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Home My WebLink About1978-02-14 OrdinanceryiLUi iL•1LU 8Y JORM MICRULAB LLUAR RAPiub AIIU ORDINANCE NO. 78-2877 AN AMENDMENT MODIFYING CERTAIN REQUIREMENTS OF CHAPTER 8.10 OF THE CODE OF ORDINANCES OF IOWA CITY, IOWA, (ORDINANCE NO. 77-2868) RELATING TO CONSTRUCTION LIMITATIONS WITHIN A DESIGNATED AREA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this amendment is to ma a certain modifications to the six-month construction limitations established by Ordinance No. 77-2868. SECTION 2. AMENDMENT. Section 8.10.4(D) of the o e of Or finances o Iowa City, Iowa (Ordinance No. 77-2868) which reads: D. In order to provide sufficient time to complete the Comprehensive Plan and enact a new zoning ordinance, construction in the area hereinafter described shall be limited to the erection of single family dwellings or the con- version of single family dwellings to duplexes, and the repair but not expansion of existing structures is now amended to read as follows: D. In order to provide sufficient time to complete the Comprehensive Plan and enact a new zoning ordinance, construction in the area hereinafter described shall be limited to the following: 1) the erection and enlargement of single family dwellings, and accessory buildings thereto; 2) the conversion of single family dwell- ings to duplexes, and the conversion of a com- mercial use to another permitted commercial use; 3) the repair and remodelling, but not en- largement, of existing structures, so long as the existing use is not changed, except as provided in (D) (2) above. However, a duplex or multiple family building may not be re- modelled to create additional dwelling units. SECTION 3. CERTIFICATION TO COUNTY RECORDER. The City Clerk is hereby authorize a_nT_d1_r_ec_t_ecT to certify a copy of this amendment to the Recorder of Johnson County, Iowa, upon final passage, approval, and publication as provided by law. Rcc�lvod A A-p.oval By Th= L_gal Dzpartmcnl 310 +i I h11CROrl Lblr.R BY DORM MOCROLA13 rrpn0 nnv:o. . "r� s101'1rt MiLIWI IL-0LJ BY DORM 1-11CROLAB Ord. No �9-2877 -2- LLUAR kAPIJS AND LjL��.��, SECTION 4, SEVERABILITY. If any section, provision or part of t e ord nance 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 5. EFFECTIVE DATE. This Ordinance shall be to a feet after its find Ipassage, approval and publication as required by law. Passed and approved this 14th day of February, 1978. ROBERI A. VEVE A, MAYOR ATTEST: BIE SLFUS, ITY CLERK It was moved by Neuhauser and seconded by deProsse t at t e Ordinance be a opte , an upon ro ca there were: AYES: NAYS: ABSENT: X Balmer T- deProsse x Erdahl x Neuhauser Perret x Roberts x —_ Vevera Ist consideration Moved by Balmer, seconded by deProsse, that the be and Vote for passage: rule requiring ordinances to on for passage at two considered Council meetings prior voted to the meeting at which it is to be finally passed 2nd consideration be suspended, the first and second consideration Vote for passage: and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer. I•IICROFILMEn BY JORM MICR+LAEI MINI PAPIn' , prt MOIHr." I Miu<UF!LML.0 BY JUR14 MICRULAb LLUAR kA'' iu� AIIU JL LJ ORDINANCE N0. AN AMgDMU NDDIFYING CERTAIN REQUIREMUS OF CHAPTER 8.10 OF THE CODE OF ORDINANCES OF IO6v CITY, IOWA, (ORDINANCE NO. 77-2868) RELATING TO CONSTRUCTION LIMLTATIONS WITHIN A DESIGNATED AREA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOM CITY, IOWA. SECTION 1, PURPOSE. The purpose of this arrendrrent is to make certain modifications to the six-month construe tion ]imitations established by Ordinance No. 77-2868. SECTION 2. AWNDMENT• Section 8.10.4(D) of the Code of Ordinances of Iowa City, Iowa, (Ordinance No. 77-2868) which reads: D. In'order to provide sufficient time to conplete the Comprehensive Plan and enact a new zoning ordinance, construction in the area here- inafter described shall be limited to the erec- tion of single family dwellings/or the conversion of single family dwellings to duplexes, and the repair but not expansion of sting structures is now amended to read as follows: D. In order to provide sufficient tine to com- plete the Comprehensive/Plan and enact a new zoning ordinance, construction in the area hereinafter described shall be limited to the following' Fi In 'j" `„•.l 1) the erection; and e�xp`ansion o single family dwellingsXj ANA5 �hEA"�/U 2) the conversion of single family dwellings to duplexes, and the conversion of a cam-ercial use to another permitted corwercialx % use; 3) the repair and remodelling, but not expansion, Of existing structures, so long as the existing use is not changed, except as provided in (D) (2) above. However, a duplex or multiple family building may not be remodelled to create additional dwelling units. SECTION NTY 3. CERTIFICATION TO COURECORDER, The City Clerk is hereby authorized and directed to certify a copy of this amendment to the Recorder of 4ohnson County, Iowa, upon final passage, appro- val:, and publication as provided by law. ^I M10011 L141 By JORM MICROLAB rFoAn 310 hIIL,rU ILMLU BY JURM 141CRULAB CLUAR kAVIU�) AW uL, -2- kCTION 4. SEVERABILITY. If any section, provi- si or part oOdnance shall be adjudged to be iKivalid 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 S. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication'as required by law. Passed and approved this day of 1978. \\ .-ROBERT A. VEVERA, MAYOR ATTEST It was moved by and seconded by nance be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: Balmer — deProsse Erdahl Neuhauser Perret Roberts Vevera 1st consideration Vote for passage: 2nd consideration Vote for passage: Date of Publication liY Ti''E LEW'r' 5• MICRO[ ILMED BY I JORM MICR#LAB fEM9 PAPIP° • Of'C Ff01!16 I MltAO1 11-ML0 BY DORM 141CRULAB LLUAR RAP1U3 AND L)L'� NC E OF PUBLIC HEARING ON ORDINANC^ MENDING ORDINANCE NO. 77-2874 Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 P.M. on the 14th day of February , 1978, in the Council Chambers in the Civic Center, Iowa City, Iowa. At which hearing the Council will consider arguments for and against the proposed adoption of amendments to the Ordinance No. 77-2874, which adopted the Uniform Plumbing Code with certain amendments, of the Municipal Code of Iowa City. IA. Copies of the proposed Ordinance amendments are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. This notice is given pursuant to Section 414 of the Code of Iowa, 1977. Dated at Iowa City, Iowa, this 4th day of February, 1978• --- ABBIE STOLFUS, CITY CLERK. Y, I I.11CImfILIdf.D RV JORM MICR�LAB rrDAR pAt'll", SIS Mn1116 pt, 6 ply MiGjWrILMLD BY JORM MICROLAB ORDINANCE NO. CEDAR RAV LDS AND iiu ;U. IL. , AN ORDINANCE TO REQUIRE GAS, ELECTRIC, AND COMMUNICATION FRANCHISE HOLDERS TO MOVE CERTAIN OF THEIR FACILITIES WITHIN THE CITY OF IOWA CITY, IOWA, AND TO INSTALL THEM UNDERGROUND; TO REQUIRE UTILITY CUSTOMERS IN CERTAIN AREAS TO REMOVE ABOVE- GROUND UTILITY INSTALLATIONS AND INSTALL THEM UNDERGROUND; AND PROVIDING PROCEDURES AND STANDARDS FOR EXEMPTIONS FROM THE REQUIREMENTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The City Council finds that the public interest requires that all facilities and wires used in supplying gas, electrical, and communication services in the Iowa City central business district shall be placed underground, except as otherwise provided in this ordinance. SECTION II. DEFINITIONS. The followingA :'definitions shall apply to this ordinance. A. Utilit or Utilities shall mean'and include, but not be limited to, any gas, electrical or communications services and all persons providing the same. B. District shall mean and include the are\ in Iowa City, Iowa, specifically described in Section III. /— SECTION III. DISTRICT. The term "District" shall mean certain territory located in Iowa City,/Iowa, and described as follows:' The area limited on the North by the centerline of Washington Street, on the East by the center line of Linn Street, and on the South by the center line of Court Street, and on the West by the cerfter line of Madison Street. \ 1 331 ' ~} SICROFILIAEO BY JORM MICR+LAB rrnGR PmN ii' • PFS 'd014(t ,a biiu(UFILMtL) BY JONM MiCROLA6 SECTION IV. NOTICE. LLUAt< kAPIJ� AIV JL A. Notice to the Iowa -Illinois Gas and Electric Company: Pursuant to Ordinance No. 2169, Section 5, and Ordinance No. 2170, Sec ion 4, ordinances of the City of Iowa City, Iowa, you are hereby otified that the City of Iowa City requires that you relocate all your gas and electrical installations within the district, except /as otherwise exempted, to appropriate underground locations, all to take./place in conjunction with urban renewal construction. All utility/installations shall be expeditiously relocated underground upon notice from the City, and shall be completely installed by the time that//urban renewal construction in the district has been substantially completed. All utility installations within the district shall be instal/led only upon the written approval of the City Engineer. B. Notice to the American Telephone and Telegraph Company (Northwestern Bell Telephone Company): Pursuant to Ordinance No. 502, Section 3, last codified as Chapter 1J, Section 3, 1951 Code of Ordinances of Iowa City, Iowa, you'are hereby notified that the City of Iowa City requires that you relocate all your communications installations within the district, except as otherwise exempted, to appropriate underground locations, all to take place in conjunction with urban renewal construction. All utility installations shall be expeditiously relocated underground upon notice from the City, and shall be completely installed by the time that urban renewal construction in the district has been substantially completed All utility installations within the district shall be installed only upon the written approval of the City Engineer. MICROFILMED BY JORM MICR46LAB I'f ilnn UAnIn. 9I<. VIOMFf 11 rglutiUF ILMLD BY JURM 141CROLAB LLOArf RAH JS AND uL C. Notice to Utility Customers within the District: The utility shall notify both the customer and the City in writing once the underground service is available. Within six (6) months from the date of notification, all utility ustomers within the district shall remove their above -ground utility installations and replace them with under -ground installations;/less granted an exemption pursuant to section V of this ordinance. 2. All such above -ground installations not so removed within i six (6) months from the date the utility has given the notice specified in section IVC \1, / ( )( ) above may be removed in accordance with terms of the Iowa City Administrative Code, or other applicable law. The costs of such removal may be assessed against the owner of the property. \ 3. Six (6) months after the date the utility has given the notice specified in Section MOM of this ordinance, no utility shall be required to give utility service to its customers within the district if they have not converted th it above -ground utility installations to underground installations, r obtained an exemption. SECTION V. EXEMPTIONS. The provisions of this rdinance shall not apply to the following installations: A. Poles used exclusively for police and fire alarm boxes, traffic control facilities, and any similar municipal equipment, except that connecting wiring shall be underground. 1` � Id IC20f IL14f.D BY JORM MICR+LAB rrpArl PANG, • qrs MDMF'; I.1fLiWl iLML.O BY JORM 141CRULAB LEDAR kAViu� AND uL� i�, B. Poles used exclusively for street lighting, except that connecting e• wiring shall be underground. C. Service terminals installed above ground used to distribute communication, gas or electric service in underground systems. D. Any installation may be exempted from the requirements of this ordinance in writing by the City Engineer. The City�Engineer shall serve any denial of a requested exemption upon the party requesting the exemption by certified mail, return receipt requested. Any party denied an exemption may appeal the denial by filing a written statement of appeal, which statement shall"-contain/the reasons for the appeal, with the City Clerk within ten days from -the receipt of the denial. Any person filing a timely appeal shal'9 be granted a hearing before the City Council. At the hearing, the Council shall fonsider the following factors in deciding the appeal: \ (1) techn,_ical necessity; (2) whether the cost of undergroundinspecific component of a system is unreasonably large in compariso to the cost of undergrounding the system as a whole; and (3) whether the cost of undergrounding all or'part of a utility customer's connecting wiring or other equipment is unreasonably 141CNnf ILnED BY JORM MICR+LAB rrn11R u,lr�ngirC 'tn RdCS MiLIWi ILi-iLU BY JORM MICRULAB LLUAk RAPM AND ui large when compared to the public benefit that would result from undergrounding the said connecting wiring or other equipment, due to ; (a) the distance from the public right-of-way or other place where the utility's service is located to the utility customer's property, or (2) the unique physical characteristics of the utility customer's property, or of other properties between the utility's service and the utility customer's property. (4) any other relevant factor. i' In making this decision, the Council shall keep in mind the general policy in favor of undergrounding all utilitiesA n the district. 1 SECTION VI. The City Clerk, is directed to mail a copy of this ordinance to each Iowa City franchise holder by certified mail, return receipt requested. `r SECTION VII. REPEALER. All, ordinancesor parts of ordinancesin conflict with the provisions of this ordinance are repealed, except that nothing in this ordinance shall be deemed to repeal any part of any Iowa City franchise ordinance affecting gas, 7trical or communications installations and facilities. SECTION VIII. SAVINGS CLAUSE. If any se of this ordinance shall be adjudged invalid or adjudication shall not affect the validity of or any section, provision, or part thereof not unconstitutional. MICROI ILMCO BY JORM MICR6LAB CfPAP RAI•!n'. . 91S MOINCS , provision or part itutional, such inance as a whole invalid or MILF(W ILMLU BY JORM MICROLAB CEUAr4 RAPIui AND SECTION IX. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by and seconded by that the Ordinance be finally adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Foster Neuhauser Perret Selzer Vevera ATTEST: MAYOR City Clerk First Consideration Vote for passage: Second Consideration Vote for passage: Date of Publication: RECEIVED & APPROVED BY TBE LEGAL DPi' AI' 'RENT. fZ tS Z 8�g S 7 141CIIOrIL14ED BY r JORM MICR+LAS rTDAP PAPIn' . nrt 14mrlrs t•i,l.KUI iL?1w BY JURM 141CRULAb L.LUAi< i<Ar LJi AiIJ ..L •• City of Iowa Cif MEMORANDUM DATE: February 9, 1978 TO: Members of the City Council n FROM: Paul Claves, Redevelopment Program Coordinator r RE: Utility Installations within the Central Business District 1. Since 1969, plans for the development of the Urban Renewal area have called for replacement of utilities underground. The City staff and representatives of the utility companies have held considerable discussions regarding the placement of utilities underground. Members of the staff and representatives of the utility companies met with the City Council at the informal session on December 12, 1977, to discuss the draft Underground Utility Ordinance and other issues involved with the placement of utilities underground. At that time the major issues were resolved. Members of the City staff have had additional discussions with representatives of the utility companies. The problems with the draft ordinance identified on December 12 have been corrected. The time period allowed for utility customers to change their service from above ground to underground entrance has been extended to six months. The language in Section 5 relating to exemptions has been clarified to spell out specifically the types of facilities which may be exempted from the provisions of the ordinance. Specific standards for granting exemptions are now included in the ordinance. 3. At the informal session of December 12, it was decided that the "switch gea::', installations would be placed in, or near, the parking ramp to be located on Blocks 83-84 and would not be located within City Plaza or at the site to be occupied by the new library. The necessity to locate transformers at locations throughout the Central Business District was discussed. The staff has continued to work with Iowa -Illinois to identify specific locations for transformers. As was discussed at the meeting of December 12, there is a considerable likelihood that two transformers may need to be located within the confines of City Plaza. The staff, working with Jack Leaman from Associated Engineers, and representatives of Iowa -Illinois have located two potential transformer sites within City Plaza. Each transformer site occupies an area approximately 6 feet by 6 feet, and requires a concrete base. Each transformer would be approximately 6 feet square and would be approximately 4 and one half feet high. In previous discussions, it was agreed that we would attempt to locate these transformers in conjunction with potential lease space within the Plaza, so that the transformer would be located adjacent to a leased structure when the structure was built. In recent discussions with representatives from Iowa -Illinois it has become apparent that it may be necessary to locate transformers within City Plaza prior to the point in time that the City has leased space or that any structures have been built. The possibility that it may be necessary to install a transformer, or the concrete base for a transformer, prior to the leasing and construction of a structure has caused the staff, Jack Leaman, and representatives from Iowa -Illinois to seek locations which would minimize the obtrusiveness of the transformer with or without a leased structure. We have identified two locations, where transformers could be located in planters, surrounded on three sides by plantings intended to partially screen the transformers from view. 33 141001ILM10 By JORM MICR6LAB rr�ldr nsr�n . cif �a0'Yf `; f-1 a iWI i LAA L) by JURM 141GkULAb Members of the City Council February 9, 1978 Page 2 LLUAi< kA'r1Uj ANL) uL It is very desirable to insure that it will be possible to provide electric service to any structures which might be constructed on leased spaces in the future without the necessity of digging in the Plaza to install the service. Therefore, the staff recommends that steps be taken to insure that conduit is installed below the surface of City Plaza during the construction phase so that electrical service can be provided to the leased structures' potential locations. Under normal circumstances, a customer would be charged for the cost of providing the electric service to the location. However, because no specific customers have been identified, and because there is a possibility that one or more of the spaces may never be leased, the normal procedures will not work. The utility company might be able to recover some of the costs by charging the eventual customer who might require service at a leased location. However, they would prefer to charge the City for providing the conduit at this time. The staff recommends that the City Council enter into an agreement with Iowa -Illinois providing that the utility company will be allowed to locate the transformer mounting pads and transformers on the surface of City Plaza and further providing that the utility company will stub conduit to provide electrical service to four designated locations at no cost to the City. The ordinance requiring the installation of underground utilities has been placed on the agenda for the meeting of February 14, 1978. In order for Iowa -Illinois to proceed with the planning, bidding, and construction of the immediate elements of their underground system, they need to know at the earliest possible date whether or not the City will allow the installation of transformers, as discussed above, within the limits of City Plaza. PG/ssw 7 MIGIOf MED By JORM MICR6LA6 rrPAP PAT I' • 'qc r.�0"ICS