HomeMy WebLinkAbout2007-10-02 Ordinance
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDIANCE REZONING APPROXIMATELY 2,035 SQUARE FEET OF PROPERTY
LOCATED AT 301 S. DUBUQUE STREET FROM CENTRAL BUSINESS SUPPORT (CB-5)
ZONE TO CENTRAL BUSINESS (CB-10) ZONE, AND REZONING AN ADDITIONAL 9,890
SQUARE FEET OF ADJACENT PROPERTY FROM NEIGHBORHOOD PUBLIC/CENTRAL
BUSINESS SUPPORT (P1/CB-5) ZONE TO CENTRAL BUSINESS DISTRICT (CB-10) ZONE
(REZ07-00008).
WHEREAS, the applicant, Three Bulls LLC, has requested a rezoning of property located at 301 South
Dubuque Street to be rezoned from Central Business Support (CB-5) zone to Central Business (CB-10)
zone; and
WHEREAS, with the appropriate conditions regarding mix of uses, residential dwelling density and type,
the payment of parking facility impact fees, building setback, bulk and design, and landscaping
requirements, the requested CB-10 zone is appropriate in this location to allow the logical extension of the
downtown; and
WHEREAS, the Planning and Zoning Commission has recommended the rezoning subject to Level II
Design Review in order to ensure compatibility with the standards of the zone and the goals of the Near
Southside Plan; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs caused by the rezoning request; and
WHEREAS, the applicant and owners acknowledge that certain conditions and restrictions are
reasonable to ensure that development of this property within the CB-10 zone complies with the
Comprehensive Plan's vision for the Near Southside Neighborhood, and is compatible with the downtown,
pays the parking impact fee that would have been required in the CB-5 zone, provides a setback from
Burlington Street and a mix of uses and housing types.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the property described below is hereby reclassified from its current
zoning designation of CB-5 to CB-10:
LEGAL DESCRIPTION
The north 37 feet of the East 55 feet of Lot 1, Block 102, Original Town of Iowa City, Iowa.
Awaiting legal description of public property to be purchased by the applicant and included in this rezoning.
The entire property to be rezoned is approximately 9,000 square feet and includes the Mod Pod property
(legal description provided above) and all the remaining undeveloped public property between the Court
Street Transportation Center and the Burlington Street right of way to the north.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement attached hereto and incorporated herein.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
Ordinance No.
Page 2
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
DRAFT
Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REl07-
00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Three Bulls, LLC, (hereinafter "Owner");
WHEREAS, Owner is the legal title holder of approximately .21 acres of property located at 301
South Dubuque Street; and
WHEREAS, the Owner has requested the rezoning of said property from Central Business
Support (CB-5) zone to Central Business (CB-10) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding mix of uses, residential dwelling density and type, the payment of parking
facility impact fees, building setback, bulk and design, and landscaping requirements, the
requested CB-10 zone is appropriate in this location to allow the logical extension of the
downtown; and
WHEREAS, Iowa Code 9414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan and the
Near Southside Neighborhood; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Owner is the legal title holder of the property legally described as follows:
insert legal description
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code 9414.5
(2005) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
ppdadmlagUrez07-00008 301 dubuque cza.doc
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a. The building to be constructed on this property will be a mixed-use commercial and
residential development with a minimum of one floor of commercial development
above the ground floor.
b. The property shall contain a mix of studio or 1 bedroom units, 2 and 3-bedroom units,
and there shall be no dwelling units with more than 3 bedrooms.
c. No more than 30% of the dwelling units shall contain 3 bedrooms.
d. The building shall be a minimum height of 7 stories.
e. A parking requirement will be calculated for all dwelling units within the development
based on the parking requirements of the CB-5 zone, pursuant to Title 14, Chapter 5,
Article A, of the Iowa City Code, entitled "Off Street Parking and Loading Standards."
Prior to issuance of an occupancy permit for the building or buildings to be
constructed on the property, payment of parking facility impact fees will be made to
the City for dwelling units for which on-site parking is not provided. The amount of the
fee for each required parking space not provided on-site shall be computed in the
manner set forth in sections 14-7B-7(C) and 14-7B-7(F) of the City Code. Payment,
deposit, use and refunds of fees shall be governed by sections 14-7B-8, 14-7B-9 and
14-7B-10 of the City Code.
f. The building shall be set back a minimum of 10 feet from the Burlington Street right-
of-way as specified in 14-2C-8D. In addition, this 10-foot setback applies to the upper
floors of the building as well as the ground floor. Certain building features, including
projecting bays, may extend into the required setbacks as specified in 14-2C-4B-4,
except for as follows: balconies are not allowed on the Burlington Street fac;ade and
projecting bays are not allowed below the fourth floor of the building.
g. The applicant shall grant a public access easement across the entire 10-foot
walkway/setback along Burlington Street to assure maintenance.
h. The applicant shall provide landscaping and streetscape improvements, including
textured paving materials, plantings, and street furniture as approved by the City. This
includes construction and installation of the streetside landscaping within the
Burlington Street right-of-way.
i. Substantial compliance with the preliminary plan submitted on July 19, 2007, by the
applicant showing the placement of the building on the site.
J. Levell! Design Review is required- the site and building will be reviewed for
compliance with the Design Review Guidelines as specified in 14-3C-3C and
the CB-10 Site Development Standards as specified in 14-2C-8. Special
attention will be given to design elements that encourage pedestrian activity at
the street level and that break up the mass of the building and differentiate it
from the adjacent building proposed for the Hieronymus development.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~414.5 (2005), and that said
conditions satisfy public needs that are caused by the requested zoning change.
ppdadm/agVrez07 -00008 301 dubuque cza. doc
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5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this
day of
,20
CITY OF IOWA CITY
Ross Wilburn, Mayor
By:
Attest:
Marian K. Karr, City Clerk
By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 2007, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
ppdadm/agtlrez07-00008 301 dubuque cza.doc
3
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ day of , A.D. 2007, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared , to me
personally known, who being by me duly sworn, did say that the person is
(title) of
, and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
My commission expires:
ppdadm/agUrez07 -00008301 dubuque cza.doc
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Prepared by: Sunil Terdalkar, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 45.04 ACRES OF PROPERTY
LOCATED EAST OF CAMP CARDINAL BOULEVARD AND SOUTH OF KENNEDY PARKWAY FROM
INTERIM DEVELOPMENT OFFICE RESEARCH PARK (ID-ORP) ZONE TO MEDIUM DENSITY SINGLE-
FAMILY RESIDENTIAL (RS-8) ZONE WITH A PLANNED DEVELOPMENT OVERLAY (OPD-8) ZONE
FOR APPROXIMATELY 33.69 ACRES, INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (10-
RS) ZONE FOR APPROXIMATELY 9.32 ACRES, AND INTERIM DEVELOPMENT OFFICE
COMMERCIAL (ID-C01) ZONE FOR APPROXIMATELY 2.03 ACRES. (REZ07 -00011)
WHEREAS, the applicant, Southgate Development Services, LLC, has requested a rezoning of property
located east of Camp Cardinal Boulevard and south of Kennedy Parkway from Interim Development Office
Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8) zone with a Planned
Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development Single-Family
Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office Commercial (ID-
C01) zone for approximately 2.03 acres; and
WHEREAS, the Comprehensive Plan indicates that the land is suitable for office and research park type
uses, but recognizing the development of Oakdale Campus north of Interstate 80, and the existence of
environmentally sensitive areas, the plan also indicates that low to medium density clustered residential
development may be appropriate for the area; and
WHEREAS, the City adopted' a vision plan-Glear Creek Master Plan-in 2002, which considered the
possible street layouts and mix of uses and densities, while minimizing the impact on the environmentally
sensitive areas; and
WHEREAS, the applicant has submitted a preliminary sensitive areas development plan showing a
clustered residential subdivision of 73 townhouse-style multi-family dwellings, 17 attached single-family zero-
lot line dwellings and 18 single-family dwellings, and outlots for public open space and preservation of
environmentally sensitive areas as private open space; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan and the Clear Creek Master Plan provided that it
meets conditions addressing the timely installation of infrastructure improvements and construction of
Kennedy Parkway; and
WHEREAS, Iowa Code 9414.5 (2007) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and the applicant acknowledge that certain conditions and restrictions are
reasonable to ensure orderly development, adequate neighborhood connectivity, and to achieve the
Comprehensive Plan goals; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
Ordinance No.
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Interim
Development Office Research Park (ID-ORP) zone to Medium Density Single-Family Residential (RS-8)
with a Planned Development Overlay (OPD-8) zone for approximately 33.69 acres, Interim Development
Single-Family Residential (ID-RS) zone for approximately 9.32 acres, and Interim Development Office
Commercial (ID-C01) zone for approximately 2.03 acres:
ID-ORP to OPD-8
COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N8902S'22"E,
ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF
1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL
BOULEVARD; THENCE NORTHWESTERLY, SO.O FEET, ALONG SAID EAST RIGHT-OF-WAY LINE,
AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE SO.O FOOT
CHORD BEARS NOoo07'16"W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0
FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE
N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY,
31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'S2"E; THENCE
NS9020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG
SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET; THENCE SS9020'S2"W, ALONG SAID EAST RIGHT-OF-
WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY
LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3
FOOT CHORD BEARS N7so39'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY
LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY
LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1
FOOT CHORD BEARS N14043'SO"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY
LINE, 364.9 FEET; THENCE S89039'S1"E, 294.4 FEET; THENCE NOoo20'09"E, 64.7 FEET; THENCE
NORTHWESTERLY, 163.S FEET, ALONG AN ARC OF A 7S0.0 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS NOsoS4'30"W; THENCE N12009'09"W,
111.7 FEET; THENCE NORTHEASTERLY, 87.1 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 87.0 FOOT CHORD BEARS N7so21'12"E; THENCE
NORTHEASTERLY, S1.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE S1.0 FOOT CHORD BEARS N74019'08"E; THENCE S14013'17"E, 16S.3
FEET; THENCE N80oS0'07"E, 131.S FEET; THENCE S23044'18"E, 37.2 FEET; THENCE S8203S'11"E,
173.9 FEET; THENCE S2r22'19"E, 813.8 FEET; THENCE S440S2'16"E, 219.0 FEET; THENCE
SOoo36'32"W, 401.7 FEET; THENCE SS90S7'49"W, 6S4.1 FEET; THENCE S8902S'22"W, 300.3 FEET,
TO SAID POINT OF BEGINNING, CONTAINING 33.69 ACRES, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
ID-ORP to ID-RS
COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E,
ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF
1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL
BOULEVARD; THENCE NORTHWESTERLY, SO.O FEET, ALONG SAID EAST RIGHT-OF-WAY LINE,
AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE SO.O FOOT
CHORD BEARS NOoo07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT-
OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08''W, ALONG SAID EAST
RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST
RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE
S:\PCDlStaff Reports\ORDlORD REZO? -00011 CardinalPointSouth.doc
Ordinance No.
Page 3
SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG
SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-
WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET;
THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC
OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD
BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET;
THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC
OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD
BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 420.6 FEET;
THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC
OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT CHORD
BEARS NOoo49'29"W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY
LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4
FOOT CHORD BEARS N42001'38"E; THENCE N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY
LINE, 20.0 FEET; THENCE N03006'18"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 33.0 FEET;
THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A
1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS
N79052'37"E; THENCE NORTHEASTERLY, 51.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 51.0 FOOT CHORD BEARS N74019'08"E, TO THE
POINT OF BEGINNING; THENCE SOUTHEASTERLY, 582.9 FEET, ALONG AN ARC OF A 1000.0
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 574.7 FOOT CHORD BEARS
S87031'24"E; THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79056'28"E; THENCE
SOoo36'32"W, 30.0 FEET; THENCE S89023'28"E, 5.0 FEET; THENCE SOUTHEASTERLY, 31.4 FEET,
ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 28.3
FOOT CHORD BEARS S44023'28"E; THENCE SOoo36'32"W, 111.0 FEET; THENCE S89023'28"E, 50.0
FEET; THENCE SOoo36'32"W, 842.3 FEET; THENCE N44052'16"W, 219.0 FEET; THENCE
N27022'19"W, 812.8 FEET; THENCE N82035'11"W, 173.9 FEET; THENCE N23044'18"W, 37.2 FEET;
THENCE S80050'07''W, 131.5 FEET; THENCE N14013'17"W, 165.3 FEET, TO SAID POINT OF
BEGINNING, CONTAINING 9.32 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
ID-ORP to ID-C01
COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89025'22"E,
ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF
1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL
BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE,
AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT
CHORD BEARS NOoo07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT-
OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
WHOSE 376.0 FOOT CHORD BEARS N16019'46"W; THENCE N30039'08''W, ALONG SAID EAST
RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST
RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14020'52"E; THENCE N59020'52"E, ALONG
SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-
WAY LINE, 60.0 FEET; THENCE S59020'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET;
THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC
OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD
BEARS N75039'08"W; THENCE N30039'08''W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET;
THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC
OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD
BEARS N14043'50"W; THENCE N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 364.8 FEET,
TO THE POINT OF BEGINNING; THENCE CONTINUING, N01011'28"E, ALONG SAID EAST RIGHT-
OF-WAY LINE, 55.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-
WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
WHOSE 179.4 FOOT CHORD BEARS NOoo49'29"W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG
SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE
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Ordinance No.
Page 4
SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001 '38"E; THENCE N86053'42"E, ALONG
SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18"W, ALONG SAID EAST RIGHT-OF-
WAY LINE, 33.0 FEET; THENCE N86053'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 157.9 FEET,
ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7
FOOT CHORD BEARS N82022'17"E; THENCE S12009'09"E, 111.7 FEET; THENCE SOUTHEASTERLY,
163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
WHOSE 163.2 FOOT CHORD BEARS S05054'30"E; THENCE SOoo20'09"W, 64.7 FEET; THENCE
N89039'51"W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 ACRES, AND
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. 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 VII. 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
.~
_~~A- 4~uaLJ
City Attorney's Office 1/;2/:;7
S:IPCDlStaff ReportslORDlORD REZ07 -00011 CardinalPointSouth.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9/18/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef ,Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration 10/2/2007
Vote'for~passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Date published
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5243 (REZ07-00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and The Crossing Development LC (hereinafter "Owner") and Southgate
Development Services, LLC (hereinafter "Applicant");
WHEREAS, Owner is the legal title holder of approximately 45.04 acres of property located east
of Camp Cardinal Boulevard and south of Kennedy Parkway and as legally described below;
and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single-
Family Residential (RS-8) zone with a Planned Development Overlay (OPD-8) zone for
approximately 33.69 acres, Interim Development Single-Family Residential (ID-RS) zone for
approximately 9.32 acres, and Interim Development Office Commercial (ID-C01) zone for
approximately 2.03 acres; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions addressing the timely installation of infrastructure improvements and construction of
Kennedy Parkway, the proposed rezoning complies with the Comprehensive Plan and the Clear
Creek Master Plan; and
WHEREAS, Iowa Code ~414.5 (2007) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for orderly development, neighborhood compatibility, and adequate
connectivity; and
WHEREAS, the Owner and Applicant agree to develop this property in accordance with the
terms and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. The Crossing Development LC is the legal title holder of the property legally described
as follows:
COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7
WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE N89025'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST
RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY,
50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT
RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS
ppdadm/agVcza rez07-00011 cardinalpointsouth.doc
1
NOOOO7'16'W, TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, 380.0 FEET,
ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16019'46"W;
THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE
NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF
A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD
BEARS N14020'52"E; THENCE N59020'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0
FEET; THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 60.0 FEET;
THENCE S59020'52'W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE
NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC
OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT
CHORD BEARS N75039'08'W; THENCE N30039'08'W, ALONG SAID EAST RIGHT-OF-WAY
LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-
OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14043'50'W; THENCE
N01011'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 420.6 FEET; THENCE
NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC
OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 179.4 FOOT
CHORD BEARS NOoo49'29'W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST
RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42001'38"E; THENCE
N86053'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03006'18'W,
ALONG SAID EAST RIGHT-OF-WAY LINE, 33.0 FEET; THENCE N86053'42"E, 43.6 FEET;
THENCE NORTHEASTERLY, 245.0 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 244.4 FOOT CHORD BEARS N79052'37"E;
THENCE SOUTHEASTERLY, 633.8 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY, WHOSE 623.3 FOOT CHORD BEARS S88058'59"E;
THENCE SOUTHEASTERLY, 252.5 FEET, ALONG AN ARC OF A 793.4 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY, WHOSE 251.4 FOOT CHORD BEARS S79056'28"E;
THENCE SOoo36'32'W, 30.0 FEET; THENCE S89023'28"E, 5.0 FEET; THENCE
SOUTHEASTERLY, 31.4 FEET, ALONG AN ARC OF A 20.0 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 28.3 FOOT CHORD BEARS S44023'28"E; THENCE
SOoo36'32'W, 111.0 FEET; THENCE S89023'28"E, 50.0 FEET; THENCE SOoo36'32'W, 1244.0
FEET; THENCE S59057'49'W, 654.1 FEET; THENCE S89025'22'W, 300.3 FEET, TO SAID
POINT OF BEGINNING, CONTAINING 45.04 ACRES, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner and Applicant acknowledge(s) that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and the need for orderly development,
neighborhood compatibility, and adequate connectivity. Further, the parties acknowledge
that Iowa Code 9414.5 (2007) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant
agree(s) that development of the subject property will conform to all other requirements
of the zoning chapter, as well as the following conditions:
a. the section of Kennedy Parkway between Camp Cardinal Road and Camp
Cardinal Boulevard will be platted, and the necessary right-of-way will be
dedicated and a letter of credit for the cost of installing the water main in this
section of the street will be provided at the time of final plat approval;
ppdadm/agVcza razO? -00011 cardinalpointsouth.doc
2
b. installation of the sub-grade for this section of Kennedy Parkway will be
constructed by the applicant and/or owner prior to January 1, 2009;
c. this section of Kennedy Parkway will be constructed when the school site
(located north of Kennedy Parkway) is developed, or Outlot C of Cardinal Pointe
South is developed, whichever occurs first, but in no case shall the road be
constructed later than January 1, 2010; and
d. if the sub-grade is not constructed prior to January 1, 2009, or if the road is not
built prior to January 1, 2010, issuance of building permits will cease for Cardinal
Pointe South subdivision.
4. The Owner and Applicant, and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code 9414.5 (2007), and
that said conditions satisfy public needs that are caused by the requested zoning
change.
5. The Owner and Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge(s) that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this
day of
,20
CITY OF IOWA CITY
Marian K. Karr, City Clerk
~ ~--:-~~
By:
-:t>e""~.s;~ ~~ve,..J
"^^ ~ t..I1A c;..~ e....
-r-;, p., ~~~.. l;levE<A-........ l-C-
,..~ ~
By:
-1f.ees A IVl 0 u()s,(.)
La:<:.6 ~M...,r
SOlATHG.'~ VelleL()fWI~ Seev..rc::es, LL.c...
Ross Wilburn, Mayor
Attest
7~e1J.~
"'city Attorney's Office '1"/ d7
ppdadmlagUcza rezO? -00011 cardinalpointsouth.doc
3
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this A day Of~W\\)I.l' ,A.D. 20..01, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ~ tVo erG ~ ,
to me personally known, who being by me duly sworn, did say that the person is
~ (tille) of
. ~prYl( nJ- LL and that said instrument was signed on behalf of the
said limited lability company by authority of its managers and the said
{(\l1.~ y acknowledged the execution of said instrument to be the voluntary
act and deecJOfsaid limited liability company by it voluntarily executed.
ANGELA JACOBY
..~t Comm$siOn ~,,:",bflilIr 722784
. ~ My CommulOn expires
'''''~
of Iowa
SOUTHGATE DEVELOPMENT SERVICES LLC ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ day of ~I~L~ , A.D. 201D., before me, the undersigned, a Notary
Public in and for the Sta~ I~wa, personally appeared ~~So.... nJOYYOW ,
to me personally known, who being by me duly sworn, did say that the person is
~":l:= (tille) of
~(1. t&... rt.{.. ~((~~, and that said instrument was signed on behalf of the
ppdadmlagVcza rez07-OOO11 cardinalpointsouth.doc
4
said limited liability company by authority of its managers and the said
"'C2. Pv~~ \~ Y"\+ acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
~~
,.'<<~
ppdadmlagUcza rezO? ..Q0011 cardinalpointsouth.doc
5
~,
c.._
Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
ORDINANCE NO. 07-4?R1
AN ORDINANCE REZONING APPROXIMATELY 0.95 ACRES OF LAND AT 805 AND 817 SOUTH
GILBERT STREET FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2).
(REZ07 -00012)
WHEREAS, the applicant, George Sehl, has requested a rezoning of properties located at 805 and 817
S. Gilbert Street from Intensive Commercial (CI-1) to Community Commercial (CC-2); and
WHEREAS, the business uses conforming to a CC-2 zone are compatible with current surrounding land
uses; and
WHEREAS, the Planning and Zoning Commission has found that although the Comprehensive Plan
land use map depicts this area as appropriate for intensive commercial development, the Plan does show
general commercial development for adjacent properties and notes that the recent trend of apartments being
built above intensive commercial areas may result in the need to re-examine the appropriate land uses and
zoning patterns in this area; and
WHEREAS, the current use as a medical office is non-conforming in a CI-1 zone, but will be conforming
in a CC-2 zone.
WHEREAS, given the above noted factors the Planning and Zoning Commission has found that the
proposed rezoning is in general compliance with the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
classification of Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved:
Commencing at a point on the South line of Lot 4 in Block 28 of that part of Iowa City, Iowa, known
as the County Seat of Johnson County, according to the plat thereof recorded in Book 1 & 2, page
301, Deed Records of Johnson County, Iowa, which point is 28 feet West of the Southeast corner of
said lot 4; thence in a Northerly direction in a straight line to a point on the North line of Lot 3 in Block
28, 3 feet West of the Northeast corner of said Lot 3; thence East 38 feet; thence South to a point 35
feet East of the Southeast corner of said Lot 4; thence West to the place of beginning, subject to
easements and restrictions of record
And
Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as recorded in Deed
Book 1 & 2, Page 301, Johnson County, Recorder's Office thence N 89053'17"E, 35.00 feet; thence
NOo016'55"W, 12.70 feet parallel to the east line of said Block 28 to the Point of Beginning; thence
NOo016'55"W, 147.36 feet parallel to the east line of said Block 28; thence N89051 '13"E, 41.43 feet
along the easterly extension of the north line of Lot 3 of said Block 28 to a point that lies 45.00 feet
westerly from the centerline of Gilbert Street; thence S15025'50"W, 152.98 feet along said line lying
45.00 feet from the centerline of Gilbert Street to the point of beginning.
Commencing at the northwest corner of Block 28, County Seat Addition to Iowa City, Iowa, as
recorded in Deed Book 1 and 2, Page 301 of the records of Johnson County, Recorder's Office;
thence S89051 '40"E, along the north line of said Block 28 of the northeast corner of Lot 1 of said
Block 28, which is the point of beginning; thence S89051'40"E, 131.78 feet along the north line of Lot
1, Block 29, of said County Seat Addition, to the westerly right-of-way line of Gilbert Street; thence
S15043'12"W, 165.98 feet along said westerly right-of-way line to the south line of Lot 2, Block 29, of
said County Seat Addition; thence N89051 '13"W, 86.81 feet along said south line to the southeast
corner of Lot 2, Block 28, of said County Seat Addition in accordance with ordinance of vacation
recorded in Miscellaneous Book 390, Page 176, of the records of the Johnson County Recorder's
Office; thence north 159.87 feet along the east line of Block 28 to the point of beginning,
Ordinance No. 07-a7R1
Page 2
And
Auditor's Parcel #98017, according to the Plat of Survey recorded in Book 39, Page 270, Plat
Records of Johnson County, Iowa.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County,
Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
@(~:~V~f October
AYOR
,20~.
ATTEST:~~~ i!. ~
C CLERK
APpr:red by ()
~a- -4../J~vu--o~
City Attorney's Office &' ~<J ~ 7
Wpdala/ppadmin/ord/REZ07 -00012.doc
Ordinance No. 07-4283
Page -3-
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were: .
O'nonnell
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
x
X
X
X
X
First Consideration 9/18/2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration --------------------
Vote for passage:
Date published
10/10/2007
Moved by Vanderhoef, seconded by Champion that the rule requ1r1ng ordinances to be
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, the second consideration and vote be
waived and the ordinance be voted upon for final passage at this time. AYES: Correia,
Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None.
m
September 19, 2007
City Hall
410 E. Washington St.
Iowa City, IA. 52240
City Council Members,
This letter is in request for an expedited vote on the Rezoning of approximately 0.95
acres of land located at 805 and 817 South Gilbert St. from CI-l zone to CC-2 zone.
This property is under contract for sale and the expedited vote will allow for the parties
to meet time lines in the sales process. I would appreciate any effort to support this
process at the October 2, 2007 meeting.
sm~
George Sehl
Property Owner
cc: Randy Miller
Shawn M. Zierke
s=?
i-'".}
~.
)>
t",~)
--,,-~
rn
Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319)356-5030
ORDINANCE NO.
AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A
NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND
FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, DELIVER AND SEll NATURAL
GAS TO SAID CITY AND ITS INHABITANTS.
WHEREAS, the franchise previously granted by the City to MidAmerican Energy
Company's successor and codified at Chapter 2, Title 12 of the City Code expired in
November 2001; and
WHEREAS, the City and MidAmerican Energy Company have negotiated a new
franchise agreement on the terms set forth herein; and
WHEREAS, it is deemed in the interest of the City and its citizens to enact the following
franchise ordinance.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that
Title 12, Chapter 2 of the City Code is hereby repealed in its entirety and the following is
substituted in lieu thereof:
12-2-1. There is hereby granted to MidAmerican Energy Company, an Iowa
corporation, hereinafter called "Company," and to its successor and assigns the right
and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City,
Iowa hereinafter called the "City," a gas distribution system, to furnish natural gas along,
under and upon the streets, avenues, alleys and rights of way of the City to serve
customers within and without the City and to furnish and sell natural gas to the City and
its inhabitants. The City Council reserves to itself the right to extend this franchise to
other public places upon request from the Company. Rights are hereby granted for all
existing facilities located in other public places prior to the date of this agreement.
12-2-2. The City may terminate this franchise by resolution adopted more than
one, but less than two years prior to the tenth anniversary of the effective date of this
Ordinance. In the event the City Council does adopt such a resolution, this franchise will
terminate on the tenth anniversary of the effective date. In the event such a resolution is
not adopted the City may terminate this franchise only by resolution adopted more than
one but less than two years prior to the twentieth anniversary of the effective date of this
Ordinance. In the event the City Council does adopt such a resolution this franchise will
terminate on the twentieth anniversary of the effective date. If neither such resolution is
adopted this franchise will terminate on the twenty-fifth anniversary of the effective date.
12-2-3. The rights and privileges hereby granted to the Company its successors
and assigns are subject to applicable provisions of the Iowa Code, including but not
limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as
subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any
other applicable statues or regulations promulgated by Federal or State agencies under
federal or state laws, all of said laws, codes, ordinances, statutes and regulations as
presently enacted or subsequently amended. The Company reserves the right to
-1-
challenge or contest the City's interpretation or application of any of said laws, codes,
ordinances, statutes, and regulations. The City may make such lawful and reasonable
amendments to the provisions of the Code of Ordinances of the City of Iowa City
affecting or regulating the Company in its operation of the natural gas utility, as the City
deems necessary and proper, within the scope of its authority as authorized by the
Constitution and Code of Iowa. The franchise granted herein shall not restrict in any
manner the right of the City in the exercise of any power which it now has or which may
hereafter be authorized or permitted by the Constitution or laws of the State of Iowa.
12-2-4. The Company shall have the right to excavate in any City street, avenue
or alley for the purpose of laying, relaying, repairing or extending gas pipes, mains,
conduits, and other gas system components provided the same shall be placed in
accord with this franchise and any regulation the City may from time to time adopt or
amend regarding the placement of facilities or structures of utilities, provided same is not
in conflict with Company's standards or state and federal regulation, and other right of
way users' facilities or structures, in the right of way.
12-2-5. The Company is authorized to make excavations in City streets,
avenues and alleys for purposes of routine repair, replacement, and maintenance of gas
pipes, mains, conduits, and other gas system components. In making such excavations,
the Company shall not unnecessarily obstruct the use of streets, avenues or alleys, shall
provide the Public Works Director with 24 hours notice prior to the actual
commencement of the work, and shall comply with all provisions and requirements of the
City in its regulation of the use of City right of way in performing such work. The
Company shall not dig or otherwise excavate under the canopy of any tree on public
ground, unless using trencherless technologies or directional boring. In emergencies
which require immediate excavation, the Company may proceed with the work without
first applying for or obtaining the permit, provided, however, that the Company shall
apply for and obtain the excavation permit as soon as possible after commencing such
emergency work.
12-2-6. Prior to commencing significant construction or maintenance projects in
the public right of way, the Company shall use its best efforts to notify the contiguous
affected customers. Best efforts shall include but are not limited to at least one of the
following: door hangers, telephone contact, or direct mail. Notification shall not be
required in the event of emergency repairs or natural gas restoration efforts.
12-2-7. The Company shall indemnify and save harmless the City from any and
all claims, suits, losses, damages, costs or expenses, on account of injury or damage to
any person or property, caused or occasioned in whole or in part, by the Company's
negligence in construction, reconstruction, excavation, operation or maintenance of the
natural gas facilities authorized by this franchise; provided, however, that the Company
shall not be obligated to defend, indemnify and save harmless the City for any costs or
damages arising from the negligence of the City, its officers, employees or agents.
12-2-8. The Company, and its successors and assigns, is authorized to extend
its natural gas distribution system and to engage in repair work and to install new gas
distribution and transmission facilities within the City.
-2-
12-2-9. The Company shall maintain the availability of service throughout the
entire City including newly annexed areas, by extending natural gas facilities in a
manner consistent with Iowa law.
12-2-10. The City shall, in the extension or modification of streets and roads,
make provision for the placement of Company service lines and facilities on City-owned
right of way without charge to Company. In planning for the extension or modification of
streets and roads, the City shall, to the extent practicable in the discretion of its Public
Works Director, design such changes to limit the need for the relocation of Company
facilities. Nothing in this franchise shall be construed as a guarantee that in either
existing right of way or in future acquired right of way the City will provide sufficient
space for any particular need of the Company nor shall the City be required to obtain
additional right of way solely for the use of the Company.
12-2-11. The said Company, its successors and assigns, as long as it shall
operate under the terms of this franchise, shall furnish natural gas in sufficient quantities
to supply the reasonable demands of said City and the inhabitants thereof in accordance
with the Company's rules, regulations and conditions of service as approved by the Iowa
Utilities Board.
12-2-12. The Company shall make an annual written report to the City Council
summarizing community contributions which benefit the people of Iowa City which have
been made by the Company or its Foundation. The written report shall include the name
of each entity to which such contributions have been made, the amount of such
contribution and a comparison showing contributions for that year and the three prior
years. The report shall be filed with the City Council within three months of the close of
the Company's fiscal year.
12-2-13. The City reserves the right to impose a franchise fee pursuant to the
Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived
from the distribution, delivery and retail sale of natural gas by the Company or other
natural gas providers utilizing the distribution system of the Company, to customers
within the current or future corporate limits of the City. The City shall provide the
Company with 90-days advance notice of the effective date of any franchise fee put into
effect by the City. The City may require the Company to provide an accounting to
establish that the fee has been correctly calculated. The City may include a requirement
that an audit of the calculation and basis for calculation of the franchise fee be
conducted by an auditor of the City's selection and the Company will cooperate with
such an audit. Said audit shall not be conducted more than once a year. The City shall
pay the costs of the audit unless the audit shows an underpayment of franchise fees by
an amount equal to 3% or more of the fees, in which event the Company shall pay the
cost of the audit.
12-2-14. With the permission of the City Council, to be separately given in regard
to each application to use powers of eminent domain, Company shall have the power to
condemn private property for the purpose of providing natural gas to the public and in a
reasonable relationship to an overall plan of distributing natural gas within the City. The
Company must establish the necessity of each taking of private property and, when so
established, the City Council shall approve the condemnation of the private property by
resolution if the Council finds the use of such powers is in the public interest, does not
-3-
create an unacceptable public safety problem and there is not any reasonable
alternative.
12-2-15. The Company shall, at its cost and expense, locate and relocate its
installations in, on, over or under any public street or alley in the City in such manner as
the City may at any time reasonably require for the purposes of facilitating the
construction, reconstruction, maintenance or repair of any public improvement of, in, or
about any such street or alley, or promoting the efficient operation of any such
improvement.
12-2-16. The Company shall, at all times during which this franchise is in affect,
maintain, administer and operate such energy efficiency and/or conservation programs
within the City, as may be approved by the Iowa Utilities Board.
12-2-17. If requested by the City the Company shall participate in a disaster or
emergency response communications task force to address such topics as a dedicated
communications link between the City and the Company during emergencies, an
interoperable radio communications system between the Company and the City, a
reverse telephone messaging system and participation by the Company in City and
Johnson County joint drills and emergency training exercises. It is the intent of the
parties that such participation may be established by a separate agreement which refers
to this franchise.
12-2-18. This franchise shall apply to and bind the City and the Company and
their successors and assigns; provided that any assignment by the Company shall be
subject to the approval of the City Council by resolution, which approval shall not be
unreasonably withheld.
The City expressly reserves the right to terminate the franchise granted herein if
the Company breaches any of the provisions of this franchise; provided, however, there
shall be no termination if the Company shall correct the breach within sixty (60) days
following written notice provided by the City to do so.
The Company shall not be excused from complying with any of the terms and
conditions of this franchise by any failure of the City to insist upon or seek compliance
with any such terms or conditions. Further, it is agreed that the subject matter of this
franchise is unique and may be enforced by specific performance, at the City's option,
since a remedy at law may be inadequate.
12-2-19. This Ordinance shall become effective and binding upon its approval
and passage in accordance with Iowa law and the written acceptance by the Company.
The Company shall within thirty (30) days after the approval of this ordinance by the City
Council, file in the office of the clerk of the City its acceptance in writing of all the terms
and provisions of this ordinance. Following City Council approval and written acceptance
by the Company, this ordinance shall be published in the Iowa City Press Citizen. The
effective date of this Ordinance shall be the date of publication.
12-2-20. If any of the provisions of this franchise ordinance are for any reason
declared to be illegal or void, the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in full force and effect, the
same as if the franchise ordinance contained no illegal or void provisions. In the event
-4-
any provision or provisions are ruled illegal or void by a court of competent jurisdiction,
the City and the Company shall forthwith amend this franchise to insert a successor
provision that complies with the applicable court ruling.
12-2-21. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
PASSED AND APPROVED this _ day of
2007.
CITY OF IOWA CITY, IOWA
By
Mayor
City Clerk
AtE:;c:7M-
City Attorney's Office q -) I ~ f)7
ATTEST:
annen/ord&res/MidAmGasfranchise.doc
-5-
Page 1 of 1
-, 1
Marian Karr
From:
Sent:
To:
RICHARD L HODSON [Richard.Hodson@msn.com]
Friday, September 28, 2007 3:59 PM
Marian Karr
Subject: Franchise agreements
We may not be able to attend the public hearing to discuss renewing the franchise agreements.
We want the council to approve the franchise agreements.
Richard L. Hodson and Jacqueline Hodson
9/28/2007
7) F
Marian Karr
From:
Sent:
To:
Cc:
Subject:
Dale Helling
Friday, September 28, 2007 12:59 PM
'Rod Sullivan'
Council
RE: Utility Franchise Agreement
Dear Rod,
Thanks for your email to Council regarding the Utility Franchise Agreement. Your message
will be forwarded to Council as official correspondence.
The overall duration of the proposed franchise is indeed 25 years. However, Council may
terminate the franchise at the end of 10 years or, if not at 10, then at 20 years. In
either case there are no specific criteria that Council must meet in order to terminate
the franchise. The only stipulation is that such notice be given by Council sometime
during the ninth or nineteenth year. (See section 12-1-2) .
I hope this provides some useful clarification.
Regards,
Dale
-----Original Message-----
From: Rod Sullivan [mailto:rodsullivan@mchsi.com]
Sent: Thursday, September 27, 2007 3:50 PM
To: Council
subject: Utility Franchise Agreement
This correspondence will become a public record.
Dear City Council:
My name is Rod Sullivan, and I live at 2326 E. Court Street in Iowa City. I am writing you
today regarding the proposed franchise with Mid American Energy.
I believe that a franchise is warranted. Mid American has proven to be a reliable
provider. The public clearly feels that Mid American has done a good job.
It is difficult to do business with large uncertainties hanging overhead.
Mid American has earned enough trust to be able to operate with some level of certainty. I
think Mid American has earned a franchise agreement.
But 25 years? I must admit, I was startled when I heard 25 years was even being
considered.
The world is changing. Few of us can look ahead 25 years with any degree of certainty. It
seems to me that obligating the City to a 25 year contract in such a changing, competitive
marketplace is a mistake.
I strongly encourage the Council to consider a much shorter franchise agreement -
somewhere in the neighborhood of 7-10 years. That would be a considerable commitment, yet
would not tie the hands of our grandchildren.
Sincerely,
Rod Sullivan
1
w:J
Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY,
AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH
A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH AND SELL
ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS.
WHEREAS, the franchise previously granted by the City to MidAmerican Energy
Company's successor and codified at Chapter 1, Title 12 of the City Code expired in
November 2001; and
WHEREAS, the City and MidAmerican Energy Company have negotiated a new
franchise agreement on the terms set forth herein; and
WHEREAS, it is deemed in the interest of the City and its citizens to enact the following
franchise ordinance.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that
Title 12, Chapter 1 of the City Code is hereby repealed in its entirety and the following is
substituted in lieu thereof:
12-1-1. There is hereby granted to MidAmerican Energy Company, an Iowa
corporation, hereinafter called the "Company," and its successors and assigns, the non-
exclusive right and franchise to acquire, construct, erect, maintain and operate in the
City of Iowa City, hereinafter the "City," an electric light and power system including the
right to erect and maintain the necessary poles, lines, wire, transmission lines, conduits
and other appliances for the transmission and distribution of electric energy along, under
and upon the streets, avenues and alleys to serve customers within and without said
City , and to furnish and sell electric energy to said City and its inhabitants. The City
Council reserves to itself the right to extend this franchise to other public places at the
request of the Company. Rights are hereby granted for all existing facilities located in
other public places prior to the date of this agreement.
12-1-2. The City may terminate this franchise by resolution adopted more than
one, but less than two years prior to the tenth anniversary of the effective date of this
Ordinance. In the event the City Council does adopt such a resolution, this franchise will
terminate on the tenth anniversary of the effective date. In the event such a resolution is
not adopted the City may terminate this franchise only by resolution adopted more than
one but less than two years prior to the twentieth anniversary of the effective date of this
Ordinance. In the event the City Council does adopt such a resolution this franchise will
terminate on the twentieth anniversary of the effective date. If neither such resolution is
adopted this franchise will terminate on the twenty-fifth anniversary of the effective date.
12-1-3. The rights and privileges hereby granted to the Company its successors
and assigns are subject to applicable provisions of the Iowa Code, including but not
limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as
subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any
other applicable statues or regulations promulgated by Federal or State agencies under
-1-
federal or state laws, all of said laws, codes, ordinances, statutes and regulations as
presently enacted or subsequently amended. The Company reserves the right to
challenge or contest the City's interpretation or application of any of said laws, codes,
ordinances, statutes, and regulations. The City may make such lawful and reasonable
amendments to the provisions of the Code of Ordinances of the City of Iowa City
affecting or regulating the Company in its operation of the electric utility, as the City
deems necessary and proper, within the scope of its authority as authorized by the
Constitution and Code of Iowa. The franchise granted herein shall not restrict in any
manner the right of the City in the exercise of any power which it now has or which may
hereafter be authorized or permitted by the Constitution or laws of the State of Iowa.
12-1-4. Nothing in this agreement shall be construed or interpreted to limit or
prohibit the City, residents or businesses of Iowa City from participating in or enjoying
any benefits and protections of a restructured retail electric utility industry to the extent
that such benefits and protections are made available to consumers of competitive retail
electric services under state and federal rules, regulations and law.
12-1-5. The Company shall have the right to erect all necessary poles and to
place thereon the necessary wires, fixtures and accessories as well as to excavate and
bury conduits or conductors for the distribution of electric energy in and through the City,
provided the same shall be placed in accord with this franchise and any regulation the
City may from time to time adopt or amend regarding the placement of facilities or
structures of utilities, and other right of way users' facilities or structures, in the right of
way. All electric utility system components placed above, upon, in or under public right-
of way, and the wires placed thereon or therein, shall comply with the National Electrical
Safety Code as adopted by the regulations of the Iowa Utilities Board. The Company
shall not without express approval from the City place in the right of way any substation
operating at greater than 15,000 volts, transmission lines, equipment or appliances
operated at greater than 15,000 volts or pad mounted distribution facilities of greater
than 15,000 volts serving an underground distribution feeder system.
12-1-6. The Company is authorized to make excavations in City streets, avenues
and alleys for purposes of routine repair, replacement, and maintenance of poles, wires,
conduits, lines or other electric utility system components. In making such excavations,
the Company shall obtain a City permit therefore and shall not unnecessarily obstruct
the use of streets, avenues or alleys, shall provide the Public Works Director with 24
hours notice prior to the actual commencement of the work, and shall comply with all
provisions and requirements of the City in its regulation of the use of City right of way in
performing such work. In emergencies which require immediate excavation, the
Company may proceed with the work without first applying for or obtaining the permit,
provided, however, that the Company shall apply for and obtain the excavation permit as
soon as possible after commencing such emergency work.
12-1-7. Prior to commencing significant construction or maintenance projects in
the public right of way, the Company shall use its best efforts to notify the contiguous
affected customers. Best efforts shall include but are not limited to at least one of the
following: door hangers, telephone contact, or direct mail. Notification shall not be
required in the event of emergency repairs or electric outage restoration efforts.
12-1-8. The Company is authorized and empowered consistent with this
franchise to prune or remove at Company expense any tree extending into any street,
-2-
alley, right of way or public grounds to maintain electric reliability, safety, to restore utility
service and to prevent limbs, branches or trunks from interfering with the wires and
facilities of the Company. The pruning shall be completed in accordance with nationally
accepted safety and utility industry standards, ANSI 2133.1 -2006, American National
Standard for Arboriculture Operations- Safety Requirements, and ANSI A300 (part 1) -
2001 Pruning, American National Standard for Tree, Shrub, and other Woody Plant
Maintenance - Standard of Practices Pruning, or subsequent revisions to these
standards, and City ordinances regarding the pruning of trees and the protection of its
facilities upon public ground. The Company shall not remove or prune any tree on public
grounds, other than right of way, except in an emergency or when necessary to alleviate
an existing electrical outage without first obtaining permission of the City's Public Works
Director, nor shall the Company dig or otherwise excavate under the canopy of any tree
on public ground, unless using trencherless technologies or directional boring, except in
an emergency or when necessary to alleviate an existing electrical outage, without
having first given the City's Public Works Director 24 hours notice.
12-1-9. The Company shall indemnify and save harmless the City from any and
all claims, suits, losses, damages, costs or expenses, on account of injury or damage to
any person or property, caused or occasioned in whole or in part, by the Company's
negligence in construction, reconstruction, excavation, operation or maintenance of the
electric facilities authorized by this franchise; provided, however, that the Company shall
not be obligated to defend, indemnify and save harmless the City for any costs or
damages arising from the negligence of the City, its officers, employees or agents.
12-1-10. The Company, and its successors and assigns, is authorized to extend
its lines, wires and conduits, to expand its transmission and distribution systems, to
engage in repair work and to install new distribution and transmission systems within the
City.
12-1-11. The Company shall maintain the availability of service throughout the
entire City including newly annexed areas, excluding areas designated by the Iowa
Utilities Board to be the exclusive service territory of another electric provider, by
extending lines or facilities in a manner consistent with Iowa law.
12-1-12. The City shall, in the extension or modification of streets and roads,
make provision for the placement of Company service lines and facilities on City-owned
right of way without charge to Company. In planning for the extension or modification of
streets and roads, the City shall, to the extent practicable in the discretion of its Public
Works Director, design such changes to limit the need for the relocation of Company
facilities. Nothing in this franchise shall be construed as a guarantee that in either
existing right of way or in future acquired right of way the City will provide sufficient
space for any particular need of the Company nor shall the City be required to obtain
additional right of way solely for the use of the Company.
12-1-13. The said Company, its successors and assigns, as long as it shall
operate under the terms of this franchise, shall furnish electric energy in sufficient
quantities to supply the reasonable demands of said City and the inhabitants thereof in
accordance with the Company's rules, regulations and conditions of service as approved
by the Iowa Utilities Board.
-3-
12-1-14. The Company shall make an annual written report to the City Council
summarizing community contributions which benefit the people of Iowa City which have
been made by the Company or its Foundation. The written report shall include the name
of each entity to which such contributions have been made, the amount of such
contribution and a comparison showing contributions for that year and the three prior
years. The report shall be filed with the City Council within three months of the close of
the Company's fiscal year.
12-1-15. The City shall be privileged upon 3D-days advance notice to the
Company, without charge, to make use of the distribution poles of the Company that are
placed within City right of way for any City alarm, City control, or City communication
function, excluding any paid subscriber services (but including any City owned cable or
wireline communication system for which use the City shall pay an amount consistent
with federal law), to the extent that such use shall not interfere with their use by the
Company, but the City shall hold the Company harmless from any and all causes of
action, litigation or damages arising through the placing of the facilities of the City upon
the Company's poles. If at the sole discretion of the Company, it is determined that said
attachments may create a clearance violation or other hazardous situation, or that wind
or other conditions may place undue stress on specific Company facilities, the City shall
not be authorized to attach to those facilities. If attachments are in place, upon
notification by the Company of damage or potential damage, the City shall promptly
remove said attachments.
12-1-16. The City reserves the right to impose a franchise fee pursuant to the
Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived
from the distribution and the retail sale of electricity by the Company to customers within
the current or future corporate limits of the City. The City shall provide the Company
with gO-days advance notice of the effective date of any franchise fee put into effect by
the City. The City may require the Company to provide an accounting to establish that
the fee has been correctly calculated. The City may include a requirement that an audit
of the calculation and basis for calculation of the franchise fee be conducted by an
auditor of the City's selection and the Company will cooperate with such an audit. Said
audit shall not be conducted more than once a year. The City shall pay the costs of the
audit unless the audit shows an underpayment of franchise fees by an amount equal to
3% or more of the fees, in which event the Company shall pay the cost of the audit.
12-1-17. With the permission of the City Council, to be separately given in regard
to each application to use powers of eminent domain, Company shall have the power to
condemn private property for the purpose of providing electric service to the public and
in a reasonable relationship to an overall plan of distributing electrical energy within the
City. The Company must establish the necessity of each taking of private property and,
when so established, the City Council shall approve the condemnation of the private
property by resolution if the Council finds the use of such powers is in the public interest,
does not create an unacceptable public safety problem and there is not any reasonable
alternative.
12-1-18. The Company shall, at its cost and expense, locate and relocate its
installations in, on, over or under any public street or alley in the City in such manner as
the City may at any time reasonably require for the purposes of facilitating the
construction, reconstruction, maintenance or repair of any public improvement of, in, or
about any such street or alley, or promoting the efficient operation of any such
-4-
improvement. The City may require the Company to place or bury its electrical utility
system components underground as consistent with Company tariffs (it is the
understanding of the parties that under current tariffs the Company shall assume and
pay as its own expense the cost of moving a line from one above ground location to
another above ground location and the City shall reimburse the Company for any
additional cost occasioned by placing a facility underground).
12-1-19. The Company shall, at all times during which this franchise is in affect,
maintain, administer and operate such energy efficiency and/or conservation programs
within the City, as may be approved by the Iowa Utilities Board.
12-1-20. If requested by the City the Company shall participate in a disaster or
emergency response communications task force to address such topics as a dedicated
communications link between the City and the Company during emergencies, an
interoperable radio communications system between the Company and the City, a
reverse telephone messaging system and participation by the Company in City and
Johnson County joint drills and emergency training exercises. It is the intent of the
parties that such participation may be established by a separate agreement which refers
to this franchise.
12-1-21. If requested by the City the Company shall participate in a City task
force to identify and utilize City generated renewable energy options, including sewage
treatment gas or landfill gas available to the City. In the event that the City should at any
time during the term of this franchise become an alternate energy producer of electrical
energy at a municipally-owned or operated facility the Company shall, if requested by
the City, enter into an agreement to purchase the electric energy produced from such
qualifying alternate generating facility, subject to applicable statutory requirements and
regulations.
12-1-22. This franchise shall apply to and bind the City and the Company and
their successors and assigns; provided that any assignment by the Company shall be
subject to the approval of the City Council by resolution, which approval shall not be
unreasonably withheld.
The City expressly reserves the right to terminate the franchise granted herein if
the Company breaches any of the provisions of this franchise; provided, however, there
shall be no termination if the Company shall correct the breach within sixty (60) days
written notice provided by the City to do so.
The Company shall not be excused from complying with any of the terms and
conditions of this franchise by any failure of the City to insist upon or seek compliance
with any such terms or conditions. Further, it is agreed that the subject matter of this
franchise is unique and may be enforced by specific performance, at the City's option,
since a remedy at law may be inadequate.
12-1-23. This Ordinance shall become effective and binding upon its approval
and passage in accordance with Iowa law and the written acceptance by the Company.
The Company shall within thirty (30) days after the approval of this ordinance by the City
Council, file in the office of the clerk of the City its acceptance in writing of all the terms
and provisions of this ordinance. Following City Council approval and written acceptance
-5-
by the Company, this ordinance shall be published in the Iowa City Press Citizen. The
effective date of this Ordinance shall be the date of publication.
12-1-24. If any of the provisions of this franchise ordinance are for any reason
declared to be illegal or void, the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in full force and effect, the
same as if the franchise ordinance contained no illegal or void provisions. In the event
any provision or provisions are ruled illegal or void by a court of competent jurisdiction,
the City and the Company shall forthwith amend this franchise to insert a successor
provision that complies with the applicable court ruling.
12-1-25. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
PASSED AND APPROVED this _ day of
2007.
CITY OF IOWA CITY, IOWA
By
Mayor
ATTEST:
~~
9 - 1/ -() 7
City Attorney's Office
City Clerk
Annen/ord&res/MidAm electric franchise.doc
. -6-
Marian Karr
From:
Sent:
To:
Subject:
jponto@avalon.net
Monday, September 24, 2007 3:52 PM
Council
MidAmerican Energy contract
Dear Councilors,
I read in the Corridor Business Journal (Sept 24-30, 2007) that MidAmerican has put a
proposal before city staff to capture the methane gas that is produced at the Iowa City
landfill and use it to generate electricity to be distributed within the local energy
system. YES!!! I trust that all of you are already versed on global warming, greenhouse
gases from burning coal, and the other environmental problems associated with coal mining.
Alternative energy production is vital to our city, state, country and world. Converting
landfill methane into electricity is a small, but important, step. Please endorse this
proposal. Moreover, please work with MidAmerican to increase the use of other alternative
energy sources that supply electricity to Iowa City, including increased use of wind power
and solar. For example, you could stipulate in a new utility contract with MidAmerican
that some stated fraction of electricity delivered to Iowa City must come from alternative
energy production such as landfill methane, wind, and solari and that this fraction must
increase to higher specified levels by certain future dates. This is a major opportunity
for Iowa City to take a lead in working with a major utility company to actively promote
and develop alternative energy.
Thank you.
Sincerely,
James Ponto
618 Brown St.
Iowa City
338-5802
1
C!Artj' 5 fA" 'LJ'ttl'l ;
-P'7 r
I
Natural Gas
Furnace Rebates
Natural Gas
Boiler Rebates
Air Conditioner
Rebates
Rebate Schedule
AFUE REBATE A!!OUNT
85-89.9% $100
91J1. $200
91% $250
92% $300
93% $350
94% $400 (max. rebate)
SEER REBATE A'!OUNT
14 $200
15 $300
16 $400 (max rebate)
AWE REBATE A'!OUNT
92% $250
93% $275
94% $300
95% $325
969'0 $350 (max. rebate)
EQ U IP'/HIT n PE ENERGY.EFFICIENC T RATING REBATE :..'!OUNT TERN.s ilNDCONDITIONS
Natural Gos Furnaces 92% AFUE or greater $250 + ($25 x (AFUE-92)) Incertives calculated in increments of .1 AFUE;
Maximum rebate $350
Natural Gos Boilers 85 - 89.9%AFUE 85 - 89.9%- $100 Incertives calculated in increments of.1 AFUEi
91J1. or grealer 90% or g-eater: $200 + ($50 x (AFUE -90)) Maximum rebate $400
Natural Gos <40 gal: 0.64 EF or greder EF: Energy Fador
Water Healers 40-59 gal: 0.62 EF or greder $50 TE. Thermal Effici ency
>=60 gal: 085TE or greater lanldess water heaters are not eligible.
Window Ai r Conditi oners ENERGY STAJ;0 EER
5,000-7,999 BTU >=101 EER
8,000- 13, 999 BTU >=10.8 EER $50 Must be ENERGY STAR-rated
14,000-19,999 BTU >=101 EER
>=20,000 BTU >=94 EER
Must install a ~ matched condenser & coil;
Central hr Conditioners 14 SEER or greater $200 + ($100 x (SEER-14)) Incentives calculated in increments of
.1 SEER; Maxi mum rebate $4 00
>=14 SEER
and $400 + ($100 x (SEER-14)); Max $600 Minimum 18,000 Btuf/unit;
hr-to-Air and Add-On >=8.5 HSPF Incentives calcul ated in increments of 1 SEER
Heal Ptxnps >=14 SEER
and $200+ ($1 oox(SEER-14))i Max $400 HSPF: Healing Seasonal Performance Fador
<8.5 HSPF
Rebates: are per home and nol per heat pLmp.
Ground. SoLrce Heal Pu~s Rebates are for si ngl e-family homes only; please
call for rebate information on muhifarnily homes.
New Systems
Closed loop 3.3 COP and 14.1 EER $2000/home Equipmert and ~ ground loop installdion only
Open system 3.6 COP and 16.2 EER $l000/home
Replacement Equipment
GSHP 3.3 COP and 14.1 EER $1000/home
Desuperheaters $loo/home
All units must be rated by the Air Conditioning and Refrigeration Institute or the Gas Appliance Manufacturers AlSodatlon,
PARTICIPATION GUIDELINES
Participating in the Energyl>dvantage<<' Residential Equipment program is easy. After installing qualifying equipment, simply
submit a completed Equipment Rebate Application and detailed invoice to MidAmerican for approval. Your heating and cooling
dealer has a supply of Equipment Rebate Applications and will participate in its completion. Your application mJst be postmarked
by Jan, 31, 2008. Equipment included in the EnergyAdvantage New Homes program comprehensive incentive is not eligible for
additional incentives in the Residential Equipment program. For more information, please call 800-894.9599.
D1SQ.,.IlMER: MCArn<lricon cloes "'" gool'Cl'lfM ttot ins1clkaion arr! Ofl"ICtion <:I """'9)'-efficient oquip"*" willl'Q$u~ in R>:lUCAld ulll9" a' in oo.t "'Y;"9'- lha mannor in which a cu.lonw
""" and mainlain. """'9)'-<OffjciQnt oquipment afl<ld. potential oost "'Y;"9'. MidJom<lrican malces no \lQnanties, '.'F""'sod a' implie:l, with ""pe;' 10 any oquip""", purcl1aMd or in.tallod,
irdudirg, but not limitold 10, a" lItInanty of """"Iontability a' fit...... lor a parlicular purposa In no <w"" sloll Mid).mQrican be t-.ld liabl" fa' a" incidenlal or oomoquontial do""'9'"
or inj...... rQSUltirg from cWOIdivoa oquip"","' or installation. Micl),mQrican r_..... tho. rg:,t to co""" or clang<> "- program. ala" 6"",- Mid~s OXC<OptarlCQ ot this application
do<>s "'" gooran"'" pay1'TIQnt <:I r..roto. a' <XCQplar<:a <:I final'Girg.
~ MidAmerican
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800-894-9599
www.MIDAMERICANENERGYcom/ee
7553473lJ1
DSIRE: Summary Tables: Rebate Programs for Renewable Energy
Page 1 of 1
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Rebate Programs for Renewable Energy
Iowa - MidAmerlcan Energy - ResldenUal Energy Emclency Rebates
Lest DSIRE Review: 0fS/2512007
Incentive Type: Utiily Rebate Program
Eligible Efficiency
Technologies: Water Heaters, Furnaces, Boilers, Heat pumps, AM conditioners
Applicable Sectors: Residential
Incentive Amount: Natural Gas Furnace: $250 - $350, varies by efficiency rating
Natural Gas Boiler: $100 - $400, varies by efficiency rating
fl.Jr Conditioner: $200 - $400, varies by efficiency rating
Natural Gas Water Heater: $50
Heat Pump: $400 - $600, varies by efficiency rating
Equipment Requirements: For Eligibility:
Natural Gas Fumace must rate 92% AFUE or greater;
Natural Gas Boiler must rate 85% AFUE or greater;
Natural Gas Water Heater must rate .62 EF or greater;
fl.Jr Conditioner must rate 14 SEER or greater;
Heat Pump must rate 14 SEER or greater and 8.5 HSPF for fl.Jr-to-fl.Jr Heat
PuIJ1lS and 3.0 COP and 12 EER for Ground-Source Heat Pumps.
Expiration Date: 12/3112007
Website: h!y>:IJw.t.!I:!..mida~[icarr~_I'!~oJ!1Lhtmllenergy_~g~<rn>
Summary:
MidAmerlcan Energy Residential Equipment Reba. Program offers rebates to its residentilll home-
<rMllng customers for the purchase of energy-eflicillnt heating and cooling appliances. Rebates range
from $50-$600 for natural gas fumaces, natural gas boilers, air conditioners, natural gas water heaters,
and air-to-air or ground-sourc:e heet pumps. Click bere for printable rebete applioetlon.
MidAmerican Energy also offers a free home energy check for customers who live in <and own) a home
built prior to Dec. 31, 1994, and the primary heating energy is supplied direclly by MidAmerlcan. The
HomeChec:k pl'OQram can help customers identify are.. in their homes where they can make the most
signiflc8nt energy etrlc:iency improverTlltl'lt$. During the assessment, an energy specialist will check the
home's insulation levels, the effICiency of the heating, cooling and water heating equipment and the
condition of the home's windows. There are a number of improvements the specialist can make during
the inspection including the addition of a water heater iMulation blanket, six feet of water pipe insulation,
water controls, a W8terbed mattress pad. and up to six energy-etrlCient light bulbs. CaB 800-645-0762 to
request a HomeCheck.
Contact:
Customer ServIce
MidAmerlcan Energy
MidAmerican Energy Company - Energy Advantage Programs
P.O. Box 657
Des Moines, IA 50303-0657
Phone: (800) 894-9599
Phone 2: (888) 427.5632
Fax: (515) 244-8825
E-Mail: !;~~a~midamerican.com
Web site: bttQ:LlwYffl.mi(t~meric~_nenerav.gomlhtmllcontact1.a~
GJ~!srtlle Incet!tIYeslor R",~. <I E"lClet1cy
FAQs I Sum.l!!illLM~ I Summary Ta!;>!.~~ I SearflLfu I QlQ~s~ Il,mJiS
02007 NC Slate University f\!C Solar _<;;enl~
http://www.dsireusa.orgllibrary/includes/summtabsrch.cfm?Incentive_ Code=IAI7F&Back... 10/2/2007
(}pp I Sp~ tl j
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IOWA RESIDENTIAL
ENERGY-EFFICIENCY
Re
ates
AND OTHER ENERGY-SAVING SERVICES
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Save money today and for years to come with energy-efficiency
cash rebates and services from Alliant Energy-I P&L.
~r~'re unforyuu.
~ ~ ALLIANT
~ ENERGY.
-
For more information, go to www.alllantenergy.com/rebate. or call '-800-723-7635.
Home energy audit
Every year, the average American home loses $150 worth of energy through inefficient appliances,
lack of insulation or drafty windows and doors. Don't let that energy escape one more day - get a
free home energy audit from Alliant Energy-IP&L.
If your home qualifies, we'll send a certified energy expert to inspect your home. The auditor will
identify ways for you to reduce your energy usage, give you estimates on how much the upgrades
will cost, and tell you how much you can expect to save. The auditor may even install some
energy-saving measures on the spot at no cost.
The energy expert will analyze many features of
your home, including:
. Building construction and tightness
. Heating and cooling systems (if applicable. the
energy expert will install an ENERGY STAR~ rated
clock-programmable thermostat at no cost)
. Insulation levels
. Kitchen and laundry appliances
. Lighting (if applicable. the energy expert will install
up to six ENERGY STAR rated compact fluores-
cent light bulbs)
. Water heating equipment (if applicable. the energy
expert will install up to two faucet aerators. a
low-flow showerhead, pipe insulation and water
heater insulation wrap)
. Windows and doors
Following your home energy audit. refer back to this
booklet. Should you choose to make any of the suggested
energy-efficiency changes, the Alliant Energy-IP&L cash
rebates and low-interest financing option listed in this
booklet can make the upgrades more affordable than
you might think.
J
~I
How do I qualify?
. Alliant Energy-IP&L must supply your home's
primary heating energy.
. Your home must have been built prior to 1997.
. Renters need owner's prior approval (Alliant
Energy-IP&L would be happy to contact your
home's owner for approval).
How do I apply?
To request your free home energy audit, please fill out
the home energy audit form in the middle of this booklet
or call 1-800-723-7635 (Monday-Friday. 7 a.m. to 6 p.m.).
For additional application and qualification
infonnation, tum to the -How to Apply and
Qualify- section in the middle of this booldet.
Download and print rebate claim forms at
www.elllantenergy.com/forms. or caR 1-800-723-7835.
(Monday - Friday. 7 a.m. - 6 p.m.).
-
For more information, go to www.amenten.rgy.com/rebet.. or call '-800-723-7635.
Appliances
Thinking about investing in a new household appliance? When you are shopping around, make
sure you look for the ENERGY STAR label.
ENERGY STAR rated appliances are a better choice than standard appliances, because they use
less energy. Since they use less energy, these appliances can save you money on your energy bill,
all while helping to protect the environment. Plus, Alliant Energy-IP&L will give you cash back
on your qualifying ENERGY STAR appliance purchase.
Clothes washers
Through superior design and features. ENERGY STAR
qualified clothes washers clean clothes using 50
percent less energy than standard washers. And most
full-sized ENERGY STAR washers use 18-25 gallons
of water per load, compared to 40 gallons used by a
standard machine. They also extract more water from
clothes during the spin cycle, which reduces drying time
and heating energy.
Qualifying clothfls washfll'S (2 max.)
ENERGY STAR vertical axis........................ $50 rebate
ENERGY STAR horizontal axis.................. $100 rebate
Freezers
ENERGY STAR qualified freezers use at least 10 percent
less energy than required by current federal standards.
Qualifying frflflZfII'S 10 cubic ft. or larger (5 max.J
ENERGY STAR ........................................... $50 rebate
Refrigerators
In most households, the refrigerator is the single
biggest energy consuming kitchen appliance.
ENERGY STAR qualified refrigerators use high-efficiency
compressors, improved insulation and more precise
temperature and defrost mechanisms to improve
energy efficiency. In addition, they require about half as
much energy as models manufactured before 1993.
Oualifying refrigerators 10 cubic ft. or larger (5 max.J
ENERGY STAR............................................ $50 rebate
Room air conditioners
Replacing a 10 year-old room air conditioner with a new
ENERGY STAR model saves an average of $14 a year
on an electricity bill. These models often include timers
for better temperature control, allowing you to use the
minimum amount of energy needed to cool your room.
Make sure your unit is properly sized to your dwelling
- most people install units that are too large, and thus
inefficient.
Oualifying room air conditioners (3 max.)
ENERGY STAR............................................ $50 rebate
~ Look fOI~ the
~ ENERGY STAR label
Appliance recycling cash rebates
Old working appliances, like that refrigerator in your
garage, may seem convenient. But keeping it around
and running can add up to $100 to your yearly energy
bill. If you have a working freezer, refrigerator or room
air conditioner that you don't need, give us a call. Alliant
Energy-IP&L will send a recycling contractor to pick up
and dispose of your old appliance safely (according to
environmental guidelines), and we'll give you a check
for $35 in return.
Oualifying appliances for recycling (max. 2 each)
Working freezers, refrigerators..................... $35 rebate
and room air conditioners
This program is available to electric customers of
Alliant Energy-IP&L in Iowa. The appliance must be in
working order and currently in use. The refrigerator or
freezer must be in a residential dwelling and be at
least 10 cu. ft. or larger in size (no commercial units).
The contractor reserves the right to leave the appliance
if removal may cause damage to the property.
Alliant Energy-IP&L must supply the electricity for
the appliance to qualify.
~I
The typical household spends
$1,900 a year on energy bills. With
ENERGY STAR appliances, you can
save up to 30 percent or more than
$600 per year.
For additional application and qualification
Infonnation. turn to the -How to Apply and
Qualify- section In the mldcle of this booklet.
Download and print rebate claim forms at
www.allantenergy.com/forms. or call1.aoo.723-7835.
(Monday - Friday, 7 8.m. - 6 p.m.).
-
For more information, go to www.alliantenergy.com/rebate. or call '-800-723-7635.
Heating, cooling
and comfort measures
If your heating and/or cooling system is failing, or is 15 years or older, it makes sense to invest in
a new energy-efficient system. You'll enjoy greater whole-home comfort, and the upgrade will pay
for itself sooner than you think. Plus, Alliant Energy-IP&LS great cash rebates sweeten the deal
even more. When shopping, ask your appliance dealer to explain the minimum standards and
help you determine your total rebate.
Air-source heat pumps
HSPFl = 8.5 or greater....................... ....... $150
(PLUS the central air conditioning rebate)
Natural gas boilers (minimum AFUE2 = 85%)
AFUE = 85%-86%........................................... $100
AFUE = 87%-88%......................................... $200
AFUE = 89%-90% .............. ..................... $300
AFUE = 91 % or greater .................................. $400
Natural gas furnaces (minimum AFUE = 92%)
AFUE = 92%-93% ......................................... $250
AFUE = 94%-95% ............................................ $300
AFUE = 96% or greater .................................... $350
Central air conditioners and air-source heat pumps
(units 65,000 Btu or less)
Single-speed: minimum SEER3 = 14.0
Rebate formula: (actual SEER -14.0) x 100 + $200 =
rebate per unit
SEER = 14.0........ ........................... ................ $200
SEER = 15.0.. ........................................... $300
SEER = 16.0................... ...................... $400
Multi-speed: minimum SEER = 15.0
Rebate formula: (actual SEER -15.0) x 100 + $400 =
rebate per unit
SEER = 15.0.................................................. $400
SEER = 16.0..................................................... $500
Geothermal (ground-aource heat pumps)
(systems 240,000 Btu or 20 tons or less)
Closed loop: minimum EER = 14.1
Per ton ..................................................................... $300
Per EER point greater than 14.1.............................. $150
For desuperheater ................................................... $200
For COpt 3.3 or greater ........................................... $150
Open loop: minimum EER = 16.2
Per ton ................................................... .................. $300
Per EER point greater than 16.2.............................. $150
For desuperheater ................................................... $200
For COP 3.6 or greater ............................................ $150
H locked rotor amps are more than 100, please
call 1-800-ALUANT (please ask for a Construction
Specialist).
Clock-programmable thermostats (5 max.)
ENERGY STAR rated........................................... $25
Insulation, caulking and weather stripping
Customer must receive primary heating energy from
Alliant Energy-IP&l.
Caulk/weather stripping ..................................... 70%
of total cost* up to $150
Ceiling insulation................................................ 70%
of total cost* up to $500
Foundation insulation......................................... 70%
of total cost* up to $500
In-wall insulation ................................................70%
of total cost* up to $500
~ Look fOI- the
~ ENERGY STAR label
Room air conditioners (3 max.)
ENERGY STAR rated........................................... $50
Water heaters (40 gallon tank or greater)
Electric: minimum EP = 0.93............................. $50
Natural gas: minimum ER = 0.62........................ $50
Tankless water heaters do not qualify.
1 HSPF-Heating Seasonal Performance Factor
2AFUE-Annual Fuel Utilization Efficiency
3SEER-Seasonal Energy Efficiency Ratio
4COP-Coefficient of Performance
5EF-Energy Factor
'Total Cost = contract labor + equipment + material
~I
How do I qualify?
. Qualifying units must be shown in the current GAMA
(furnaces) and ARI (central air conditioners) directories.
. A home energy audit is required for insulation!
infiltration rebates.
. Water-to-water units must meet the minimum EER
requirement regardless of whether or not the unit is
being used for cooling.
. Geothermal units for swimming pools and hot tubs do
not qualify.
How do I apply?
. Professionaly installed equipment and measures:
Have your dealer send a completed rebate form and
invoice to AIliant Energy-IP&L within 30 days
of installation.
· Self-insta~ equipment and measures:
Complete the appropriate rebate form, attach the UPC
code. and the itemized. dated receipt and send to
Alliant Energy-I P&L within 30 days of installation.
Additional information
. For your free copy of ENERGY STAR's "Do-It-Yourself
Guide to Home Sealing, "caIl1-80Q-723-7635.
. For more detailed information on questions
to ask your insulation contractor, visit
WW\I\I.alliant8nergy. com/insulation.
For additional application and qualification
information, turn to the -How to Apply and
Oualfy- section in the middle of this booklet.
Download and print rebate claim forms at
www.aII8I1t8nergy.com/forma. or call 1-800-723-1835.
(Monday - Friday, 7 a.m. - 6 p.m.).
-
For more information, go to www.amantenergy.com/rebates or call 1.800.723.7635.
Lighting and ceiling fans
Lighting can account for as much as 15 percent of your home's energy usage. You can easily cut
your lighting energy usage by up to 66 percent by installing ENERGY STAR qualified lighting.
ENERGY STAR lighting creates bright, warm light while using two-thirds less energy, generating
70 percent less heat and lasting up to 10 times longer than standard lighting. Not only will you
save on energy costs, but Alliant Energy-IP&L offers you cash back on the purchase price.
C'.:~
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Compact fluorescent
light bulbs (CFLs)
Replace one incandescent light bulb with an energy-efficient
CFL and you'll save $20 in energy costs over the bulb's
lifetime. That's just one bulb - imagine the impact if every
time an incandescent bulb burned out, you replaced it with
a CFL.
Today's CFLs are available in a variety of shapes and sizes,
in addition to the curly pig-tail shape that you commonly
see. CFLs are a smart choice, because they shed the same
amount of light (lumens) as standard incandescent bulbs, but
use much less wattage and energy. Always refer to
the lumen or light output guide on the bulb packaging
for guidance. For example, when replacing a 50-watt
incandescent bulb, choose an l8-watt CFL (both shed
about 800 lumens of light).
Qualifying CFLs (min. of 5, max. of 10 per customer account)
ENERGY STAR ............................... $2 rebate per bulb
Lighting fixtures
ENERGY STAR lighting fixtures combine high perfor-
mance, attractive design and the highest levels of energy
efficiency, which helps you save energy and money.
These fixtures are available in hundreds of popular styles,
including hardwired fixtures such as cabinet-mount,
furniture-mount, indoor ceiling-mount. indoor recessed
canister, indoor suspended downlight. outdoor and
wall-mount.
Qualifying lighting fixtures (max. of 5)
ENERGY STAR................... $20 rebate per light fixture
Note: Alliant Energy-IP&L also offers rebates of $15-30
for high-pressure sodium and metal halide lighting
fixtures. Please call us at 1-800-723-7635 for qualifying
information.
o Look fOl' the
~ ENERGY STAR label
Ceiling fans
ENERGY STAR ceiling fans can save you $15-25 per
year on your electricity bill on operating costs alone
because they move air more efficiently. This savings is
above and beyond the money you'll save on reduced
air conditioning and heating bills. ENERGY STAR ceiling
fans including lighting (required for rebate) use 50
percent less energy than a traditional ceiling fan with
lighting.
Dualifying ceiling fans (max. of 5)
ENERGY STAR................................ $20 rebate per fan
Note: Ceiling fan MUST have an attached ENERGY STAR
pin-type light. Separate light kits do not qualify.
~I
How do I qualify?
. Alliant Energy-IP&L must supply your lighting
electricity. You must purchase new ENERGY STAR
qualified equipment.
. Rebate amounts will not exceed 50 percent of the
cost of the equipment.
How do I apply?
. Complete the rebate form from the middle of
this booklet and include the sales receipt, model
number(s). UPC code(s), and ENERGY STAR
logo cut out from each box and return to Alliant
Energy-IP&L within 30 days of installation.
For additional application and qualHication
infonnation, turn to the -How to Apply and
Qualify- section in the middle of this booldet.
Download and print rebate claim forms at
www.allentenergy.com/forma. or caD 1-800-723-7635.
(Monday - Friday, 7 a.m. - 6 p.m.).
-
For more information. go to www.amantenergy.com/rebate. or call '-800-723-7835.
How to apply and qualify
How to apply
Fill out and return the rebate form(s) and sales receipt(s) or itemized invoice(s) within 30 days
of installation/completion for your selected product or service. Failure to do so will result in a delay
processing your claim. Please note that some products and services may require additional documenta-
tion (like a UPC code or ENERGY STAR logo from a product box). These additional requirements are
noted on each producVservice-specific page in this booklet.
Rebate forms for products and services commonly completed by the homeowner are enclosed in the
middle of this booklet. Rebate forms for products and services that are commonly completed by the
equipment installer can be obtained directly from the place of business. All rebate forms can be
accessed online at www.al/iantenergy.com/forms. In addition, you can call 1-800-723-7635 to have
forms mailed to you.
How to qualify
Products and services from Alliant Energy-IP&L detailed
in this booklet are offered to residential customers of
Alliant Energy-IP&L who reside in Iowa. To qualify, the
product must receive its main source of energy from
Alliant Energy-IP&L. Alliant Energy-IP&L reserves the
right to limit rebate amounts to 50 percent of equipment
purchase price. The programs outlined in this booklet are
effective January 1, 2007 through December 31,2007
and are subject to periodic review and modification by
Alliant Energy-IP&L.
Alliant Energy-IP&L does not guarantee that the installa-
tion of high-efficiency equipment will result in reduced
usage or demand or in cost savings. AIIiant Energy-
IP&L makes no warranties, expressed or impUed,
with respect to any equipment purchased and/or
installed, including, but not limited to, any warranty
of merchantability or fitness for a particular
purpose. In no event shall Alliant Energy-IP&L be
liable for any incidental or consequential damage.
Alliant Energy-IP&L does not endorse any particular
manufacturer, product or system design in promoting
these rebate programs. listing a product does not
constitute an endorsement, nor does it imply that
unlisted products are defective in any way.
Eligibility requirements differ for each energy-efficiency
program. Some programs require equipment installation
by a dealer or builder. Alliant Energy reserves the right
to verify all product and service installations before cash
rebates are issued.
All products and services must be purchased
between January 1,2007 and December 31, 2007
and installed and/or performed by February 28, 2008
to qualify for a rebate.
Claim forms must be submitted within 30 days
of installation. Claim forms postmarked after
March 31,2008 will be denied.
Help families in need
Share the warmth by donating your rebate to Alliant
Energy-IP&L's Hometown Care Energy Fund. Every
dollar of your tax deductible donation will be used
to provide energy assistance to limited-income
families in your area. Plus, Alliant Energy-IP&L
will match your contribution by 25 percent.
Mail all forms and required
documentation to:
Alliant Energy-IP&L
Energy-Efficiency Programs
p.o. Box 351
Cedar Rapids, IA 52406-0351
Or fax all forms and required documentation to:
(319) 786-4746
If you fax in your form(s) and documentation, do
not also mail them in. This will result in delays.
Please anow six to eight weeks for receipt of
your rebate check.
.E]..
Download and print rebate claim forms at
www...lantenergy.com!forrna. or call'....'J23..7635.
(Monday - Friday. 7 a.m. - 6 p.m.).
-
For more information, go to www.aIli8ntenergy.com/rebate. or call 1-800-723-7835.
Low-interest financing
Yes, you can afford to invest in energy efficiency. Low-interest financing from Alliant Energy-IP&L
and Wells Fargo Bank makes it possible. If you qualify, there are no loan fees, no points, no
security liens and most importantly, no down payments. Do the math - see how much energy-
efficient upgrades will reduce your monthly energy bill. The savings may very well pay your
monthly loan payment - and then some.
Qualifying equipment
The energy-efficient equipment listed below qualifies
for low-interest financing. Before making your purchase,
call 1-800-723-7635 to confirm that your selected
equipment qualifies for low-interest financing.
. Air conditioners:
. Central single-speed air conditioners
(min. SEER=14.0)
· Central multi-speed air conditioners
(min. SEER=15.0 or EER=13.0)
. Room air conditioners (ENERGY STAR rated)
. Air-source single-speed heat pumps
(min. SEER=14.0 and HSPF=8.5)
. Air-source multi-speed heat pumps
(min. SEER=15.0 and HSPF=8.5)
. Ceiling fans with pin-type lighting
(ENERGY STAR rated)
. Clock-programmable thermostats
(ENERGY STAR rated)
. Clothes washers (ENERGY STAR rated)
. Compact fluorescent light bulbs
(ENERGY STAR rated)
. Electric water heaters (min. EF=0.93/40 gallons)
. Freezers (ENERGY STAR rated)
. Geothermal heating and cooling systems:
· Ground-source closed loop heat pumps
(min. EER=14.1. COP=3.3)
. Ground-source open loop heat pumps
(min. EER=16.2. COP=3.6)
. Lighting fixtures (ENERGY STAR rated, hardwired)
. Natural gas boilers (min. AFUE=85 percent)
. Natural gas furnaces (min. AFUE=92 percent)
. Natural gas water heaters (min. EF=0.62/40 gallons)
. Refrigerators (ENERGY STAR rated)
. Replacement windows/sashes/doors (ENERGY
STAR rated 0.35 or less U-Factor, doors R-5 or
greater)
Ir!I_
Amount you can borrow
The minimum loan amount is $1,500. The maximum
amount that you can borrow is $25,000. Financing is
limited to the cost of the equipment - installation costs
are not eligible for financing.
Interest rate and terms
The longer the loan term, the higher the interest rate.
Terms range from 0-60 months with the corresponding
fixed APR between 0-6.9 percent. For example, if you
choose a 12-month-or-less loan, you may be able to
borrow funds interest-free, while 60-month loans are at
6.9 percent. The term and interest rate are determined
upon origination of the loan. The term and rate are not
adjustable following closing.
If you qualify for the low-interest financing per
Wells Fargo Bank's requirements, there are no fees
(processing fees, points, down payments or security
liens) to obtain the loan.
Note: A/liant Energy-IP&L is not involved in the loan
approval process. Wells Fargo Bank is an Equal
Housing Lender.
EI..
How do I apply?
. Determine your desired equipment and obtain the
specifications (brand name, model number, size,
and energy use) from your dealer or retailer.
. Call Alliant Energy-IP&L's Energy-Efficiency hotline at
1-800-723-7635 to verify that the equipment meets
our energy-efficiency standards.
. If your equipment qualifies, we'll fax the information
to Wells Fargo Bank. A Wells Fargo Bank represen-
tative will contact you within 48 hours regarding
loan approval.
How do I qualify?
. You must own the property on which the
equipment and/or measures are being installed.
. All equipment financed through this program must
use electricity or natural gas provided by Alliant
Energy-IP&L and must meet minimum energy-
efficiency standards.
Download and print rebate claim forms at
www.allantenergy.com/forms. or call 1-800-723-7836.
(Monday - Friday. 7 a.m. - 6 p.m.).
-
For more information, go to www.811Iantenergy.com/rebate. or call '-800-723-7835.
My Home Comfort Check Up
How energy-efficient is your home? Put it to the test with the free My Home Comfort Check Up.
You'll pinpoint energy waste and see exactly where your energy dollars are going every month.
This do-it-yourself energy audit analyzes your home's energy usage and identifies ways to save. You can
choose the options that fit your needs and lifestyle. There are two easy~to~use versions of My Home
Comfort Check Up - the online version and the paper version (ideal if you wish to take more time).
Just choose the version you prefer and get started.
....
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Sample recommendations
. During the heating months, set your thermostat
at the lowest comfortable level. Lowering the
temperature by just 10 degrees for eight hours
each day can reduce your heating costs by up to
1 0 percent.
. Rinse your dishes with cold water and remember
to use cold water for the garbage disposal.
. Use compact fluorescent lighting in your home
whenever possible. This provides the same amount
of light as traditional incandescent bulbs, but CFLs
use much less energy.
. Have your heating system inspected regularly
- especially if it's natural gas. A $50-100 annual
tune-up can help reduce your heating costs by up
to five percent.
. Seal doors and windows with caulk, weather
stripping and plastic film. An investment of $50 in
weatherizing supplies can reduce heating costs
by two to three times that much. Don't forget the
basement windows!
. Add foam gaskets behind all outlet covers and
switchplates, and use safety plugs in all unused
outlets. These are prime places for outside air to
leak into your home. Be sure to shut off power at
the fuse box or circuit panel first.
If you are interested in a more thorough, professional
exam of your home and energy usage, Alliant Energy-
IP&L also offers the home energy audit (see page 2 for
details). A professional energy-efficiency auditor will
come to your home and analyze your home's structure,
heating and cooling system, insulation levels, kitchen
and laundry appliances, windows, doors and more. The
auditor may install some energy-efficiency measures
(clock-programmable thermostat, faucet aerators, etc.)
on the spot, free of charge.
How do I qualify7
My Home Comfort Check Up is free to all customers of
Alliant Energy-IP&L.
How do I get started7
Online version: Visit www.alliantenergy.com/mhccand
complete My Home Comfort Check Up online. You'll get
instant answers!
Paper version: Download the paper version of My Home
Comfort Check Up at www.alliantenergy.com/mhccor
call 1-800-723-7635 and we'll mail it to you. After you
submit your answers, you'll receive a customized report
via mail in about one week.
For additional application and qualification
Infonnatlon, tum to the -How to Apply and
Qualfy- section In the middle of this booldet.
~I
Download and print rebate claim forms at
www....antenergy.com!forms. or call 1-800-723-7835.
(Monday - Friday, 7 a.m. - 6 p.m.).
-
For more information. go to www.alliantenergy.com/rebate. or call '.800.723.7835.
New Home Construction
If you are building a new home or even just thinking about it, there are dozens of decisions to be
made. Some of the most important decisions you'll make about your new home are things you'll
never see again - the width of the studs, the thickness of the insulation and the style of the roof
trusses. By building an energy-efficient home right from the start, you can save on energy costs
and increase your homes comfort level for years to come.
Through our New Home Construction program, we offer base rebates from $500 - $1,750,
depending on the square footage of your home, and whether or not your home receives
heating and/or cooling energy from Alliant Energy-IP&L. As an extra benefit to you, Alliant
Energy-IP&L offers two rebate options to assist you in efficient building from the start.
Option 1
Alliant Energy Builder
Option Package
Alliant Energy's Builder Option Package provides you
and your builder with a list of prescriptive measures
designed to improve the energy efficiency of new
homes. From windows to lighting, this program helps
you and your builder through the home-building process
and helps ensure the comfort, security and energy
efficiency of your new home. Talk with your builder
or visit www.alliantenergy.com for a complete list of
required measures.
Heating and cooling customers.... ....................... $1,500
Heating only customers... ........................... ........ $1,000
Cooling only customers... ....................................... $500
Geothermal customers.... .............$1,000 plus additional
geothermal rebate detailed on page 7
Rebate amounts will be prorated for homes less than
1,800 square feet in size.
Option 2
ENERGY STARe qualified home
ENERGY STAR qualified homes meet strict guidelines
for energy efficiency set by the U.S. Environmental
Protection Agency. With the help of independent Home
Energy Raters. ENERGY STAR builder partners choose the
most appropriate energy-saving features for their homes.
Additionally. raters conduct on-site testing and inspections
to verify that the homes qualify as ENERGY STAR. Talk
with your builder for additional details on ENERGY STAR
qualified homes. or visit www.energystar.gov.
Heating and cooling customers..............................$1.750
Heating only customers..........................................$1.250
Cooling only customers .............................................$500
Geothermal customers................... $1.000 plus additional
geothermal rebate detailed on page 7
Rebate amounts will be prorated for homes less than
1.800 square feet in size.
Bonus rebates
For homes meeting the requirements of the ABiant
Energy Builder Option Package or ENERGY STAR
qualified home. additional bonus rebates are available.
Bonus rebates reward customers for installing premium-
efficiency heating and cooling equipment, clothes
washers, refrigerators and lighting. Talk with your builder
or visit www.alliantenergy.com for a complete list of
measures and requirements.
How do I qualify?
. Alliant Energy must supply the primary energy for
heating and/or cooling energy to your new home.
For additional application and qualification
infonnation, tum to the -How to Apply and
Oualify- section in the midcle of this booklet.
~ Download and print rebate claim forms at
::- www.allanten.-gy.com/forma. or caR 1-800-723-7835.
I (Monday - Friday, 7 a.m. - 6 p.m.).
-
For more information, go to www.amantenergy.com/rebete. or call '-800-723-7835.
Replacement windows
and doors
Do your doors or windows frost up on cold winter days? Do you feel cold drafts when the wind
blows? These are signs that your doors and windows may need to be replaced with new ENERGY
STAR windows and doors.
[
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Save money and energy.
By replacing single-paned windows with double-paned
ENERGY STAR windows, you can save an estimated
$290 per year in heating and cooling costs in the typical
Iowa home.
Buy with confidence.
Every ENERGY STAR qualified door and window is
independently certified to perform at levels that meet or
exceed strict energy-efficiency guidelines set forth by
the U.S. Department of Energy:
Oualifying doors (5 max.)
ENERGY STAR rated for Northern ................$25 each
climate zone (U-Factor 0.35 or less) or insulating value
of R-5 or greater; min. size of 8 sq. ft. each
Oualifying replacement windows/sashes (3 min.,
may be used in combination with doors to meet min.
requirement)
ENERGY STAR rated for Northern.......$25 window/sash
climate zone (U-Factor 0.35 or less). min. size of
8 sq. ft. each
How do I qualify?
. You must be a residential electric or natural gas
customer of Alliant Energy-IP&L in Iowa.
. Replacement doors and windows must be
installed in a conditioned space where
Alliant Energy-IP&L supplies the primary
heating or cooling energy.
. Replacement doors and windows must be:
. ENERGY STAR rated for the Northern
climate zone
. Certified by the National Fenestration
Rating Council (NFRC)
. A minimum NFRC rating equal to 0.35 or
less U-Factor or R-5 or greater
. You must install and claim a minimum of three
windows/doors to meet minimum requirement.
. New replacement sashes are eligible.
. One window = one opening.
~I
How do I apply?
. Complete the Replacement Doors and Windows
rebate form in the middle of this booklet. attach an
itemized and dated invoice from the contractor or
retailer (include door and/or window manufacturer.
model and size) and send to Alliant Energy-IP&L.
For additional application and qualification
infonnation, tum to the -How to Apply and
Qualify- section in the middle of this booldet.
Download and print rebate claim forms at
www.8IIiIIntenergy.com/forms. or catI1-800-723-783&.
(Monday - Friday. 7 a.m. - 6 p.m.).
~ 2007 ~Iiant Eflergy ECRM158337 71-13448 4107 MJ
For more information on this and other
energy-efficiency programs, give us a call at
1-800-723-7635
Facts and figures referenced in this booklet were found
at the following sources:
www.energystBr.org
www.powerisinyourhBnds.org
www.ssfJ.org,bonsumtH'S
www.eere.energy.gov/consumerinfo
www.eei.orl1
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~ ENERGY.
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C I T Y 0 F lOW A C I T Y I'o-;.or-I
MEMORANDUM
Date:
September
City Counc
d Inspection Services
To:
From:
Re:
Ease of use (usabilit amendments to he International Residential Code
The Council, at its September 18, 2007 meeting, deleted local building code amendments that
would have established requirements for wider doorways, height of electrical switches/outlets,
accessible first floor bathroom, and a zero step entrance. At that meeting, four Council members
expressed interest in requiring only wider doorways (32" clear), height standards for switches
(48" above floor), and outlets (15" above floor).
In response to this, staff recommends that Council consider amending the International
Residential Code at time of its second consideration to require only new dwelling units meet the
"usability" standards of wider doorways and switch/outlet locations. The amendment would
include a provision that allows the homeowner to waive the requirements for a custom built
home, but not the contractor for homes built on speculation. A copy of the proposed amendment
is attached to this memorandum.
This amendment would address the following concerns:
1. "Homeowners should have utmost ability to design their homes."
Comment: The homeowner/customer will have the ability to choose which features
they wish to include and are willing to pay for. In other words, the homeowner can
choose whether or not to waive the "usability" requirements.
2. Elimination of certain architectural styles, such as split level homes.
Comment: Wider doorways and height of electrical outlet switches would have no
impact on architectural style. Also, the homeowner can choose to waive this
requirement.
3. Encourage Education
Comment: In most cases the homeowner, in deciding whether or not to waive the
usability standards, will want to make an informed decision and therefore will seek
information from the contractor, the City, the Homebuilder's Association, internet, etc. In
addition, homes built on speculation will provide an inventory of examples of how
homes can be designed with the type of features included in this amendment.
4. Require only a certain percentage of homes to comply with these standards.
Comment: Under this amendment, only homes built for speculation must comply. The
building division estimates that at least 50% of the homes built annually are "spec-
homes."
September 26, 2007
Page 2
5. Cost of "usability" standards will have a negative impact on housing affordability.
Comment: The homeowner can waive these requirements. This amendment does not
require first floor accessible bath and zero step entrance. The 32" clear width standard
for doors (doesn't include closet doors, etc.) can be obtained at the same cost as
narrower doors, or at most, only a few dollars more per door (i.e., approximately $10
per door). It should also be noted that publicly funded affordable low-income housing
will continue to be required to meet the universal design requirements adopted by
Council in 2002. It is the Housing Authority's experience in constructing affordable
houses that universal design requirements have not negatively impacted affordability.
I believe this amendment meets the goal of improved safety through easier accessibility and
use of our homes, while building in flexibility to allow homeowners to choose whether or not
they want to pay for these changes. At a minimum, homes built on speculation, will provide
examples of good design that incorporate "usability" standards. These "spec-homes" will also
serve the community as models for consumer education and ideas on how to achieve
construction of homes that meet the needs of everyone regardless of their ability or disability.
With this amendment, homes built today will be capable of supp.orting and sustaining our
needs, both now and in the future.
Thank you for your consideration of this matter.
hisadm/mem/HomeAccess9-24-07.doc
Add a new Section as follows:
R325 USABILITY REQUIREMENTS
R325.1 APPLICABILITY
Construction and design provisions of Section R325 shall apply to:
New dwelling units only and not required for existing structures when repairs,
alterations, change of occupancy or additions are implemented or when additional dwelling
units are added.
Exception: Provisions of this code section may be waived by the homeowner of a
custom built dwelling unit. This requirement can not be waived by the contactor for dwelling
units built on speculation.
R325.2 Minimum usability requirements.
1. Interior Doors. All doorways intended for passage through the dwelling
unit shall have a clear opening of at least thirty-two inches (32") nominal width when the
door is open ninety degrees (900), measured between the face of the door and the
opposite stop.
Exception: Closet doors are not required to meet the thirty-two inch (32") clear
open requirement.
Note: A 34" door, hung in the standard manner, provides an acceptable 32"
opening.
2. Switch and Outlet Requirements. All wall switches controlling light
fixtures, fans, all temperature control devices and all receptacles shall be located in an
area between fifteen (15) and forty-eight (48) inches above the finished floor. Height shall
be determined by measuring from the finished floor to the center of the device. When the
control or receptacle placement is prohibited by the height of a window or design feature,
an alternate location may be approved by the Building Official.
Page 1 of2
~9
Marian Karr
From: Nancy Ostrognai [nostrog@inavia.net]
Sent: Monday, October 01, 2007 11 :26 AM
To: Council
Subject: In favor of requirements that doorways be wider and electrical outlets and switches be reachable
This correspondence will become a public record.
In favor of requirements that doorways be wider and electrical outlets and
switches be reachable
Aspects of Universal Design are currently under consideration by the City
Council. If a house is built to Universal design specification, it means that the
homeowner can continue living in their residence despite age, health infirmities
or accident at low-cost because most of the needed modifications would have
already been made. The annoying think about disability is that unless you have
a condition, determined at birth, you don't know if and when you will be disabled
in the future. Hence, you don't know if you will need an accessible dwelling. I
was a healthy 35 year old, two years later I had a brain hemorrhage and I now
use a wheelchair. We initially made a bid on a house that would have been
totally inappropriate had we bought it. Even if one is fortunate enough to go
through life without a health disaster, the normal process of aging leads to
disability for most people.
Another benefit of requiring Universal Design would be that disabled people
would be able to visit more of their friends. If a person who uses a wheelchair
wants to go to a political event at someone's home, a playgroup, a book club, to
play cards, have coffee or tea, or a party they can forget it unless the home
where the event is occurring is accessible. I've been to a half dozen homes in
the past 15 years. In a neighborhood where Universal Design elements are not
incorporated, a person who uses a wheelchair is very isolated. It would be nice
if I could participate more fully in civic life. Requiring elements of Universal
Design in newly built housing would improve the quality of life of persons with
disabilities.
Sincerely,
Nancy Ostrognai
2003 Glendale Road.
Iowa City, Iowa 52245
10/1/2007
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CITY OF IOWA CITY ~
MEMORANDUM
From:
September 21,2007
City Council
Tracy Hightshoe, Associate Planner
CDBG Economic Development Funding Recommendation
Nile Valley Restaurant
Date:
To:
Re:
SUMMA Enterprises LLC d/b/a Nile Valley Restaurant is a new restaurant specializing in Middle
Eastern/Mediterranean food. The restaurant is located at 335 S. Gilbert Street on the ground
floor of a multi-unit complex that consists of 300 apartments. The restaurant hopes to open this
fall.
Employment created by this project will include three full time equivalent positions paid at least
$10.50 per hour available to low-to-moderate income persons. CDBG funds will be used for
working capital. As a condition of the award, the applicant must receive further technical
assistance based on an evaluation by the Small Business Development Center.
The applicant secured a private $50,000 loan for business start-up and equipment costs and will
also invest at least $50,000 into the business. The Council Economic Development Committee
has recommended a $25,000 loan at 4% interest for a maximum term of 7 years. Due to high
owner commitment and investment in the business and the owner's history of paying loan
obligations, the committee recommended funding this business even though the loan will not be
secured. The City will place a lien on business assets; however this will not provide full security
for the loan.
Please contact me with any questions at 356.5244.
Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE
INTERNATIONAL BUILDING CODE, 2006 EDITION, AND THE INTERNATIONAL RESIDENTIAL
CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2006 EDITION, PUBLISHED BY
THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS
THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF
THE CITIZENS OF IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International Building
Code and International Residential Code as published by the International Code Council and to provide for certain
amendments thereof; and to provide for the protection of the health, welfare and safety of the citizens of Iowa City,
Iowa, and to provide for its enforcement.
SECTION II. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following
new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof.
17-1-1: Code Adopted: Subject to the following amendments, the 2006 edition of the International Building
Code (IBC) and 2006 Edition of the International Residential Code (IRC) including Appendix F Radon Control
Methods are hereby adopted and shall be known as the Iowa City Building Code or the Building Code.
Interpretations of the Building Official may be guided by publications of the International Code Council, Inc., or the
International Existing Building Code.
17-1-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the
minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa City. Any
higher standards in the state statute or City ordinance shall be applicable.
17-1-3: Amendments to Code: The following sections of the 2006 edition of the International Building Code
and 2006 edition of the International Residential Code are amended as follows:
A. Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu
thereof the following:
101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to
as "this code."
B. Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu
thereof the following:
105.2 Work Exempt from Permit. A permit shall not be required for the following:
Building
1. One-story detached accessory structures used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed 144 square feet.
2. Fences not over 6 feet (1829 mm) high.
3. Oil derricks.
4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925
L) and the ratio of height to diameter or width does not exceed 2 to 1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any
basement or story below and which are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools which are less than 24 inches deep, do not exceed 5,000 gallons
and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes and not including service
systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372
mm) from the exterior wall and do not require additional support.
13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
14. For structures regulated by the IRe the reapplication of shingles and roof sheathing provided less
than 50% of the sheathing is replaced and other structural alterations are not required.
15. For structures regulated by the IRC reapplication of siding and windows provided:
a. Window opening sizes are not altered and conforming rescue and escape windows are
present in all sleeping rooms.
Ordinance No.
Page 2
b. Property is not located in a Historic Preservation Overlay Zone, or a Conservation District
Overlay Zone, or is not an Iowa City Historic Landmark.
Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be required for
the above-exempted items. Exemption from the permit requirements of this Code shall not be deemed to grant
authorization for any work to be done in a manner in violation of the provisions of this Code or any other laws or
ordinances of this jurisdiction.
C. Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a
sentence to the end as follows:
In no case shall the permit be effective unless the work covered by the permit is completed within 24
months of the date on which the original permit was issued.
D. Section 105.9 of both the IBC and IRC. Add two new Sections 105.9 and 105.9.1 to the IBC and R105.9
and R105.9.1 to the IRC as follows:
105.9 Demolition permits required. A demolition permit shall be required as follows:
1. For the removal of any building or structure.
2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim,
dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District
Overlay Zone, or is an Iowa City Historic Landmark.
105.9.1 Requirements. The applicant for any demolition permit shall state on the application the
proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working
days after the date an application has been properly filed and said demolition permit shall not be effective until
applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the
City; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance and having no
historic significance and dangerous buildings shall be exempt from said notice and waiting requirement.
E. Section 107.3 of both the IBC and IRC. Amend Section 107.3 of both the IBC and IRC as follows:
107.3 Temporary power: Replace the words" ICC Electric Code" with Iowa City Electric Code.
F. Section 108.2 of both the (BC and IRC. Delete Section 108.2 in the IBC and IRC and insert in lieu thereof
the following:
108.2 Permit Fees and Valuations. The fee for any permit shall be as set forth in the building permit fee
schedule as established by resolution of the City Council. The determination of value or valuation under any of the
provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit
and building plan review fees shall be the total value of all construction work for which the permit is issued, as well
as all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other permanent equipment.
The value to be used in computing the value of construction for reports shall be the total value of all construction
work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air
conditioning, site grading, paving, landscaping, elevators, fire extinguisher systems and other permanent
equipment.
G. Section 108.3 of both the IBC and IRC. Delete Section 108.3 in both the IBC and IRC and insert in lieu
thereof the following:
108.3 Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and
the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be
paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan
review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set
forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section
108.2 and are in addition to permit fees.
H. Section 108.4 of the IBC and IRC: Delete Section 108.4 in the IBC and IRC and insert in lieu thereof
the following:
108.4 Work commencing before permit issuance: Any person who commences work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject
to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a
permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions
of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is
demonstrated that an emergency existed that required the work to be done without a permit.
I. Section 108. 5 of the IRC: Delete Section 108.5 in the IRC and insert in lieu thereof the following:
R108.5 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
J. Section 108.6 of the IBC: Delete Section 108.6 in the IBC and insert in lieu thereof the following:
108.6 Refunds: The Building Official may authorize the refunding of any fee paid hereunder which was
erroneously paid or collected. The Building Official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
Ordinance No.
Page 3
K. Section 109.3.5 of the IBC. Delete Section 109.3.5 in the IBC.
L. Section 109.3.7 of the IBC. Delete Section 109.3.7 in the IBC.
M. Section 112 of both the IBC and IRC. Delete Section 112 in both the IBC and the IRC and insert in lieu
thereof the following:
Section 112 Appeals: See TITLE 17 CHAPTER 12 Appeals in the City Code.
N. Section 202 of both the IBC and IRC. Add new definitions as follows:
Family: See Section 14-9A Zoning Definitions in the City Code.
P. Section 202 of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the
end of the definition of habitable space or room to read as follows: Basement areas finished to a degree to
encourage their use as anything other than storage or mechanical rooms shall be considered habitable space.
Q. Section 202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following:
ACCESSORY STRUCTURE. See Title 17 Chapter 9 Definitions in the City Code.
R. Table R301.2 (1) Modify by inserting data in the table as follows:
Ground Wind Seismic Subject to Damage From
Snow Speed Design Frost Line
Load (mph) Category Weathering Depth Termite Decay
25 90 A Severe 42" Moderate Slight
Heavy Moderate
Ice Flood Hazards
Winter Shield Mean
Design Underlay Firm Air Freeze Annual
Temp. Required NFIP Maps Index Temp.
_50 F Yes 5-22-77 2-16-07 2000 500 F
S. Section R305.1 of the IRC. Modify by adding a 5th exception as follows:
5. Ceiling height may be reduced to six (6) feet eight (8) inches for main support beams and
mechanical ducts provided the prescribed ceiling height is maintained in at least two-thirds e/3) of the room.
T. Section R310.1 of the IRC. Modify by deleting the exception and adding a new exception as follows:
Exception: For emergency escape and rescue openings required for the remodeling or finishing of
space in an existing basement, the maximum sill height may be measured from an elevated landing not less
than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24
inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it
serves.
U. Section 310.1 of the IBC. Modify the second paragraph of R-4 to read as follows:
Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3 except
as otherwise provided for in this code.
v. Section R311.5.2. of the IRC. Add an exception as follows:
EXCEPTION: Structures that existed prior to 8/28/02 (adoption of the 2000 IRC) shall be allowed 6'-6"
headroom.
W. Section R322 of the IRC. Delete Section R322 in the IRC and add a new section as follows:
R322 ACCESSIBILITY
R322.1 Scope. The provisions of this section are enacted to implement the City's policy that structures
regulated by this Code constructed with public funds be constructed using universal design features that provide
accessibility and usability for all.
Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the
following means:
1. a building contract or similar contractual agreement involving a City-funded program or fund;
2. any real estate received by the owner through a subsidy, lease, or donation by the City or its
agents;
3. preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages
from the City or its agents;
4. disbursement of federal or state construction funds including a Community Development Block
Grant; or
5. a City contract to provide funding or a financial benefit for housing.
R322.2 Minimum accessibility requirements for all dwelling units using public funds.
1. Wall Reinforcement. One first floor bath shall be provided with wood blocking installed within wall
framing, to support grab bars as needed. The wood blocking, when measured to the center, shall be located
Ordinance No.
Page 4
between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking shall be
located in all walls adjacent to a toilet, shower stall or bathtub.
2. Interior Doors. All first floor doorways shall provide a minimum clear opening of thirty-two inches
(32") when the door is open ninety degrees (900), measured between the face of the door and the opposite stop.
3. Switch and Outlet Requirements. All wall switches controlling light fixtures and fans, shall be
located at a height not to exceed fort-eight inches (48") above the finished floor. Height shall be determined by
measuring from the finished floor to the center of the switch. All receptacles shall be located at a height not less
than fifteen inches (15") above the finished floor. Height shall be determined by measuring from the finished floor to
the center of the receptacle. When the receptacle placement is prohibited by the height of a window or design
feature, an alternate location can be approved by the Building Official or a duly authorized designee.
4. No-Step Entrance. Must provide at least one building entrance that complies with the Iowa City
Building Code standard for an accessible entrance on an accessible route served by a ramp or a no-step entrance.
A building entrance door must have a minimum net clear opening of thirty-two inches (32"). The Building Official
may waive this requirement based on the determination that strict compliance is financially or environmentally
impractical.
X. Section R324 of the IRC. Delete section R324 of the IRC and insert in lieu thereof the following:
Section R324. See Section 14-5J Flood Plain Management Standards in the City Code.
Y. Section R403.1.4.1 of the IRC. Modify by deleting all exceptions and inserting in lieu thereof the
following:
Exceptions:
1. One story detached accessory buildings of wood or steel frame construction not used for human
occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using slab on
grade construction as follows. The slab shall be three and one half inches thick, poured monolithically with
thickened perimeter footings extending twelve inches (12") below finish grade and be sixteen inches (16") wide
at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of
the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed
reinforcing bars at twenty four inches (24") on center each way or fiber mesh reinforced concrete.
2. One-story wood or metal frame building not used for human occupancy and not over 200 square
feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved
by the building official.
3. Decks not supported by a dwelling need not be provided with footings that extend below the frost
line.
Z. Section R404.1.2 of the IRC. Modify Section R404.1.2 by adding a second paragraph as follows:
Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter
deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar
located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid-height of
the wall provided the wall height does not exceed eight feet (8').
AA. Section R404.1.3 of the IRC. Modify by adding an exception after number 2 as follows:
EXCEPTION: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout
basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or
constructed in accordance with the table and diagrams as follows:
Ordinance No.
Page 5
s = Span Wall r -- -- , LOWER LEVEL WALK
T = Thickness T-----..... ~' I I i
I
I I !
I .
, I I i
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I T '" 8" & 12" Foundation Walls /'
I Provide corner bars to match Provide corner bars to match I II
I horizontal foundation wall horizontal foundation wall I II
I reinforcing into span wall 2'-0" reinforcing into span wall 2'-0" I I
l ~I
(5) Span (T) Wall Thickness Horiz. Reinf. 2 Corner Bar (GB) 1.2 I
I I
10' or less 8" #4 @ 12" 2'-0" I
10' to 12' 8" #5 @ 12" 2'-6"
12' to 14' 8" #6 @ 12" 3'-0.
14't016' 12" #5 @ 12" 2'-6"
16' to 18' 12" #6 @ 14" 3'-0'
; 18' to 20' 12" #6 @ 12" 3'-0"
~
Notes: 1. Corner Bars are in addition to required horizontal reinforcing.
2. All reinforcing splices shall be lapped a minimum of 24 diameters of the reinforcing used. ,
3. If tributary span is greater than 16'-0", the minimum dimension shall be 6'-0" I
(tributary span = one-half (y,) of two adjoining spans). I
I Frost Wall & Footina '" I
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r~
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FOUNDATION PLAN:
OUT
KEY: C.B. = Corner Bars
Ordinance No.
Page 6
T
....:.
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2" Minimum Inside Face of
Wall to edge of reinforcing
See Schedule for
Horizontal Reinforcing
#4 Reinforcing Vertical
30" O.C. Typical
#4 Reinforcing Dow
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Ordinance No.
Page 7
BB. Section 501.2 of the IBC. Modify by adding to the end of the section as follows:
From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum
stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a
minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an
additi,onal2 inches in height. Measurements to determine the minimum number size shall be measured from the
approved address location to the center line of the street for which the premises is addressed.
CC. Section R613.2 of the IRC. Delete Section R613.2 of the IRC.
DD. Section R703.2 of the IRC. Modify as follows:
Delete the exception in its entirety.
EE. Section 708.1 of the IBC. Modify by adding an additional numbered sentence as follows:
7. Walls separating dwelling units from other occupancies in the same building.
FF. Section 711.3 of the IBC. Modify by deleting the first paragraph and insert in lieu thereof the following:
The fire-resistance rating of floor and roof assemblies shall not be less than that required by the
building type of construction. Where the floor assembly separates mixed occupancies, the assembly shall have a
fire-resistance rating of not less than that required by Section 508.3.3 based on the occupancies being
separated. Where the floor assembly separates a single occupancy into different fire areas, the assembly shall
have a fire-resistance rating of not less than that required by Section 706.3.9. Floor assemblies separating
dwelling units in the same building or sleeping units in occupancies in Group R-1, hotel occupancies, R-2 and 1-1
shall be a minimum of 1-hour fire-resistance-rated construction. Floor assemblies separating other occupancies
from dwelling units in the same building or sleeping units in occupancies in Group R-1, hotel occupancies, R-2
and 1-1 shall be a minimum of 1-hour fire-resistance- rated construction.
GG. Section R807.1 of the IRC. Delete section R807.1 and insert in lieu thereof the following:
807.1 Attic access. In buildings with combustible ceilin~ or roof construction, an attic access opening
shall be provided to attic areas that exceed 30 square feet (2.8m ) and have a vertical height of 30 inches (762
mm) or greater. The opening shall be located in a corridor, hallway, or other readily accessible location. The
opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location.
Attics with a maximum vertical height of less than thirty inches need not be provided with access openings.
The clear opening shall not be less than twenty inches (20") by thirty inches (30"). Thirty inches (30") minimum clear
headroom in the attic space shall be provided at or above the access opening.
HH. Section 903.2.1.2 of the IBC. Delete section 903.2.1.2 and insert in lieu thereof the following:
903.2.1.2
A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the
following conditions exist:
1) The fire area exceeds 5,000 square feet; or
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
B. Existinq Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007.
An automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following conditions
exists:
1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL shall comply by
July 1, 2010.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the
level of exit discharge and has an ABDL shall comply by July 1, 2013; or
3) Group B Occupancies located on a floor other than the level of exit discharge and which
have an ABDL shall comply by July 1, 2013; or
4) Group A-2 Occupancies with an occupancy load of 100 or more that have an ABDL and are
not regulated in B1 or B2 above, provided:
There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or
equitable ownership interest, except that the owner may show to the building official's satisfaction that said
change in ownership is one of form and not substance.
Exemption: Single business occupancies in single story nonabutting buildings.
II. Section 903.2.1.3 of the IBC. Delete exception without substitution.
JJ. Section 903.2.1. 4 of the IBC. Delete exception without substitution.
KK. Section 903.2.1.6 of the IBC. Add a new Section 903.2.1.6 as follows:
Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions
thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a
renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be
provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B
occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit
discharge.
Ordinance No.
Page 8
LL. Section 903.4.2 of the IBC. Delete the section 903.4.2 of the IBC and replace with:
903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly
above the fire department connection between seven (7) and ten (10) feet in height above grade. The
water-flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the
smallest orifice size installed in the system. Approved and supervised audible visual notification
appliances shall be installed on each level of the interior of the building as required by the fire code
official and NFPA 72.
MM. Section 903.6 of the IBC. Add a new Section 903.6 to the IBC to read as follows:
903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or
NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor.
NN. Section 907.2 of the IBC. Delete the section and replace with:
907.2 Where required. An approved and addressable manual, automatic, or manual and automatic
fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new
buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification
in accordance with 907.9, unless other requirements are provided by another section of this code. Where
automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and
connected to the building fire alarm system, automatic heat detection required by this section shall not be
required.
The automatic fire detectors shall be smoke detectors. Where ambient conditions prohibit installation
of automatic smoke detection, other automatic fire detection shall be allowed.
00. Section 907.2.1 of the IBe. Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu
thereof the following exceptions:
EXCEPTION:
1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes
are not required where the building is equipped throughout with an automatic sprinkler system and the alarm
notification appliances will activate upon sprinkler water flow.
2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies
with and occupant load of 200 or more. Activation of the fire alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot-candles over the area of the
room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
PP. Section 907.2.3 of the IBC. Modify by adding a sentence to the end of the first paragraph as follows:
New and existing educational occupancies shall have a monitored fire alarm system.
QQ. Section 907.2.3 of the IBC. Modify by adding a 4th exception as follows:
4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm
system unless required elsewhere in the code.
RR. Section 907.2.10.1.2 of the IBC. Modify by adding a fourth location requirement as follows:
4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of
all stairway enclosures in Group R-2, R-4 and 1-1 Occupancies. In corridors, detectors shall be located within fifteen
(15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor
length or spaced as allowed by the fire code.
SS. Section 907.2.12.3 of the IBC. Delete Section 907.2.12.3 and replace with:
907.2.12.3 Fire department communication system. Where required. No person shall erect,
construct, maintain or modify any building or structure or any part thereof, or cause the same to be done which
fails to support adequate radio coverage for City of Iowa City public safety services, including but not limited to
police, fire, and public works departments.
TT. Section 907.2.12.3.1 of the IBC. Add a Section 907.2.12.3.1 to read as follows:
907.2.12.3.1 AMPLIFICATION SYSTEMS ALLOWED
Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio
coverage:
1) A radiating cable system or
2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as
needed to encompass the frequency range stated below or frequency range subsequently established by the
City of Iowa City.
3) A system that has been approved by the City of Iowa City as being capable of providing
amplification to meet this ordinance requirements.
UU. Section 907.2.12.3.2 of the IBC. Add a Section 907.2.12.3.2 to read as follows:
907.2.12.3.2 System Requirements:
1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to
860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater). The system
Ordinance No.
Page 9
must be capable of encompassing the frequencies stated herein and capable of future modifications to a
frequency range subsequently established by the City of Iowa City.
2) All system components must be 100 percent compatible with analog and digital modulations
after installation without additional adjustments or modifications.
3) Mandatory use of FCC certificated equipment is required.
4) If any part of the installed system or systems contains an electrically powered component, the
system shall be capable of operating on an independent battery and/or generator system for a period of at least
twelve (12) hours without external power input. The battery system shall automatically charge in the presence of
an external power input.
5) Signal levels, percentage of coverage and reliability percentage.
a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of
each floor of the building when transmitted from the City of Iowa City Communications Center; and
b. A minimum signal strength of one (1) microvolt [-107 dBm] received at the City of Iowa City
Communications Center when 'transmitted from 95% of the area of each floor of the building, via portable radio
with public safety microphone; and
c. A 95% reliability factor.
6) The installation of equipment as stated above can not be detrimental to the operation of the
Public Safety Radio System.
7) Testing procedures.
a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy
shall not be issued to any structure if the building fails to comply with this section.
b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with
inspection procedures.
W. Section 907.3 of the IBC. Modify by adding a sentence to the end of the section to read as follows:
Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire
alarms, the code official is authorized to modify the requirements for manual fire alarm boxes.
WW. Section 907.8 of the IBC. Modify by deleting the exception and inserting in lieu thereof the following
exception:
Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and
shall provide a sprinkler control valve and waterflow device for each floor.
XX. Section 907.8.3 of the IBC. Add a section to read as follows:
Section 907.8.3 Zone and address location labeling. Fire alarm and/or annunciator panels shall have
all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an
easily readable map of the building.
YV. Section 907.14 of the IBC. Modify Section 907.14 by adding two sentences to the end as follows:
Each address point identification, shall have an alpha/numeric descriptor location. Alpha/numeric
descriptor locations are required to be reported to the Iowa City Emergency Communications Center upon activation
of supervisory and/or alarm conditions as specified by the fire code official.
ZZ. Section 910.3.2.2 of the IBC. Delete section and replace with:
Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat
vents shall be designed to operate automatically by actuation of a heat-responsive device rated at least 100
degrees F (38 degrees C) above the operating temperature of the sprinkler.
Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1.
AM. Section 912.6 of the IBC. Add a new section to read as follows:
912.6 Size. Minimum fire department connection size shall be 2 ~ inch National Standard Thread.
BBB. Section 1009.2 of the IBC. Modify by adding the number 1 to the exception and adding a second
exception as follows:
EXCEPTION:
1. Spiral stairways complying with Section 1009.9 are permitted a 78-inch (1981 mm) headroom
clearance.
2. Stairs within individual dwelling units of Residential Group R occupancies that existed prior to
8/28/02 (adoption of the 2000 IRC) are permitted a 78-inch headroom clearance.
CCC. Section 1009.10. Exception 4 and 5 of the IBC. Modify by deleting exceptions 4 and 5 and insert in lieu
thereof the following:
4. In Group R-3 occupanci.es, a change in elevation consisting of three or fewer risers at an
entrance or egress door does not require handrails.
5. Changes in room elevations of three or fewer risers within dwelling units and sleeping units in
Group R-2 and R-3 occupancies do not require handrails.
ODD. Section 1020.1.1 of the IBC. Modify Section 1020.1.1 by adding a sentence to the third unnumbered
paragraph as follows: Fire door assemblies in exit enclosures of R-2 occupancies shall also be automatic closing bywactuation of a smoke detector.
Ordinance No.
Page 10
EEE. Section 1025.2 of the IBC. Modify by amending the exception by numbering it "1," and by adding a
second exception as follows:
EXCEPTION:
1) In assembly occupancies where there is no well-defined main exit or where multiple main exits
are provided, exits shall be permitted to be distributed around the perimeter of the building provided that the total
width of egress is not less than 100 percent of the required width.
2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than
two-thirds of the total occupant load.
FFF. Section 1026.1 of the IBC. Modify by deleting the exceptions and insert in lieu thereof the following:
EXCEPTIONS:
1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium
in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the
dwelling unit or sleeping room has a means of egress that is not open to the atrium.
2. High-rise buildings in accordance with Section 403.
3. Emergency escape and rescue openings are not required from basements or sleeping rooms
that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit
balcony that opens to a public way.
4. Basements without habitable spaces and having no more than 200 square feet in floor area shall
not be required to have emergency and escape windows.
GGG. Section 1026.1.1 of the IBC. Add a new Section 1026.1.1 in the IBC as follows:
1026.1.1 Location. The emergency escape and rescue opening in a non-habitable basement shall be
located a reasonable distance from the internal access point. This distance shall not be less than one-half (1/2)
of the distance from the bottom of the interior stairs to the most remote exterior wall.
HHH. Section 1026.3 of the IBC. Modify by adding an exception as follows:
EXCEPTION: For emergency escape and rescue openings required for the remodeling or finishing of
space in an existing basement, the maximum sill height may be measured from an elevated landing not less
than 36 inches wide, not less than 18 inches out from the interior finish of the exterior wall and not more than 24
inches in height. The landing shall be permanently affixed to the floor below and the wall under the window it
serves.
III. Section 1026.4 of thelBC. Delete Section 1026.4 and insert in lieu thereof the following:
1026.4 Operational constraints. Emergency escape and rescue openings shall be operational from
the inside of the room without the use of keys, tools, special knowledge or effort. Bars, grilles, grates or similar
devices are permitted to be placed over emergency escape and rescue openings provided the minimum net
clear opening size complies with Section 1026.2 and such devices shall be releasable or removable from the
inside without the use of a key, tool or force greater than that which is required for normal operation of the
escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings,
smoke alarms shall be installed in accordance with Section 907.2.10 regardless of the valuation of the alteration.
JJJ. Section 1026.6 of the IBC. Add a new Section 1026.6 to the IBC to read as follows:
Section 1026.6. Emergency escape windows under decks and porches. Emergency escape windows
are allowed to be installed under decks and porches provided the location of the deck allows the emergency
escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court.
KKK. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following:
Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons with
disabilities as required by 661-302 of the Iowa State Administrative Code.
LLL. Section 1207 of the IBC. Modify by deleting Section 1207 in its entirety.
MMM. Section 1209.2 of the IBC. Modify by deleting Section 1209.2 in its entirety and insert in lieu thereof the
following:
1209.2 Attic spaces. In buildings with combustible ceiling or roof construction, an attic access opening
shall be provided to attic areas that exceed '30 square feet (2.8m2) and have a vertical height of 30 inches (762
mm) or greater. The opening shall be located in a corridor, hallway, or other readily accessible location. The
opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location.
Attics with a maximum vertical height of less than thirty inches need not be provided with access openings.
NNN. Section 1403.5 and 1403.6 of the IBC. Delete Section 1403.5 and 1403.6 of the IBC and insert in lieu
thereof the following:
Section 1403.5. See TITLE 14, CHAPTER 5, ARTICLE J Flood Plain Management Standards in the City
Code.
000. Section 1405.12.2 of the IBC. Delete Section 1405.12.2 of the IBC.
PPP. Section G2406.2 (303.3) Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4.
QQQ. Section G2415. (404.2) Prohibited locations of the IRC. Modify by deleting the last sentence.
RRR. Part VII Plumbino, Chapters 25 throuoh 32 inclusive of the IRC. Delete Part VII Plumbing Chapters 25
through 32 inclusive of the IRC and insert the following:
Part VII Plumbing, Chapter 25
Ordinance No.
Page 11
Section P2501 GENERAL
P2501.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code.
SSS. Chapter 27 of the IBC. Delete Chapter 27 of the IBC 'and insert the following:
Chapter 27 Electrical
Section 2701.1 Scope. Electrical systems shall comply with Title 17, Chapter 3, of the Iowa City Code.
TIT. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following:
Chapter 29 Plumbing Systems
Section 2901.1 Scope. Plumbing systems shall comply with Title 17, Chapter 2, of the Iowa City Code.
UUU. Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following:
3002.4 Elevator car to accommodate ambulance stretcher.
In buildings four or more stories above grade plane or four or more stories below grade plane, at least
one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of
such a size and arrangement to accommodate a 24-inch by 84-inch (610 mm by 1930 mm) ambulance stretcher
in the horizontal, open position and shall be identified by the international symbol for emergency medical services
(star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of
the hoistway door frame.
VW. Part VIII Electrical. Chapters 33 throuqh 42 inclusive of the IRC. Delete Part VIII Electrical Chapters 33
through 42 inclusive of the IRC and insert the following:
Part VIII Electrical, Chapter 33
Section E3301 GENERAL
E3301.1 Applicability. Electrical systems shall comply with Title 17, Chapter 3. of the Iowa City Code.
WWW. Section 3410.2 of the IBC. Delete the first sentence of Section 3410.2 and insert in lieu thereof the
following:
3410.2 Applicability. Structures existing prior to effective date of this ordinance and in which there is
work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of
this section or the provisions of Sections 3403 through 3407.
17-1-4: PENALTIES FOR VIOLATION: Violation of this chapter shall be a municipal infraction punishable by a
penalty as provided for in subsection 1-4-2D of this code.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval, and
publication as provided by law.
Passed and approved this _ day of .20_.
MAYOR
ATTEST:
~RK
Al1 '0' bY.
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City Attorney's Office
hisbdg/ord/2006bldgcodes/2006 (Be IRC(2).doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9/18/2007
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 10/2/2007
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn. NAYS: None. ABSENT: None.
Date published
I -
Prepared by: Tim Hennes & Bernie Osvald, HIS, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, OF THE IOWA CITY CODE OF
ORDINANCES, BY ADOPTING THE 2006 EDITION OF THE UNIFORM PLUMBING CODE, WITH
CERTAIN AMENDMENTS, TO REGULATE THE PRACTICE, MATERIALS AND FIXTURES
USED IN THE INSTAlLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL
PIPING, FIXTURES, APPLIANCES AND APPURTENANCES IN CONNECTION WITH VARIOUS
PLUMBING SYSTEMS, TO PROVIDE FOR THE ISSUANCE OF PERMITS AND INSPECTION OF
PLUMBING INSTAlLATIONS AND THE COLLECTION OF FEES, AND TO PROVIDE
PENAlTIES FOR VIOLATIONS.
Be it ordained by the Council of the City of Iowa City, Iowa:
SECTION I. SHORT TITLE. This ordinance shall be known as the Iowa City Plumbing Code, or
Plumbing Code, and may be so cited.
, SECTION II. PURPOSE. It is the purpose of this ordinance to adopt the 2006 Edition of the Uniform
Plumbing Code as prepared and edited by the International Association of Plumbing and Mechanical
Officials, and to provide certain amendments thereof; to provide for the protection of the health, welfare, and
safety of the citizens of Iowa City, Iowa; to provide for the enforcement of the Plumbing Code; and to provide
penalties for violations of the Plumbing Code.
SECTION III. SCOPE. This ordinance shall apply to and govern plumbing, as defined in the Plumbing
Code, including the practice, materials and fixtures used in the installation, maintenance, extension and
alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following:
sanitary drainage or storm drainage facilities, the venting system, and the publiG or private water-supply
systems, within or adjacent to any building or other structure, or conveyance; also the practice and materials
used in the installation, maintenance, extension or alteration of the stormwater, liquid wastes or sewerage
systems, and water supply systems of any premises to their connection with any point of public disposal or
other acceptable terminal.
SECTION IV. ADOPTION OF PLUMBING CODE.. Section 17-2 in its entirety of the Iowa City Code is
hereby repealed and the following new Section 17-2 is added.
17-2-1: CODE ADOPTED: Subject to the amendments described in Section 17-2-2 below, Chapters 1
through 16 of the 2006 Edition of the Uniform Plumbing Code promulgated by the International Association of
Plumbing and Mechanical Officials are hereby adopted and shall be known as the Iowa City Plumbing Code
or the Plumbing Code.
17-2-2: AMENDMENTS TO CODE: The Plumbing Code adopted by Section 17-2-1 of this Code is
hereby amended as f~lIows:
Delete Section 101.5.6 in its entirety and insert in lieu thereof the following:
101.5.6 Moved Buildings. Plumbing systems which are part of buildings or structures moved within or
into this jurisdiction shall comply with the provisions of this Code for new installations except as provided
for in Section 103.5.5.2.
Delete Section 102.3.1 in its entirety and insert in lieu thereof the following:
102.3.1 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing or permit
the same to be done in violation of this Code. Violation of any provision of this ordinance is a municipal
infraction.
Delete Section.102.3.2 in its entirety.
Delete Section 103.1.1 in its entirety and insert in lieu thereof the following:
103.1.1 Permits Required. It shall be unlawful for any person, firm or corporation to make any installation,
alteration, repair, replacement or remodel any plumbing system or fire sprinkler system regulated by this
Code except as permitted in Section 103.1.2, or to cause the same to be done without first obtaining a
separate plumbing permit for each separate building or structure.
Ordinance No.
Page NO.2
Add Section 103.1.2.3
103.1.2.3 The replacement or removal and reinstallation of any fixture or appliance, provided, however,
that the fixture or appliance is installed at the same location and it is not necessary to remove, replace,
alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to
grant authorization for any work to" be done in violation of the provisions of the Code or any other laws or
ordinances of this jurisdiction.
103.1.3 Licensing
See Section 14-5L
103.2 Application For Permit
Add Section 103.2.4 Qualifications of Permittee:
1. A permit may be issued to any person holding a valid master plumber license issued by the City or to
any plumbing company which employs a duly licensed master plumber on a full-time basis.
2. A permit may be issued to the owner of an existihg owner-occupied single-family dwelling, pursuant to
a valid certificate of occupancy and used exclusively for residential purposes, to do any work
~egulated by this Article in connection with said dwelling and accessory buildings. The owner must
personally purchase all material and perform all labor in connection therewith. All work shall comply
with this Article.
3. A permit may be issued to the holder of a valid sewer and water service installer's license for the
installation of a building sewer and water service only.
4. A permit may be issued for the installation of gas piping to any person holding a valid gas pipe
installer's license issued by the City or to any company which employs a duly licensed gas pipe
installer.
5. A permit may be issued to the holder of a valid fire sprinkler installer's license for the installation of fire
sprinkler systems provided the licensee is employed by a fire sprinkler contractor with either at least
one NICET Level III certified person or an engineer licensed in the State of Iowa with experience in
fire protection sprinkler systems on staff.
Add Section 103.2.5 insurance Required: Before a permit to perform plumbing work may be issued, the
applicant shall have on file with the Authority Having Jurisdiction a copy of a certificate of insurance
stating the liability amounts established by resolution of the City Council, and the City shall be named as
an additional insured. The policy shall also provide for at least thirty (30) calendar days' notice by the
insurer to the City of termination of the policy by the insured or insurer. Plumbing permits issued under
Subsection 103.2.4-2 shall be exempted from this insurance requirement.
103.4 Fees
Delete Sections 103.4.1 and 103.4.2 and add Section 103.4 as follows:
103.4 Fees: All applicants shall pay the proper permit and inspection fees as established by resolution of the
City Council.
"'
103.4.4 Investigation Fees: Work Without a Permit.
Delete Section 103.4.4 in its entirety and insert in lieu thereof the following:
103.4.4 Work commencing before permit issuance: Any person who commences work on a
building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to a fee equal to the amount of the permit if a permit were issued. This fee
shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any
person from compliance with all other provisions of this Code or from any penalty prescribed by law.
Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that
required the work to be done without a permit.
103.4.5 Fee Refunds.
Delete Section 103.4.5 in its entirety and insert in lieu thereof the following:
103.4.5 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected.
The Building Official shall not authorize the refunding of any fee paid except upon written application
filed by the original permittee within one hundred eighty (180) days from the date of fee payment.
Ordinance No.
Page No.3
Add Section 103.9 Appeals
Any person aggrieved by a decision of the Building Official with regard to the Plumbing Code may file an
appeal as provided in Section 17-12 Appeals.
Section 202.0
Section 202.0 is amended by adding the following definitions:
Fire Sprinkler Installer - any person licensed to install only fire sprinkler systems.
Gas pipe Installer - any person licensed to install only the piping to distribute fuel gas from the gas meter
to the gas outlets.
Plumber, apprentice -any person who works under the supervision and guidance of a skilled journeyman
or contractor for the purpose of learning the plumbing trade.
Plumber, Inactive -any licensed plumber who is not currently employed nor actively participating in the
plumbing trade.
Plumber, journeyman -any properly licensed person who is allowed to install plumbing only under the
employ of a master plumber.
Plumber, master -any properly licensed person who undertakes or offers to undertake, plan for, layout,
supervise or perform plumbing work with or without compensation.
Sewer and water service installer -any person licensed to install only the building sewer and that portion
of the building drain from outside the building wall to just inside the building wall and the water service from
the water main to the building water meter.
Section 412.0
Delete Section 412.1 through 412.3 and Table 4-1 in its entirety and insert in lieu thereof the following:
412.1 Every building intended for human occupancy shall be provided with sanitary facilities as required by
this Section and Table 4-1. The occupan~ load used to determine the minimum number of sanitary fixtures
shall be the occupant load established by the 2006 International Building Code in Section 1004 and Table
1004.1.1. The established occupant load shall be assumed to be one-half (~) male and one-half (%) female
unless sufficient evidence to the contrary is supplied to the Authority Having Jurisdiction.
Exception: When toilet facilities are provided for employees only, the occupant load shall be the actual
number of employees on the largest shift.
412.2 Buildings with the total occupant load of less than sixteen (16) may provide the required fixtures in a
unisex restroom. Urinals need not be provided in unisex restrooms. Buildings with an occupant load of
sixteen (16) or more shall provide separate facilities for each sex.
Ordinance No.
Page No.4
Fixtures Per Person 1
Type of Buildinr! Water Closets/Urinals9 Lavatories6 Bathtubs Drinking3
or Occupancy or Fountains
. Showers
Male 1 Female Male T Female
For employee or staff use in all 1 :1-15 1:1-15 1 for each 2 water closets 1 :30-150
occupancies except industrial 2:16-35 2:16-35 or urinals And one for
warehouses, workshops, facto- 3:36-55 3:36-55 each
ries, foundries and similar es- additional
tablishments. 300 persons
Over 55, add 1 fixture for each
additional 40 persons.
For employee or staff use in in- 1 :1-10 1:1-10 1 for each 2 water closets 1 per 150
dustrial warehouses, work- 2:11-25 2:11-25 or urinals
shops, factories, foundries and 3:26-50 3:26-50
similar establishments. 4:51-75 4:51-75
5:76-100 5:76-100
Over 100, add 1 fixture for each
additional 30 persons
For public use within 1:1-30 1 :1-15 1:1-75 1 :1-30
Assembly places, Le. 2:31-75 2:16-30 2:76-200 2:31-100 1: 1-150
theaters, auditoriums, etc. 3:76-125 3:31-50 3:201-400 3:101-200
4:126-200 4:51-100 4:201-300 2: 151-400
5:201-300 5:101-150 5:301-400 3: 401-750
6:301-400 6:151-200
7:201-250 and one
8:251-300 additional
9:301-350 fixture for
10:351-400 each
additional
. 500 persons
Over 400, add Over 400, add Over 400, add 1 fixture per
1 fixture for 1 fixture for 400 persons
each 200 each 125 fe-
males males
Dormitories - school or labor 1 per 1 0 1 per 8 1 per 12 1 per 12 1 per 8 1 per 150
Add 1 fixture Add 1 fixture Over 12, Over 12, Over 150,
for each 25 for each 20 add 1 per add 1 for add 1 per
males over 10 females over 8 each 20 each 20 20
males females
Hospitals
Individual room 1 per room 1 per room 1 per room
Ward room 1 per 8 beds 1 per 10 beds 1 per 20
beds
Institutional - other than hos- 1 per 25 I 1 per 20 1 per 1 0 I 1 per 10 1 per 8 1 per 150
pitals or penal institutions
Table 4_17
Ordinance No.
Page NO.5
Office or public buildings
For public use within office or 1 :1-50 1:1-15 1 for each 2 water closets 1 for 7- 150
public buildings 2:51-100 2:16-35 or urinals and one for
3:101-150 3:36-55 each 300
4:151-200 4:55-100 additional
, 5:201-400 5:101-150 persons
6:151-200
7:201-250
8:251-300
9:300-350
10:351-400
Over 400, add one fixture for
each additional 500 males and
one for each 150 females
For employees or staff in office 1:1-15 1 :1-15 1 for each 2 1 :30-150
or public building 2:16-35 2:16-35 water And one for
3:36-55 3:36-55 closets or each
urinals additional
300 persons
Wholesale 10 and retail 1 :1-250 1 :1-250 1 for each 2 water closets 1 for each
stores 2:250-500 2:250-400 or urinals pair of
3:501-750 3:401-600 restroom
4:751-1,000 4:601-800 facilities
5:801-1,000
Over 1,000 Over 1,000
add 1 fixture add 1 fixture
for each addi- for each addi-
tional 500 tional 400 fe-
males males
Restaurants. which do not 1:1-50 1 :1-50 1 for each 2 water closets
serve alcohol 2:51-100 2:51-100 or urinals
3:101-175 3:101-175
4:176-300 4:176-300
Over 300, add 1 fixture per 200
additional persons
Restaurants. which serve 1 :1-30 1 :1-30 1 for each 2 water closets
illcohol, pubs and lounges 2:31-60 2:31-60 or urinals
3:61-100 3:61-100
4:101-150 4:101-130
5:151-200 5:131-160
6:201-275 6:161-200
7:276-400 7:201-300
8:301-400
Over400,add Over 400, add
1 fixture for 1 fixture for
each 175 each 150 fe-
males males
Ordinance No.
Page NO.6
Schools5 - for student use:
Nursery 1 :1-20 1 :1-20 1:1-25 1:1-25 1 per 150
2:21-50 2:21-50 2:26-50 2:26-50
Over 50, add 1 fixture for each Over 50, add 1 fixture each
additional 50 persons additional 50 persons
Elementary 1 per 25 1 per 25 1 per 35 1 per 35 1 per 150
Secondary 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150
Others (colleges, universities, 1 per 30 1 per 30 1 per 40 1 per 40 1 per 150
etc.)
Worship places:
Educational and activities unit 1 per 125 1 per 125 1 for each 2 water closets 1 per 150
or urinals And one for
each
additional
300 persons
Principal assembly place 1 per 150 1 per 150 1 for each 2 water closets 1 per 150
or urinals And one for
each
additional
300 persons
Dwellings:4
Single-family 1 per dwelling 1 per water closet 1 per dwell-
ing
Multi-family 1 per dwelling unit 1 per water closet 1 per dwell-
ing unit
Penal institutions:
Cell 1 per cell 1 per cell 1 per floor
Exercise room 1 per exercise room 1 per room 1 per room
Notes to Table 4-1:
1. Interpretation of Figures: The figures shown are based upon one fixture being the minimum required for
the number of persons indicated.
2. Building Categories: Building categories not shown on this Table shall be considered separately by the
Authority Having Jurisdiction.
3. Drinking Fountains Required: There shall be a minimum of ohe (1) drinking fountain per occupied floor
in schools, theaters, auditoriums, dormitories, offices or public buildings. Where breakroom sinks or
water dispensers or coolers are accessible a required drinking fountain may be eliminated. A drinking
fountain shall not be required in occupancies of 30 or less.
Drinking Fountains Prohibited: Drinking fountains .shall not be installed in toilet rooms.
4. Laundry Facilities: One automatic washer standpipe for each dwelling unit for single-family or duplex.
For multi-family apartment buildings, one standpipe for each ten (10) apartments or fraction thereof.
5. Kitchen Sinks: One (1) for each dwelling unit.
6. Washbasins: Twenty-four (24) lineal inches (609mm) of wash sink or eighteen (18) inches (456mm) of a
circular basin shall be considered equivalent to one lavatory when provided with water outlets for such
space.
Ordinance No.
Page No.7
7. General Provisions: In applying this schedule of facilities, consideration must be given to the accessibility
of the fixtures. Purely numeric conformity may not result in an installation suited to the need of the
individual establishment. For example: Schools should be provided with toilet facilities on each floor
having classrooms and in temporary working facilities, one water closet for each thirty (30) persons.
8. Restaurants: A restaurant is defined as a business which sells food to be consumed on the premises.
Employee toilet facilities are not to be included in the above restaurant requirements. Hand washing
facilities must be available in the kitchen for employees.
9. Whenever urinals are provided, the total number of fixtures required may be a combination of water
closets and urinals. The number of water closets in such cases shall not be reduced to less than one-
third (1/3) of the total number required.
Section 603.2.3 is deleted.
Delete Section 603.4.12 in its entirety and insert in lieu thereof the following:
603.4.12 Potable water supply to carbonators shall be protected by a stainless steel dual check valve with
an atmospheric vent as approved by the Authority Having Jurisdiction for the specific use.
Delete Section 604.2 in its entirety and insert in lieu thereof the following:
Copper tube for water piping shall have a weight of not less than Type M copper tubing.
Exception: Copper tube for underground water piping shall have a weight of not less than Type K copper
tubing.
Delete Section 605.2 in its entirety and insert in lieu thereof the following:
605.2 Independent fullway valves shall be installed on the supply and discharge sides of each water meter.
Water piping supplying more than one building on anyone premises shall be supplied with separate
fullway valves to each building. Such shutoff valves shall be accessible at all times. A fullway valve shall
be installed on the discharge piping from water supply tanks at or near the tank. A fullway valve shall be
installed on the cold water supplY pipe to each water heater at or near the water heater.
Delete Section 701.1.4 in its entirety and insert in lieu thereof the following:
701.1.4 Copper tube for underground drainage and vent piping shall have a weight of not less than that
of copper tube Type L.
Add New Section 701.1.5 as follows:
701.1.5 Copper tube for aboveground drainage and vent piping shall have a weight of not less than that .
of copper tubing Type M.
Exception: Type DWV may be uSf;}d in one and two-family dwellings.
Section 703.1
Delete Section 703.1 in its entirety and insert in lieu thereof the following:
703.1 The minimum sizes of vertical and/or horizontal drainage piping shall be determined from
the total of all fixture units connecteqthereto, and additionally, in the case of vertical drainage pipes. in
accordance with their length. There shall be atleast one four (4)-inch (100mm) drain pipe from the
sewer to the main drainage stack and no underground drainage piping shall be less than two (2) inches
(50mm) in diameter.
Section 710.1
Delete Section 710.1 in its entirety and insert in lieu thereof the following:
710.1 Drainage piping serving fixtures, the flood level rims of which are located below the elevation of
the curb or property line at the point where the building sewer crosses under the curb or property line and
above the crown level of the main sewer, shall drain by gravity into the main sewer and shall be protected
from backflow of sewage by installing an approved type backwater valve, and each such backwater valve
shall be installed only in that branch or section of the drainage system which receives the discharge from
fixtures located below the elevation of the curb or property line. The requirements of this subsection shall
apply only when it is determined necessary by the Authority Having Jurisdiction or the engineers of the
governing body, based on local conditions. .
Section 717.0
Section 717.0 is amended by adding the following sentence to the end of the section:
The minimum size of any building sewer shall be four (4) inches (100mm).
Ordinance No.
Page NO.8
Section 807.4
Delete Section 807.4 in its entirety and insert in lieu thereof the following:
807.4 No domestic dishwashing machine shall be directly connected to a drainage system or food waste
disposer unless an approved dishwasher air gap fitting is installed on the discharge side of the dishwashing
machine or the discharge line of the dishwasher is looped as high as possible near the flood level of the
kitchen sink. listed air gaps shall be installed with the flood level (FL) marking at or above the flood level of
the sink or drain board, whichever is higher.
Delete Sections 903.2.1 and 903.2.2 in its entirety and insert in lieu thereof the following:
903.2.1 Copper tube for underground vent piping shall have a weight of not less than that of copper tube
Type L.
903.2.2 Copper tube for aboveground vent piping shall have a weight of not less than that of copper tube
Type M.
Exception: Type DWV may be used in one and two-family dwellings.
Section 904.1
Section 904.1 is amended by adding the following sentences to the end of the paragraph:
Each building shall have a vent stack or stack vent equal in size or larger than the required building
sewer that shall extend through the roof undiminished in size. In residential buildings of four (4) stories or
less, a three-inch vent stack or stack vent shall be permitted. Residential buildings shall include hotels
and motels.
Section 905.7
New Section 905.7 is added to read as follows:
905.7 In all new residential construction with a basement, at least one two-inch (2") dry vent shall be
available in the basement.
Section 906.3
Delete Section 906.3 in its entirety and insert in lieu thereof the following:
906.3 Vent pipes shall be extended separately or combined, the full required size, not less than twelve
inches (12") above the roof or fire wall. Flagpoling of vents is prohibited except where the roof is used for
purposes in addition to weather protection. All vents within ten feet (10') of any part of the roof that is used for
such other purposes shall extend not less than seven feet (7') above such roof and shall be securely stayed.
Delete Section 906.7 in its entirety and insert in lieu thereof the following:
906.7 Frost or Snow Closure. Vent terminals shall be a minimum of three (3) inches (80 mm) in diameter
but in no case smaller than the required vent pipe. The change in diameter shall be made at least one (1)
foot (305 mm) below the roof in an insulated space and tenninate not less than one (1) foot (305 mm) above
the roof.
Ordinance No.
Page No.9
Delete Table 10-1 in its entirety and insert in lieu thereof the following:
TABLE 10-1
Horizontal Distance of Trap Arms
(Except for water closet
and similar flXtures)*
Trap Arm
(Inches)
Distance
Trap to Vent
(Feet)
1 X .... ............................................................................ 5
1Yz ................................................................................6
2 ...................................................................................8
3 .................................................................................12
4 and larger ................................................................12
Slope shall be one-quarter inch (X") per foot.
*The developed length between the trap of a water closet or similar fixture (measured from the top of
closet ring to inner edge of vent) and its vent shall not exceed six feet (6').
Section 1205.3
Delete Section 1205.3 in its entirety and insert in lieu thereof the following:
1205.3 It shall be unlawful for any serving gas supplier, or person fumishing gas, to turn on, or install any
fuel gas or any gas meter or meters unless the valve is turned off and securely locked, until
inspected and released by the Authority Having Jurisdiction.
Section 1211.3.2 is amended by adding the following to the end of the section:
(5) Fittings for CSST systems shall not be installed in concealed locations.
17-2-3: Cross Connection Control. Provisions.
1. Definitions. The following definitions shall apply only to this Section For the purpose of this Section,
these definitions supersede definitions given elsewhere in this Code.
a. Approved backflow prevention assembly for containment. A backflow prevention assembly listed by
the University of Southern California - Foundation for Cross Connection Control and Hydraulic Research as
having met the requirements of ANSI-AWWA Standard C510-89, Double Check Valve Backflow-Prevention
Assemblies or ANSI-AWW A Standard C511-89, Reduced-Pressure Principle Backflow-Prevention
Assemblies, all as amended, for containment. The listing shall include the limitations of use based on the
degree of hazard. The backflow prevention assembly must also be listed by the International Association of
Plumbing and Mechanical Officials.
b. Approved backflow prevention assembly for containment in a fire protection system. A backflow
prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual
Research Corporation (FM) and Underwriters Laboratory (UL), in addition to the requirements of paragraph
1(a).
c. Auxiliary water supply. Any water supply on or available to the premises other than the approved
water provider of public water such as, but not limited to, a private well, pond or river.
d. Containment. A method of backflow prevention which requires the installation of a backflow
prevention assembly at the water service entrance.
e. Cross connection. Any connection or arrangement between a potable water supply system and any
plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for nonpotable,
used, unclean, polluted and contaminated water or other substance to enter into any part of such potable
water system under any condition.
f. Customer. The owner, operator or occupant of a building or a property or of a private water system
which has a water service from a public water system.
g. Degree of hazard. The rating of a cross connection or water service which indicates the potential to
cause contamination or pollution.
h. Double check valve backflow prevention assembly. A backflow prevention device consisting of two
(2) independently acting, internally loaded check valves, four (4) properly located test plugs and two (2)
isolation valves. (Backflow prevention assembly used for low hazard.)
Ordinance No.
Page No. 10
i. High hazard cross connection. A cross connection which may impair the quality of the potable water
by creating an actual hazard to public health through poisoning or through contamination with sewage,
industrial fluids or waste.
j. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the
cross connection rather than at the water service entrance.
k. Low hazard cross connection. A cross connection which may impair the quality of potable water to a
degree which does not create a hazard to public health but which does adversely and unreasonably affect the
aesthetic qualities of such potable water for domestic use.
I. Reduced pressure principle backflow prevention assembly. A backflow prevention device consisting
of two (2) independently-acting, internally-loaded check valves,'a differential pressure relief valve, four (4)
property located test plugs and two (2) isolation valves. (Backflow prevention assembly used for high
hazard.)
m. Registered backflow prevention assembly technician. A person registered with the Iowa State Health
Department or its successor agency to test or repair backflow prevention assemblies and to report on the
condition of those assemblies.
n. Thermal expansion. Volumetric increase of water due to heating resulting in increased pressure in a
closed system.
o. Water service. Depending on the context, water service is the physical connection between a public
water system and a customer's building, property or private water system or the act of providing potable
water to a customer.
2. Authority Having Jurisdiction.
a. For the purposes of 17-2-3 only, the Authority Having Jurisdiction is the City Council acting through
such persons or agencies the City Council shall designate.
b. The Authority Having Jurisdiction shall have the right to enter any property to inspect for possible
cross connection, upon consent of the customer or upon a search warrant issued by a court of appropriate
jurisdiction.
c. The Authority Having Jurisdiction may collect fees for the administration of this program. Fees shall
be established by resolution of the City Council.
d. The Authority Having Jurisdiction shall maintain records of cross connection hazard surveys and of
the installation, testing and repair of all backflow prevention assemblies installed in this City.
3. New water services.
a. Plans shall be submitted by the contractor to the Authority Having Jurisdiction for review of all new
.water services to determine the degree of hazard before a permit is issued.
b. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required
for containment based on the degree of hazard.
c. The Authority Having Jurisdiction shall require the installation of the appropriate backflow prevention
assembly for containment before the initiation of water service.
4. Existing water services.
a. Upgrades of existing water services shall be treated as new water services for the purpose of 17-2-3.
b. The Authority Having Jurisdiction shall publish and make available to each customer a copy of
standards used to determine the degree of hazard.
c. After publication of the standards, the Authority Having Jurisdiction shall give written notice of the
provisions of this Section to customers whose premises are classified as single-family residential.
d. Customers whose premises are not regulated by the IRC shall be notified that an on-premise survey
will be conducted by the Authority Having Jurisdiction to determine the type and degree of any hazards to the
potable water system.
e. The Authority Having Jurisdiction shall determine the type of backflow prevention assembly required
for containment based on the degree of hazard, as determined from information received from customers or
gathered through on-premises investigations or surveys.
f. Within the time frame specified, in writing, by the Authority Having Jurisdiction, the customer shall
install a backflow prevention assembly for isolation and containment as required by the Authority Having
Jurisdiction.
g. For existing water services, the Authority Having Jurisdiction may inspect the premises to determine
the degree of hazard. When high hazard cross connections are found, the administrative authority shall, at
its sole discretion: 1) develop a schedule of compliance which the customer shall follow or 2) terminate the
water service until a backflow prevention assembly for containment required by the Authority Having
Jurisdiction has been installed.
Ordinance No.
Page No. 11
h. Failure of the Authority Having Jurisdiction to notify a customer that said customer is believed to have
a high hazard cross connection and that said customer shall install backflow prevention assemblies for
containment in no way relieves a customer of the responsibility to comply with all requirements of this
Section.
5. Customer.
a. The customer shall. be responsible for ensuring that no cross connections exist without approved
backflow protection within the customer's premises starting at the point of service from the public potable
water system.
b. The customer shall, at the customer's own expense, cause installation. operation, testing and
maintenance of the backflow prevention assemblies required by the Authority Having Jurisdiction.
c. The customer shall ensure the Authority Having Jurisdiction is provided with copies of records of the
installation and of all tests and repairs made to the backflow prevention assembly on the approved form
within fifteen (15) calendar days after testing and/or repairs are completed.
d. If a backflow incident occurs, the customer shall immediately notify the City of Iowa City Water
Division, the City of Iowa City Backflow Prevention Coordinator, and/or the City of Iowa City Plumbing
Inspector and take steps to confine the contamination or pollution.
6. Required backflow prevention assemblies for containment - water services.
a. A water service having one or more cross connections which the Authority Having Jurisdiction
classifies as high hazard shall have an approved air gap or an approved reduced pressure principle backflow
prevention assembly.
b. Water services having no high hazard cross connections but having one or more cross connections
which the Authority Having Jurisdiction has classified as low. hazard shall have an approved double check
valve assembly.
7. Required backflow prevention assemblies for containment - fire protection systems.
a. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing
fire protection systems which the Authority Having Jurisdiction determines to have any of the following:
1. Direct connections from public water mains with an auxiliary water supply on the premises or available to
the premises for pumper connection.
2. Interconnections with auxiliary water supplies, such as reservoirs, rivers, ponds, wells, mills or other
industrial water systems.
3. Antifreezes or other additives in the fire protection system. .
4. Combined industrial and fire protection systems supplied solely from the public water mains, with or
without gravity storage or pump suction tanks.
5. Any other facility, connection or condition which may cause contamination.
b. All other fire protection systems shall have a double check valve assembly. The double check valve
shall be required on all new systems at the time of installation and on existing systems when they are
upgraded.
8. Backflow prevention assembly technicians.
a. Any person who tests or repairs backflow prevention assemblies shall be registered by the Iowa
State Health Department or its successor agency.
b. A backflow prevention assembly technician registered by the State shall include the technician's
registration number on all correspondence and forms required by or associated with this Section.
9. Installation of backflow prevention assemblies.
a. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated
in Section 603.1 of 2006 UPC.
b. The required backflow prevention assemblies for containment shall be installed in horizontal
plumbing immediately following the meter or as close to that location as deemed practical by the
administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this
point does not eliminate the responsibility of the customer to protect the water supply system from
contamination or pollution between the backflow prevention assembly and the water main.
c. If interruption of water service during testing and repair of backflow prevention assemblies for
containment is unacceptable to the customer, two (2) backflow prevention assemblies, sized to handle the
temporary water flow need during the time of test or repair, should be installed in parallel piping.
d. All newly installed shut-off valves shall conform to the requirements for either ball or resilient seat
gate valves published in the current edition of the Manual of Cross-Connection Control (University of
Southern California), as amended. Ball valves shall be used on assemblies installed in piping two inches (2")
and smaller, and resilient seat gate valves shall be used on assemblies installed in piping larger than two
inches (2").
10. Testing of backflow prevention assemblies.
Ordinance No.
Page No. 12
a. Backflow prevention assemblies shall be tested by a registered backflow prevention assembly
technician, and the costs of tests required by this Section shall be paid by the customer.
b. Backflow prevention assemblies shall be tested upon installation and shall be tested and inspected
at least annually thereafter.
c. Backflow prevention assemblies which are in place but which have been out of operation for more
than three (3) months shall be tested before operation resumes. Backflow prevention assemblies used in
seasonal applications shall be tested before operation resumes each season.
d. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When
water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or
replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a
registered backflow prevention assembly technician after repair or replacement.
e. The registered backflow prevention assembly technician shall report the assembly within fifteen (15)
calendar days of the test to the customer and to the Authority Having Jurisdiction on the form provided by the
Authority Having Jurisdiction.
f. The Authority Having Jurisdiction may require, at its own cost, additional tests of individual backflow
prevention assemblies as it shall deem necessary to verify test procedures and results.
11. Repair of backflow prevention assemblies.
a. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention
assembly technicians.
b. The registered backflow prevention assembly technician shall not change or modify the design, material
or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use
only original manufacturer replacement parts.
c. The registered backflow prevention assembly technician shall report the repair of a backflow prevention
assembly within fifteen (15) calendar days of the repair to the customer and to the Authority Having
Jurisdiction on the form provided by the Authority Having Jurisdiction. The report shall include the list of
materials or replacement parts used and shall summarize the work performed.
12. Customer noncompliance. Water service may be discontinued if a customer fails to comply with Section
17-2-3. Noncompliance includes, but is not limited to, the following:
a. A customer's refusal to grant access to the property for the purpose of performing inspections
required by this Section.
b. Removal of a backflow prevention assembly which has been required by the Authority Having
Jurisdiction.
c. Bypassing a backflow prevention assembly which has been required by the Authority Having
Jurisdiction.
d. Providing inadequate backflow prevention when cross connections exist.
e. Failure to install, test and/or properly repair a backflow prevention assembly which has been required
by the Authority Having Jurisdiction.
f. Failure to comply with the requirements of this Section.
g. Deliberate falsification of documentation conceming the backflow prevention assemblies or possible
cross connections.
13. Backflow Testing Equipment shall be calibrated by the manufacturer or certified gage calibration
company every two years or sooner if recommended by the manufacturer.
17-2-4: GARAGE FLOOR DRAINS:
Garages and 9ther structures for the housing, sale, repair or for commercial washing of automobiles, which
connect with the sewer, shall be provided with a proper means for draining the floors and repair pits so that
no drainage therefrom shall flow over any street, alley, sidewalk or pavement approach. Such drains shall be
constructed with a device for catching sand, silt or other solids and shall have a seal depth of not less than
six inches (6") above the sand receiver. The drain outlet shall not be smaller than a four-inch (4") connection.
All materials used for vents and waste lines shall conform with the other provisions of this Code. The trap
shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an accessible iron
cover. Any place of business where gasoline, benzine, naphtha or other inflammable solutions or
compounds are used or kept shall be provided with special drains in the same manner as those required for
garages. Such drains and traps must be approved by the Administrative Authority. Exception: In garages
regulated by the Building Code the trap may be constructed with other watertight materials and the drain may
be piped with two (2) inch PVC as approved by the Authority Having Jurisdiction.
17-2-5: CONNECTIONS TO THE PUBLIC SANITARY SEWER:
A. The junction pieces, slants or wyes built into the sanitary sewer during construction must be used for
connecting all private sewers or house drains unless special permission to use other means is endorsed
on the permit. Before making a connection to the public sewer, the plumber shall excavate and clear a
Ordinance No.
Page No. 13
trench at the point of connection. The actual connection with said junction piece. slant or wye must be
made in the presence of the Authority Having Jurisdiction. The cover on the wye branch on the sewer
should be carefully removed to prevent injury to the socket.
B. If there is no junction piece, slant orwyes already in the sewer. the Wastewater Superintendent shall be
notified that a tap will be necessarY. The excavation shall be properly prepared by the plumber and the
sewer main completely uncovered. A City crew will inspect the tap made by the contractor or make the
tap and install a sewer saddle for the plumber.
C. In all cases, the excavation showing the connections shall be kept open by the plumber until the
excavation has been inspected by the City.
. SECTION 5. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 6. PENAlTIES FOR VIOLATIONS. The violation of any provision of this ordinance is a
municipal infraction as provided in 1-4-2D of this code.
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall be in effect after final passage, approval, and
publication as provided by law.
Passed and approved this _ day of
,2007.
MAYOR
ATTEST:
CITY CLERK
Approved by:
~ <6, d~'-~t
City Attorney's Office
hisblglord/2006 code amendmentsl2OO6 plumbing code.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9/18/2007
Vote for passage: AYES : Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None.' ABSENT: None.
Second Consideration 10/2/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Date published
r "~.. ..~ ·
LJ-I
Prepared by: Tim Hennes and Ryan Olson, 410 E Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 17, CHAPTER 4, MECHANICAL CODE, BY ADOPTING THE
2006 EDITION OF THE INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL
CODE COUNCIL, AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE
PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International
Mechanical Code as published by th~ International Code Council; and to provide for certain amendments
thereof; to provide for the prote~tion of the health, welfare and safety of the citizens of Iowa City, Iowa, and to
provide for its enforcement.
SECTION II. Sections 17-4-1, 17-4-2, and 17-4-3 of the City Code are hereby repealed and the following
new Sections 17-4-1, 17-4-2 and 17-4-3 are enacted in lieu thereof.
17-4-1: Code adopted: Subject to the following amendments, the 2006 Edition of the Intemational
Mechanical Code (IMC)is hereby adopted and shall be known as the Iowa City Mechanical Code or the
Mechanical Code. Interpretations of the Building Official may be guided by publications of the Intemational
Code Council, Inc., or the Intemational Existing Building Code.
17-4-2: Interpretation of Mechanical Code provisions: The provisions of this Code shall be held to be
the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa
City. Any higher standards in the state statute or City ordinance shall be applicable.
17-4-3: Amendments to Code: The following sections of the 2006 edition of the International
Mechanical Code are amended as follows:
A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace
"International Plumbing Code" with "Uniform Plumbing Code".
B. Section 101.1. Insert: "Iowa City". "
C. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following:
Section 106.5.1 Work commencing before permit issuance: Any person who commences work on
a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to a fee equal to the amount of the permit if a permit were
issued. This fee shall be collected whether or not a permit is issued. The payment of such fee
shall not exempt any person from compliance with all other provisions of this Code or from ahy
penalty prescribed by law.
Only the Building Official may reduce this fee when it is demonstrated that an emergency existed
that required the work to be done without a permit.
D. Section 106.5.2. Delete Sections 106.5.2 and insert in lieu thereof the following:
106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee
schedule as established by resolution of the City Council.
E. Section 106.5.3. Delete Section 106.5:3 and insert in lieu thereof the following:
106.5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which was
erroneously paid or collected.
The Building Official shall not authorize the" refunding of any fee paid except upon written application filed by
the original permittee within one hundred eighty (180) days from the date of fee payment.
F. Sections 108.4 and 108.5. Delete Sections 108.4 and 108.5.
Section 109. Delete Section 109 in its entirety and Insert in lieu thereof the following:
Section 109 Appeals. See Section 17-12 Appeals in the City Code.
G. Section 106.2 Modify by adding part "9" as follows:
9. The replacement of fixed appliances provided however that the replacement appliance is in the
same location and has a rating equal to less than the appliance being replaced, and it is not
necessary to remove, replace, alter, or install any additional ductwork or piping.
H. Section 304.3.1. Delete section 304.3.1.
I. Section 504.5. Delete section 504.5 in its entirety anc;l insert in lieu thereof the following:
504.5 Makeup air. All installations shall be provided with makeup air with an opening of not less than
100 square inches or as required by the manufactures' specifications.
J. Section 506.3.3.1 Delete the following from the first sentence "in the presence of the code official".
K. Section 506.3.12.3 Modify the paragraph by adding the following 'Where the exhaust outlet fronts
an alley, the measurement may be taken from the center line of the alley."
Ordinance No.
Page 2
L. Section 507.2.1.1. Delete section and insert in lieu thereof the following: Operation. Where
commercial cooking appliances are vented by means of a Type I or Type II kitchen exhaust hood
system, the exhaust system shall be fan powered and the appliances shall be interlocked with the
exhaust hood system to prevent appliance operation when the exhaust hood system is not operating.
The activation of the exhaust fan shall occur through an interlock with the cooking appliances, by
means of heat sensors or detectors, or by other approved methods. Where a solenoid valve is
Installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass
such valve.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. PENALTIES FOR VIOLATIONS: The, violation of any provision of this Ordinance is a
municipal infraction punishable by a penalty as provided for in subsection 1-4-20 of this Code.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect upon final pass'age, approval and
publication as provided by law.
Passed and approved this _ day of , 2007.
MAYOR
ATTEST:
CITY CLERK
APpro~ ~"'dO-~
City Attorney's Office
Hisbldglords/2006BCA/2006 imc.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
FirstCohsideration 9/18/2007
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None.' ABSENT: None.
Second Consideration 10 / 2 / 2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey, Champion. NAYS: NOne. ABSENT: N6ne.
Date published
1\
0..
',,-
Prepared by: Tim Hennes and Ryan Olson, 410 E. Washington St., Iowa City, IA 52240; 319-356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER
13, ENTITLED "FUEL GAS CODE," BY ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FUEL
GAS CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN
AMENDMENTS THEREOF TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND
SAFETY OF THE CITIZENS OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is considering adopting international codes, including the International
Building. Residential. Fire, and Mechanical Codes. that reference the 2006 Edition of the International Fuel
Gas Code; and
WHEREAS, it is in the best interest of Iowa City to adopt the 2006 Edition of the International Fuel Gas
Code with certain local amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to adopt the 2006 Edition of the International
Fuel Gas Code as published by the International Code Council; and to provide for certain amendments
thereof; to provide for the protection of the health. welfare and safety of the citizens of Iowa City. Iowa, and to
provide for its enforcement.
SECTION II. Sections 17-13-1, 17-13-2. and 17-13-3 of the City Code are deleted and the following new
Sections 1-3 are hereby added.
17-13-1: Code adopted: Subject to the following amendments, the 2006 Edition of the International Fuel
Gas Code (IFGC) is hereby adopted and shall be known as the Iowa City Fuel Gas Code or the Fuel Gas
Code. Interpretations of the Building Official may be guided by publications of the International Code Council,
Inc., or the International Existing Building Code.
17-13-2: Interpretation of Fuel Gas Code provisions: The provisions of this Code shall be held to be
the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of Iowa
City. Any higher standards in the state statute or City ordinance shall be applicable.
17-13-3: Amendments to Code: The following sections of the 2006 edition of the International Fuel
Gas Code are amended as follows:
A. Modify entire code to replace "ICC Electrical Code" with "National Electric Code" and replace
"International Plumbino Code" with "Uniform Plumbino Code".
B. Section 101.1. Insert: "Iowa City"
C. Section 106.2 Modify by addina Dart "3" as follows:
3. The replacement of fixed appliances provided however that the replacement appliance is in the
same location and has a rating equal to or less than the appliance being replaced. and it is not necessary
to remove, replace, alter, or install any additional ductwork or piping.
D. Section 106.5.1. Delete Section 106.5.1 and insert in lieu thereof the following:
Section 106.5.1 Work commencing before permit issuance: Any person who commences work
on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to a fee equal to the amount of the permit if a permit were issued.
This fee shall be collected whether or not a permit is issued. The payment of such fee shall not
exempt any person from compliance with all other provisions of this Code or from any penalty
prescribed by law.
Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that
required the work to be done without a permit.
E. Section 106:5.2. Delete Section 106.5.2 and insert in lieu thereof the following:
106.5.2 Permit Fees. The fee for each permit shall be as set forth in the mechanical permit fee
schedule as established by resolution of the City Council. .
Ordinance No.
Page 2
F. Section 106.5.3. Delete Section 106.5.3 and insert in lieu thereof the following:
106.5.3 Refunds. The Building Official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected.
The Building Official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee within one hundred eighty (180) days from the date of fee
payment.
G. Section 108.4 and 108.5. Delete Sections 108.4 and 108.5.
H. Section 109. Delete Section 109 in its entirety and insert in lieu thereof the following:
Section 109 Appeals. Any person aggrieved by a decision of the Building Official with regard to the
International Fuel Gas Code may file an appeal as provided in Section 17-12 Appeals in the City Code.
I. Section 303.3. Modify by deleting exceptions 3 and 4.
J. Section 305.3.1 Delete section 305.3.1..
K. Section 404.1 Delete last sentence "Piping installed downstream of the point of delivery shall not
extend through any townhouse unit other than the unit served by such piping."
L. Section 505.1.1 Delete section and insert in lieu thereof the following: Operation of Commercial
Cooking Appliances. Where commercial cooking appliances are vented by means of a Type I or Type II
kitchen exhaust hood system, the exhaust system shall be fan powered and the appliances shall be
interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system
is not operating. The activation of the exhaust fan shall occur through an interlock with the cooking
appliances, by means of heat sensors or detectors, or by other approved methods. Where a solenoid
valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to
bypass such valve.
M. Section 614.5. Delete Section 614.5 in its entirety and insert in lieu thereof the following:
614.5 Makeup air. All installations will be provided with makeup air with an opening of not less than 100
square inches or as required by the manufacturers' specifications.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. PENALTIES FOR VIOLATIONS. The violation of any provision of this Ordinance is a
municipal infraction punishable by a penalty as provided for in Section 1-4-20 of this Code.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect upon final passage, approval, and
publication as provided by law.
Passed and approved this day of , 2007.
MAYOR
ATTEST:
CITY CLERK
Approved by
~<6-~~4
City Attorney's Office
Hisbldgfordf2006BCN2006ifgc.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9/18/2007
Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
.Second Consideration 10/2/2007
Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Correia, Champion. NAYS: None. ABSENT: None.
Date published
I..
'<-'
i-,0
'Prepared by: Roger Jensen, Deputy Chief, and John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY
ADOPTING THE 2006 EDITION OF' THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN
THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING
FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND
DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY
OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE
OF PERMITS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT.
1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is
inserted in lieu thereof:
That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of
Iowa City, being marked and designated as the International Fire Code, 2006 edition, including Appendix
Chapters B, C, D, E, F, and G, as published by the International Code Council, be and is hereby adopted
as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of
life and property from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises as herein provided, providing for the issuance of permits and each, and all of the
regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City
Clerk are hereby referred to, adopted and made a part hereof, as if fully sel out in this ordinance, with the
additions, insertions, deletions and changes, prescribed in the following sections of this ordinance.
2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new
Section 2 is inserted in lieu thereof:
That the following sections are hereby revised:
Section 101.1 Insert: Iowa City, Iowa
Section 1 08. Delete Section 108 in its entirety and insert in lieu thereof: See Title 17 Chapter 12 in this
Code.
Section 109.3 Insert: municipal infraction, as prescribed in 1-4-2.
Section 111.4 Delete the remaining words of the sentence beginning with "liable to a fine" and insert
in lieu thereof "as provided for in a municipal infraction."
That the geographic limits referred to in certain sections of the 2006 International Fire Code are
hereby established as follows:
Section 3204.3.1.1. The storage of flammable cryogenic fluids in stationary containers is prohibited in
the entire Olty or low~ CIty, I"WI.
Exception: Zones I 1 &2, CI 1 and/or as approved by the Fire Chief.
Section 3404.2.9.5.1. The .storage of Class I and Class II liquids in above-ground tanks outside of
buildings is prohibited in the entire City of Iowa City, Iowa. -
Exception: Zones I 1 &2, CI 1 and/or as approved by the Fire Chief.
Section 3406.2.4.4. The storage of Class I and Class II liquids in above-ground tanks is prohibited in
the entire City of Iowa City, Iowa.
Exception: Zones I 1 &2, CI1 and/or as approved by the Fire Chief.
Ordinance No.
Page 2
Section 3804.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City,
Iowa.
Exception: Zones 11 &2, CI1 and/or as approved by the Fire Chief.
Section 102.1 Modify by adding a fifth applicability requirement to the end as follows:
5. A. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 299 or more with an
Alcoholic Beverage Division License (ASDL) shall comply with Section 903.2.1.2 by July 1, 2010.
B. A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50-298 located on a
floor other than the level of exit discharge and with anABDL shall comply with Section 903.2.1.2 by July 1,
2013. ,
C. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit
discharge and with an ASDL shall comply with Section 903.2.1.2 by July 1, 2013.
D. All A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100-298 with an
ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined
as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner
may show to the building official's satisfaction that said change in ownership is one of form and not
substance. .
Section 104.1.1 Add a. sentence to the end of the section to read as follows: The code official and
members of the fire prevention bureau shall have the powers of a peace officer in performing their duties
under this Code.
Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such
members of thl;l Fire Department as fire/police investigators upon being certified by the Iowa Law
Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing
their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city
ordinances and state statutes. Notwithstanding his/her status as a peace officer, a fire/police investigator
shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall
perform such functions as the Fire Chief shall assign.
Section 104.12 Add a new section to read as follows: The code official is authorized to order an
operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which
has or is a fire, life safety or health hazard. .
Section 105.2 Add a sentence to the end of the section to read as follows: Application for an
operational permit shall be submitted with all required information not less than 14 days prior to the event .
requiring a permit.
Section 108 Delete in its entirety. See 14-5-M of this Code.
Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire
Department, the Fire Marshal, or the Chiefs authorized representative.
Section 202 Delete the existing definition and substitute the following: R-4 Residential occupancies
shall include buildings arranged for occupancy as residential care/assisted living facilities including more
than five but not more than 16 occupants, excluding staff.
Group R-4 occupancies shall meet the requirements for construction as defined in the
International Building Code for Group R-3, except as otherwise provided for in that code.
Section 307 See also 6-6 of this Code.
Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or
objectionable because of smoke or odor emissions or when atmospheric conditions or local
circumstances make such fires hazardous shall be prohibited.
Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not
maintain any outdoor burning from 11 p.m. to 7 a;m. unless permitted and approved by the fire code
official.
Ordinance No.
Page 3
Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is
authorized to order the extinguishment by the responsible person or the fire department of any burning
that creates or adds to a hazardous or objectionable situation.
Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material
storage shall be confined to approved storage areas, such that the presence of incidental storage in any
other area of the building does not constitute a hazard.
Section 401.6 Add a new section to read as follows: Building evacuation. Upon activation of the
building fire alarm system or upon notification by other means of detecting and reporting. unwanted fire, all
building occupants shall promptly evacuate the building. Building employees and tenants shall implement
the appropriate emergency plan and procedures.
Exception: When the emergency evacuation plan, as approved by the fire code official, does not
require the immediate total evacuation of the building.
Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd
management meshes the design features of a facility, the established operating features of that facility,
and an understanding of the occupants' expected natural behavior in that facility for a specific type of
event.
Section 403.3 Add a new section to read as follows: Crowd manager. Group A-2 occupancies shall
be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more.
Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ration of
one (1) crowd manager for every 250 occupants. The crowd manager shall receive approved training in
crowd management techniques. .
Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E
occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in
Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester.
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 503.2.8 Add a new section to read as follows: Thickness. Fire apparatus access roads shall
- be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of
Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over
compacted soil.
Section 505.1 Add to the end of the section as follows: From 100-199 ft from the street the number
shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 ft from the street
the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional
100 ft from the street, the number shall increase by an additional 2 inches in height. Measurements to
determine the minimum number size shall be measured from the approved address location to the center
line of the street for which the premises is addressed.
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 exceptions 1 & 2.
Section 511 Add a new section to read as follows: FIRE DEPARTMENT RADIO COMMUNICATIONS
511;1 Where required. No person shall erect, construct, maintain or modify any building or structure or
any part thereof, or cause the same to be done which fails to support adequate radio coverage for City of
Iowa City public safety services, including but not limited to police, fire, and public works departments.
511.1.1 AMPLIFICATION SYSTEMS ALLOWED
Ordinance No.
Page 4
Buildings and structures shall be equipped with any of the following, in order to achieve adequate radio
coverage:
1) A radiating cable system or
2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as
needed to encompass the frequency range stated below or frequency range subsequently
established by the City of Iowa City or
3) A system that has been approved by the City of Iowa City as being capable of providing
amplification to meet this ordinance requirements.
511.1.2 System Requirements:
1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to .
860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater).
The system must be capable of encompassing the frequencies stated herein and capable of
future modifications to a frequency range subsequently established by the City of Iowa City.
2) All system components must be 100 percent compatible with analog and digital modulations after
installation without additional adjustments or modifications.
3) Mandatory use of FCC certificated equipment is required.
4) If any part of the installed system or systems contains an electrically powered component, the
system shall be capable of operating on an independent battery and/or generator system for a
period of at least twelve (12) hours without external power input. The battery system shall
automaticaUycharge in the presence of an external power input.
5) Signal levels, percentage of coverage and reliability percentage.
a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of
each floor of the building when transmitted from the City of Iowa City Communications
Center; and
b. A minimum signal strength of one (1) microvolt [-107 dBm] received at the City of Iowa
City Communications Center when transmitted from 95% of the area of each floor of the
building, via portable radio with public safety microphone; and
c. A 95% reliability factor.
6) The installation of equipment as stated above can not be detrimental to the operation of the Public
Safety Radio System.
7) Testing procedures.
a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy
shall not be issued to any structure if the building fails to comply with this section.
b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with
inspection procedures.
Section 605.9 Delete the section and insert in lieu thereof: Temporary wiring. Temporary wiring for
electrical power and. lighting installations is allowed for a period not to exceed 90 days for holiday
decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable
provisions of the Iowa City Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of
construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code.
Section 605.10 Delete the section and replace with: Portable, electric, space heaters. Portable
electric space heaters shall comply with Sections 605.10.1 through 605.10.5.
Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space
heaters shall be fully enclosed space heaters that by design have no external surfaces that reach
temperatures capable of igniting materials placed against the surface.
Section 804.3 Add a new section to read as follows: Maintenance. The interior finish of buildings
shall be maintained in accordance with the conditions of original approval. Any change to the interior
finish that is regulated by the provisions of this code or the building code shall be made in accordance with
all applicable requirements.
Ordinance No.
Page 5
Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin-bearing cut
trees and natural decorative vegetation used in buildings open to the general public shall be properly
treated with an approved flame retardant.
Section 806.1.1 Delete the section and replace with: Restrictedoccupancies. Natural cut trees shall
be prohibited in Group A, B, E, 1-1, 1-2, 1-3, 1-4, M, R-1, and R-4 occupancies.
Exception: Trees located in areas protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R-1.
Section 807.4.3.1 Delete exceptions 1 & 2.
Section 807.4.4.1 Delete exceptions 1 & 2.
Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working
plans submitted to the fire department for water based fire protection systems shall be stamped and
approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire
Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall
have a minimum National Institute for Certification in. Engineering Technologies [NICET] Level III
certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life
safety system design. Other qualifications may be approved by the code official.
Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted
to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a
qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any
changes to the working plans shall be approved by a qualified person. A qualified person shall have a
minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for
Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other
qualifications may be approved by the code official.
Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2
A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided if one of the following
conditions exist:
1) The fire area exceeds 5,000 square feet;
2) The fire area has an occupant load of 100 or more; or
3) The fire area is located on a floor other than the level of exit discharge.
B. Existinq Group A-2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An
automatic sprinkler system shall be provided throughout the A-2 occupancy if one of the following
conditions exists:
1) The A-2 occupancy has an occupant load of 299 or more and has an ABDL.
Exemption: Single business occupancies in single story nonabutting buildings; or
2) The A-2 occupancy has an occupant load of 50-298 and is located on a floor other than the level of
exit discharge and has an ABDL; or
3) Group B Occupancies located on a floor other than the level of exit discharge and which have an
ABDL; or
4) Group A-2 Occupancies with occupant load of 100 or more that have an ABDL and are not
regulated in B1 or B2 above, provided:
There is a change in business ownership, defined as the sale, transfer, or assignment of any legal
or equitable ownership interest, except that the owner may show to the building official's
satisfaction that said Change in ownership is one of form and not substance.
Section 903.2.1.3 Delete the exception without substitution.
Section 903.2.1.4 Delete the exception without substitution.
Section 903.2.1.6 Add a new Section 903.2.1.6 as follows:
Section 903.2.1.6. An automatic sprinkler system shall be provided throughout buildings and portions
thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a
renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system
Ordinance No.
Page 6
shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the
group B occupancy with a new ASDL is located, and in all floors between the Group B occupancy and the
level of exit discharge.
Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe
device shall be mounted directly above the fire department connection between seven (7) and ten (10)
feet in height above grade. The water-flow alarm device shall be activated by water flow equivalent to the
flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised
audible visual notification appliances shall be installed on each level of the interior of the building as
required by the fire code official and NFPA 72.
Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall
not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and
waterflow device for each normally occupied floor.
Section 906.1 Delete the exception without substitution.
Section 906.3 Add a sentence to the end of the section. to read as follows: The minimum size and
rating of any required portable fire extinguisher for Class A, Class S, or Class C hazard shall be 51b. 2-A,
10-B C.
Section 907.2 Delete the section and replace with: Where required-new buildings and structures. An
approved and addressable manual, automatic, or manual and automatic fire alarm system installed in
accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and
structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in
accordance with 907.10, unless other requirements are provided by another section of this code. Where
automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and
connected to the building fire alarm system, automatic heat detection required by this section shall not be
required.
The automatic fire detectors shall be smoke detectors. Where ambient conditions prohibit installation
of automatic smoke detection, other automatic fire detection shall be allowed.
Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the
following exceptions:
EXCEPTION:
1) Except for GroupA-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes
are not required where the building is equipped throughout with an automatic sprinkler system and
the alarm notification appliances will activate upon sprinkler water flow.
2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies
with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause:
a. Illumination of the protected premises to not less than 10 foot-candles over the area of the
room at a height of 30 inches above the floor; and
b. All conflicting or confusing sounds and visual distraction to automatically stop.
Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows:
New and existing educational occupancies shall have a monitored fire alarm system.
Section 907.2.3 Modify by adding a 4th exception as follows:
4. Day care occupancies dassified as Group E Occupancy shall not require a monitored fire alarm system
unless required elsewhere in the code.
Section 907.2.10.1.2 Modify by adding a fourth location requirement as follows:
4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all
stairway enclosures in Groups R-2, R-4 and 1-1 occupancies. In corridors, detectors shall be located
within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each
thirty (30) feet of corridor length or spaced as allowed by the code.
Ordinance No.
Page 7
Section 907.2.12.3 Delete the section and replace with: Fire department communication system.
Where required. No person shall erect, construct, maintain or modify any building or structure or any part
thereof, or cause the same to be done which fails to support adequate radio coverage for City of Iowa City
public safety services, including but not limited to police, fire, and public works departments.
907.2.12.3.1 AMPLIFICATION SYSTEMS ALLOWED
Buildings and structures shall be equipped with any of the following, in order to achieve adequate
radio coverage:
1) . A radiating cable system or
2) An internal multiple antenna system with FCC Type Accepted Bi-Directional UHF Amplifiers as
needed to encompass the frequency range stated below or frequency range subsequently
established by the City of Iowa City.
3) A system that has been approved by the City of Iowa City as being capable of providing
amplification to meet this ordinance requirements.
907.2.12.3.2 System Requirements:
1) The frequency that must be supported shall be 810.7125 to 815.2625 MHz and 855.7125 to
860.2625 MHz and adaptable to other appropriate emergency frequencies (700 MHz or greater).
The system must be capable of encompassing the frequencies stated herein and capable of
future modifications to a frequency range subsequently established by the City of Iowa City.
2 All system components must be 100 percent compatible with analog and digital modulations after
installation without additional adjustments or modifications.
3) Mandatory use of FCC certificated equipment is required.
4) If any part of the installed system or systems contains an electrically powered component, the
system shall be capable of operating on an independent battery and/or generator system for a
period of at least twelve (12) hours without external power input. The battery system shall
automatically charge in the presence of an external power input.
5) Signal levels, percentage of coverage and reliability percentage.
a. A minimum signal strength of one (1) microvolt [-107 dBm] available in 95% of the area of
each floor of the building when transmitted from the, City of IOWa City Communications
Center; and
b. A minimum signal strength of one (1) mi~rovolt [-107 dBm] received at the City of Iowa
City Communications Center when transmitted from 95% of the area of each floor of the
building, via portable radio with public safety microphone; and
c. A 95% reliability factor.
6) The installation of equipment as stated above can not be detrimental to the operation of the Public
Safety Radio System.
7) Testing procedures.
a. Initial tests will be performed by an agent of the City of Iowa City. Certificate of occupancy
shall not be issued to any structure if the building fails to comply with this section.
b. Annual tests will be conducted by the Iowa City Fire Department in conjunction with
inspection procedures.
Section 907.4 Add a sentence to the end of the section to read as follows: Where in the opinion of the
code official manual fire alarm boxes may be used to cause false fire alarms, the code official is
authorized to modify the requirements for manual fire alarm boxes.
Section 907.9 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic
sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler
control valve and waterflow device for each normally occupied floor.
Section 907.9.3 Add a section to read as follows: Zone and address location labeling. Fire alarm
and/or annunciator panels shall have all zones and address points plainly and.permanently labeled as to
their location on the outside of the panel or on an easily readable map of the building.
Section 907.15 Add to the end of the section as follows: Each address point identification shall have
an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the
Iowa City Emergency Communications Center upon activation of supervisory and/or alarm conditions as
specified by the fire code official.
Ordinance No.
Page 8
Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings
provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate
automatically by actuation of a heat-responsive device rated at least 100 degrees F (38 degrees C) above
the operating temperature of the sprinkler.
Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1.
Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall
be 2 ~"National Standard Thread.
Section 1 025.2 Delete the exception in Section 1 025.2 in its entirety and insert in/ieu thereof the
following exceptions:
EXCEPTION:
1) Except for Group A-2, in assembly occupancies where there is no well-defined main exit or where
multiple main exits are provided, exits shall be permitted to be distributed around the perimeter of
the building provided that the total width of egress is not less than 100 percent of the required
width.
2) The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than
two-thirds of the total occupant load.
Section 1026.1 Modify by deleting exceptions 1,2,4, & 7.
Section 2306.7 Modify by deleting footnote "J" from TABLE 2306.2.
Section 2703.5 Add a sentence to the end of the section to read as follows: Signs shall also comply
with the requirements of the Iowa Right to Know law.
. Section 3301.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale, handling
and use of gold. star producing sparklers on wires which contain no magnesium or chlorate or perchlorate,
flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which
contain no mercury or caps used in cap pistols.
Section 3404.2.9 Add a sentence to the end of the section to read as follows: For aboveground
storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks
and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an
approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to
no less than 50 feet.
Section 3404.2.11.2 Add a #4 to the end of the section to read as follows:
4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any
Residential Zone boundary.
Section 3404.2.13.2.4 Add a section to read as follows: Existing above-ground tank hazards. Existing
above-ground tank installations, even if previously approved, that are determined to constitute a hazard by
the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the
fire code official and in accordance with this code.
Section 3405.5.1 Add an exception to read as follows:
6) Corridor installations are prohibited in Group-E occupancies.
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 full force and effect after its final passage,
approval and publication, as provided by law.
Ordinance No.
Page 9
Passed and approved this _ day of
,2007.
MAYOR
ATTEST:
CITY CLERK
Approved by:
~ ~- () t-ei
City Attorney's Office
Hisbldg/Ord/2006 Code Amends/2006 IFC Ordinance.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 9/18/2007
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration 10/2/2007
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia, Elliott. NAYS: None. ABSENT: None.
Date published
(q
j
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE REPEALING ORDINANCE NO. 99-3872, CODIFIED AT TITLE 17 OF THE CITY CODE,
ENTITLED "BUILDING AND HOUSING," CHAPTER 9, ENTITLED, "BUILDING CONSERVATION
CODE," BECAUSE THE PROVISIONS ARE NOW INCLUDED IN THE BUILDING CODE.
WHEREAS, Ordinance No. 99-3872, codified at Section 17-9, adopted the 1997 Edition of the
Uniform Code for Building Conservation, to regulate the use and reuse of legally existing buildings;
WHEREAS, the City's current Building Code, Section 17-2, provides the same regulation as the
Uniform Code for Building Conservation, and thus Ordinance No. 99-3872 is duplicative and should be
repealed; and
WHEREAS, it is in the City's interest adopt this amendment
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Ordinance No. 99-3872, which is codified at Title 17, entitled "Building and Housing," Chapter 9,
entitled "Building and Conservation Code," is repealed in its entirety.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day of
,2007.
MAYOR
App~: :;
~~
~, ~) ~
ATTEST:
CITY CLERK
City Attorney's Office
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 9/18/2007
Vote for passage: AYES: Elliott, O'Dop.nell,
Correia. NAYS: None. ABSENT: None.
Second Consideration 10/2/2007
Vote for passage: AYES:
Elliott, O'Donnell.
Date published
that the Ordinance
Vanderhoef, Wilburn, Bailey, Champion,
Vanderhoef, Wilburn, Bailey, Champion, Correia,
NAYS: None. Absent: None.
~
L.lW
Prepared by: Marian K. Karr, City Clerk, 410 E, Washington St, Iowa City, IA 52240 (319) 356-5041
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8 OF THE CITY CODE, ENTITLED "POLICE
REGULATIONS," CHAPTER 8, ENTITLED, "POLICE CITIZENS REVIEW BOARD,"
ARTICLE 10, ENTITLED "COUNCIL REVIEW," TO DELETE THE 2-YEAR CITY
COUNCIL REVIEW.
WHEREAS, the Police Citizens Review Board was formed in July 1997 by Ordinance
No. 97-3792 to assist the City in processing citizen complaints concerning the Police
Department and assuring the Police Department is responsive to community needs; and
WHEREAS, the ordinance included a sunset clause which automatically repealed the
ordinance on August 1, 2001 unless re-enacted by City Council; and
WHEREAS, Ordinance No. 01-397 removed the sunset clause and replaced it with a 2-
year review by City Council; and
WHEREAS, the City Council now wishes to remove the 2-year review.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CITY, IOWA:
SECTION I. AMENDMENTS.
Title 8, entitled "Police Regulations," Chapter 8, entitled "Police Citizens Review Board,"
Article 10, entitled "Council Review is hereby amended by deleting the 2-year City
Council review.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the Ordinance as a whole or any section, provision or part thereof not adjudged invalid
or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final
passage, approval and publication, as provided by law.
Passed and approved this
day of October, 2007.
Ross Wilburn, Mayor
ATTEST:
Marian K. Karr, City Clerk
~~
9 -;J.r-1J7
T
City Attorney's Office
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 10/2/2007
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell, Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published