016 1:06 PM Council Pine Grove Lane (Date) When the homeowners on the east side of Hummingbird were forced to be annexed by Iowa City the design of Hummingbird Ln was agreed upon to help reduce trough traffic from Scott Park to Lower West Branch Rd. Clearly, the size of this new development will cause a large increase in traffic on Hummingbird Ln which has already been increasing as development occurs in the area. We would like you to consider not allowing Pine Grove Ln to intersect with Hummingbird Ln. Thank -you, Ann and Greg Muilenburg 66 Hummingbird Ln Late Handouts Distributed Marian Karr From: twieler@juno.com Z Z Sent: Tuesday, March 22, 2016 11:49 AM To: council (Date)O5 C Subject: Proposed Pine Grove Lane/Pine Grove Subdivision I live on Edgewood Circle, which has its only exit on to Scott Park just south of Hummingbird Lane. The proposal to have the new Pine Grove Lane exit onto Hummingbird, which will likely cause a great increase in traffic flowing south on Scott Park, will be a significant and negative impact on the quality of life of the present residents. Hummingbird and Scott Park are three lanes wide and each allows on the street parking. This parking is essential for the existing residents. If, with the proposed increase in traffic, Hummingbird Lane and Scott Park south of Hummingbird are changed to restrict on the street parking the current residents will be negatively impacted. Where are the residents and their visitors to park? If the Scott Park residents near Edgewood Circle (where I live) begin parking their vehicles on Edgewood Circle then where will there be space for the residents and those visiting the Edgewood Circle residents to park? I ask that the Council would give serious consideration to the quality of life of the existing community and residents when considering this new development and deny the proposed construction of Pine Grove Lane as a through street between Lower West Branch and Hummingbird Lane. I ask that the new Pine Grove Lane be changed instead to a cul-de-sac such that the traffic will exit only onto Lower West Branch, a wider street that is already parking restricted. Thank you for considering this request and acting to preserve the existing nature of the community that is Hummingbird, Scott Park and Edgewood Circle. If not already committed I would have attended the Council meeting to express my opposition in person Ted Wieler Odds n Trends 81 Perfectly Timed Photos ... #59 Is Amazing! http://thirdpartvoffers.iuno.comlrGL3132/56fl 7797ab9f077972af5st01 vuc Late Handouts Distributed Marian Karr el From: Thomas Stevenson <tbsiam@gmail.com> J Sent: Tuesday, March 22, 2016 11:41 AM To: Council (Date) of,�C, Subject: Proposed Pine Grove Subdivision Hello, my name is Thomas Stevenson. I live at 164 Hummingbird Ln. I'm writing to voice my concern about the proposed Pine Grove Subdivision opening up to traffic on Hummingbird In. Hummingbird Ln. is and has been a VERY short, quiet and residential street. To have possibly 300 or more vehicles driving through it a day makes no sense. It doesn't have the capacity for that. Also, it would majorly change the nature of the street and neighborhood, most importantly making it less safe. I believe traffic should open up to either Scott Blvd or Lower West Branch Road, both of which can accommodate more traffic. Thank you very much, Thomas Stevenson Late Handouts DistributCL Marian Karr From: Rosemarie Scullion <rmscsh1@gmail.com> ' y Sent: Tuesday, March 22, 2016 10:59 AM (Date) ;0� To: Council 5G Subject: Agenda item 5c "Rezoning Scott Park Boulevard and Lower West Branch Road" Dear Iowa City Council members: I am writing to express opposition to the plan to create a new street, PINE GROVE LANE, which will service residents in the new apartment complex that is being discussed at this evening's Iowa City Council meeting (Item 5c, Rezoning Scott Blvd and Lower West Branch). According to the information I have received, this new street will directed 390 to 713 car trips down both Hummingbird Lane and Scott Park Drive. This plan, if approved, will worsen an already challenging situation on both of these streets. The situation with which I am most familiar relates to Scott Park Drive. Currently, when residents have guests who park on one or both sides of the street, there is already congestion when cars that are heading in both directions must stop to allow one of the cars to pass before the other proceeds. That is, when residents and their guests park on the street, passage is allowed only in one direction and one car at a time. If the city were to bar parking on these streets in order to accommodate this plan, residents and their guests have few if any other options for street parking, given that the street running parallel to our homes is Scott Park Boulevard, which obviously prohibits resident parking. To increase the number of car trips down Hummingbird Lane and Scott Park Drive will surely result in constant traffic jams, particularly during rush hours in the morning and later afternoon. Please consider the other proposed options of 1) making Pie Grove Lane a cul-de-sac that accesses only Lower West nBranch Road, or 2) Having Pine Grove Lane intersect with Lower West Branch and Scott Park Boulevard, but NOT Hummingbird Lane. Thank you for considering my comments. Rosemarie Scullion 813 Scott Park Drive Iowa City, IA 52245 (319) 338-5400 rmscshl na,etnail.com Late Handouts Distributed Marian Karr From: CWood8335@aol.com Sent: Tuesday, March 22, 2016 2:40 PM �J To: Council (Date) Cc: GREGORY-HAMILTON@U IOWA. EDU G Subject: MINE GROVE SUBDIVISION COUNCIL MEMBERS 22MAR16 WE LIVE ON SCOTT PARK DRIVE AND THE CURRENT TRAFFIC SITUATION WITH SPEEDING CARS AND CARS CURBSIDE PARKING MAKES FOR AN UNSAFE CONDITION' IF THE PROPOSED NEW STREET "PINE GROVE LANE" IS APPROVED AS IT IS CURRAENTLY DESIGNED WITH THROUGH TRAFFIC ONTO SCOTT PARK DRIVE IT WILL BECOME A SIGNIFICANT SAFETY CONDITION. MAKE THE NEW STREET A CUL-DE-SAC TO RESTRICT INCREASED TRAFFIC ON ALREADY HEAVY TRAVELED SCOTT PARK DRIVE. THANK YOU FOR YOUR CONSIDERATION CHESTER WOODMAN 915 SCOTT PARK FRIVE Marian Karr Late Handouts Distributed From: Sent: To: Subject: Members of the Council, Kevin Keyser <kevin.keyser@gmail.com> Tuesday, March 22, 2016 2:53 PM Council Rezoning Scott Blvd and Lower West Branch Rd -g—� (Date) # �� There are many things wrong with this proposal but I am writing to ask that you not approve the city's request to make Pine Grove Ln a through street to Hummingbird LN. Hummingbird LN is narrower than city code requires, it is only 24 ft. Instead I am requesting you make it to be a cul-de-sac that connects to Lower West Branch Rd. Other items I see that should be obstacles to this rezoning request are: the loss of green space and trees and the massive apartment building. Once again, I request you do not connect Hummingbird LN and Lower West Branch Rd with a street through this development. Thank you, Kevin Keyser 23 Hummingbird LN Late Handouts Distributed From: MSN <waltjoanfoley@msn.com> _6 _d -5 A Sent: Tuesday, March 22, 2016 8:08 PM �t✓ To: Council (Date) Subject: Proposed development -Scott Blvd. - Lower West Branch Rd. We live at 140 Hummingbird Ln. We are concerned about the proposed Pine Grove Ln. Where it intersects with Hummingbird Ln.- and also the size of the apartment complex to be built. We have lived in our house for 42 years. Our street, Hummingbird Ln., is not wide enough to carry the amount of traffic that would be generated by the proposed plan which includes having Pine Grove Ln. Intersect with Hummingbird Ln. Our area is beautiful and we are sure the proposed decision by the Council will destroy the uniqueness of our neighborhood. As it grows, our neighborhood is also adding many families with young children. The purposed development will add congestion as it takes away the safe streets that presently surround their homes. Thank you for your consideration of our thoughts and concerns. Walt & Joan Foley Sent from my iPad Late Handouts Distributea Marian Karr From: Lonnee Burkholder <Iccja76@gmail.com> Sent: Tuesday, March 22, 2016 8:54 PM (Date) 5� To: Council Subject: Property at Scott Park Drive and Lower West Branch Road I am writing to express my concerns regarding the proposed development and the plan for placement of the new "Pine Grove Lane". We own a home on Scott Park Drive, near it's intersection with Hummingbird Lane. I have serious concerns regarding the plan as proposed. If you have ever had the opportunity to view this property and to drive, or better yet - walk, in this neighborhood I know you would understand our opposition to this proposal. When we bought our home, there were condos to the North of our home. There was an empty lot to the South, which we were told (incorrectly as it turns out) would be another zero -lot home like ours and the others on this side of Scott Park Drive. At the intersection with Court Street, there is another multiple -unit condo building. A couple of years ago, the empty lot next to us was sold to a developer and despite the protest of many neighbors, 2 4 -unit condos were put in on a lot the size of ours. Despite the fact that all of these buildings have garages, as well as off-street parking, we have found that a lot of the residents of these buildings park on the street. We have seen first-hand the bottle- necks created by having so many cars parked on the street and our street is even wider than Hummingbird.I already have had difficulty turning onto Court Street from Scott Park Drive when the cars from the building at that end of the street are parked there - it makes it hard to even get to the stop sign because cars are coming from Court and turning on to Scott Park Drive. Last weekend, there was an estate sale a few doors down and the extra traffic and parking (which was temporary!) created a lot of congestion and I feel was a good indication of what adding more cars to this street and Hummingbird would do. If the new street intersects with Hummingbird, most of those cars are likely to proceed onto Scott Park Drive to Court Street. I would strongly urge that if there has to be a development as proposed, the street not intersect with Hummingbird. Ideally, this beautiful property would not be destroyed and all the beautiful trees be lost. I hope you have had a chance to view this lovely property and surrounding neighborhood and to imagine how a development of this magnitude would negatively impact this area. I would like to see the whole project denied, but have a feeling it is too late for that. Please keep these concerns in mind when you make decisions regarding this beautiful property. Thank you for any consideration you can give our concerns. Lonnee and Cathy Burkholder 917 Scott Park Drive Late Handouts Distributed Marian Karr From: Kutschke, William J <william-kutschke@uiowa.edu> Sent: Wednesday, March 23, 2016 2:23 PM To: Council (Date) -- S C_ Subject: Scott Park area development I am writing to you to express my opinion on the proposed development of the northeast area near Scott Park Drive. While I am not against any type of development in this area, the proposed building is much too large for this area. Additionally, the proposed thoroughfare is, in my opinion, not the best option. While the proposal to end on street parking on Scott Park Drive is a very good idea, the suggested construction which would lead to this is not. The growth in population of Iowa City does not justify the continued overdevelopment of the east side. The long term effect on property values is very negative, and the public safety issues are not being properly addressed. Please do not allow this project to continue as currently proposed. William and Pamela Kutschke Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. 03-23-16 Prepared by: Ronald Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 7 ORDINANCE NO 16-4660 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 23rd day of march ATTEST: ?),Ia _e . 74�04,,,) CITY CLERK 2016. City Attorney's Office Ordinance No. 16-4660 Page 2 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x 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 03/31/2016 Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. 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 shalltransmit 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 8. (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 in all applicable state and federal laws for vehicle safety and inspections. The TNC shall require that all vehicles are ten (10) model years old or newer (by way of example, during the calendar year 2016, the model must be the year 2006 or newer). 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. Approved By Eo�:-�r 3 S C_ City Attorney's Off±co 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 03/23/2016 Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole, Dickens, Mims, Taylor. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the 11 A ORDINANCE NO. AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE ULATIONS," BY ADDING A NEW CHAPTER 3, ENTITLED "TRANSPORTATION NETWOR COMPANIES". WHEREAS, the Nransportation Network Company (TNC) model i/becomi more prevalent across the country, and; WHEREAS, the T\and e[ provides additional means of transpoesidents and visitors throughout the Citniversity of Iowa campus, and; WHEREAS, the Iowa City wntown District and University o owa student organizations have expressed strong support for lowing TNC operations in IoV6 City. NOW, THEREFORE, BE IT ORDVTHEOUNCIL OF THE CITY OF IOWA CITY, IOWA: The Code of Ordinances of the Cereby amended as follows: Insert new Chapter 3. Chapter 3 - TRANSPORTATMPANIES SECTION 1. DEFINITIONS. As used i this apter: "Digital network" shall mean any online is pplication, website, or system offered or used by a transportation network company at enables prearranged ride with a transportation network company driver. "Dynamic Pricing" shall mean the bility of the TNC to just pricing during a temporary event where market demand has incre ed and the TNC desir to attract more TNC Drivers to make themselves available to accept assengers. Dynamic Prici shall be in effect only until the market demand returns to nor al. "Transportation Network Copang' or "TNC" shall mean an entit licensed pursuant to this Chapter that uses a digital n twork to connect passengers to Tran ortation Network Company Services provided by Tran ortation Network Company Drivers. A C is not deemed to own, control, operate or manag the vehicles used by TNC Drivers, and is of a taxicab or vehicle for hire. "Transportation Networ Company (TNC) Driver" shall mean an individual who operates a motor vehicle that is: (a) Owned, leased or therwise authorized for use by the individual; (b) Not a taxicab; an (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 eq h year, renewable under the provisions of this chapter. / "Transportation Network Company (TNC) Services" shall mean transportatio f a passenger between points chosen by the passenger and prearranged with a TNC D/he i r through the use of a TNC digital network. TNC Services shall begin when a TNC Drs a request for transportation received through the TNC's digital network , contine TNC Driver transports the passenger in the TNC Driver's vehicle, and end whsenger exits the TNC Driver's vehicle TNC Service is not a taxicab or vehicle for SECTION 2. NOT OTH'CARRIERS. TNCs or TNC contract carriers or motor c rriers, nor do they provide 1 SECTION 3. TNC LICENSER UIRED. (a) A person shall not operate aC in Iowa City the City Clerk. yrs are not common carriers, b or for -hire vehicle service. first having obtained a license from (b) An application for a license require under his section shall be filed with the City Clerk on forms provided by the city and must be ed y May 1. The application shall contain the following information: (1) The name and business address e (2) Proof of authorization from the to a of Iowa; and (3) Proof that the TNC's third part backgro accreditation by the National ssociatioi (NAPBS). applicant; cretary of State to conduct business in the state check provider possesses current Professional Background Screeners (c) The City Clerk shall issue a liVan nse to each applic nt that meets the requirements for a TNC set forth in this Chapter and pay annual license fe to the City. (d) Upon a complaint alleging violation of any of the pro 'sions of this chapter by a TNC driver or a TNC filed by any person ith the City Clerk, the City C rk, or designee, may revoke or suspend the operating licen of such holder or require the C to remove said TNC driver from the system as describ d in this chapter with good cause own. (1) Good cause for the suspe sion or revocation of an operating lic se may include the following: (a) Failure of a operating license holder to maintain y and all of the general qualificat' ns applicable to the initial issuance of the ermit as set forth in this chapter (b) Obtaini g an operating license by providing false inform ion (c) Violati g any ordinance of the city which adversely affects the ability of the holder to offe 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 apractical thereafter, shall conduct a hearing at which the appealing party will be given an opp ) nity to present evidence and make argument in the person's behalf. SECTION 4. FARE CHA GED FOR SERVICES. (a) A TNC may charge a fa for the services provided to charged, the TNC shall discl se to passengers the fare c within the digital network Th TNC shall also provide pa being charged and the option treceive an estimated far Driver's vehicle. ias engers; provided that, if a fare is c lation method on its website or rengers with the applicable rates before the passenger enters the TNC (b) If a TNC utilizes dynamic pricing%rough its digit? network , the TNC must: (1) Provide clear and visible indic tion that dy mic pricing is in effect prior to requesting a ride; (2) Include a feature that requires pricing will be applied before a (3) Provide a feature that allows a pricing. SECTION 5. IDENTIFICATION OF' network shall display a picture of the vehicle utilized for providing the TNC vehicle. A to nfirm that they understand that dynamic ;a request a ride; and request a fare estimate that includes the dynamic VEHIES AND DRIVERS. The TNC's digital Driver, nd the license plate number of the motor /ice befo the passenger enters the TNC Driver's SECTION 6. ELECTRONIC RE EIPT. Within a reaso ble period of time following the completion of a trip, a TNC shaltransmit an electronic re eipt to the passenger that lists: (a) The origin and destination the trip; (b) The total time and distanc of the trip; and (c) An itemization of the total are paid, if any. SECTION 7. INSURANC . (a) TNCs and TNC Dri rs shall comply with the automobile liabili insurance requirements of this Section 8. (b) The following aut mobile liability insurance requirements shall applk during the time that a TNC Driver is logged i o the TNC's digital network and available to recei a requests for transportation but is not providing TNC Services: (1) Automobile liability insurance that meets at least the minimum coverage requirements per th Motor Vehicle Financial and Safety Responsibility Act, Chapter 321A of the Code o Iowa. (2) Automob liability insurance in the amounts required in paragraph (1) of bsection (b) shall be aintained by a TNC and provide coverage in the event a pa 1cipating TNC Driver's own utomobile liability policy excludes coverage according to ' policy terms or does nQ,4r vide coverage of at least the limits required in paragra (1) of subsection (tZ). (c) The following automp 'le liability insurance requirements shall appl while a TNC Driver is providing TNC Services: (1) Provides primary aut mobile liability insurance that recogni s the TNC Driver's provision of TNC Se ' es; (2) Provides automobile li ility insurance of at least $1,00 ,000 for death, personal injury and property damage; (3) The coverage requiremen s of this subsection (c) m y be satisfied by any of the following: (A) Automobile liability insur ce maintained by a TNC Driver; or (B) Automobile liability insuran a maintained b the TNC; or (C) Any combination of subpara aphs (A) a (B). (d) In every instance where insurance mai aine y a TNC Driver to fulfill the insurance requirements of this Section 8 has lapsed, fai d provide the required coverage, denied a claim for the required coverage or otherwise ce sed to exist, insurance maintained by a TNC shall provide the coverage required by this se i beginning with the first dollar of a claim. (e) Insurance required by this Section 8 y be pl ed with an insurer authorized to do business in the state of Iowa or with a sur lus lines in urer eligible under section 5151.3 of the Code of Iowa. (f) The TNC shall disclose in writing TNC Drivers the f lowing before they are allowed to accept a request for TNC Services the TNC's digital net ork: the insurance coverage and limits of liability that the TNC provi s while the TNC Driver es a personal vehicle in connection with a TNC's digital n work. SECTION 8. ZERO TOLER CE FOR, DRUG OR ALCOHOL U E. (a) The TNC shall impleme a zero tolerance policy on the use of d gs or alcohol while a TNC Driver is providing TNC Se ices or is logged into the TNC's digital ne ork but is not providing TNC Services, and shall rovide notice of this policy on its website, as ell as procedures to report a complaint abou a driver with whom a passenger was matched a d whom the passenger reasonably uspects was under the influence of drugs or alcoh during the course of the trip. (b) Upon receipt of uch passenger complaint alleging a violation of the zero to\lasthe e policy, the TNC shall im diately suspend such TNC Driver's access to the TNC's digtwork and shall conduct an ' vestigation into the reported incident. The suspension shall duration of the investigation. (c) The TNC shall maintain records relevant to the enforcement of this requirement for a of at least two,�,2) years from the date that a passenger complaint is received by the TV SECTION 9. TNC DKIVER REQUIREMENTS. (a) Prior to permitting ai-I dividual to act as a TNC Driver on its di/information the TNC shall: (1) Require the ividual to submit an application to the Tin information regardin his or her address, age, driver's licenstory, motor vehicle registration, au mobile liability insurance, and othe required by the TNC; (2) Conduct, or have a thi party conduct, a loca check for each applicant tha hall include: (A) Multi-State/Multi-Ju 'sdiction Criminal commercial nationwide d tabase with v d (B) National Sex Offender egistry da ba:..,, (3) Obtain and review a driving hist res rch report for such individual. ational criminal background cords Locator or other similar ation (primary source search); and (b) The TNC shall not permit an individual to (1) Has been found guilty of or ente violations in the prior three-year per' period (including, but not limited NaleaNC Driver on its digital network who: of guilty to more than three moving ajor violation in the prior three-year o evade the police, reckless driving, or driving on a suspended or revokd license); (2) Has been convicted, withi the past seven ye rs, of driving under the influence of drugs or alcohol, or who has een convicted at any ' e of fraud, sexual offenses, use of a motor vehicle to commit elony, a crime involving operty damage, and/or theft, acts of violence, or acts of terr ; (3) Is a match in the N conal Sex Offender Registry da base; (4) Does not possess valid driver's license; (5) Does not posses proof of registration for the motor ve 'cle(s) used to provide TNC Services; (6) Does not pos ss proof of automobile liability insurance fo the motor vehicle(s) used to provide T C Services; or (7) Is not at lea t 18 years of age. (c) In the event that NC becomes aware of a driver being involved in cri *nal conduct or driving violations or therwise becomes ineligible to serve as a driver by virtu of no longer meeting the criteri listed above, the TNC shall immediately terminate the driv s ability to access the platfor 's application. SECTION 10. VEHICLE SAFETY AND EMISSIONS. The TNC shall require that a motor vehicle(s) that a TNC Driver will use to provide TNC Services meets the requirements et forth in Iowa Code section 321.20 for vehicle safety and inspections. SECTION 11. NO STREET HAILS. A TNC Driver shall exclusively accept ri s booked through a TWE's digital network and shall not solicit or accept street hails. SECTION 12. N CASHTRIPS. The TNC shall adopt a policy pro ' iting solicitation or acceptance of cash ayments from passengers and notify TNC Dri ers of such policy. TNC Drivers shall not solici r accept cash payments from passenger .Any such for TNC Services shall be made ly electronically using the TNC's dig I network SECTION 13. NO DISCRIMIKATION; ACCESSIBILITY (a) The TNC shall adopt a policy Xnon-discriminatio on the basis of destination, race, religion, color, creed, gender identity, sex, n onal origin, se al orientation, mental or physical disability, marital status or age with respect top ssengers d potential passengers and notify TNC Drivers of such policy. (b) TNC Drivers shall comply with all apAorrie s regarding non-discrimination against passengers or potential passengers on f destination, race, religion, color, creed, gender identity, sex, national origin, sexuon, mental or physical disability, marital status or age (c) TNC Drivers shall comply wit/all pplicable laws elating to accommodation of service animals. (d) A TNC shall not impose addicharges for providin services to persons with physical disabilities because of those diss. SECTION 14. RECORDS. (a) A TNC shall maintain: (1) individual triprcords for at least one (1) year from the date\ch trip was provided; and / (2) TNC Driver ecords at least until the one year anniversary of the ate on which a TNC Driver's ctivation on the TNC digital network has ended. (b) On an annual b sis, the TNC shall permit the City to audit and examine a re onable sample of books d records relating to TNC's performance of its obligations and this Chapter at a mutually agr ed upon third party location. The City shall provide notice of the b oks and records requested for inspection in writing at least 14 days prior to the scheduled exa ination. (c) Upon receipt of a duly issued subpoena, court order or warrant relating to the investigation of a criminal ma er, the TNC shall furnish the requested records to the Chief of Police within 7 days or within a onger period of time if agreed to by the parties, unless otherwise pecified in a court order or suboena. For any non -criminal investigations conducted by the hief of Police in his administrative apacity, a TNC will conduct an internal investigation a shall within 7 business days, or with' a longer period of time if agreed to by the parties urnish records in response to a written re uest related to the underlying complaint, in ac rdance 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 b The fine for the simple misdemeanor penalty for the municipal infraction s considered a simpY misdemeanor or municipal infraction. hall be one hu red dollars ($100.00) and the civil ha be as provicAd is subsection 1-4-213 of this code. r 03-23-16 CITY OF IOWA CITY 8 MEMORANDUM Date: March 17, 2016 To: Tom Markus, City Manager From: Simon Andrew, Assistant to the City Manager Re: Transportation Network Companies Introduction At the March 1 work session and formal meeting, Council requested information comparing traditional (metered) taxi regulations to the proposed transportation network company (TNC) ordinance. Council also requested information on possible changes to metered taxi regulations that would more closely align with the proposed TNC ordinance. A matrix is attached comparing the current ordinance for metered taxis, the proposed TNC ordinance, and possible changes to metered taxi regulations. Potential Changes to Traditional Taxi Regulations • No longer require 24/7 service for traditional taxi companies • Background checks of drivers are currently performed by the City. This could be amended to match the third party background check provision in the proposed TNC ordinance. • A 24/7 business office is currently required of traditional taxi companies to ensure the accessibility of records during an investigation. This could be changed to 24/7 phone accessibility. In the TNC model, records are already in the hands of passengers. • No longer require City inspections for vehicles newer than 10 years. Vehicles available for street hails would still be inspected for color schemes, dome lights, and taximeters. Rationale for Remaining Differences A number of differences remain between the two regulatory frameworks based on the type of business model a company chooses. For instance, the opportunity to be hailed on the street necessitates visual cues including dome lights. Additionally, the amount of driver and vehicle information available to the passenger changes the amount of information that is needed on file with the City. Options Council may vote to pass or vote down the first reading of the proposed TNC ordinance. With either vote, Council may also direct staff to pursue ordinance amendments pertaining to metered taxis. Recommendation Passage of first consideration of the TNC ordinance and give direction to staff regarding current metered taxi regulations. Compares and contrasts the current ordinance for traditional taxis, the TNC ordinance on the March 23 agenda, and identifies possible changes to traditional taxi regulations Requirement Metered Taxi - current TNC - proposed Possible Changes to Metered Business License 24/7 service required Not in proposed code Change so that no 24/7 service • Valid for one year required for either • Provisions for suspension/revocation Street hails/solicitation May be hailed/solicit May not be hailed/solicit No change Driver Registration Registration with City Registration with business No change Clerk Confirmation of Picture ID in vehicle and Picture ID transmitted No change driver/vehicle information on file with the City Clerk electronically prior to ride Visual cues on vehicle (e.g. Make/model, license plate dome light) transmitted electronically prior to ride Driver background checks Completed by ICPD Third party background Change to match TNC* checks- must provide proof that provider possesses *Staff concerns noted in March 1 current accreditation by the memo from Assistant to the City National Association of Manager Professional Background Screeners Rates/Fare Communicated Rate information Rate information No change to the Consumer communicated via a communicated prominently displayed electronically and must be rate card that is on file accepted by the passenger with the City Clerk prior to the ride Fare calculated with a certified taximeter Accessibility of Records- Manifest Logs maintained Records maintained by No change Allows fortimely acquisition by business business of vehicle and driver information in the event of Accessible 24/7 business Passenger has driver and Change 24/7 business office an inquiry or investigation. office in Iowa City or vehicle information requirement for traditional taxis Coralville to 24/7 phone availability Trip Records/Receipt Manifest Logs Transmitted electronically No change Decals Must have valid decal Vehicle identified to driver No change displayed electronically Cash Trips Allowed Not allowed No change Vehicle Inspections Subject to annual Must meet the Change metered taxi so inspection requirements set forth in consistent with TNC except for Iowa Code section 321.20 lighted dome, lettering, and unique color scheme for vehicles newer than ten years Liability Insurance Must insure each driver as Liability insurance No change Requirements determined by the City's required during the time risk manager that a driver has accepted a passenger Business Fees Set by council resolution Same No change Violations-Administrative Violations are simple Same No change misdemeanors or municipal infractions Other Driver Requirements Registration valid for one Not in proposed ordinance No change year Smoking prohibited I Smoking not prohibited No change Chauffer's license required Not in proposed ordinance No change Marian Karr From: Nate VanDerWeide <natev@comp-sol.com> Sent: Saturday, March 05, 2016 5:40 PM To: Council Subject: uber support As a recent user of Uber (and competitor Lyft) in Los Angeles, I wanted to express my support for this mode of transportation in Iowa City. The convenience of using the service was just amazing. At no time did I feel unsafe. As a matter of fact, I let my 17 -year-old daughter travel in an Uber vehicle alone (in LA) to visit a friend. She made 2 round trips without incident. As I look at the transportation landscape in Iowa City, I firmly believe that our city would be SAFER with the Uber service. If Uber were in Iowa City, I believe more people would take this alternate means of transportation when they're headed to a party or other event involving drinking. Many people don't take cabs because their either too expensive, too difficult to find, take too long to arrange or are just simply inconvenient. I urge the council to adopt a plan so that an alternate transportation business can work within the Iowa City limits. Our progressive city needs to have that feather in its hat. Thanks. -Nate Nate Van Der Weide Ofc: 319.351.7549 Cell: 319.430.9941 15 Hickory Heights Ln Iowa City Marian Karr From: Bob Long <blong@meta-comm.com> Sent: Tuesday, March 15, 2016 6:06 PM To: Council Subject: Fwd: Your Tuesday afternoon trip with Uber Hi, Here is a receipt from my trip today from the CR airport to Iowa City. It's at least 1/2 to 3/4 less expensive than a cab. Beyond that, that car was in great shape, driver was careful and helpful, credit transaction was immediate (unlike the current scratch the card on carbon and call it in that the IC cab companies use - what an embarrassment for our city visitors - I have NEVER seen that in any other city, it's like a flashback to the 80s), and I gave her a nice $10 tip as I usually do for that trip. I:ne 91 ---------- Forwarded message ---------- From: Uber Receipts <receiptsiaWber.com> Date: Tue, Mar 15, 2016 at 5:34 PM Subject: Your Tuesday afternoon trip with Uber To: blongArneta-comm.corn r-. ----- ---- March 15, 2016 $21.41 uberX base rates are up to 35% cheaper in Iowa City for a limited time! Cedar Rapids FARE BREAKDOWN 301 Base Fare 0.85 M1 Vernon ao Distance 16.09 Time 3.32 nmana Subtotal $20.26 Homestead h I Booking Fee (, 1.15 No Liben y ` r i-- CHARGED $21.41 • — +�i- -- to wwt:Broach City !Pusiness •••• 5007 F6 YOU'VE EARNED 2X POINTS • • • Map data 02016 Google MEMBERSHIP REWARDS® 05:03pm xid43d7cla1-eOcb-4e3d-99d0-77b2425dc8e9 Lippisch PI SW, Cedar Rapids, IA pGvll2ANUbXFfyEOgxtalRMV082993 05:34pm 207 E Washington St, Iowa City, IA CAR miles TRIP TIME uberX 22.99 00:30:10 Rate Your Driver El You rode with MELISSA 0- 0=.EF I Q -_ Uber Support Contact us with questions about your trip. Leave something behind? Track it down. Robert Long, President & CEO MetaCommunications, Inc. 201 E. Washington St., Iowa City, IA 52240 T: (319) 337-8599 ext 180 1 C: (319) 621-22011 9 blong777 www.metacommunications.com IIll3f3olloll Q _ Free Rides Share code: r098w Article from City Manager Management & Operations Uber and Lyft users more likely to use public transit frequently, study says The more people use shared services like Lyft and Uber, the more likely they will use public transportation, a new study revealed. In fact, among those that use Lyft and Uber, 50% say they use a train and 45% report using a bus frequently. In the study, "Shared Mobility and the Transformation of Public Transit," the study author's surveyed "shared use" or "ridesourcing" consumers in seven cities: Austin, Boston, Chicago, Los Angeles, San Francisco, Seattle and Washington, D.C. In addition, researchers conducted in-depth interviews with private ride -sourcing operators and public transit agency officials to understand the impact of new - tech mobility services. RELATED: Transit looks to Uber, Lyft to alleviate strain on paratransit service In compiling the data, prepared for the American Public Transportation Association through the Transit Cooperative Research Program, researchers looked at the traveling habits of 4,500 people in seven cities. As the study shows, people who use public transit and these shared services are making a lifestyle change that results in more walking, less driving and greater household savings because of overall lower transportation costs. " said APTA Chair Valade J. McCall. "It is important that we provide options that complement and enhance our public transit service." Uber "The way people get around in communities is being transformed, and public transportation is at the heart of this formal shift," said APTA President/CEO Michael Melaniphy. "Together with companies like Lyft and Uber, we are integral to creating a dynamic multimodal lifestyle." Using Uber and Lyft is a gateway to a car -lite lifestyle, with users owning fewer cars in a household, according to the study. The effects on vehicle ownership are even greater among frequent users of several shared modes, such as bikesharing, carsharing (e.g. Zipcar), and ridesourcing. These frequent shared users own nearly half a car less than a transit -only user— 1.5 versus 1.05 cars per household. RELATED: PSTA partners with Uber, taxi service to boost bus access "This study confirms what we've always believed — ridesharing is an important complement to public transportation," said David Plouffe, Chief Advisor and Board Member for Uber. "We're excited to work with transit operators across the country to accelerate progress toward our common goal: cities with better mobility for residents that are less congested, less polluted and less dependent on personal car ownership." "APTA's study shows the powerful positive impact Lyft and public transit can achieve when we work together," said Emily Castor, Director of Transportation Policy for Lyft. "Transit is the backbone of urban mobility, and Lyffs flexible, reliable service helps fill in the gaps. These findings prove that Lyft and transit combined reduce the need for car ownership, which will lead to more livable, sustainable cities." The study authors noted that once people are introduced to ridesharing, significant lifestyle changes take place, such as 30% of shared mobility users report driving a car to work less often. Using a combination of public transit, and ridesharing may lead to better health. Almost half of all respondents and nearly two-thirds of frequent users of shared services also say they are more physically active since they began using shared mobility services. In addition it could lead to significant financial savings, 20% report postponing a car purchase, 18% decided not to buy one at all, and 21 % sold their car and did not replace it. In every study city, a clear peak in ridesourcing demand is visible between 10 p.m. and 4 a.m. on weekends, and in the majority of cities this is the time of greatest demand overall — public transit is often unavailable at this time, meaning ridesourcing does not compete directly with public transportation, but rather, complements the entire mobility network. Fifty-four percent indicated that they had used ridesourcing for a recreational or social trip within the last three months, which means there are fewer drunk drivers on the road, the study authors highlight. "Customers expect choice and convenience when they travel," said Dallas Area Rapid Transit President/Executive Director Gary Thomas. "Working with Uber and Lvft, and integrating them into our own transit app, is one way we can do that. We believe these relationships help make public transportation relevant to a new market of prospective customers." The study authors noted there are a number of public-sector transit agencies that are eager to collaborate with private mobility operators to improve the first- and last-mile issues, and paratransit by using emerging approaches and technology. This could lead to specific technologies developed for new shared mobility services which can be folded into existing fixed-route and paratransit operations. In the study, researchers conducted a quantitative survey of more than 4,500 shared-use mobility consumers. In addition, study authors interviewed more than 70 officials at public agencies along with representatives of five shared-use private mobility operators. To read the study in its entirety, go to www.apta.com/sharedmobility Marian Karr From: Simon Andrew Sent: Thursday, March 17, 2016 11:51 AM To: Marian Karr Cc: Tom Markus; Geoff Fruin Subject: FW: NBER's Alan Krueger: UberX Drivers More Efficient Per Mile and Hour Than Cab Drivers - CityLab This was sent to four Councilmembers. Please include article in packet. Thank you! -----Original Message ----- From: Harry Olmstead [mailto:Harryo3@aol.com] Sent: Tuesday, March 15, 2016 8:13 PM To: Susan Marshall Mims; Terry Dickens; Kingsley Botchway; Jim Throgmorton; Simon Andrew Subject: NBER's Alan Krueger: UberX Drivers More Efficient Per Mile and Hour Than Cab Drivers- CityLab http://www.cityla b.com/comm ute/2016/03/u ber-d rivers-capacity-efficie ncv- transit/473601/?utm source=nl link2 031516 NBERs Alan Krueger: UberX Drivers More Efficient Per Mile and Hour Than Cab Drive... Page I of 4 Per Hour and Per Mile, Uber Drivers May Be More Efficient Than Cabbies An analysis of five cities finds UberX drivers log more miles and time with passengers. That could mean they're also reducing congestion. LAURA BLISS I V @mslaurabliss I Mar 14, 2016 1 * 3 Comments A customer gets into his Uber ride in Mexico City. (AP Photo/Marco Ugarte) The jury is still out on whether ride -hailing services put more or fewer cars on the road. But according to a working paper ptablished by the National Bureau of Economics, UberX drivers may be about 30 percent more efficient than taxi http://www.citylab.comleommutel2016/03luber-drivers-capacity-efficiency-transitl473601... 3/17/2016 NBER's Alan Krueger: UberX Drivers More Efficient Per Mile and Hour Than Cab Drive... Page 2 of 4 drivers when it comes to actually driving passengers—which could have implications on congestion for the rest of us. Judd Cramer, a PhD candidate in economics at Princeton University, and Alan B. Krueger, the prominent Princeton economist (who, notably, co-authored a paper with Uber last year, but maintains no ongoing relationship) analyzed the efficiency of taxi drivers and UberX drivers in Boston, Los Angeles, New York, San Francisco and Seattle, using what they call "capacity utilization rate." This is measured by either the amount of time, or number of miles, that a driver logs with a passenger in the car relative to total hours and mileage. The data assembled was pretty scattershot. The statistics concerning UberX drivers in all five cities came from Uber covering the year 2015. But for taxi drivers, there was no single source of data. Depending on the city, statistics came from taxi commissions, DOTS, transportation researchers, and other sources. The time periods for which the taxi data was available didn't always align with the Uber data. It's also important to realize that, in thinking about time and mileage, UberX drivers aren't restricted to certain jurisdictions as taxi drivers are—so the geographical scope of the drivers (potentially reflected in their time and mileage) isn't the same. But in cities where comparable data was available, they found significant differences in how Uber and taxi drivers spend their time and miles. On average, UberX drivers had a passenger in their car around half the time they were working, while taxi drivers had a passenger in their car anywhere from 32 percent of the time in Boston to nearly half the time in New York (which was the only city where taxi drivers were about as efficient, perhaps due to the city's high density). In terms of miles, a similar story emerged. For example, the authors write: In Los Angeles, taxi drivers have a passenger in the car for 40.7 percent of the miles they drive, while UberX drivers have a passenger in the car for 64.2 percent of their miles, resulting in a 58 percent higher capacity utilization rate for UberX drivers. In http://www. citylab.comlcommutel2016/03luber-drivers-capacity-efficiency-transitl473601... 3/17/2016 NBER's Alan Krueger: UberX Drivers More Efficient Per Mile and Hour Than Cab Drive... Page 3 of 4 Seattle, UberX drivers achieve a 41 percent higher capacity utilization rate than taxis in terms of share of miles driven with a passenger in the car. Perhaps it's not surprising that Uber achieves greater driver efficiency than do taxi companies, with its app that matches drivers to passengers, its flexible Labor supply and pricing structures, and its extremely Large scale. Taxi companies, meanwhile, have Licensing requirements that can constrain their ability to meet demand, and largely rely on a model developed in the 1940s. Krueger and Cramer's findings add to the conclusion that, if the taxi industry wants to keep up with the Ubers of the world, it had better refresh its approach to technology. What's most useful about this study, though, is what it suggests about what taxi drivers are doing with all that excess time on the road. (No, they're not shaving or calling into radio shows.) The authors write: For example, for every mile that taxi drivers in Los Angeles drives with a passenger in the car, they drive 1.46 miles without a passenger; the comparable figure for UberX drivers is 0.56 mile. This difference likely translates to greater traffic congestion and wasteful fuel consumption. The comparison opens a slice of new territory in the debate over ride-hailing's impact on driving. If Uber trips are displacing an equivalent number of taxi trips, and if Uber serves the same kinds of trips that taxis do (which it doesn't always—for example, Uber pick-ups aren't allowed at many airports), then Uber could help Lower congestion in some cities, says Susan Shaheen, the co- director of the Transportation Sustainability Research Center of the Institute of Transportation Studies at the University of California, Berkeley. "But if Uber trips are in addition to existing taxi trips, then the impact is Less clear," she tells http://www.citylab.comlcommutel2016/03luber-drivers-capacity-efficiency-transitl473601... 3/17/2016 NBER's Alan Krueger: UberX Drivers More Efficient Per Mile and Hour Than Cab Drive... Page 4 of 4 CityLab. "These and similar questions definitely motivate the important and challenging analysis undertaken by Krueger and Cramer." More research, with much better data, is badly needed. Hopefully, as both Uber and Lyft partner with cities to quantify heir effects on the number of cars on the road, transportation officials will include their own analyses of taxi efficiency. About the Author t Laura Bliss is a staff writer at CityLab. She writes about the environment, infrastructure, and cartography, among other topics. ALL POSTS I V @mslaurabtiss http://www.citylab. comlcommutel2016/03luber-drivers-capacity-efficiency-transitl473601... 3/17/2016 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-SO09 FAX www.icgov.org LATE HANDOUTS: Information submitted between distribution of packet on Thursday and close of business on Tuesday. CONSENT CALENDAR: Resolutions and Motions ITEM # 3d(1) Email from Atty. Joe Holland, representing the applicant, requesting deferral to April 5: Churchill Meadows Parts Two and Three Correspondence ITEM 3f(14) Douglas Hills: Newspaper distribution REGULAR AGENDA: ITEM 5c - REZONING SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD (PINE GROVE) Correspondence from: Monica Maloney-Mitros; Linda Farmer; Gaby Cardenas; Lorena; Maggie Keyser; Ted Weiler; Thomas Stevenson; Rosemarie Scullion; Ann and Greg Muilenburg; Chester Woodman; Kevin Keyser. Memo Dev. Services Coordinator. ITEM 8 — TRANSPORTATION NETWORK COMPANIES (UBER) Correspondence from: Bob Long; Harry Olmstead; Roger Bradley ITEM 10h — PLANNING AND ZONING COMMISSION Correspondence from: Harry Olmstead ITEM 12c HUMAN RIGHTS COMMISSION One vacancy to fill an unexpired term ending January 1, 2017. (Ali Ahmed resigned) Correspondence included in Council packet. INFO PACKET OF 3/17 IP10: (Revised title only) Letter from Mid America Energy Company: Iowa City Community Report Calendar Year 2015 IP12: Email from Kurt Hamann to Mayor Throgmorton: City dump -road pick up [Staff response included] Marian Karr From: Sent: To: Subject: Hello, Bob Long <blong@meta-comm.com> Sunday, March 20, 2016 9:13 PM Council How we do things in Iowa City... Late Handouts Distributed 3 — ZZ—1 l o (DateMe Early this month I sent the council an Uber receipt for a trip from the Eastern Iowa Airport to 201 E. Washington St for $22 + I tipped $10 (which is not expected for Uber). Below is the receipt I received today for a trip from 201 E. Washington to the Eastern Iowa Airport for $40 + $10 tip. Marcos was the service, but I've found other companies like Yellow Cab MUCH worse - the cars are not highway worthy. Iowa City cab companies actually still scrap an object onto this carbon copy imprint and then make you wait while they call it in (see attached). Jesus, seriously? I've been complaining to Tom Marcus about this for a year and he gets it. Other than Iowa City cabs, the last time I saw people imprint credit cards was at Kenny's shoe store in the late 70's. It's embarrassing to our "progressive" city. BTW - we are the ONLY big ten college town without it. MADD endorses Uber big time and if you want to stop arrests, this is a long overdue step. Meta brings a fortune 500 company to our fine city at least once a month and this is one of their take aways - backwards small town Iowa. I hate that reinforcement of the stereotype, and it's on all of us. I suggest the loudmouth owner of Yellow Cab invest money in his company instead of attorneys. They need competition to improve and invest in a better product. We need competition to get 21st century service. Get it done for god sakes, I don't care to hear the philosophical BS from Rockne or Throgmorton for the next six months. Robert Long, President & CEO MetaCommunications, Inc. 201 E. Washington St., Iowa City, IA 52240 T: (319) 337-8599 ext 180 1 C: (319) 621-22011 M. blong777 www.metacommunications.com Late Handouts Distributed Marian Karr From: Harry03 <Harry03@aol.com> ?j - Z Z_ Sent: Thursday, March 17, 2016 8:21 PM To: Marian Karr ILLY Cc: Chris O'Brien; Stefanie Bowers; Simon Andrew Subject: Uber Marion: Please distribute the following article (embedded) regarding Uber along with this email to the Mayor and City Council. Dear Mayor Throgmorton and Members of Iowa City Council: It is my understanding that you will be reconsidering inviting Uber to do business in Iowa City. After reading the article (embedded) written by a person with a disability, I hope that safe -guards be put in place to assure persons with disabilities are not taken advantage of by Uber if you decide to permit them to operate in Iowa City. Most persons with disabilities live on Social Security Disability and are living at or below the poverty level and are often taken advantage of. I hope and ask that if you decide to permit Uber to operate in our community please make certain that you put in place guidelines that restrict Uber to charging more to those with disabilities them the rest of the community. Please contact me if you have any questions. Thank you for your taking the time to read this and for your service to our city. httys://wheelchairtravel.ore/wheelchair-accessible-uber-dirty-truth/ Sincerely, Harry Olmstead 1951 Hannah Jo Ct. Iowa City, Iowa 52240 319-338-2931 home Sent from my Galaxy Tab® A DEAR Mayor Wheelchair Accessible Uber: The Dirty Truth Uber is the ride -sharing tech giant that promises transportation at an affordable price, lower than that of traditional taxi companies. Until recently, that transportation has been limited to the able-bodied. Numerous lawsuits have targeted Uber for disability discrimination, citing the inaccessibility of their vehicles and an unwillingness of drivers to transport people with manual wheelchairs or service animals. In December, though, there was some good press: Uber had introduced the ability to reserve wheelchair accessible vehicles (with ramps to accommodate powered chairs) in its Washington, D.C. market. Similar options had already been available in a handful of other cities, including Austin, Texas and San Francisco, California. The purpose of Uber is to connect consumers to a low-cost, point-to-point transportation option that is both quick and easy to use. In the cities where the company has implemented the uberACCESS, uberWAV or uberTAXI wheelchair accessible services, wait times are often exceedingly long, or the service is not regularly available. While these shortcomings have been reported on extensively by the media, they have failed to address the elephant in the room: price. Wheelchair Accessible Uber Is A Rip-off The cost of UberWAV in Washington, D.C. does not fulfill the requirement of equal access and equal fare that is imposed on traditional cab companies by the ADA. In the nation's capital, a standard Uber X (accessible only to the able-bodied) operates based on the following fare schedule (source): Base Fare: $1.15 Per Minute: $0.17 Per Mile: $1.02 Booking Fee: $1.35 Cancellation Fee: $5.00 Compared to regular cabs in the District, it's a great deal. That's why Uber has experienced such success in business. People use Uber because it allows them to save significant amounts of money on transportation. But read what Uber says about their Washington, D.C. service for wheelchair users (source): The cost of a wheelchair accessible vehicle ride is the standard taxi meter rate, plus the standard uberTA)a $2 booking fee. We'll be reimbursing riders requesting wheelchair accessible vehicles for the $2 bookingfee through 1131116. *Please note: a 20% gratuity is automatically added for all uberTAX1 rides by default, but riders can change this amount in the account settings online. Here's the secret: For wheelchair users requesting an accessible Uber in D.C., the company is only connecting you with one of the local cab companies. You won't get Uber's discounted rate — you'll instead pay the city's standard cab fare. Oh, and they're collecting a $2.00 booking fee to boot. The "standard taxi meter rate" you'll be paying for a ride originating in the District is based on the following schedule (source): Flag Drop (First 1/8 mile): $3.25 Per Mile: $2.16 Wait time per minute (stopped or below 10 mph): $0.41 Trip surcharge: $0.25 Additional passengers: $1.00 each Declared Snow Emergency Fee: $15.00 Those prices aren't reflective of the affordable rates that able-bodied riders are entitled to. You'd get the same deal calling the taxi cab company directly and cutting out the middle man. Sure, using an app might be easier than calling or texting your request, but the financial benefit goes to Uber, who is taking a cut of your metered fare. The positive press Uber has received is undeserved. The company has done nothing more than piggyback onto the existing accessible transportation options. What Uber's corporate office calls "a step in the right direction" isn't really a step at all. There is no expansion of access, no increase in the availability of accessible transportation, and no cost savings. In most cases, requests for uberACCESS and uberWAV are outsourced to the local taxi companies — not private Uber drivers. In the cities where Uber does offer an option to reserve wheelchair accessible transportation, rates are either equal to those of local taxi companies (Chicago, D.C., New York City, etc.) or higher (Los Angeles, San Francisco, etc.). In many of those cities, rate tables for wheelchair accessible vehicles are not even listed on Uber's website. Bottom Line Uber has gone to great lengths to paint the picture that they are working to expand access to transportation for people with disabilities. It's a lie. The company has orchestrated a way, in many markets, to take a cut of the fares for accessible transportation that was already available to the disabled. In the cities where Uber's accessible vehicles are sourced from outside the local taxi companies, fares have been tied to the expensive uberSUV schedule, which far exceeds the standard local cab fare. The only equitable solution is for Uber to implement a pricing structure for wheelchair users that matches those of the uberX or uberXL platforms. Vans like the Dodge Caravan and Honda Odyssey are offered under the the company's affordable uberXL segment. It is discriminatory for the accessible versions of a vehicle type to be priced higher, and it is a violation of the ADA. In examining the numbers, it is clear that wheelchair users are better off cutting out the middle man (Uber) and reserving accessible transportation directly through the local cab companies. Although the Uber brand has become synonymous with value, no such savings are available to wheelchair users requiring an adapted vehicle. In my opinion, the accessible Uber proposition is a disingenuous sham. HELP ME EXPOSE Uber for what it is — a company that discriminates against riders on the basis of disability. Share this story on Facebook and Twitter so that we can lift the shroud and promote equal access to transportation for ALL people. Late Handouts Distributed Marian Karr From: Roger Bradley <yellowcabic@gmail.com> 3 _Q — Z(z Sent: Tuesday, March 22, 2016 1:36 PM a __ To: Council (Date) Cc: Marian Karr Subject: submission to Council Attachments: Taxicab v. Uber.pdf; packet.info.Council.meeting.March23.2016.pdf Attached are materials I would like to submit to the Iowa City City Council for their consideration. Thank you. Roger Roger E. Bradley Manager Yellow Cab of Iowa City (319)541-0533 FAX 319-338-2708 vellowcabic(a.email.com www.yellowcabic.com TAXICAB v. "UBER" ordinance problems, possible solutions ITEM: BUSINESS LICENSE, PREMISES, 24-HOUR SERVICE CURRENTLY: The City requires all taxicab companies to be licensed annually, with applications due no later than May 1 of the year. All taxicab companies must provide 24-hour service and have a staffed physical officeldispatch center where police may obtain vital information. HISTORY: The rationale for these requirements is based on the notion that Yly-by-night' taxicab companies (ones that are created and disbanded within a short period of time, such as a few months or only during football season) are less professional, less motivated to abide by insurance and driver credentialing rules, and more likely to overcharge customers because they are not building a brand for themselves. "UBER" ISSUE: There is no requirement for Uber-type companies to have any local presence, nor are they required to offer 24-hour service. This allows them to save money on physical plant and staffing. In addition, in order to obtain ride information that may assist Police in an investigation, the Police must first obtain a subpoena, court order, or warrant, and may have to wait up to 7 days for fulfillment. RECOMMEND: Maintain the 24-hour service and application deadline requirements, to prevent 'fly-by-night' companies with little or no accountability. Require 24-hour provision of vital information if Police request. ITEM: DRIVER BACKGROUND CHECKS. LICENSING. AND REGISTRATION CURRENTLY: The City requires all drivers to possess a Iowa Class D Chauffeur's license, to obtain a recent Certified Driver Record from the Iowa DOT, to undergo a State of Iowa Department of Criminal Investigation check, to apply for and obtain approval from the ICPD in order to be eligible to drive a vehicle, and to purchase, obtain and display a valid City of Iowa City taxicab driver badge. Drivers are also required to be listed on the City's website. HISTORY: City approval with ICPD screening allows for uniformity and fairness of driver credentialing without conflict of interest. "UBER" ISSUE: Uber drivers would not have obtain a Chauffeur's license, nor a City of Iowa City taxicab driver badge. They would not have to be registered with the City. Uber drivers would not have to make any trips to City Hall prior to driving, and Uber itself would be the first and final 'screener.' The City would not have any immediate awareness of who is an Uber driver, and might have to wait days to find out. Requiring some companies to register their drivers while others are exempt would lead to 'poaching' of drivers. RECOMMEND: Maintain the current ordinance and require compliance from all transportation companies. Driver screening is a preventative measure, and should be done only by impartial, disinterested, fully trained law enforcement professionals. Having a driver's information on your phone does not replace valuable pre-screening of drivers for past suspect behavior. The delay in obtaining relevant information alone could match the time and effort needed in the assault by a taxi driver in 2014, and might be sufficient to avoid capture altogether. If responsibility for background checks is given to the companies, a requirement should be added that the checks must be conducted by an independent third party that the transportation company does not have a financial stake in. ITEM: RATES AND FARES CURRENTLY: Taxicab companies may set their own rates, but must register new rate cards with the City and show proof of meter calibration (by authorized personnel) within 10 business days of the change. The rates are posted on the City's website. Other than time and distance, the only other fees allowed are extra passenger and clean-up fees. Current Rate Cards must be posted in the vehicles at all times, and copies must be given out upon request. Receipts must be given out upon request. HISTORY: The City has amended the taxicab ordinance several times in recent years to solve various problems with rates, namely incidents of pervasive overcharging. Companies cannot charge additional or higher rates or surcharges to recoup the expenses that accompany increased demand. UBER: Uber is required only to provide the applicable rates being charged, and an estimate if asked. For 'dynamic' pricing, the customer only has to confirm that dynamic pricing is in effect. Uber gets the best of both worlds here. Uber can lower rates during slow periods to pull business away from taxicabs with set rates, and they can utilize dynamic pricing at any time to encourage an increased driver supply to meet demand. They are able to do this without being subject to any regulatory notice to the City. RECOMMEND: Taxicab customers are already notified of the rates being charged—by the rate card on display. If the rate card is missing, not honored, or inaccurate, then the taxicab is operating illegally. A customer who believes they have been mischarged or overcharged has a remedy through the complaint system, or if they pay via credit card, they can dispute the charge. A digital platform removes the threat by overcharging only by decriminalizing it; Uber can simply pronounce the rate structure to whatever they want the end result to be. Therefore, there are two possible solutions: 1) disallow any changes in rate structure for all companies, other than the ones made under the existed ordinance, or 2) allow all companies the ability in some form to charge the rates necessary to ensure adequate driver staffing and expense recovery. Taxicabs could accomplish this not through actual 'dynamic pricing' as known on a digital platform, but by allowing them to add surcharges to their rate cards for specific days and hours that is already known by all to be high -demand times, such as football Saturdays, New Year's Eve, and Friday and Saturday nights. ITEM: VEHICLE INSPECTIONS, REGISTRATION AND DECALS CURRENTLY: All vehicles used to transport passengers must pass a City inspection prior to their use. All vehicles must be insured, with proof of insurance provided to the City with a clause that any lapse in coverage must be reported by the insurance company to the City. Vehicles have to be painted with distinct, pre -approved color schemes, have identifying decals and phone number on the vehicle, and display a City -issued decal on the windshield, identifying it as a duly licensed vehicle. HISTORY: The inspection requirements are directly related to public safety. Taxicab companies in financial trouble might tend to skip regular vehicle maintenance, endangering passengers. The distinct color schemes allow passengers to identify which company the vehicle belongs to, whether they are a passenger in the vehicle, or a member of the public with an issue to report. The presence of decals assures both passengers and other members of the public that the vehicle has been inspected and is currently insured. These regulations have been refined over time as incidents have risen that were not immediately resolved, such as the 2014 sexual assault incident. 'UBER' ISSUE: Vehicles used by Uber drivers would no longer be subject to independent, third - party inspections by the City. Without an established local presence, Uber would not have the ability to constantly monitor the condition of its drivers' vehicles. There is no app for that. With no obvious markings and no requirement to display a decal or other identifying marking, how would Police or other motorists (or pedestrians with a complaint to lodge) ever know on the spot whether a particular vehicle is conducting Uber business? If an Uber driver collides with your vehicle, how would you know whether they were an Uber driver, or just another citizen motorist? How would you know which insurance company is responsible for the claim? If the Police cannot determine on the spot whether a vehicle is an Uber vehicle, how can they possibly enforce the "no street hails" ban on Uber drivers? RECOMMEND: Since public safety is primary goal of any City regulation of this industry, we recommend the continuance of current inspection and registration requirements for all vehicles in the industry. While distinct color schemes might not be as practical for Uber vehicles, they certainly could be easily inspected by the City and can easily display an identifying decal. It should not be the case that the only person who gets to know that a vehicle is an Uber vehicle is the driver and the passenger; other members of the public and the City have a bona fide interest in knowing this as well. March 22, 2016 TAXICAB v. "UBER" ordinance Problems, possible solutions ITEM: BUSINESS LICENSE PREMISES 24-HOUR SERVICE CURRENTLY: The City requires all taxicab companies to be licensed annually, with applications due no later than May 1 of the year. All taxicab companies must provide 24-hour service and have a staffed physical office/dispatch center where police may obtain vital information. HISTORY: The rationale for these requirements is based on the notion that 'fly-by-night' taxicab companies (ones that are created and disbanded within a short period of time, such as a few months or only during football season) are less professional, less motivated to abide by insurance and driver credentialing rules, and more likely to overcharge customers because they are not building a brand for themselves. "UBER" ISSUE: There is no requirement for Uber-type companies to have any local presence, nor are they required to offer 24-hour service. This allows them to save money on physical plant and staffing. In addition, in order to obtain ride information that may assist Police in an investigation, the Police must first obtain a subpoena, court order, or warrant, and may have to wait up to 7 days for fulfillment. RECOMMEND: Maintain the 24-hour service and application deadline requirements, to prevent 'fly-by-night' companies with little or no accountability. Require 24-hour provision of vital information if Police request. ITEM: DRIVER BACKGROUND CHECKS LICENSING AND REGISTRATION CURRENTLY: The City requires all drivers to possess a Iowa Class D Chauffeur's license, to obtain a recent Certified Driver Record from the Iowa DOT, to undergo a State of Iowa Department of Criminal Investigation check, to apply for and obtain approval from the ICPD in order to be eligible to drive a vehicle, and to purchase, obtain and display a valid City of Iowa City taxicab driver badge. Drivers are also required to be listed on the City's website. HISTORY: City approval with ICPD screening allows for uniformity and fairness of driver credentialing without conflict of interest. "UBER" ISSUE: Uber drivers would not have obtain a Chauffeur's license, nor a City of Iowa City taxicab driver badge. They would not have to be registered with the City. Uber drivers would not have to make any trips to City Hall prior to driving, and Uber itself would be the first and final 'screener.' The City would not have any immediate awareness of who is an Uber driver, and might have to wait days to find out. Requiring some companies to register their drivers while others are exempt would lead to 'poaching' of drivers. RECOMMEND: Maintain the current ordinance and require compliance from all transportation companies. Driver screening is a preventative measure, and should be done only by impartial, disinterested, fully trained law enforcement professionals. Having a driver's information on your phone does not replace valuable pre-screening of drivers for past suspect behavior. The delay in obtaining relevant information alone could match the time and effort needed in the assault by a taxi driver in 2014, and might be sufficient to avoid capture altogether. If responsibility for background checks is given to the companies, a requirement should be added that the checks must be conducted by an independent third party that the transportation company does not have a financial stake in. ITEM: RATES AND FARES CURRENTLY: Taxicab companies may set their own rates, but must register new rate cards with the City and show proof of meter calibration (by authorized personnel) within 10 business days of the change. The rates are posted on the City's website. Other than time and distance, the only other fees allowed are extra passenger and clean-up fees. Current Rate Cards must be posted in the vehicles at all times, and copies must be given out upon request. Receipts must be given out upon request. HISTORY: The City has amended the taxicab ordinance several times in recent years to solve various problems with rates, namely incidents of pervasive overcharging. Companies cannot charge additional or higher rates or surcharges to recoup the expenses that accompany increased demand. UBER: Uber is required only to provide the applicable rates being charged, and an estimate if asked. For 'dynamic' pricing, the customer only has to confirm that dynamic pricing is in effect. Uber gets the best of both worlds here. Uber can lower rates during slow periods to pull business away from taxicabs with set rates, and they can utilize dynamic pricing at any time to encourage an increased driver supply to meet demand. They are able to do this without being subject to any regulatory notice to the City. RECOMMEND: Taxicab customers are already notified of the rates being charged—by the rate card on display. If the rate card is missing, not honored, or inaccurate, then the taxicab is operating illegally. A customer who believes they have been mischarged or overcharged has a remedy through the complaint system, or if they pay via credit card, they can dispute the charge. A digital platform removes the threat by overcharging only by decriminalizing it; Uber can simply pronounce the rate structure to whatever they want the end result to be. Therefore, there are two possible solutions: 1) disallow any changes in rate structure for all companies, other than the ones made under the existed ordinance, or 2) allow all companies the ability in some form to charge the rates necessary to ensure adequate driver staffing and expense recovery. Taxicabs could accomplish this not through actual 'dynamic pricing' as known on a digital platform, but by allowing them to add surcharges to their rate cards for specific days and hours that is already known by all to be high -demand times, such as football Saturdays, New Year's Eve, and Friday and Saturday nights. ITEM: VEHICLE INSPECTIONS, REGISTRATION AND DECALS CURRENTLY: All vehicles used to transport passengers must pass a City inspection prior to their use. All vehicles must be insured, with proof of insurance provided to the City with a clause that any lapse in coverage must be reported by the insurance company to the City. Vehicles have to be painted with distinct, pre -approved color schemes, have identifying decals and phone number on the vehicle, and display a City -issued decal on the windshield, identifying it as a duly licensed vehicle. HISTORY: The inspection requirements are directly related to public safety. Taxicab companies in financial trouble might tend to skip regular vehicle maintenance, endangering passengers. The distinct color schemes allow passengers to identify which company the vehicle belongs to, whether they are a passenger in the vehicle, or a member of the public with an issue to report. The presence of decals assures both passengers and other members of the public that the vehicle has been inspected and is currently insured. These regulations have been refined over time as incidents have risen that were not immediately resolved, such as the 2014 sexual assault incident. 'UBER' ISSUE: Vehicles used by Uber drivers would no longer be subject to independent, third - party inspections by the City. Without an established local presence, Uber would not have the ability to constantly monitor the condition of its drivers' vehicles. There is no app for that. With no obvious markings and no requirement to display a decal or other identifying marking, how would Police or other motorists (or pedestrians with a complaint to lodge) ever know on the spot whether a particular vehicle is conducting Uber business? If an Uber driver collides with your vehicle, how would you know whether they were an Uber driver, or just another citizen motorist? How would you know which insurance company is responsible for the claim? If the Police cannot determine on the spot whether a vehicle is an Uber vehicle, how can they possibly enforce the "no street hails" ban on Uber drivers? RECOMMEND: Since public safety is primary goal of any City regulation of this industry, we recommend the continuance of current inspection and registration requirements for all vehicles in the industry. While distinct color schemes might not be as practical for Uber vehicles, they certainly could be easily inspected by the City and can easily display an identifying decal. It should not be the case that the only person who gets to know that a vehicle is an Uber vehicle is the driver and the passenger; other members of the public and the City have a bona fide interest in knowing this as well. March 22, 2016 from Uber Terms and Conditions (highlights added) accessed March 22, 2016 5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY. DISCLAIMER THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO- PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL UBER'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). UBER'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT LIBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. INDEMNITY. You agree to indemnify and hold Uber and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 2 Uber drivers charged with sex assault of MSU students Page 1 of -2 2 Uber drivers charged with sex assault of MSU students Itt Cnh Smith, Lansing Stat, Journal 6.37p.m. LI)FAlarch 18, 2016 FAST LANSING —Two Uber drivers have been charged in connection with sexual assaults in East Lansing in January and February. &KA `.r - Hassan Ibrahim, 48, faces one count of fourth -degree criminal sexual conduct in connection with an incident that occurred Feb. 14, according to East Lansing police. He turned himself in March 11 after a warrant had been issued for his arrest. He was arraigned the same day before Lansing 5413 District Court by Judge Richard Ball. (Photo. East Lansing Police Department) Salim Salem, 47, faces two counts of fourth -degree criminal sexual conduct in connection with an incident that occurred Jan. 16, police said, and he turned himself in Tuesday and was arraigned that day before 55th District Court Magistrate Mark Blumer. (http-//www ffeeRcom/story/news/loml/michigan/2016/02f22/uber-oasseneers- recal I -encounters -al leeed-shooter/80755880n Both were released on $5,000 cash/surety bonds. Salem's bond includes a condition that he not work as an Uber driver or cab driver in the future. Ibrahim's attorney, Jeffrey Chip, declined to comment. A message left at a phone number listed for Salem's attorney, Gregory Crockett, was not returned. East Lansing police announced in late February that they were investigating two ride -booking drivers who in both cases allegedly made unwelcome sexual advances toward female Michigan State University students. The women complained of inappropriate touching, Lt. Scott Wriggelsworth said. (hap //wwu freLr).com/story/newsAocal/m ich i gan/2()16/02/22/ut)er-went-change- I)oiicies-after-kalamazoo-shootines/80775440/) Uber has been notified of both arrests, police said. "These reports of unacceptable behavior are deplorable, and both drivers have been permanently barred from Uber," a Uber spokesperson said in a statement. "Our thoughts are with the victims of this traumatic experience. We've been working closely with local police since February to aid their investigations and ensure the individuals responsible are brought to justice' Wriggelsworth said said Ibrahim and Selim were the two men sought and that no one else is at large. DFTROITFRE PREOR IV (htto //wwu freen com/story/news/local/michigan/2016/03/14/kalamazoo-shootina- reports-released-what-he-told-his-wife181762070/) Fourth -degree criminal sexual conduct is a misdemeanor punishable by up two two years in prison and/or a fine of up to $500. At the time of the alleged assault, police urged caution when using ride -booking services, which don't undergo the same regulatory procedures with the Greater Lansing Taxi Authority as traditional taxi companies. http://www.freep.com/story/news/local/michigan/2016/03/18/2-uber-drivers-face-sexual-assault-charges... 3/22/2016 2 Uber drivers charged with sex assault of MSU students Page 2 of 2 Lansing ana Last Lansing createo the autnonty in beptemoer zuia to maKe area cao service more unnorm, renaoLe ana sate in the two cities. since tnen, Delhi, Deka, Lansing and Meridian townships, plus Michigan State University, have joined the group. East Lansing City Clerk Marie Wicks said Uber officials plan to register with the authority but not be licensed by it. The authority will be able to view Uber's records upon request, and Uber will pay the group's $1,500 fee, she said. Contact Curt Smith at 517-377-1226 or csmith(c),isi.com (mailto:csmith(io)lsi.com). Follow him on Twitter (cDCurtSmith thttos,//twitter com/CurtSmithLSJ) Read or Share this story: http://on.freep.com/1 pt5Nih http://www.freep.comlstorylnewsllocallmiebiganl2O l 6/03/ l 8/2-uber-drivers-face-sexual-assault-charges... 3/22/2016 Uber, Kalamazoo and a Phone Number - Who's Driving You? Page 1 of 3 Who's Driving You? AROUT I INCIDENTS I PRESS • I RESOURCES ♦ I VIDEOS 1 RLOG I CONTACT f W Morch8.20/6 / In Uncategorved UBER, KALAMAZOO AND A PHONE NUMBER "I'm upset because I tried contacting Uber after I had talked to the police, saying that we needed to get this guy off the road." -Uber passenger, Matt Mellen Kalamazoo Uber passenger, Matt Mellen, contacted Uber approximately five hours before accused murderer, Jason Brian Dalton's, first victim was killed. Uber has confirmed that it didn't act on Mellen's complaint because it wasn't Flagged as potentially violent. This, despite the fact that Mellen was allegedly being held against his will In the back of Dalton's car while Dalton committed a hit-and-run accident ("sideswiping" another vehicle). Uber doesn't have a phone number for passengers to call. Or, if it does, its so hard to find that It may as well not exist. Weve repeatedly listened to Uber passengers—some with lost valuables, some with more serious grievances—complain bitterly about this. Uber runs a 24/7 passenger transportation service. Despite this, passengers can't immediately reach the company by phone If they have an emergency. This is a ridiculous and irresponsible corporate practice. Uber's oft -noted, much -maligned lack of quick responsiveness to customers played a role in the Kalamazoo incident An alleged kidnapping, accompanied by a hit-and-run accident, rise above the level of petty complaint. For Uber customers, the pivotal safety concern hinges on Uber's inability to tease out the very serious elements of Mellen's experiences. Much easier to do on a phone coil than by email. Mellen, of course, expressed his frustration in trying to reach Uber. http://www.whosdrivingyou.orgiblog/uber-kalamazoo-and-a-phone-number Search Here ---- Q CATEGORIES Atlanto Background Checks Cease And Desist Insurance /uly4 Louisiana LYR Missouri New York News Oregon Regulation Son Antonio Seattle st. Louis Surge Pricing Temporary Restraining Order Terms rramportudon Uber Uberz Uncategorured ❑.rAaci�� March 2016 Pebruory2a% Jomtory 2016 December 2015 November 2015 October2015 September 2015 Aagust2015 Jug2o15 June 2075 April 2015 March 2015 february2015 January2015 December 2014 Nowmber2014 3/22/2016 Uber, Kalamazoo and a Phone Number - Who's Driving You? A typical taxicab company is required to provide an easily accessible phone number ocrober2014 sWhkA7D-iViI i?I direAtaommmtnt(latiaTswitORifte driveEs'bloefest.thatloeos Uber does not proved such a staffed customer service line is not coincidence. It costs BcogedteS7 VrTftfib money—salaries, rent, utilities—to do so. August ?014 Mellen's inability to immediately and viscerally communicate his experiences as July 20 ] 4 Dalton's passenger by phone to Uber likely enabled accused mass murder, Jason `uoe2074 Brian Dalton, to continue ferrying passengers on the Uber platform well after he could May 2014 have been deactivated. March 11, 2016 April 2C14 Resources i March 2014 Februory 2074 1 COMMENT AAAAAAA Vrvch S. 2Gil, oe 8:40 pnt Worked for Uber This article speaks the truth. POST A COMMENT Write your comment here... Your full name E-mail address Website SUBMIT REPLY Page 2 of 3 f V http://www.whosdrivingyou.orgiblog/uber-kalamazoo-and-a-phone-number 3/22/2016 SITE LINKS RECENT SLOG POSTS About The Impact of Uber, Lyft on Public Transit Promoting for -hire vehicle Incidents March 18, 2016 safety and highlighting the Press + Uber, Buzzfeed and Sexual Assault risks of Uber and Lyft March 11, 2016 Resources i Uber, Kalamazoo and a Phone Number Videos March 8, 2016 Uber, Lyft and Massachusetts f y Blog February 22, 2016 Contact The First Bit of Data February 12, 2016 Page 2 of 3 f V http://www.whosdrivingyou.orgiblog/uber-kalamazoo-and-a-phone-number 3/22/2016 Uber, Kalamazoo and a Phone Number - Who's Driving You? Page 3 of 3 Who's Driving You? ABOUT I INCIDENTS i PRESS + I RESOURCES + j VIDEOS 1 BLDG CONTACT f w © 2014-2015 Who's Driving You? All rights reserved. http://www.whosdrivingyou.org/blog/uber-kalamazoo-and-a-phone-number 3/22/2016 hftp:/twww.whosddvingyou.orgANp-content/uploads/2015/07/4.7.2015-Updated-City-of-Houston-Complete-Background-Check-Handout-dff.. -1.pdf accessed March 22, 2016 City of Houston Criminal History Background Checks: Discussion points 4/7/15 Despite assurances from TNCs that commercial background companies conduct criminal background checks at least comparable to the ones run by municipalities, but usually even more thorough, in fact these background checks are incomplete. Following are the specific deficiencies in these private criminal history checks: • NOT National Background Checks: o Hirease "national criminal search" check does not include Delaware, Massachusetts, South Dakota, Wyoming o Sterling Infosystems "state criminal records search" does not cover California, Louisiana, Mississippi or Wyoming o Do not search every county, creating potential gaps • DO NOT use truly unique search identifiers, i.e. fingerprints o Many are name -based; or they use the basic identifiers used for credit checks, i.e. social security numbers, past counties of residence, voter records. These are basically skip trace and credit check companies. o Because they do not use a biometric identifier, these companies miss applicants that use aliases. For example, a recent TNC driver, who had been cleared by Hirease, underwent a City of Houston fingerprint background check and it turned out she had 24 alias names, 5 listed birth dates, 10 listed social security numbers, and an active warrant for arrest. o Even Hirease, the company that performs commercial third party background checks for Uber, admits that fingerprint -based checks are more secure because "fingerprinting helps uncover criminal history not discovered through traditional means, offers extra protection to aid in meeting industry guidelines, and helps prevent fraud" (www.hirease. cote/fingerprinting). o In the three months since Houston's ordinance became effective, the City's fingerprint -based FBI background check found that several applicants for TNC driver's licenses — who had already been cleared through a commercial criminal background check — had a prior criminal history. The charges include indecent exposure, DWI, possession of a controlled substance, prostitution, fraud, battery, assault, robbery, aggravated robbery, possession of marijuana, theft, sale of alcohol to a minor, traffic of counterfeit goods, trademark counterfeit, possession of narcotics, and driving with a suspended license. o TNCs may have a zero tolerance policy when it comes to criminal history of any kind; however, that policy is hard to enforce when the background check fails to identify the criminal record. 1 National Background Checks The background checks conducted by firms such as Hirease and Sterling are NOT true national checks. Commercial background checks are based on the personal information of the applicant, including name and social security number. These companies typically use the applicant's social security number to identify past counties of residence. The company then searches the courthouse records of these and surrounding counties. However, as these checks do not search every county, they create a huge potential gap where crimes go undetected. In order to supplement these county checks, commercial background companies often rely on commercial "national databases" composed of records collected from the various state criminal record repositories. However, these databases do not contain information from all states and pale in comparison to the scope of the background check conducted by the FBI. For example, the "national criminal search" conducted by Hirease does not cover Delaware, Massachusetts, South Dakota, or Wyoming. The "state criminal records search" conducted by Sterling Infosystems does not cover California, Louisiana, Mississippi, or Wyoming. The FBI provides the only true nationwide check. TNCs claim that regional processing times mean that the FBI database is not always 100% up-to-date and therefore imply that background checks conducted through the FBI cannot be trusted. However, the US Attorney General's Office concludes that the FBI database, "while far from complete, is the most comprehensive single source of criminal history information in the United States." More so, neither the TNCs nor their commercial background check providers have demonstrated that their commercial databases are immune to these same criticisms. In fact, the US Attorney General's Office goes on to point out that "in many instances the criminal history record information available through a commercial check is not as comprehensive as an [FBI] check because many states do not make criminal history records available to commercial database compilers." Both Hirease and Sterling have failed to demonstrate the efficacy of their non - fingerprint based criminal history checks. Fingerprint Background Checks Commercial background check companies do not use biometric identifiers to match an applicant with his or her record. This substantially increases the twin risks of false positives (when a person with a common name is associated with another person's record) and false negatives (when a record is missed because an individual provides false identifying information). A national taskforce compared the efficacy of name - based and fingerprint -based background checks using the FBI Interstate Identification Index database. The taskforce found that "based on name checks alone, 5.5 percent of the checks produced false positives and 11.7 percent resulted in false negatives." (U.S. Dept. of Justice 2006, p. 25). The City of Houston's TNC ordinance has been effective since November 4, 2014. In the approximately 3 months since the ordinance went into effect, the City's fingerprint -based FBI background check found that several applicants for TNC driver's licenses — who had passed a commercial criminal background check — had a prior criminal history. The charges include indecent exposure, DWI, possession of a controlled substance, prostitution, fraud, battery, assault, robbery, aggravated 2 robbery, possession of marijuana, theft, sale of alcohol to a minor, traffic of counterfeit goods, trademark counterfeit, and driving with a suspended license. TNCs may have a zero tolerance policy when it comes to criminal history of any kind; however, that policy is hard to enforce when the background check fails to identify the criminal record. All criminal justice record information ultimately originates from one of four primary government sources: law enforcement agencies, the courts, corrections agencies, and prosecutors. Although commercial background check providers claim to obtain data from multiple private databases, these extra databases do not necessarily add value to the background check process. If a single database, like the FBI database, reliably gathers information from these primary sources, then searching further databases is unnecessary and redundant. Commercial background check companies search multiple databases in order to pad their resume in comparison to the FBI's comprehensive database. Private databases may not reliably and regularly collect information from all primary sources in all states. COMPARISON OF MUNICIPAL CRIMINAL FIISTORY CHECK VS. PRIVATE SECTOR COMPANIES Seo ofRecord Review MUNICIPAL* iiitrase Sterling Note Exchules Delaware. Many states do not make 50-state\atiottalC'ritninal Records ✓ Itiassacinisens.SontltDakota. Exclude' C'alifontia.Louisiana. crintutalhistoryrecords Search qt .mine lfississ L Wyonlll � w available to commercial Search of all counties ✓ Y x "Houston requires a fingerprint criminal background check through the DPS which gets information from the FBI database. For the most up-to-date local arrest Information, Houston requires driver applicants to present themselves at the Municipal Courts for a warrant check. Houston's national search through the DPS includes the national sex offender registry. 3 Uber background check civil suit - Business Insider Page 1 of 3 BUSINESS INSIDER Uber hired a convicted murderer who applied with a fake name, complaint claims 1' MATT WEINBERGER � AUG.19, 2015, 7:45 PM Because of flaws in Uber's background -checking system, 25 drivers with criminal records — including murder, child abuse, and assault — were allowed to drive for the ride -hailing service in San Francisco and Los Angeles, according a complaint filed Wednesday by the San Francisco District Attorney's office. One of the drivers in question is a convicted murderer who spent 26 years in prison before being released on parole in Los Angeles in 2008, the complaint shows. This driver joined Uber in 2014, and the company's background check failed to turn up his criminal record, largely because he gave a fake name when he signed up. He's given 1,168 rides with Uber, the complaint says. In another case cited by the complaint, a driver had been convicted of the felony of "committing lewd or lascivious acts against a child under 14," which didn't turn up on the background check. He's given "5,697 rides to Uber passengers, including unaccompanied children," says the complaint. Another driver was convicted of felony kidnapping for ransom with a firearm. The complaint listed other incidents in this driver's criminal history, including felony robbery with a firearm, selling cocaine, and DUIs in southern California. In fact, several of the drivers listed in the complaint have DUIs. Most of the rest are convicted of less severe, nonviolent crimes, including "filing a forged power of attorney and filing a forged real estate grant deed," the complaint says. One driver received a citation at Los Angeles International Airport for driving with an expired license, and the driver "stated that he was leasing his car from someone else and using their Uber account," according to the complaint. Meanwhile, Uber has long maintained that its background -check system is comprehensive and keeps consumers safe. It used to say that it was "industry-leading," but doesn't anymore. "A lot of the information that Uber has presented to consumers has been false and misleading," San Francisco District Attorney George Gasc6n said in a press conference, per an SFGate report. http://www.businessinsider.com/uber-background-check-civil-suit-2015-8 3/22/2016 Uber background check civil suit - Business Insider Page 2 of 3 Last December, the cities of Los Angeles and San Francisco filed a joint civil suit saying that the ride -hailing service was misleading consumers with its claims of in-depth driver vetting. The service's background checks go back only seven years (as do competitor Lyft's), and simply aren't in-depth enough to catch everybody's histories, says the complaint. The city of San Francisco is urging Uber and its ilk to use Livescan, a fingerprint -based method, but Uber is resisting. In a statement Uber said: While we agree with the district attorneys that safety is a priority, we disagree that the Livescan process used by taxi companies is an inherently better system for screening drivers than our background checks. The reality is that neither is l00% foolproof — as we discovered last year when putting hundreds of people through our checks who identified themselves as taxi drivers. That process uncovered convictions for DUI, rape, attempted murder, child abuse and violence. In addition, Livescan includes people who have been arrested but not always charged or convicted, which can discriminate against minorities. Uber has also defended its hiring practices in a recent blog post, explaining that there's a seven-year limit on many tracking tools that look at past criminal records, and that "the California State Legislature decided — after a healthy debate — that seven years strikes the right balance between protecting the public while also giving ex - offenders the chance to work and rehabilitate themselves." Not long ago, Lyft had to pay $250,000 in fines for a similar court finding, but didn't change anything about its background -check processes. http://www.businessinsider.com/uber-background-check-civil-suit-2015-8 3/22/2016 Uber background check civil suit - Business Insider Page 3 of 3 http://www.businessinsider.com/uber-background-check-civil-suit-2015-8 3/22/2016 Marian Karr Late Handouts Distributed From: Howard Butler <howard@hobu.co> Sent: Tuesday, March 22, 2016 5:53 PM To: jthrogmo@yahoo.com Cc: Council Subject: Re: Please support Uber operation in Iowa City Sending this again in hopes of a reply... > On Feb 29, 2016, at 11:55 AM, Howard Butler <howard@hobu.co> wrote: > Mr. Mayor and Council Members, -�—,-�3—/,,/, (Date) 1#- 81 > 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 CoLab, 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 Marian Karr Late Handouts Distributed From: Tricia Ball <tball @continuity. net> Sent: Tuesday, March 22, 2016 5:57 PM To: James Throgmorton; Council Subject: Tech Future of Iowa City (Date) Dear Mayor Throgmorton and the Iowa City Council: My name is Tricia Ball, and I am currently a Senior Software Engineer for Continuity, a software company that supports small banks with a federal regulation compliance management system. I work out of an office in the ICColab. I am originally from the Chicago suburbs, but attended the University of Iowa for my Computer Science degree in 2003, and stayed in the Iowa City area because of the friendly and diverse culture. I think Iowa City could be a draw to many others in the tech community as long as we provide a welcoming environment. I think Uber would help facilitate this. Please consider voting to bring Uber to Iowa City, and along with it, many more tech professionals. Thank you for your time, Tricia Ball Senior Software Engineer Continuity http://continuity.net/ FE -11 This email and all files transmitted with it are intended solely for use by the intended recipient. Any other use is prohibited. If you received this email in error, please notify the sender, delete the email and destroy all attachments. Opinions and ideas expressed herein are solely those of the sender, and may not reflect the official position of Continuity. To the Iowa City Council & City Clerk's Office RE: Transportation Network Companies (TNC) March 20, 2016 M I have nearly 15 years experience as a taxi driver here in Johnson County and wish to share some of my thoughts and insights for the the council's consideration as to allowing Uber and similar companies into our community. As I think about the process of having a business in any town or city, I would think that a business license is granted in the hopes that any new business would be a boon to the local community. Any business that might be a detriment to the quality of life local should be discouraged by local citizens. I believe TNCs to be such a detriment. From what I've heard and read, the pay rate which TNC's give to their drives are nearly in line with taxi companies. Taxis generally pay a lower commission and in return handle the costs associated with vehicle ownership. However the taxi company is a local company. The flow of money passes through local banks and generally remains with local citizens to spend. A TNC like Uber will take –20% of company revenues out of the local area, A TNC would be a drain on the local economy not a boon. Taxi companies are mandated to have local offices and are owned and staffed by local citizens. In these concerns I would make draw a parallel with how Walmart was generally perceived in the 1990's – supplanting local businesses and draining local economies. In addition, TNC drivers generally don't appreciate the costs that accompany being an "independent operator". There are generally no repairs and few ongoing costs early on, but after a few months of driving several hundred miles per week in city tragic there will be extra costs_ Factor in self-employment taxes, weekly liability insurance of $85-120 (yes – weekly!), and saving to replace the vehicle every 2 or 3 years (assuming no accidents); and TNC drivers could easily be left with net incomes at or near poverty levels. This happens when ,after a few months in a new market, Uber & other TNC's generally offer discounts to riders which cuts into drivers' incomes just as they are experiencing extra costs of vehicle ownership. At this point I would again note the parallel with Walmart being a welfare creator: low wages with mediocre benefits at best. Why does a company like this deserve a business license? So workers may actually be on local welfare at the same time locally generated profits are funneled out-of-state to corporate headquarters. Please consider how this situation would affect Iowa City's image as a caring, human rights oriented community & quality place to live. Now I base these generalizations on some of the following stories... "Kazi drives a Toyota Prius for Uber in Los Angeles. He hates it. He barely makes minimum wage, and his back hurts after long shifts. But every time a passenger asks what it's like working for Uber, he lies: `It's like owning my own business; I love it. " • • • "In fact, if you ask Uber drivers off the clock what they think of the company, it often gets ugly fast. "Mer s like an exploitingpimp, " saidArman, an Uber driver in LA who askedme to withholdhis last name out of fear of retribution. "Uber takes 20 percent of my earnings, and they treat me like s*** — they cut prices whenever they want. They can deactivate me whenever they feel like it, and ifl complain, they tell me to f ** of " " • • • "From the very beginning, Uber attracted drivers with a bait -and -switch... " http://billmoyers com/2014/10/01/ubers-business-model-screwing-workers/ "Since Uber cut its fares by 15% late last month, some drivers who work full-time on the platform say they've been extending their hours, working to the point ofphysical and mental exhaustion in an effort to cover their expenses. " http://gothamist.com/2016/02/12/driver fatigue nyc.php "The controversial app -based ride -hailing service, and its competitor Lyft, are a source of income for tens of thousands of Canadians. But some of them are operating under some misconceptions, tax experts say. The most common misconception is that their earnings are tax-fiaee. "And that's obviously not true, " says Allan Madan, who heads a small accounting firm in Mississauga, Ont. Drivers must report their earnings, as well as fill out and include Form T2125 with their personal tax returns. And if they made more than $30, 000 on the road during the year, they must register with the CRA to charge GST/BST. Getting the paperwork right is one of the biggest challenges faced by Uber drivers, according to Madan, because they're often new to the responsibilities ofself-employment. " " http://taxitruths ca/uber-drivers-often-unaware-of-tax-obligations:' [Disclosure: TaxiTruths.ca is affiliated with the taxi industry in Canada] There's also an online forum for Uber workers who are dissatisfied or have left the app service. I did this for 4 months and made $8, 000 after taxes. I was lucky. With the new rates, it's not feasible at $1.00 a mile. " Feb 19, 2016 `App keeps crashing while enroute, or during route, or after drop off. " Dec 28, 2015 `My car had 59, 000 miles on it in May when Igot it inspected and it was absolutely flawless inside and out. Now it has 72,000 miles on it, the door sills are scratched to hell, I've had to poke food out of the perforations in the leather, the back of the center console is absolutely destroyed.." Dec 18, 2015 littp://ubpacoyle.iiet/forums/Quit/ M Antfiarnge, AK - ParFland, OREGON . Tustaluow, At Auburn, Al San Antonio, TX Panama City Beach, Fl 11 -c SOUTH L KOREA Fukuoka,. SPAINm ;:rkv lcth 1#IlylA 5 lelt 113iR �TAtK'kN Muntisar Katrtitnx �s�.1i =Tc. VdU BAN PARTIAL BAN SUSPENDED M BANNED BUT I OPERA110115 OPERATING % Qu�ettsi�.�` .�#::'.-YY-PutV!'- AW. TM'-'ua za..s tnsJor. ?`;YTime . #-f APP, tnsc* { 1%tft anzd,'.,, t .._. ..,s S ---O. .,.c Gro: t / Map from the online article found at www.businessinsider.com/heres-everywhere-,ber-i,-banned-around-the-world-2015-4 I would remind the council that it was due to the difficulty the ICPD had in following up a sexual assault incident that led to the recent changes in the local taxi regulations. How timely would any information be should there be future investigations involving Uber in the Johnson County area? Kalanick has so far refused to enter Korea to stand trial, but a police official told Yonhap News that he was to be sent an official summons soon for further investigation into the case. "If Kalanick continues to disobey the summons," the official said, "we plan to seek an arrest warrant against him." " www.thcvcrge-com/2015/3/18/8240601/south-korea-uber-chirged-'i0-people-ceo-kalanick Additionally, this article describes how Uber is having legal difficulties in 9 countries; Brasil, Canada, China, France, Germany, India, Japan, South Korea, & Spain. Some of these countries are set to detain any Uber executives that might visit those countries. In recent weeks the ride -hailing company, valued at a colossal $50 billion, has butted heads with the mayor of New York City, received a $7.3 million fine for failing to provide data to California regulators— " svNNNv.huffinutonaost.com/entry/uber-countries-eovernments-tali-drivers u,, A court on Wednesday postponed the trial of two French executives from Uber who are facing criminal charges of illegally organizing taxi services through the company's low-cost MerPop service. Judges at the court ordered that the trial be delayed until mid-February after lawyers for the defense successfully requested access to computer evidence that was seized during raids at the company's Paris headquarters. " www nwinies. cont12015 ]OlOLbusinessiuber-Prance-trial-executives htr; ' These are my opinions and some of the sources upon which I've based them. Thank you for your time. Christopher Bergan 1920 H Street Iowa City