HomeMy WebLinkAbout2002-07-16 OrdinanceAMENDMENT TO THE PROPOSED SENSITIVE AREAS
ORDINANCE AMENDMENTS
Proposed by Steven Kanner
Whereas
The goal of the Sensitive Areas Ordinance Amendments (SAOA) is to
regulate Iowa City's isolated wetlands in the same manner as they were before the
SWANCC decision; and
Whereas
The current proposed SAOA do not protect wetlands in the same manner as
previous to the SWANCC decision. This is noted in the following excerpt from
Mitchel Behr, Assistant City Attorney dated 4/26/02, "It should be noted that
despite amendment of the SAO to make it applicable to isolated wetlands as
proposed above, small amounts of isolated wetlands, between 1/10 and ½ of an
acre, will not be subject to regulation as they may have been before the SWANCC
decision. The COE had the authority to require 'compensatory mitigation' when
there was disturbance of between 1/10 and ¼ of an acre of wetlands by 'residential,
commercial and institutional development' activities. Compensatory mitigation is
the replacement of disturbed wetlands by the creation and/or enhancement, and
maintenance, of wetlands at another site..."; and
Whereas
The US Army Corps of Engineers (Rock Island District Fact Sheet No. 5,
Section 39 does indeed appears to offer protection to wetlands as small as 1/10 of
an acre.
Therefore,
The SAOA Section 14-6K-1-D "Exemptions", in order to bring Iowa City
isolated wetland regulation into the same standard of regulation as before the
SWANCC decision, should be further amended to read:
6. Other Activities: Activities that disturb less than 1/10-¢4
acre of wetlands. Activities that disturb 1/10 to ½ acre of
wetland will be subject to compensatory mitigation or
payment in lieu of mitigation. Final approval of the
mitigation plan or payment in lien of mitigation shall be
made by the Iowa City Planning & Community
Development Dept. Director.
City of Iowa City
MEMORANDUM
DATE: July 9, 2002
TO: City Council [,,~ ~, i~,~
FROM: Eleanor M. Dilkes, City Attorney'S,.)~ ,,~,-~
Mitchel T. Behr, Assistant City Attorney/11
RE: Sensitive Areas Overlay Rezoning and Sensitive Areas Development Plan
for 34'1 North Riverside Drive
The above-referenced Sensitive Areas Overlay Rezoning / Sensitive Areas Development
Plan is before the Council for consideration because the site proposed to be developed
contains steep, critical and protected slopes regulated by the Sensitive Areas Ordinance
(SAO). The following three main issues have arisen in connection with the application:
1. Protected Slope Buffer. City Code Section 14-6K-1(I)(3) provides for a
buffer between development activity and protected slopes. Two feet of
buffer is to be provided for each foot of vertical rise of the slope, which
calls for a buffer in the approximate size of 40 feet for this proposed
development. However, 14-6K-1(I)(3) also provides that "if a geologist or
professional engineer can demonstrate to the satisfaction of the City that
a development activity can be designed to eliminate hazards, the buffer
requirements may be reduced."
The Applicant and their engineer have requested a reduction of the buffer
between development activity and the protected slope toward the east
edge of the site. At the nearest point between development activity and
protected slo!de, there would be a 10-foot buffer. City Engineer Rick
Fosse has been satisfied that the proposed development, including the
reduction of the buffer, will not create a hazard regarding the slopes on
the site. Rick Fosse will be available at your meeting to answer questions
or concerns you may have on this issue.
2. Building Hei,qht Adjustment. 14-6K-1(N)(3)(g) provides as follows: "To
encourage more compact development and allow the transfer of dwelling
unit density from environmentally sensitive areas of a property to
nonenvironmentally sensitive areas of a property, the dimensional
requirements of the underlying zone may be waived." It further provides
that "the maximum building height and building coverage may be waived,
provided the design for the development results in sufficient light and air
circulation for each building."
The dimensional requirements of the underlying zone for this property,
RNC-20, set a maximum building height of 35 feet. The Applicant is
requesting a waiver of this maximum height to build up to 38.5 feet.
July 10, 2002
Page 2
3. Grading Plan. Because the property site contains critical slopes
regulated by the SAO, the Applicant has been required to submit a
grading plan in compliance with the Grading Ordinance. The Grading
Ordinance requires submission of "detailed plans of all surface and
subsurface drainage devices" and "a map showing the drainage areas
and the estimated runoff for a five-year return and a 100-year flood event
of the area served by any drains to be installed." Rick Fosse has
determined their grading plan is in full compliance with the Grading
Ordinance.
Section 1-5-C of the Grading Ordinance provides that soil reports and
geology reports shall be submitted when required by the Building Official
There has been much discussion about the soil and geology reports.
Rick Fosse is of the opinion that such reports are not necessary at this
time in connection with his determinations regarding adequate
stormwater drainage and stability of the slopes on the site. They will be
necessary at the building permit stage to ensure stability of the building.
Again, Rick Fosse will be available at your meeting to answer questions
or concerns you may have on this issue.
On behalf of his client Casey Mahon, attorney William P. Prowell submitted a July 2, 2002
letter to City Council in which he raised "three major concerns with the proposed project"
and requested that the City Council deny the rezoning request. The first stated concern is
that "the Applicant has failed to show that the slopes will remain stable if construction in the
required buffer zone around the protected slopes is allowed." In support of this concern, Mr.
Prowell refers to "incorrect" information and "faulty assumptions" explained by Professor
Frank Weirich at the Planning & Zoning Commission public hearing. Rick Fosse met with
Professor Weirich prior to the consideration of this application by the City Council, and
Professor Weirich found that the revised plan submitted June 17th adequately addresses the
drainage issues that he had raised.
The second concern raised by Mr. Prowell is that "the property is simply too small for a
project of this size." The applicable regulation and standard pertaining to the Applicant's
request for a building height adjustment is discussed above. Mr. Prowell's claim that the
six-foot side yard provided for in the Applicant's plans violates City ordinances is simply
inaccurate. Variation of dimensional requirements is clearly allowed under the SAO and
Board of Adjustment action is not necessary.
Mr. Prowell's third stated concern refers to the "relatively recent adoption" of the SAO and
his "understanding and belief that the City has had litUe experience in rezoning requests"
under the SAO. The SAO was adopted by the City in 1996. Suffice it to say the City Staff,
Planning & Zoning Commission and Council have had significant experience in application
of the SAO.
Attached to Mr. Prowell's letter is a document purporting to be "a list of ordinance violations
and other considerations" that should be addressed by City Council. The following are
responses to the alleged violations and considerations listed.
July 10, 2002
Page 3
Notice:
In the process of reviewing this application, Staff has indicated a new street
address for the property will be necessary. The new address will be assigned at or
before the time any building permit is issued.
State law and City ordinances regarding notice for this proposed rezoning have
been fully complied with.
The public hearing before the Planning and Zoning Commission on this application
was held at three separate meetings rather than the normal two.
Intent and Purpose:
The stated and listed purposes of the SAO are not specific enough to be applied
independently or serve alone as a basis for denial of an application. If necessary,
the intent and purpose provisions can be used to aid in interpretation and
application of the more specific regulations. The more specific regulations
applicable to this proposed development, referred to above, set forth the standards
to be applied by the City.
Drainage / Slope:
The provisions and information applicable to the request to reduce the buffer
between development activity and the protected slopes, including submission of a
soils and geology report and response to the alleged incorrect information and
faulty assumptions relied upon by the City, are discussed above.
Regarding 14-6K-1(N)(2)(b)(4), Staff does not feel the buffer reduction will result in
"danger to public health, safety, or welfare" or otherwise violate the provisions of the
SAO.
14-6K-2(G)(1)(i) is a provision within the City's Floodplain Management Ordinance,
which does not apply to this application because the property is not within a
designated flood hazard area.
Side yard, Height and Construction Area:
The side yard requirements of 14-6D-9(E)(5)(b) have been met.
The provisions and information applicable to the Applicant's request for a height
adjustment for the building are discussed above. Section 14~6Q-5(B) does not
apply because the Applicant has requested the height adjustment pursuant to the
SAO, under which there is no requirement that the side yard be increased due to an
increase in the height of the building.
Regarding Section 14-6K-1(I)(4)(b) of the SAO, which provides that "grading and
excavation shall be minimized on steep and critical slopes," Staff feels such grading
is minimized in connection with the proposed development and associated grading
plan.
July 10, 2002
Page 4
Performance Bond:
Provision of performance guarantees is not an issue before City Council. While
such guarantees may be required by the City in connection with site plans and
grading plans, it is discretionary and handled in connection with administrative
review and approval of applications by the Building Official. It is our understanding
that such guarantees are required infrequently.
Aesthetics:
Aesthetics of the proposed development are relevant for Council consideration to
the extent provided for in the standards set forth in the applicable regulations
referred to above. As noted above, granting of the height adjustment and buffer
reduction requested by Applicant are discretionary.
Last of all, Mr. Prowell's letter refers to time spent by Rick Fosse in review of this
application and the City's intentions to upgrade its sewer lines in the Riverside Drive
area as "improper use of taxpayer dollars." In review of this application, Rick Fosse
carried out the City's obligation to ensure that all plans submitted are in compliance with
City ordinances. His time was not improperly "volunteered" as alleged by Mr. Prowell.
Furthermore, repair and improvement of the City's sewer lines in the Riverside Drive
area is not an obligation to be imposed upon this particular development. City staff was
aware of the need for the repair and improvement work, and had begun to plan for the
completion of said work, before this development was proposed.
cc:
William P. Prowell
Apehouse LC
Stephen Atkins
Dale Helling
Marian Karr
Karin Franklin
Rick Fosse
Doug Boothroy
mitch/B/APEhouse2/341 nriverside7-8-02.doc
City Council Sonia Ettinger M.A.
Iowa City 230 Magowan Ave
Iowa City 52246 c~
Dear Council,
Re: 341 N Riverside Drive July 7 2002
Have you actually driven past this area??
This property is right in front of the "Ape house". However, perhaps more importantly, it
is right across from the Hancher parking lot. This area is part ora landscape which is
visible from a distance., as one enters the river valley. The UI currently has some grace
and beauty. There are gardens around Hancher and the eye goes to the bluffs and sees the
elegant fraternity pillars high on the bluffs. The bluffs are a natural feature which should
be preserved for intrinsic preservation reasons and for practical protective reasons.
The area may be zoned as higher density in general terms, but surely the designation as
"Sensitive area" should account for some respect?!! The land is almost vertical! As
noted, have we not learnt from the troubles at the Mayflower apartments? - with the cliff
instability there?? The runoffofdrainage from the whole Ellis Ave area is not
insignificant!! I cannot imagine having a basement garage there!! What view would any
apartments have on the West side ora building there ? - a cliff and a drainage treatment?
Parklawn apartments further up give a more basic view of what the urban landscape
would look like not graceful!! Similarly the apartments on the comer of Riverside and
River St also look tacky. Stuffing a building in on a cliff in front of another building
would look ugly to say the least!!
Is there such a shortage of housing in Iowa City that this insertion is needed?? Has Iowa
City ascertained that this is where housing is really needed?? I think not. This project is
born out o£one developer's desire to use a piece o£ bluff land, regardless o£whether it is
suitable or not. Those who live in the area, have no trust in this developer because the
apartments they have recently built on River St, so badly clash with aesthetics and
sensitivity. That apartment complex was built right across the street from a house that
was designated just this year!! 2002, as a Historic Preservation Award House!! The new
apartments are unnecessarily and ostentatiously high, and they block sun and light from
surrounding residents. Apparently, the developers are insensitive to such crowding
issues, which is highly relevant to the proposed plan for 341 N Riverside.
The council members would do well to examine their consciences about whether this
proposal is what Iowa City needs or whether this is something that is bowing down to a
developer, under the guise of saying that the existing code is not technically broken!! If
our codes do not protect us from such follies, then we need to amend our codes!! This
project should be put on hold till these issues can be examined further!! The project
should not go forward.
S H U T T L]~ W O RT HC~N G ~. R.S O L L, P.L.C.
ATTOI~.~Y~ A~ LAW ~TA~LI~H~D
V.C. S~o~ I~1~ G~L. Jo~s~ W~S, H~ ~TIC Pox~
T~. ~ 1 ~2-1 g72 ~ ~, P~ ~T L ~ ~ L ~
~ O. M~ W~ P. ~L N~ J. ~ GL~ L. Jo~o~
~ J. ~O~R ~A M. ~ PA~ Ho~8~ ~ · ~WO~
J~y 15 2002
Io~ Ci~ Council ~
410 E. Was~n St,
Iowa Ci~, ~ 52240
~e: R~ning Request for 341 N. ~versido D~ve
De~ Ci~ Council Members:
Apehouse, L.C. has ~quostod a rezon~ of 341 N, ~vorside Drive to
Elow con$~c~on of a 10-unit ap~i~ent b~d~g. A pubic he~ng was held
on ~is ma~er on J~y 2, 2002. ~or to ~at mee~ng, you received a le~er f~m
me de~iliug v~ous reasons why ~S project should not be ~owed to go
fo~d. You have s~ce ~ceived a memor~d~ from Ci~ Atto~ gle~or
Di~es dated J~y 9, 2002, respond~g to my letter.
~e ~ problem ~ ~e proposed project ~at has not eh~ged
~me is ~at ~e prope~ is too sinE1 to hold such a l~ge b~d~g. Apchouse
has requested a b~ding hei~t ~ ~cess of ~e m~ height a~owod, but
has not ~dressod ~e resul~ng ad~fionE side y~d ~qu~oments.
As ~e Ci~ Attorney pointed out ~ her memor~dum, ~e m~mum
height of a b~ld~g may be w~ved ~der ~e Sensitive ~eas 0rd~ce. The
m~m~ height for a b~di~g ~ ~e p~ject's zone is 35 feet, but Apehouse
has requos~d ~at ~e m~um height of ~e b~ding be wEved to ~ow a
38.5-foot ~ b~d~g, Apehouse has not requested ~at ~e side
rcq~ment be w~vcd.
JUL. 15. ~00~ 1: ~ 1PM SHUTTLEWORTH NO ,~. 0 'P': 3/4
~;HUTTLAWOETH
Iowa Ci~ Co.cfi
J~y 15, 2002
As I noted in my July 2, 2002 letter, by Iowa City ordinance, when the
height of a building increases, the side yard requirements increase. See 14--6Q-
$(B], This provision does not exempt increases in height by waiver made under
the Sensitive Areas Ordinance. It applies to all max/mum height waivers on all
proposed projects.
14-6Q-5(B) states:
In all zones, except the ORC zone, the maximum
height in each zone may be increased, on the
condition ti~t for each foot of height increase above
the maximum height limitation, there is provided an
additional two feet (2~ of front, side and rear yards,
and that an increase in height shall not conflict with
the provisions of the Johnson County/Iowa City
Airport Zoning Ordinance, as amended.
Because Apehouse has requested a height increase of 3,5 feet over the
maximum height allowed, the side yard increase would be 7 feet (2 x 3,5), The
increased side yard requirement of ? feet plus thc $ feet required by 14-
6D-9(E){5}{b] equals a side yard requirement for this project of 1a feet, The
plans for this proposed project call for 6 feet side yards. Apehouse has not
requested a waiver of the side yard requirement and cannot physically increase
the side yards for the proposed building because the property is too small,
The purpose for the Sensitive Areas Ordinance is to ensure that open
spaces remain after reasonable construction is allowed, The purpose for the
underlying neighborhood conservation residential zone is to preserve the
character of existing neighborhoods. See 14-6K-1 (A) and 14-6D-9(A). The intent
and purposes of these ordinances should be applied in this rezoning request.
You should consider both the technical requirements of the ordinances and the
purposes for which the ordinances have been enacted in making your decision.
The side yards of the proposed project violate the ordinance's
requirement, and Apehouse has not sought a variance or waiver of the
requirement. Again, the side yard dimensional requirements apply regardless of
whether the request is made under the Sensitive Areas Ordinance. If Apehouse
requests a waiver of the side yard requirements at this late date, notice and a
public hearing should be had so that residents within 200 feet of the project
I15 THIR~ STI~I~ET ~, ~IUITI~ 500 P,O. Box 2107 CEDAR lt~,P,Vl~, IOWA 52406-2107
JUL, 1~. 8002 1 -'
SHUTTLEWORTH ~- ING~R$OLI, P.L.C.
Iowa City Council
Juiy 15, 2002
Pa~e 3
who were qnaware of the side yard violations will have a chance to ~e a Protest
of Rezoning similar to the ones filed before the July 2, 2002, ptlbl/c hearillg.
This is partJcuiarly so since the waiver wouid drasticaily reduce the yard
reqttirements, and would have a huge hnpact on the character and aesthetics
of the neighborhood. In this manner, the/ncorrect names and addresses on the
ori~ai no~ices provided to residents w/thin 200 feet cottld be corrected, g/ring
all of the neighbors a voice regarding the proposed project.
Although there have been ma~y problems w/th the proposed project,
some of wh/ch have been solved, some of which have not been solved, the most
sis~ificant and common sense complaint with the proposed project is that the
building W/11 simply be too large for the property. Several residents have
requested in letters of protest that you drive by the property prior to voting on
the request for rezoning. If you do have an opportunity to view the site, the
need for additional side yard requirements will bccome clearer when
envisioning a parking garage and 38.5 foot strtlcture on the .41-acre area.
Because the side yard requirements have not been met and no request
for a wa/vet was made prior to thc public he,ring held J~ly 2, 2002, because
the proposed projec~ w/il ruin the aesthet/cs and character of the
neighborhood, and because some of the neighboring property owners were not
given a chance to weigh in on the proposed project, we respectfully request that
the rezoning request be denied at the July 16, 2002, Iowa City Council
meet/ng.
Very truly yours,
William P. Prowell
Marian Karr
From: Southard, Tom [tom-southard@uiowa.edu]
Sent: Tuesday, July 16, 2002 9:24 AM
To: 'council@iowa-city.org'
Cc: 'William G. Nusser, Jr.'
Dear Council Members,
I am a resident of Manville Heights and opposed to the proposed building
project on Riverside Drive by developers Cindy
Parsons and Jim Peterson. This project will adversely impact the esthetics
of the area.
Thank you.
Tom Southard
Marian Karr
From: Charles Wunder [WunderC~physiology.uiowa.edu]
Sent: Tuesday, July 16, 2002 8:35 AM
To: 'counci[@iowa-c[ty.org'
Subject: Undesiable Development
Dear Members of the Iowa City City Council:
This concerns the unfortunate proposal before you for further development by
Parsons and Peterson in the Manville Heights area. I hope you will decide
against undesirable development.
I thank you for past decisions to stop undesirable development.
Sincerely,
Charles Wunder
702 West Park Road
Iowa City, Iowa 52246
Marian Karr
From: Scholz, Thomas [thomas-scholz@uiowa.edu]
Sent: Monday, July 15, 2002 6:17 PM
To: 'council@iowa-city.org'
Subject: Parsons/Peterson Development
Dear City Council Members,
As a resident in Manville Heights, I would like to urge you to carefully
consider the apartment development project on Riverside Drive that is being
proposed by Cindy Parsons and Jim Peterson. There are several concerns that
our neighborhood group has brought to your attention with regard to drainage
at the proposed building site, height of the building, and traffic flow in
the neighborhood. Given the track record of these developers, I would hope
that this project, and future projects of theirs, are held to the letter and
spirit of the zoning regulations. Previous projects by these developers
have not enhanced our community. By her own admission, MS. Parsons stated
that she would not like to have the proposed apartment placed in her own
neighborhood. Neither would we.
Thank you for carefully reviewing, and not expediting, their request to
development this sensitive piece of land.
Sincerely,
Tom Scholz
420 Ferson Avenue
B~- Iq Page 1 of,.
Marian Karr
From: Roberts Staley [robertnstaley@msn.com]
Sent: Tuesday, July 16, 2002 12:02 PM
To: council@iowa-city.org
Subject: neighborhood development concerns
To the members of the Iowa City Council
I write in great hast and with great passion for I have, in the past year, seen a neighborhood awakened
by events that threaten its vitality. I have seen a neighborhood roused out of complacency and engage its
heart in a noble pursuit. A pursuit, where in the survival and prosperity of the neighborhood depends.
Progress is defined as growth at all costs in a maLerialistic culture. Growth without limits or vision is
defined in medicine as cancer. Our neighborhood is surrounded by growth without vision or scale and this
growth threatens to damage the delicate balance that is our neighborhood. Once gone always missed. It
is one of humanity's greatest faults. We take precious things and leave them for we think that what is
strong and beautiful will prosper no matter what is placed against it. We rationalize progress, we bring
scientists, from outside, in to comment. We have expert opinions expressed Lo pacify our doubt. We
think that this step will not be so bad for it looks small, yet if the problem is not solved and there is no
vision, then there is inevitably another step and yet another. Pennsylvania station is a memory of past
glory that sleeps deep in America's consciousness and yet is no more. New York realized to late the
beauty that was taken for granted and iL lost one of the wonders of its city, the greatest train station ever
seen. Enjoyed too much and taken for granted. Please do not take us for granted. Please empower our
neighborhood give us the ability to express our hopes and dreams and the strength to render them into
reality. This is a time for bold thought and clear vision. Today our city stands on the threshold of
becoming a community centered, and community empowered city, or becoming a city where developers
devour land without vision and communities Lake a back seat to entrepreneurs. These days hold great
promise. Many new young families have join e d this neighborhood and many young trees had been
planted for those yet born to enjoy. The birds sing all the brighter and there are more fireflies this year
than I have ever seen. Come visit us walk amongst our trees and look into the eyes of the new families
and see their dreams and add you're dreams to ours thus making this a city of understanding and joy.
I am not a traffic engineer yet the population density developing upon the east flanks of our
neighborhood is alarming, the university is planning to vent a 155-car parking lot in that area and there is
now many new apartments that will be filled with people and their cars. [ may not be an expert in
engineering, however, ! should like to think I am an expert in the field concerning this neighborhood and !
add my voice to all of those who share my concern. There is a rhythm to this community that can only be
felt if one has experienced it for a lifetime. [ have, and ! am afraid of loosing what ! hold so dear. ! am
honored to be a citizen of such a wonderful community and to have the blessing to express my thoughts
to this council and I thank you for lisle n lng. For with your help this neighborhood will remain a safe
haven for families and a strong, vibrant community for many more generations.
Thomas Staley
7/16/02
Marian Karr
From: John R. Menninger [menningr@ava[on,net]
Sent: Tuesday, July 16, 2002 10:35 AM
To: council@iowa-city.org
Dear Iowa City Council,
I attended the public hearing on 2 July that considered the
proposed development on Riverside Drive by Parsons-Peterson.
I live in the neighborhood that will be impacted by the devop-
ment. I urge you not to expedite any proceedings concerning this
proposal. I do not believe the developers have made a convincing
case for their plans.
My belief is based primarily on the reported failure to do
soil testing of the site. I cannot understand how the City
Engineers can approve plans for a sensitive slope area in the
absence of data on soil structure. Without any data on the
impact of the planned structure on the slope, and without any
specific plans to mitigate damage that might occur, the
development as presently proposed should have been disapproved.
I do not accept the developers claim that the site cannot be
tested until concrete rubble is removed and that they should
not bear the burden of removing and testing before approval.
The rubble was presumably obvious when the property was planned
for development, perhaps even when it was purchased. The
requirement for soil testing was in place when the development
plans were made. The developers consciously accepted the risk
of purchase but now want the City and the neighborhood to share
that risk, without any obvious benefit to them.
Please slow up the approval process until the required data
are available for analysis. You should have those analyses
before any further actions are taken.
Sincerely,
John R. Menninger
130 Ferson Ave.
Iowa City, IA 52246
~_'~Page 1 of 1
Marian Karr
From: Lisa Mollenhauer
Sent: Tuesday. July 16, 2002 4:40 PM
To: *City Council
Subject: FW: Parsons Construction Project in Manville Heights
..... Original Message .....
From: Jeff Davidson
Sent: Tuesday, July 16, 2002 4:30 PM
To: Lisa Mollenhauer
Cc: Karin Franklin; Bob Miklo; Steve Atkins; Eleanor M. Dilkes
Subject: RE: Parsons Construction Project in Manville Heights
Lisa, everything in Ms. Frye's email is fine, except the impression she leaves that the September traffic
study is tied to the evaluation of the Parsons project-- it is not. The September traffic study is in response
to the petition we received from Casey Mahon on general neighborhood traffic concerns. I would
appreciate this being clarified with the mayor and city council. Thanks.
..... Original Message .....
From: Susan Frye [mailto:sjfrye@msn.com]
Sent: Tuesday, July 16, 2002 4:23 PM
To: council~iowa-city.org
Ce: William G. Nusser, Jr.; Michael Kienzle; michael-kienzle
Subject: Parsons Construction Project in Manville Heights
Dear Mayor Lehman and Members of the Council:
I am writing to you because I am unsure whether or not my husband, Mike Kienzle, and I will
be able to attend tonight's council meeting, and we wanted you to have the following
information.
I just spoke to .left Davidson, Asst. Dir. Planning & Community Development, regarding follow-
up to his May 31 memo to you, and to the comments I made two weeks ago about a
September traffic study in the Manville Heights area..left said he will be sending you a memo
this Thursday, .luly 18, that recommends, among other forms of investigation, a traffic study
of the area after school begins-most likely in Septemb er.
Mike and I respectfully request that the Council defer voting on any aspect of the Parsons
project until all data, including investigations by Planning and Community Development, and
JCCOG Traffic Engineering Planning, have been compiled and analyzed for your review and
consideration.
Thank you for your attention to this message..
Sincerely, Susan Frye
7/16/02
Marian Karr
From: Kara Fellows [kara@karafellows.com]
Sent: Tuesday, July 16, 2002 4:26 PM
To: city council
Subject: proposed apartment building next to APE house
Dear Sirs/Madams,
Please know that we as residents of Manville Heights are opposed to
the project which would build an apartment house in the ravine
overlooking Riverside Drive. To do so would negatively impact the
traffic flow, natural landscape and, of course, the beauty of our
neighborhood.
Sincerely,
Stan and Kara Fellows
DEFEATED
Prepared by: Mitchel T. Bohr, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, ARTICLE K, SECTION 1, SENSITIVE AREAS
ORDINANCE TO AMEND DEFINITION OF WETLANDS AND REGULATE ISOLATED WETLANDS.
WHEREAS, Iowa City's Sensitive Areas Ordinance limits its definition of "wetlands" to those regulated
by the U.S. Army Corps of Engineers, and regulates only wetlands falling within said definition;
WHEREAS, the January, 2001 decision of the United States Supreme Court in Solid Waste Aqency of
Northern Cook County v. U.S. Army Corps of Engineers has decreased regulation of wetlands which are
not contiguous to a navigable waterway or a tributary of a navigable waterway, often referred to as
"isolated wetlands," by the U.S. Army Corps of Engineers and the Iowa City Sensitive Areas Ordinance;
and
WHEREAS, it is in the public interest for Iowa City's Sensitive Areas Ordinance to regulate isolated
wetlands.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT.
14-6K-1 Sensitive Areas Ordinance is hereby amended as follows: Repeal 14-6K-lB Definitions - WETLAND, WETLAND AREAS:
WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. For the purposes of this Section,
"wetland" shall mean a jurisdictional wetland that is regulated by the U.S. Army Corps of Engineers, or
its successor. Determination of jurisdictional wetlands shall be made either by the Corps or its
successor or by a wetland specialist and accepted by the Corps or its successor.
Add i4-6K-1B Definitions -WETLAND, WETLAND AREAS:
WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Determination of wet[ands under the
jurisdiction and regulation of the U.S. Army Corps of Engineers shall be made either by the Corps or
its successor or by a wet[and specialist and accepted by the Corps or its successor. Determination of
other wetlands shall be made by a wetland specialist.
Repeal 14-6K-lC(3)(a)(1) Applicability - Sensitive Features governed by the Sensitive Areas
Ordinance:
(1) Jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers, or its successor
Add 14-6K-1C(3)(a)(1) Applicability - Sensitive Features governed by the Sensitive Areas
Ordinance:
(1) Wetlands
Repeal 14-GK-1D(2) Exemptions - Maintenance/Expansion:
2. Maintenance/Expansion: Normal maintenance/expansion of existing single-family or duplex
residences. Exterior remodeling, reconstruction or replacement of single-family or duplex
residences in existence as of December 13, 1995, provided the new construction or related activity
connected with an existing single-family or duplex residence shall not increase the footprint of the
structure lying within the sensitive area by more than a maximum total of one thousand (1,000)
square feet, and also provided there is no encroachment by said activities, including grading, into
a jurisdictional wetland, a designated sensitive areas conservation tract and/or protected sensitive
area.
Add 14-6K-ID(2) Exemptions - Maintenance/Expansion:
2. Maintenance/Expansion: Normal maintenance/expansion of existing single-family or duplex
residences. Exterior remodeling, reconstruction or replacement of single-family or duplex
residences in existence as of December 13, 1995, provided the new construction or related activity
connected with an existing single-family or duplex residence shall not increase the footprint of the
structure lying within the sensitive area by more than a maximum total of one thousand (1,000)
square feet, and also provided there is no encroachment by said activities, including grading, into
more than ',/, acre of wetlands, a designated sensitive areas conservation tract and/or protected
sensitive area.
Repeal 14-eK-1D(3) Exemptions- Construction:
3. Construction: Construction of new single-family or duplex residences. Grading, clearing or
development activities not to exceed a maximum total of twenty thousand (20,000) square feet in
area on a tract of land for the purpose of construction, landscaping and/or associated
improvements for one single-family or duplex residence, provided there is no encroachment by
said activities into a jurisdictional wetland, a designated sensitive areas conservation tract and/or
protected sensitive area.
Add 14-6K-1D(3) Exemptions - Construction:
3. Construct[on: Construction of new single-family or duplex residences. Grading, clearing or
development activities not to exceed a maximum total of twenty thousand (20,000) square feet in
area on a tract of land for the purpose of construction, landscaping and/or associated
improvements for one single-family or duplex residence, provided there is no encroachment by
said activities into more than ¼ acre of wetlands, a designated sensitive areas conservation tract
and/or protected sensitive area.
Repeal 14-eK-1D(6) Exemptions - Other Activities:
6. Other Activities: Activities that disturb less than one acre of a wetland, provided such activities are
approved by the U.S. Army Corps of Engineers, or its successor, through a nationwide permit.
Add 14-6K-1D(6) Exemptions- Other Activities:
6. Other Activities: Activities that disturb less than ¼ acre of wetlands.
Repeal 14-6K-1G(3)(a)(1) Wetland Regulations -Wetland Delineation:
(1) Prior to any development activity occurring on a site containing a potential "wetland" as defined
above or as shown on the Sensitive Areas Inventory Map - Phase I, the property owner shall
provide a delineation of the wetland area(s) accepted by the U.S. Army Corps of Engineers, or its
successor, prior to the submittal to the City of a sensitive areas overlay rezoning application and
a sensitive areas development plan, or a sensitive areas site plan, for City review.
Add 14-6K-1G(3)(a)(1) Wetland Regulations -Wetland Delineation:
(1) Prior to any development activity occurring on a site containing a potential "wetland" as defined
above or as shown on the Sensitive Areas Inventory Map - Phase I, the properly owner shall
provide a delineation of the wetland area(s), prior to the submittal to the City of a sensitive areas
overlay rezoning application and a sensitive areas development plan, or a sensitive areas site
plan, for City review.
Repeal the first, unnumbered paragraph of 14-eK-1G(4)(b) Wetland Mitigation
b. Compensatory mitigation may be permitted only if it is clearly demonstrated minimizing the
impact on a wetland is unreasonable. A permit for any development activity within a wetland area
regulated by the Corps is required by the U.S. Army Corps of Engineers or its successor. If a
permit is granted for development activity within a wetland, compensatory mitigation shah be
required based on the following criteria, unless a greater degree of compensation is required by
the Corps or its successor
Add a first, unnumbered paragraph to 14-6K-1G(4)(b) Wetland Mitigation
b. Compensatory mitigation may be permitted only if it is clearly demonstrated minimizing the
impact on a wetland is unreasonable. A permit from the U.S. Army Corps of Engineers is required
for any development activity within a wetland area regulated by the Corps or its successor. If a
permit is granted for development activity within a wetland, compensatory mitigation shall be
required based on the following criteria, unless a greater degree of compensation is required by
the Corps or its successor.
Repeal the first, unnumbered paragraph of 14-6K-1K Fully Hydric Soils - Purpose:
1. Purpose: Fully hydric soils may indicate the potential existence of jurisdictional-wetlands and the
probable existence of a high water table. The purpose of regulating lands that contain fully hydric
soils is to recognize the constraints imposed on urban development projects by potential wetlands
and/or high water tables. That is:
Add a first, unnumbered paragraph to 14-6K-1K Fully Hydric Soils - Purpose:
1. Purpose: Fully hydric soils may indicate the potential existence of wetlands and the probable
existence of a high water table. The purpose of regulating lands that contain fully hydric soils is to
3
recognize the constraints imposed on urban development projects by potential wetlands and/or
high water tables. That is:
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
City ~Att6~ney'~ rid[ice
His bldg\ord\wetlandsamend.doc
O~inance No. DEFEATED 3/4
Page__
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
· Pfab
Vanderhoef
Wilburn
First Consideration
Voteforpassage:AYES: Wilburn, Pfab, Lehman. NAYS: Kanner, Vanderhoef,
Champion, 0'donnell. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Russell Bennett
Natural Resources Consultants
P.O. Box # 143
West Branch, iowa 52358
Iowa City Council
410 E. Washington
Iowa City, ]owa 52240
Dear Council Members,
It has come to my attention that the City is considering action regarding regulation of
wetlands with the community. ! would like to take this opportunity to present you with some
information and thoughts relevant to the issue in question.
I have been directly involved in the restoration, preservation and management of Iowa's
natural areas for over 20 years. This includes 10 years as an Integrated Roadside Vegetation
Manager for .lohnson County and an equal time as the County's Weed Commissioner. ! have also
worked with the Corps of Engineers and the NRCS, with much of my work involving the
deliniation and mitigation of wetlands as well as other natural features in Iowa and other States.
Please take the time to review my comments and notes. I would like to discuss the City's
Sensitive Areas Ordinance with you in more detail as well as the implications of amending the
regulations to include wetlands under your jurisdiction. !f you have questions or if I can be of
any service, ! hope you will feel free to contact me.
Sincerely,
Russell Bennett
NOTES ON ISOLATED WETLANDS IN IOWA CITY
Russell Bennett, Natural Resources Consultant
I~IA.~OR POINTS FOR CONSIDERATION
Based on issues raised at previous Council meetings
1. That identifying and making determinations of wetlands will be expensive and time-
consuming.
LOCATING ISOLATED WETLANDS DOES NOT HAVE TO BE COSTLY OR AN EXTENSIVE
UNDERTAKING.
Simple techniques can be effectively employed: :~- C~
-Use of air photos ~, - ~-~-
-Soil maps
-Public inquiry and area histories - ~-,
provide
preliminary
Would identification for 80% to 90% of wetlands without putting ?1~,,~,/'
personne nto the field. Field work could then be limited to confirmation of sites. -~"~ ~.-
One trained worker with one workspace and one vehicle could do the entire inventory in a
relatively short time. Additional assistance could be gained by using student interns or
volunteers if needed.
Because of demographics, topography and prior land usage there are very limited possibilities
and numbers of wetlands to begin with. Generally speaking, there are very few wetlands
exceeding one acre within the area of the City. Most will prove to be only a few hundred
square feet in size, in part due to previous drainage and land alterations. This implies that
the remaining wetlands found are ali the more uncommon and important.
On the average, field determinations involve an estimated 4 to 8 hours per acre and an
added 4 to 8 hours of offsite documentation for determining wetland status.
Criteria limitations and very specific requirements would allow nonwetland sites to be freed
up for development with a rapid turnaround. Using a copy of the Corps of Engineers format,
permitting and regulation does not have to be complicated or tedious.
2. That wetlands are of Iow value and importance in an urban setting.
AN ACCURATE DESCRIPTION OF WETLAND BENEFITS AND FUNCTIONS HAS RECENTLY
BEEN OFFERED BY AMY BOUSKA OF THE NRCS.
-Wetlands do provide high value areas for controlling run-off of storm waters and for erosion
reduction. Their function involves reducing off-flow velocities and temporary storage of
excess water.
-Wetlands are the major instrument in recharging the local water table.
-Wetlands are valuable for water purification and reconditioning. For example, a tablespoon
of gasoline will render 1000 gallons of water unfit for consumption. A wetland the size of a
living room will recondition 1000 gallons of water in 30 to 60 days.
-Wetlands are major harbors for wildlife and native plant species. A majority of the Iowa
listed endangered species are related to wetlands environments.
-Wetlands yield fewer pest species (ex. mosquitoes) than most impounded areas. In pert
this is due to their intermittent nature and to the diversity of species predatory to such
problem species within the habitat.
-There is also a question of environmental ethics related to the treatment of such areas. My
experience is that people respect and enjoy natural areas and they almost always increase
property values.
Historically, wetlands have been looked upon as an inconvenience, nuisances or evidence
that a piece of property is in a deteriorated condition. On the contrary, wetlands are
actually more complex and of higher value for ecosystem stability than woodlands, prairies or
other regional natural features.
3. That wetlands maintenance will be costly and time-consuming.
WETLANDS ARE COMPARATIVELY THE LOWEST UPKEEP NATURAL SYSTEMS ENCOUNTERED
A stable and moderately healthy wetland:
-maintains conditions that limit weed invasion and it can be shown that fewer than a dozen
listed noxious weed species establish in such systems. Tnvasive species do not readily
colonize due to the highly specialized environment and conditions.
-requires Iow upkeep, with maintenance usually limited to monitoring and only occasional
intervention. Stable systems do not encounter rapid changes or disturbance, unless a
cataclysmic event occurs (such as human-caused alterations).
The maintenance of a natural area is always proportional to the disturbance of a site. It is
generally much easier to manage an existing area than to restore a site. ]'t is virtually alway.,s, ~
more expensive to establish and maintain an artificial cover such as a lawn than a r~ural
system. Added costs might include turf establishment, tiling, reinforcement of stri:~t~l ~__
foundations, weed management and other treatments. For many natural areas I h~=~
worked with, intervention generally works on a declining scale as the site matures. ~ ,-
4. That marginal wetlands are of Iow value and only quality sites merit protection. -,
IOWA HAS LESS THAN 1% OF ITS WETLANDS REMAINING, CONTIGUOUS OR ISOI-~Eb.
THIS WIDELY ACKNOWLEDGED STATISTIC INCLUDES RESTORED WETLAND AREA~,P' r~
-Even "marginal' wetlands are specialized communities and almost always contain a number
of unique species. These indicators are integral to classification of a site as a wetland.
-A site meeting the wetlands criteria would likely have value even if diversity is narrow. Any
extremely high quality sites found should be considered areas where no development should
be allowed within the immediate basin and completely preserved, including the establishing
extensive buffer areas and designation as parks or recreation areas.
-Under the C of C definitions, there are no marginal wetlands. An area either meets the
criteria or does not. The question of wetland status is less related to quality than condition.
-Development within wetlands labeled as marginal would still encounter added costs due to
the need for supplemental site alteration, just as it would for quality sites. The hydrology
and soils would still dictate process. Any encroachment would require specific planning to
preserve whatever remnants might remain after work is finished.
EXAMPLES OF WETLAND MANANGEMENT STRATEGIES AND CONSEQUENCES
As a conclusion, I would suggest the Council look at two disparate situations regarding
wetlands. An investigation of policies and programs employed by other communities will
offer a template for most effective land usage, emphasizing resource management as well as
development strategies.
:~. Cedar Rapids, Towa.
Recent and past flooding here can be directly attributed to a poorly maintained
watershed, over-development in areas within impact zones and removal of hydrologic
features capable of diverting or containing excess waters. Wetlands, small structures on
tributaries and limitations on development would have the effect of curtailing potential
damages from flood incidents. Failure to account for excess waters has resulted in
property damages and additional costs for the city.
2. Minneapolis, Minnesota.
Extensive and binding regulations have preserved wetlands throughout the city. The
results include reductions in water management problems, added storage for snowmelt
and floodwaters as well as the creation of extensive green space. Wetlands are placed
and maintained in highway ramps, adjacent to industrial/office areas and in residential
neighborhoods. These unobtrusive sites compliment the urban setting and reduce city
costs. On a recent visit T spoke with a number of residents, almost all of whom had
positive attitudes toward their backyard natural areas.
Marian Karr
From: Becky Soglin [bsoglin@earthlink.net]
Sent: Monday, July 15, 2002 3:06 AM
To: cou ncil@iowa-city.org
Subject: Isolated wetlands information
Dear Members of the City Council,
Please consider the following information for your July 15 work
session and July 16 council meeting. (I regret that I was unable to
submit this in time to be included in your packets.) The information
-- primarily about inventories and costs -- should help you find
additional reasons to support amending the city's Sensitive Areas
Ordinance so that wetlands again are regulated and thus receive some
protections. Thank you for taking time to consider these facts and
-- According to an Iowa Geological Survey Bureau staff member, the
Environmental Protection Agency (EPA) has told the Iowa Department of
Natural Resources (IDNR) that it needs to develop a wetlands
monitoring plan for the state of Iowa. Such a plan could contribute
to wetlands inventory in our area. Reinstatement of wetlands
protections in our city's Sensitive Areas Ordinance will put us in a
good position as the state begins to keep a closer eye on our
wetlands.
-- I recently spoke with Tom Taylor, a wetlands coordinator with our
regional EPA office (Kansas City). He said an IDNR project led by
Todd Bishop in Des Moines recently completed a round of satellite
imagery of the state's landscape. Used in conjunction with existing
air photos, maps and other documents, this new information could
provide a more complete picture of the city's wetlands.
-- Mr. Taylor also said there are several EPA funding sources to
which the city could apply to get assistance with wetlands management
administration, including refining inventories. Mr. Taylor sent me an
example of a Johnson County, Kansas, grant application to fund a
stream and associated riparian and wetlands areas inventory, with an
eventual goal of strengthening and implementing watershed management
practices to protect these assets. Similar to our community, this
county has an incomplete inventory of its natural resources,
including wetlands. Also similar to our area, this county has a
growing economy and experiences development pressures on land. The
management plans include developing partnerships with home builders
groups.
-- Certain EPA grants can be used to fund staffing for program
development or for environmental education. In addition, the U.S.
Fish and Wildlife Service and the NRCS have monies for actual
projects for restoration efforts.
-- Mr. Taylor emphasized that East Coast comsnunities, as well as a
growing number of cities and counties in the Midwest, are following
conservation design concepts and building coalitions. Home builders
associations are partners in these efforts. For example, the
Chesapeake Bay Home builders has entered in an agreement with the
Center for Watershed Protection to set a new course of action for
development around the bay.
-- I have separately learned that the Stormwater Management
Conm~ission {SMC) of Lake County, Illinois, revised its Watershed
Development Ordinance to protect isolated wetlands after SWANCC. An
isolated wetland impact requires a submittal, which includes a
delineation report, application, and a cover letter that describes
impact. They have four categories based on acreage and wetland
quality: (I) less than 1 acre; (II) 1 to 2 acres; (III) 2+ or high
quality; (IV) restoration projects. Impacts greater than 0.25 acres
require mitigation.
With public input, the SMC developed a fee structure that was
acceptable to the home builders and others concerned. A professional
wetland delineation and report for a 10 to 40 acre site typically
costs $2,000 to $3,000 in Lake County, and consultants usually charge
less for permitting applications, depending on the amount of impact.
The county's permit fees range from $1,260 to $1,980.
For a single family-lot developer who does not impact wetlands on the
property and doesn't know exactly where they are, the SMC requires a
"Letter of No Impact" {$270 fee). If impact is unavoidable, the SMC
directs them to a consultant, who charges between $500 and $1000 for
single-family lots. The permitting fee for single-family home
projects is $450.
-- These costs are reasonable and well spent. Consider that someone
buying an old home might pay $1,000 to upgrade the electrical system.
Upgrading old electrical work increases the functionality of the
house and reduces the chance of injury or fire, which otherwise could
personally cost a family as well as taxpayers. Similarly, preserving
a wetland on a developable property can promote the land's natural
functions and protect the immediate area from flooding, and by
extension, help maintain the watershed in the community. In contrast,
removing a wetland that otherwise provides flooding abatement can
cost the individual and other homeowners and taxpayers.
Thanks to a friend who recently gave me an article from the spring
2002 issue of Orion magazine, I will close with this thought: just as
there are market-rates for diamonds (which, unlike water, one
actually can live without) and quality electrical systems, there is a
growing recognition that natural resources such as wetlands also have
market value. The challenge is to "measure, capture and protect these
newly discovered values before they are lost." I hope Iowa City will
be in league with this thinking, a recognition that's been embraced
by cities such as New York and Seattle, and resume its isolated
wetlands regulation.
Sincerely,
Becky Soglin
bsoglin@earthlink.net
!/
Marian Karr
From: Field, R. William [bill-field@uiowa.edu]
Sent: Thursday, July 11, 2002 1:53 PM
To: cou ncil@iowa-city.org
Subject: Radon Control Measures
Importance: High
July 11, 2002
Dear Iowa City Council Members,
I give my highest support for adoption of Appendix F, "Radon Control
Measures", of the proposed building codes, which you will be voting on in
the coming weeks. As you likely know, Iowa has the highest mean
residential radon concentrations in the United States. Seventy percent of
Iowa homes have basement screening radon concentrations above the EPA's
action level of 4 pCi/L. In fact, residential radon exposure supplies
over 70% of the effective annual radiation dose to the average individual
in Iowa. It is much more cost effective ($100.00 to $200.00} to include a
radon mitigation system in a new home during construction, then after
construction ($1,000.00 to $2,500.00). We recently completed a
comprehensive residential radon case-control study in Iowa, which showed
that even at the EPA's action level of 4 pCi/L for radon, there is about a
50% increased risk of lung cancer.
I have attached several links that may be of interest.
Please feel free to contact me if you have any questions concerning the
health effects of prolonged residential radon exposure.
Regards, Bill Field
R. William Field, M.S., Ph.D.
College of Public Health
Department of Epidemiology
N222 Oakdale Hall
University of Iowa
Iowa City, Iowa 52242
319-335-4413 (phone)
319-335-4748 {fax)
mailto:bill-field@uiowa.edu
Recent UI Health News Release Concerning Radon
http://www.uihealthcare.com/news/news/2OO2/O5/2Oradon.html
Information on the Iowa Radon Lung Cancer Study can be found at:
http://www.cheec.uiowa.edu/misc/radon.html
An overview of radon occurrence and health risks can be found at:
http://www.vh.org/Providers/Textbooks/Radon/HealthRisk.html
Information on radon testing and mitigation is available toll free from the
National Safety Council at 1-800-SOS-RADON, or by visiting the NSC Web site
at http://www.epa.gov/iaq/radon/iowastudy.html
Bill Field
627 St. Thomas Ct.
Iowa City, IA 52245
338-1260
7/12/02
Dear Bill,
Enclosed is the information on radon gas control that I promised you. We are
updating our building codes (to coincide with the 2000 International Building Code
standards) and will vote on this ordinance this Tuesday, July 16. If the ordinance passes
Tuesday, we will vote on the measure at two subsequent meetings.
Your input, as a member of the public and an expert in regards to the issue of
radon gas contamination, is always welcome at our formal council meetings.
Please feel free to call me at 338-8865 if you have any questions.
Sincerely,
Steven Kanner
City Councilmember
Home Address: 630 S. Governor, #1
Iowa City, IA 52240
Home Phone #: 338-8865
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (3191 356-5000 · FAX (319) 356 5009
Roger Boyles
Carpenters Local Unions #308 & 1260
350 Waeonia Ct. S.W.
Cedar Rapids, IA 52404
7/12/02
Dear Mr. Boyles,
I'm am a councilmember with the City of Iowa City. We will be voting this
Tuesday, July, 16 to update our various City of Iowa City building codes. Most of the
updates will bring us into compliance with the 2000 International Code standards. I'm
sending the proposed ordinances (along with memos from our Building Dept. and Fire
Dept. that highlight major changes) to many of the Iowa City area Building Trade Union
representatives to see if you have any comments - negative or positive - on the proposed
changes.
I meant to get this information out to you earlier but had some difficulty in
obtaining your names and addresses. I apologize for the lateness in your receiving this
but you should know that your comments would be welcome at our Tuesday meeting and
at our two subsequent Council meetings when we must vote again on the ordinances.
(The ordinances must pass three consecutive readings.)
Please feel free to call or write me with any questions or comments.
Sincerely,
Steven Kanner
City Councilmember
Home Address: 630 S. Governor, #1
Iowa City, IA 52240
Home Phone #: (319)338-8865
Mike Tomash
Carpenters Local Unions//308 & 1260
705 S. Clinton St.
Iowa City, IA 52240
7/12/02
Dear Mr. Tomash,
I'm am a councilmember with the City of Iowa City. We will be voting this
Tuesday, July, 16 to update our various City of Iowa City building codes. Most of the
updates will bring us into compliance with the 2000 International Code standards. I'm
sending the proposed ordinances (along with memos from our Building Dept. and Fire
Dept. that highlight major changes) to many of the Iowa City area Building Trade Union
representatives to see if you have any comments - negative or positive - on the proposed
changes.
I meant to get this information out to you earlier but had some difficulty in
obtaining your names and addresses. I apologize for the lateness in your receiving this
but you should know that your comments would be welcome at our Tuesday meeting and
at our two subsequent Council meetings when we must vote again on the ordinances.
(The ordinances must pass three consecutive readings.)
Please feel free to call or write me with any questions or comments.
Sincerely,
Steven Kanner
City Councilmember
Home Address: 630 S. Governor,
Iowa City, IA 52240
Home Phone//: (319)338-8865
4[0 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356.5000 · FAX (319) 356.5009
Gary Butz
I.B.E.W. Local Union #405
Henry Klosterman - Bricklayers #3; Bob Rowe - Roofers #182; Kenneth Cable -Sheet
Metal Workers #263;
1211 Wiley Blvd., S.W.
Cedar Rapids, IA 52404
7/12/02
Dear Mr. Butz,
I'm am a councilmember with the City of Iowa City. We will be voting this
Tuesday, July, 16 to update our various City of Iowa City building codes. Most of the
updates will bring us into compliance with the 2000 International Code standards. I'm
sending the proposed ordinances (along with memos from our Building Dept. and Fire
Dept. that highlight major changes) to many of the Iowa City area Building Trade Union
representatives to see if you have any comments - negative or positive - on the proposed
changes.
I meant to get this information out to you earlier but had some difficulty in
obtaining your names and addresses. I apologize for the lateness in your receiving this
but you should know that your comments would be welcome at our Tuesday meeting and
at our two subsequent Council meetings when we must vote again on the ordinances.
(The ordinances must pass three consecutive readings.)
Please feel free to call or write me with any questions or comments.
Sincerely,
Steven Kanner
City Councilmember
Home Address: 630 S. Governor, #1
Iowa City, IA 52240
Home Phone #: (319)338-8865
410 EAST WASHINGTON STREET · IOWA CITY IOWA 52240 1826 · 1319} 356.5000 · [:AX (319/ 356 5009
Boilermakers Local Union #83
Box 351
Solon, IA 52333
7/12/02
Dear Mr. Kruzic,
I'm am a councilmember with the City of Iowa City. We will be voting this
Tuesday, July, 16 to update our various City of Iowa City building codes. Most of the
updates will bring us into compliance with the 2000 International Code standards. I'm
sending the proposed ordinances (along with memos from our Building Dept. and Fire
Dept. that highlight major changes) to many of the Iowa City area Building Trade Union
representatives to see if you have any comments - negative or positive - on the proposed
changes.
I meant to get this information out to you earlier but had some difficulty in
obtaining your names and addresses. I apologize for the lateness in your receiving this
but you should know that your comments would be welcome at our Tuesday meeting and
at our two subsequent Council meetings when we must vote again on the ordinances.
(The ordinances must pass three consecutive readings.)
Please feel free to call or write me with any questions or comments.
Sincerely,
Steven Kanner
City Councilmember
Home Address: 630 S. Govemor, #1
Iowa City, IA 52240
Home Phone #: (319)338-8865
410 EAST WASHINGION STREET · IOWA CITY. IOWA 52240 1826 · 1319/ 356 5000 ° FAX { 3191 356-5009
Steve Bark
Millwright Local Union #2158
5402 4th Ave.
Molin¢, IL 61265
?/12/02
Dear Mr. Bark,
I'm am a councilmember with the City of Iowa City. We will be voting this
Tuesday, July, 16 to update our various City of Iowa City building cod~s. Most of the
updaes will brin~ us into compli~ce with the 2000 Internaional Code standards. I'm
sending th~ proposed ordinances (alon~ with memos ~om our Building Dept. and Fire
Dept. ~at highlight major ch~ges) to m~y ofth~ Iowa City ~ea Building Trade Union
representaives to see if you have ~y co~ents - negaive or positive - on the proposed
ch~ges.
I me~t to get this info~ation out to you e~lier but had some difficulty in
obtaining your nines ~d addresses. I apologize for the lateness in your receiving this
but you should ~ow that yo~ comments would be welcome at our Tuesday meeting and
at our two subsequent Council meetings when we must vote again on the ordinances.
(The ordin~ces must pass t~ee consecutive readings.)
Please feel free to call or write me with any questions or comments.
Sincerely,
Steven K~er
City Councilmember
Home Address: 630 S. Governor, ~1
Iowa City, IA 52240
Home Phone ~: (319)338-8865
410 EAST WASHINGTON STREET - IOWA CITY. IOWA 52240 1826 * (3191 356-5000 - FAX (3191 356 5009
~avid Jones
Painters Local Union #447
5000 J. St., S.W.
Cedar Rapids, IA 52404
7/12/02
Dear Mr. Jones,
I'm am a councilmember with the City of Iowa City. We will be voting this
Tuesday, July, 16 to update our various City of Iowa City building codes. Most of the
updates will bring us into compliance with the 2000 International Code standards. I'm
sending the proposed ordinances (along with memos from our Building Dept. and Fire
Dept. that highlight major changes) to many of the Iowa City area Building Trade Union
representatives to see if you have any comments - negative or positive - on the proposed
changes.
I meant to get this information out to you earlier but had some difficulty in
obtaining your names and addresses. I apologize for the lateness in your receiving this
but you should know that your comments would be welcome at our Tuesday meeting and
at our two subsequent Council meetings when we must vote again on the ordinances.
(The ordinances must pass three consecutive readings.)
Please feel free to call or write me with any questions or comments.
Sincerely,
Steven Kanner
City Councilmember
Home Address: 630 S. Governor, #1
Iowa City, IA 52240
Home Phone #: (319)338-8865
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319/ 356 5000 - FAX (319) 356 5009
City
Plumbers & Pipefitters Local Union ~125
1839 16th Ave., S.W.
Ced~ Rapids, ~ 52404
7/12/02
De~ Mr. Havlik,
I'm am a councilmember with the City of Iowa CiW. We will be voting this
Tuesday, July, 16 to update our v~ous City of Iowa City building codes. Most of the
updates will bring us into compliance with the 2000 International Code st~d~ds. I'm
sending the proposed ordin~ces (along with memos from our Building Dept. ~d Fire
Dept. that hi~li~t major ch~ges) to m~y of the Iowa City area Building Trade Union
representatives to see if you have any co~ents - negative or positive - on the proposed
ch~ges.
I me~t to get this intonation out to you e~lier but had some difficulty in
obtaining yo~ names ~d addresses. I apologize for the lateness in your receiving this
but you should ~ow that your comments would be welcome at o~ Tuesday meeting and
at our two subsequent Council meetings when we must vote again on the ordinances.
(The ordinances must pass t~ee consecutive readings.)
Please feel free to call or write me with any questions or comments.
Sincerely,
Steven K~er
City Councilmember
Home Address: 630 S. Governor, ~1
Iowa City, IA 52240
Home Phone ~: (319)338-8865
410 EAST WASHINGTON STREET , IOWA CITY. IOWA 52240-1826 · (319) 356-5000 ° FAX (319) 356 5009
Prepared by: Roger Jensen, Fire Marshall; 410 E. Washington St., Iowa City, IA 52240; 319-356-5257
ORDINANCE NO.
AN NANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION ANE PROTECTION,
THE 2000 EDITION OF THE INTERNATIONAL FIRE CODE, ILATING AND
THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE EXPLOSION
SING FROM THE STORAGE, HANDLING AND USE OF HAZARDOI SUBSTANCES,
MATERIALS DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE iR PROPERTY IN
OF BUILDING AND PREMISES IN THE CITY OF IOWA PROVIDING FOR
THE ISSUANCE PERMITS FOR HAZARDOUS USES OR REPEALING
C ~69 OF THE IOWA CITY CODE AND ALL OTHER ORDII~ ; AND PARTS
OF THE C CONFLICT THEREWITH.
BE IT C IE CITY COUNCIL OF THE CITY OF IOWA CITY,
Section one (1) copy of which is on file in th* of the City Clerk of
the City of Iowa City, being and designated as the International Fir including Appendix
Chapters B, C, D, E, F, and G, ~ublished by the International Code Cour be and is hereby adopted
as the code of the City of Iowa r regulating and governing the safeg[ of life and property from
fire and explosion hazards arising the storage, handling and use of substances, materials
and devices, and from conditions )us to life or property r of buildings and premises
in the City of Iowa City and providin! issuance of permits for or operations; and
each and all the regulations, provisions, ,nditions and terms of International Fire Code, 2000
edition, published by the International Cod( on file in of the City Clerk are hereby
referred to, adopted and made a part hereof r set out Section 7-1-1 through 7-1-
10 of the Iowa City City Code is hereby ~d the followir new Section 7-1 is enacted.
Section II. That the following sections are ' amended
Section 101.1 Insert: Iowa City, Iowa
Section 109.3 Insert: simple misdemeanor, 500,
Section 111.4 Insert: 50, 500
Section III Fees for Inspections. Fees for inspection and other services related to enforcement of
this Code shall be established by the City Council by and paid to the Fire Department.
Section IV. Amendments to the Fire Code. The foil ~ amended to read as follows:
Section 104.1.1 Add a sentence to the end of th read as follows: The code official and
members of fire prevention shall have the r in performing their duties under this
Code.
Section 104.1.2 Add a new section to read follows: The Fi~:~Chief may appoint and designate
such members of the Fire Department as fire/ investigators up0g being certified by the Iowa Law
Enforcement Academy. Fire/police investigator have the powers",of a peace officer in performing
their duties under this Code, including full of arrest to effectua~ their duties of enforcing city
ordinances and state statutes. Notwithstand his/her status as a peace officer, a fire/police investigator
shall be subject to the rules and regulatior of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief., I assign.
,
Section 104.10.2 Add a new sectiol as follows: When requested to ~0 so by the code official,
the Chief of Police is authorized to such available police officers as necessary to assist the Fire
Department in enforcing the ' ' Code. ..
Section 108 Delete in its
Section 305.5 Add a to read as follows: The use of portable heaters shall be approved by
the Chief. ,~
Section 307.1 through 30~ Delete in their entirety. See 6-6 of this Code. '~
Section 405.2 Add to of the section as follows: Fire and evacuation drills in Group E
occupancies shall be cone in accordance with Section 100.31 of the Code of Iow~:,. Fire drills in
Group R, Division 2, frate sororities, shall be conducted in accordance with the foll6,wing:
(a) Fire drills shall per academic semester, as approved by the Fire Department.
(b) A record of uired fire drills shall be kept by the person in charge of the occupancy and
forwarded to the Firl on an annual basis. Records of fire drills shall include the time and date of
each drill held 'ne of the person conducting such drill and the time required to vacate the building.
Ordinance No.
Page 2
(c) Fire drills shall include complete evacuation of all persons from the building.
(d) The Fire Department emergency communications center shall be notified prior to each drill.
(e) When a fire drill is performed, fire drills shall be initiated by the activation of the fire alarm system.
Section 502.1 Add a sentence to the end of FIRE LANE definition to read as follows: See city code 9-
4-13 (ordinance 98-3850, 9-22-1998) for additional rules and regulations.
Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall
be installed in an approved location on all new construction.
Exceptions: Group R-3 and Unsecured R-2 Occupancies.
Section 508.5.1 Delete the section and the exceptions. Insert in lieu thereof: Whe~je required. Where
ortion~of the facility or building hereafter constructed or moved into or within the Jurisdiction is more
than 300 f'ee, t from a hydrant on a fire apparatus access road, as measured by an ap/lbroved route around
the exterior O(,.the facility or building, on-site fire hydrants and mains shall be provi~d where required by
the code officia'k, ./
Section 603.~Add a sentence to the end of the section to read as follows: P/~rfable heating use shall
be a p p roved _b_y_t h_ e._X~ gfficial, /
Section 605.9 D( the section and insert in lieu thereof: Temporary ,y~ring. Temporary wiring for
electrical power and installations is allowed for a period not to e~'ceed 90 days for Christmas
decorative lighting, and similar purposes. Temporary wiring me,ods shall meet the applicable
provisions of the Iowa ectrical Code. /
Exception: Tem for electrical power and lighting install~ions is allowed during periods of
construction, remodeling, or demolition of buildings, structure, equipment or similar activities.
Temporary wiring methods shall ~eet the applicable provisions of they'lowa City Electrical Code.
Section 803.3.1 Delete ns 1 & 2. "
Section 803.4.1 Delete ; 1 & 2.
Section 804.1 Add a le end of the section to r~ad as follows: Natural or resin-bearing
cut trees and natural decorative )n used in buildings ol~n to the general public shall be properly
treated with an apl:
/
Section 804.1.1 Delete the section replace with: Re~ricted occupancies. Natural cut trees shall
be prohibited in Group A, B, , M, R-l, and I occupancies.
Exception: Trees located in areas by an aic automatic sprinkler system installed in
accordance with Section 903.3.1.1 Jrohibited in Groups A, E, M and R-1.
Section 903.4.2 Delete the section and rel Alarms. Approved audible and visual devices
shall be connected to every automatic .~m. Such sprinkler water-flow devices shall be
activated by water flow equivalent to the flow of a e sprinkler of the smallest orifice size installed on
the system. Alarm devices shall be provided on exterior of the building in an approved location.
Where a fire alarm system is installed, actuatior automatic sprinkler system shall actuate the
building fire alarm system.
Section 906.3 Add a sentence to the end of 1 ~ to read as follows: The minimum rating of any
required portable fire extinguisher for Class A, B, or ass C hazard shall be 2-A 10-B C.
Section 3301.1.3 Delete exception 4 insert in thereof: The possession, storage, sale,
handling and use of gold star producing on wires hich contain no magnesium or chlorate or
perchlorate, flitter sparklers in paper that do not one-eighth of an inch in diameter, toy
snakes which contain no mercury or caps cap pistols.
Section 3404.2.9 Add a end to read as round tanks shall meet all
requirements of the Iowa City Zoning Or,,mnanc \
Section 3404.2.11 Add a sentenc~ to the end to read as follo'~s: Underground tanks shall meet all
requirements of the Iowa City Zoning/Ordinance.
Section 3404.3 Delete the sec~,Yon and insert in lieu thereof: Coh,tainer and portable tank storage.
Storage of flammable and comb~tible liquids in closed containers th,at do not exceed 60 gallons in
individual capacity and portable ~nks that do not exceed 300 gallons irkindividual capacity, and limited
transfers incidental thereto, shalJ/comply with this section.
Section V. Title 6, entitlec)'"Public Health," Chapter 6 entitled "Open~Burning," Section 2, entitled
"Exceptions," is hereby amen~Ved by adding a new Subsection C as follows: '~.
Open burning in portabl~, outdoor fire places is permitted. '\
Section Vi. Severabii, jt'y. That if any section, subsection, sentence, or'~lause or phrase of this
ordinance is, for any rea.,~en, held to be unconstitutional, such decision shall not, affect the validity of the
remaining portions of t~i~ ordinance. The City of Iowa City hereby declares that it ~(ould have passed this
ordinance, and each section, clause or phrase thereof, irrespective of the fact th, at any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section VII. That the City Clerk of Iowa City is hereby ordered and directed to cause this ordinance to
be published.
Ordinance No.
Page 3
Section VIII. That this ordinance and the rules, regulations, provisions, requirements, orders and
matters established and adopted hereby shall take full force and effect from and after the date of its final
passage and ad(
Section IX. nalties for violation. The violation of any provision of th ~nce is a municipal
infraction or a sim misdemeanor as provided in Section 109.3.
Passed and a day of ,20
MAYOR
ATTEST:
CiTY CLERK
Approved by
City Attorney's Office
citynt/aU, legallsuel res-flrecode doc
Marian Karr
From: Robin Torner [rtorner@blue.weeg.uiowa.edu]
Sent: Sunday, July 14, 2002 9:05 AM
To: cou ncil@iowa-city.org
Subject: Outdoor fireplaces
Dear City Council Members,
We realize that you are grappling with some major issues, but we would like to
address an issue that is "close to home" - in our backyard: our "chimenea" or
portable fireplace.
Last summer we spent a significant amount of time researching and choosing an
outdoor fireplace. First, we called the City to make sure they were legal.
We
were assured they were. We looked at clay fireplaces, but we were concerned
that they might crack. We settled on a cast iron one which has a protective
grate/door in front, a capped chimney, and an access door to remove ashes.
We realize there are concerns over bothersome smoke. We have found that there
is smoke initially, just like a charcoal grill or indoor fireplace, but as the
fireplace heats up, little, if any, smoke is given off.
Our chimenea has become a focal point of our backyard and has brought us
countless hours of enjoyment with our family and friends. We really hope that
you continue to allow the use of outdoor fireplaces in Iowa City.
Thank you for your consideration of this issue.
Sincerely,
Robin and Jim Torner
707 River St.
Iowa City,
Prepared by: Tim Hennes, Sr. Building Inspector; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTIT~LED "UNIFIED
"., DEVELOPMENT CODE," CHAPTER 5, ENTITLE.D, "BUILDIN,,G AN~ HOUSING," BY
--~ ADDING A NEW ARTICLE L ENTITLED LICENSING T,O ESTABLISH A
'~ CENTRALIZED PROCEDURE FOR EXlSITING LICENSING RE,Q~,,1REMENTS AND TO
~ SH LICENSING REQUIREMENTS FOR THE DESIGN, INSTALLATION AND
OF FIRE SPRINKLERS AND FOR THE INSTALLATION AND
GE OF FIRE ALARMS
the Plumbing Code and the Electrical Code are and revised;
~g procedures for plumbers and el are presently in the respective
Plumbing
WHEREAS it interest to place all the licen: requirements in one centralized location
instead of throu ~e codes;
WHEREAS, the does not presently license who design, install, and maintain fire
sprinkler systems or ns who install and maintain alarms;
WHEREAS, to and in the design, installation aha maintenance
of fire sprinkler systems fire alarm systems, City should adopt a licensing procedure for said
systems;
WHEREAS, the City interest of the City of Iowa City to establish
a centralized licensing the Ph, Code and Electrical Code to establish a licensing
procedure for persons who desi ;prinkler systems and for persons who install
and maintain fire alarms.
NOW, THEREFORE, BE BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 1 "Unified Development Code," Chapter 5 entitled "Building
and Housing," is hereby amended the following in their entirety: 14-5B-6, 14-5C-12, 14-5C-13,
14-5C-14, 14-5C-15, 14-5C-16, 14-5C-19.
"Unified Development Code," Chapter 5 entitled "Building
and Housing," is hereby new Article L entitled "Licensing" as follows:
SECTION:
14-5L-1 License Requ
14-5L-2 Application
14-5L-3 Examinatio
14-5L-4 Licensing
14-5L-5 Reci
14-5L-6
14-5L-7 Licens
14-5L-8
14-5L-9 Rei,, of License After Revocation
14-5L-10 License
14-5L-1 License F uired:
1. Master Plurr person shall plan for, lay out, supervise or perform plumbing work within the City,
with or with~ unless the person holds a master plumber's license issued by the City.
2. Plumber: No person shall work as a journeyman plumber within the City unless the
person h, a journeyman plumber's license issued by the City.
3. Water Service Installer: No person shall work as a sanitary sewer and water
r within the City unless the person holds a sanitary sewer and water service installer's
issued by the City
4. Installer: No person shall work as a gas pipe installer unless the person holds a gas pipe
installer's license issued by the City.
5. Master Electrician: No person shall perform unsupervised electrical work, within Iowa City, with or
without compensation unless the person holds a master electrician's license issued by the City except
as permitted by subsections 14-5C-22B and C of this Article.
] See also Section 5-1-5 of this Code.
Ordinance No.
Page 2
6. Journeyman Electrician: No person shall work as a journeyman electrician within the City unless the
person holds a journeyman electrician's license issued by the City.
7. Fire Alarm: No person shall work as a fire alarm installer or perform maintenance on fire alarm
systems unless the person holds a fire alarm license issued by the City.
8. Fire Sprinkler Installer: No person shall work as a fire sprinkler installer or perform maintenance on
fire sprinkler systems unless the person holds a fire sprinkler installer issued by the City.
9. Fire Sprinkler Maintenance: No person shall perform maintenan( sprinkler system unless
the person holds a fire sprinkler maintenance license or fire s installer license issued by the
City.
10. Unlicensed 40 person shall knowingly employ or nit an unlicensed person to perform
work within Iowa Cit required by this Code performed by a licensed person.
11. Licensed Persons To On-Site: There shall be a licensed person present at all locations
and at all times requiring a license is being p~ At least one licensed person shall
be present for ever 3) laborers. Such licensed must be an employee of the permit
holder.
12. Exceptions:
The provisions of paragraphs 6 above shall not ' to:
a. The personnel of the ingineering Divis of the City or its successor, or persons who
work for a public utility ~y, company, nor to persons performing
electrical work as an integral art of the pi used by such company in rendering its duly
authorized service to the public.
b. A regular employee of any ,lectrical work only as a part of that employment.
c. The service or maintenance ~g equipment, provided that such work or
maintenance shall only include work on electrical equipment that is part of such
equipment. Such work shall include of heating or air-conditioning equipment to a
properly sized and existing individual b ch circuit, that contains no other loads.
14-5L-2 Application for License
Any person required by this Article to license shall make application to the administrative
authority.
14-5L-3 Examination Fee
The examination fee for persons applying se shall be established by resolution of City Council
and shall not be refunded.
14-5L-4 Licensing Standards
The administrative authority shall issue ~t to the following provisions:
1. Master Plumber: A master plumber's license be issued to every person who demonstrates
satisfactory completion of two¢/(2) years' e ~ce as a licensed journeyman plumber and
successfully passes the examiCation approved
2. Journeyman Plumber: A jot~neyman plumber's shall be issued to every person who
demonstrates satisfactory ¢¢bmpletion of three (3) ~rs' full-time experience as an apprentice
plumber with an establishe/~ plumbing company and examination approved
by the Board of Appeals. //
3. Sanitary Sewer And Wa,Cer Service Installer: A sanitary wer and water service installer's license
shall be issued to every/person who successfully passes the examination approved by the Board of
Appeals. ~/ ~
4. Gas Pipe Installer: A/gas pipe installer's license shall be issbed to every person who successfully
passes the examinaf~n approved by the Board of Appeals. ~
5. Master Electrician: A master electrician's license shall be issued, to every person who demonstrates
satisfactory completion of two (2) years of experience as a licffnsed journeyman electrician, and
successfully pass/~s the examination approved by the Board of Appeals.
6. Journeyman EleCtrician: A journeyman electrician's license shall be issued to every person who
demonstrates sCtisfactory completion of three (3) years of experience as an apprentice electrician
with an established electrical company, and successfully passes the~,~examination approved by the
Board of Appe¢ls.
7. Fire alarm: A fire alarm license shall be issued to every person as follows'~.
· From the effective date of the ordinance to December 31, 2002 to every person who
demonstrates satisfactory completion of one of the following criteria:
1. National Institute for Certification in Engineering Technologies (NICET) Level II certification;
2. Examination approved by the Board of Appeals; or
Ordinance No.
Page 3
3. Licensed journeyman electrician supervised by a licensed master electrician.
· From January 1, 2003 to December 31 2004 to every person who demonstrates satisfactory
completion of one of the following criteria:
1. NICET Level II certification; or
2. Pass an examination approved by the Board of Appeals for Fire Alarm Systems.
· Beginning January 1, 2005 to every person who demonstrates satisfactory completion of the
following criteria:
1. NICE'I:_ Level II certification.
8. Fire sprinkler 1~'7~lier: A fire sprinkler installer license shall be issued to every per/son who meets all
the following cri~rie:.
1. Demonstrate~ satisfactory completion of five (5) years full-time experie/,'ice as an apprentice
sprinkler installer with an established sprinkler company.
2. Pass an exam~ation approved by the Board of Appeals.
9. Fire sprinkler maintenance: A fire sprinkler maintenance license shall be~ssued to every person who
meets the following ~riteria:
· From the effec~ve date of the ordinance to December 31/2005 to every person who
demonstrates sati~actory completion of one of the following crit¢ia:
1. National Institut~ for Certification in Engineering TechnoloCes (NICET) Level II certification in
maintenance an~testing of sprinkler systems; or
2. Passes an exam ~pproved by the Board of Appeal~ .~nance and testing of sprinkler
systems
· Beginning January 1, 2~06 to every person who den satisfactory completion of the
NICET Level II certificatioA,,in maintenance and testin ms.
10. Only one license shall be issu~,d to any individual in a~ 'on the basis of a single
examination.
11. The fee for licenses shall be set b~,resolution of the
14-5L-5 Reciprocal Licenses
1. Master Plumber: A master license ~ issued to an applicant who demonstrates at
least two (2) years' experience as a and has successfully passed a master
plumber's examination approved by Board of Appeals. The applicant shall make
application for the license and
2. Journeyman Plumber: A journeyman ~ber's license will be issued to an applicant who
demonstrates at least three (3) ,~nce as either a journeyman or apprentice plumber and
who has successfully passed a journeym examination approved by the Iowa City Board
of Appeals. The applicant shall for the license and pay all fees
3. Sanitary Sewer And Water Service A'sanitary sewer and water service installer's license
may be issued to an applicant who ~ successfully passed the examination approved by the Iowa
City Board of Appeals.
4. Gas Pipe Installer: A gas pipe ' license be issued to an applicant who successfully
passes the examination approve , the Iowa Cit' and pays all fees.
5. Master Electrician: A master el~ license may an applicant who demonstrates at
least two (2) years' experien as a journeyman electrician and has successfully passed a
master electrician's examin~ approved by the Iow :ity Board of Appeals. The applicant shall
make application for the pay all fees.
6. Journeyman Electrician: electrician's will be issued to an applicant who
demonstrates at least th )urneyman or apprentice electrician and
who has successfully a journeyman electrician's 3mination approved by the Iowa City
Board of Appeals. Th~ )licant shall make application for the and pay all fees.
14-5L-6 Reexaminations
Any person who fail the journeyman plumber, master journeyman electrician, master
electrician, fire alarm installer, fire si: ,r gas pipe installer's examination
may apply for at the next regularly scheduled Any person who fails the
sanitary sewer and service installer's examination or the ~omeowners exam must wait a
minimum of thirty (30i calendar days before retesting
14-5L-7 License Renewals
1. Every license which has not previously been revoked shall expire on December 31 of each year.
Renewal fees and reinstatement fees shall be as established by resolution of the City Council. Any
license that has expired may be reinstated within sixty (60) calendar days after the expiration date
Ordinance No.
Page 4
upon payment of an additional reinstatement fee. After the expiration of the sixty (60) calendar day
period, no license shall be renewed except upon reexamination. Notwithstanding the above, upon
application the Board of Appeals may waive the reexamination requirement for licenses which are not
renewed within the sixty (60) day period if the licensee provides evidence that the failure to renew
was due to medical reasons or other circumstances beyond the control of the licensee
2. Code Update Certificate: Prior to receiving any active electrical or plumbing license, each applicant
shall complete an approved eight (8) hour code update class based on the changes in the most
current edition of the code that the license is issued under within. Prior to r(~eiving an active fire
sprinkler licen., each applicant shall complete eight (8) credit hours of coCinuing education of an
approved class in fire sprinkler installation. Update classes shall be/attended within one year
of the codes on by the City. A documentation of completion must ~;~ submitted to the Building
Official to accom application for renewal.
3. At the time each licensee shall identify the company the~icensee is currently employed
by.
/
14-5L-8 Revocation of Li, /
1. The administrative a~ with consent of the Board of Appea~, may revoke any license issued if
the license holder shows npetency or lack of knowledge, if/the license was obtained by fraud or
for continual violation of an ,f this Code.
2. lending, selling, giving, o[~ssigning of any license or the obtaining
of , for revocation.
3. Revocation shall occur only iven the licensee written notice and
an opportunity for an administrative lng before the of Appeals.
14-5L-9 Reissuance of License after
If a license is revoked for any reason, not be issued for at least twelve (12) months
after revocation.
14-5L-10 Inactive License
Any current electrical or plumbing license may assified as inactive upon written request of the
licensee. Once so classified, the license holder is itted to maintain the electrical or plumbing license
as current but will not be permitted to obtain or plumbing permit nor otherwise actively
participate in the electrical or plumbing trade ....,City. The license may be reactivated upon
completion of an eight (8) hour code update cl~ on the~hanges based on the most current edition of
the electrical or plumbing code, and payment/of ; full lice)~se fee for that year. The fee for an inactive
license shall be set by resolution of City Council.
SECTION III. PENALTIES FOR ' ~ The violatioi~of any provision of this ordinance is a
mun~ /
SECTION I~A SEVERABILITY. If ~ sectio provision or pai~of the Ordinance shall be adjudged to
be invalid or unconstitutional, such ad tication., ~11 not affect the v~lidity of the Ordinance as a whole or
any section, provision or part thereof n adjudged invalid or unconstitu~onal.
SECTION IV. EFFECTIVE D,~ This Ordinance shall be in effbkct after its final passage, approval
and~
Passed and approved this ! of ,2002.
ATTEST:
CITY CLERK \
Approved by
City Attorney's Office
Sue\ords&res~Jicensingord.doc
/
Prepared by: Susan Dulek, Asst. City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030/ '
ORDINANCE NO.
,, AN ORDINANCE AMENDING CITY CODE TITLE 14, ENTITLED "UNIFIED DEVELOP~MENT
k~.CODE~" CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE
~M ENTITLED "APPEALS" TO ESTABLISH A UNIFORM PROCEDURE FOR AP,15EALS OF
T~I~BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, AND FIRE CODES?J
WHEREAS, the Building Code, Plumbing Code, Electrical Code, Mechanical~ode, and Fire Code
are being uR, dated and revised; //
WHEREAS, the appeals procedure for said codes are presently containc, d in the respective codes
and said procedures are not uniform;
WHEREAS,'~t is in the public interest to place all the appeals procedu~s in one centralized location
instead of througl~ut the codes and to make said procedures uniform; add
WHEREAS, thb,,City Council believes that it is in the best interest ~fthe City of Iowa City to establish
a centralized and ur~orm procedure for appeals of the Building Co~, Plumbing Code, Electrical Code,
Mechanical CoG ~, and ire Code.
NOW, THEI{EFO[ BE IT ORDAINED BY THE CITY CO,~NCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AME~ i. Title 14, entitled "Unified Development Code," Chapter § entitled "Building
and Housing," is hereb ed by adding new Article M, entitled "Appeals" as follows:
Board of Appeals. previously established shall continue.
The Board of Appeals seven (7) members appointed by the City Council. All Board
members must be eligible of Iowa City but not regular employees of the City. The Board shall
include at least one (1) electrician, one licensed plumber, one HVAC professional, one
representative from the Home Association~ of Iowa City, and one building design professional.
The remaining members shall be ~ g to pass on matters pertaining to
building construction. The building ex officio member and shall act as secretary to the
Board, but shall have no vote on an the Board.
Appeals Procedure
a. Jurisdiction. Any person a decision of the Building Official or the Fire Chief with
regard to the Building Code, Plur Code, Electrical Code, Mechanical Code, or Fire Code
may file an appeal to the Boar within thirty (30) days of said decision. Decision
means any decision, determin notice, finding, or order of the Building Official or
the Fire Chief.
b. Application. In order appeal, ~ne\person must complete a form provided by the City
Department of Housing Inspection Ser~ces and pay a filing fee. In said application, the
person filing the appeal state all code I~ovisions applicable to the appeal, attach relevant
supporting document ti,~ , and explain the basis, for the appeal.
c. Authority. The Board ~f ppeals may by majori~vote reverse a decision by the Building Official
or the Fire Chief b~ :1 on the Building Code, Plul~bing Code, Electrical Code, Mechanical Code,
or Fire Code only if inds that:
(1) There are pr. ~1 difficulties involved in carryi~ out the provisions of this code. Practical
difficulties n that: (a) the strict letter of this c~de is impractical; (b) the modification is in
with the intent and purpose of this F~ode; and (c) such modification does not
lessen uirements or any degree of structural integrity; or
(2) Any m, alternate design or method of construction not specifically prescribed by this
appropriate. Any material, alternate design or method of construction is appropriate
if: design is satisfactory and complies with the provision of this code; and (b)
the material, method or work offered is, for the purpose intended, at least the equivalent of
that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability,
safety and sanitation; or
(3) If the building official has incorrectly interpreted a provision of the code; or
(4) if the provisions of the code do not fully apply.
d. Hearing. The person shall be advised in writing of the time and place at least three (3) calendar
days prior to the hearing. At the hearing, the person shall have an opportunity to be heard.
e. Fees. Fees for filing an appeal shall be set by resolution of the City Council.
SECTION II. 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 III. )ATE. This Ordinance shall be in ef'Ce'~t after its final passage, approval and
publication, /, 2002.
Passed and s day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office /
/
sue~ord&res~BdAppOrd.dec
Distributed by Mayor Lehman.
' Dr. Weinberger is Professor of Pediatrics and
!Director of the Pediatric Allergy & Pulmonary
: Division. He is trained and Board Certified in
both Allergy & Clinical Immunology and
Pediatric Pulmonology.
He is a graduate of the University of
Pittsburgh. He received pediatric training at
the University of California in San Francisco.
Two years were spent at the Perinatal
Research Branch o£the National Institutes of
Neurological Disease and Stroke at the
National Institutes of Health during which
time he also served as a Clinical Assistant
Professor of Pediatrics at Georgetown
University. He then completed Fellowship in
Pediatric Allergy and Pulmonary Disease at the National Jewish Hospital and
University of Colorado.
He then spent two years in private practice in Matin County, California, during
which time he maintained a teaching clinic at tl~e Santa Rosa Family Practice
Training Program. He then returned to the University of Colorado for a fellowship
in Clinical Pharmacology while also serving as a Clinical Assistant Professor of
Pediatrics and directing the outpatient clinical service for the National Jewish
Hospital at the University of Colorado Medical Center.
Dr. Weinberger joined the faculty of the Pediatric Department at the University of
Iowa in 1975 as Director (and initial member) of the Pediatric Allergy &
Pulmonary Division. Since then, he has seen the Division grow to 4 faculty
members. More than 250 pediatric residents have rotated through the clinical
service of the division and 25 sub~p~cialty trainees have graduated from the
program with board eligibility in Allergy and/or Pediatric Pulmonology.
Dr. Weinberger has authored over ! 40 manuscript publications, 30 book chapters
and monographs, and a book entitled Managing Asthma. He has been an invited
speaker more than 300 times throughout the United States and in 19 foreign
countries. Educational activities have included multiple grand rounds, case-based
presentations, and interactive learning sessions with physicians in training at all
levels.
Doctor sees danger~'
leaf burning "' -
~ .~a~) ~nd pulmon~
-- ~ sity Hospita~;
We~berger s~d
~es produced by b~g
.We h~ one ~-~er
~on who ~o~ ~ed. ~e w~.f
~ ~9~, ~e Iowa Dep~en~f
b~ on le~-b~g ~ Oe~ ~pi~
' Des Mo~es ~d Co.cfi Blu~, IO~
den~ ~ b~ leav~
of Jo~on ~d ~ co~
"~ you ~ out
~. It ~ no r~4 ~" ~'~