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HomeMy WebLinkAbout1996-08-27 Public hearingNOTICE OF PUBLIC HEARINQ Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 27th day of August, 1998, in the Civic Canter Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at ~.(~h hearing the Council will consider: n ordinance vacating a portion of Lee feet, an undeveloped right of way located between River Street and Otto Street. 2. An ordinance amending Title 14, Chapter 6, entitled 'Zoning," Article H, entitled 'Indus- trial Zones," Section 1, entitled 'General Industrial Zone {1ol}~ to allow limited retail sales in the I-1 zone. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319.356-5247 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF LEE STREET, AN UNDEVELOPED RIGHT-OF- WAY LOCATED BETWEEN RIVER STREET AND OTTO STREET WHEREAS, Joel and Sandra Barkan own property at 833 River Street, immediately adjacent to the public right-of-way described below; and WHEREAS, the right-of-way contains a paved driveway and sidewalk which serve the Barken's private residence; and WHEREAS, the Barkaris wish to enjoy the rights of ownership of this right-of-way; and WHEREAS, the subject right-of-way does not provide access to any other property or struc- ture other than the Barkaris' property; end WHEREAS, the subject right-of-~ay is unim- proved and is not a necessary component of the neighborhood's vehicular circulation sys- tem; and WHEREAS, all public and private utility easements will be retained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. Subject to the reten- tion of all public and private utility easements, the City of Iowa City hereby vacates the por- tion of the §O-foot wide Lee Street right-of-way legally described as follows: That portion of the 50-foot wide Lee Street right-of-way located south of River Street and north of Otto Street. ~ECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed.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 unconsti- tutional. Ordinance No. Page 2 SECTION IV, EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19__.. MAYOR ATTEST: CITY CLERK STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp, Associate Planner Item: VAC96-0001. Lee Street Right-of-Way Vacation Date: June 6, 1996 GENERAL INFORMATION: Applicant: Joel & Sandra Barkan 833 River St. Iowa City, IA 52246 Requested action: Vacation of undeveloped portion of Lee Street right-of-way. Purpose: To allow the applicant the ownership and full use of the undeveloped Lee Street right-of-way which is adjacent to the applicants' property. Location: The Lee Street right-of-way, between River Street and Otto Street, east of Lincoln School. Surrounding land use and zoning: North - Residential; RS-5. East - Residential; RS-5. South - Residential; RS-5. West - Public; Lincoln School. Comprehensive Plan: Residential; 2-8 dwelling units per acre. File date: May 6, 1996. BACKGROUND INFORMATION: The applicants, Joel and Sandra Barkan, are requesting the vacation of the 50-foot wide right- of-way of Lee Street, between River Street and Otto Street. The applicants wish to enjoy the benefits of ownership of the right-of-way which they have been using as a yard and for access to their home. ANALYSIS: The Lee Street right-of-way that is proposed to be vacated is undeveloped. The right-of-way is unlikely to be developed due to the steep topography, and only the applicants' property requires the right-of-way for access. 2 The northern portion of the right-of-way has been used as a driveway and walkway for access to the applicants' garage and house. In July of 1995, the applicants were granted a special exception to allow a reduction of the required front yard along the Lee Street right-of-way to one foot, allowing the applicants to build a nine-foot wide entryway at their front door. There appears to be a public storm sewer within the Lee Street right-of-way for which an easement will need to be retained. Private utilities have been notified about the proposed vacation. If there are private utility easements in the right-of-way, they will need to be retained as well. STAFF RECOMMENDATION: Staff recommends that the portion of the 50-foot wide Lee Street right-of-way, located between River Street and Otto Street, and adjacent to the property located at Lot 1, Block 9 and the westernmost ten feet of Lot 2, Block 9 of Chatauqua Heights Addition, be vacated, subject to the retention of a stormwater sewer easement and any private utility easements. ATTACHMENTS: 1. Location Map. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION L~AI~ VAC96-000~ LEE STREET SITE LOCATION -- IOAO E I UNIVERSITY OF IOWA JOEL D. BARKAN 833 RIVER STREET IOWA CITY, IA ,52246 PHONE: 319-337-3062. FAX: 319-339-4512 joel-barkan@uiowa.edu July 22, 1996 TO: Bob Miklo, City Planning Department Jan Yap, City Plan~ing Department FROM:Joel Barkan //~~. RE: Reactivation of a#plication and amended offer for vacation and purchase of city right way located between my property at 833 River Street, Iowa City and Lincoln Elementary School. As you know, the Iowa City Planning and Zoning Commission at its meeting of June 4, 1996, approved our application for the vacation of the City's right-of-way immediately to the west of our property (item VAC96-0001). Subsequent to this approval on Friday, June 5th, I submitted a handwritten memo to your Department requesting that consideration by the City Council of our vacation application be deferred until further notice. I requested the deferral, because was about to leave the country for approximately one month and would not be able to attend the Council meetings at which the vacation application would be considered. I now write to request that consideration of the vacation application be forwarded to the Council as I am able to be present at the meetings. I also write to submit an amended offer for the right-of-way should the Council approve the vacation. Because utility easements (for Mid-America Power and Light, TCI, etc) and sewer easements cover the entire 50' width of the right-of-way, acquisition of this land as a result of vacation will legally extend my yard, but will not permit me or any subsequent owner to erect any structures (e.g. a garage, extension of my home) on this land. In other words, we will gain nothing over present usage other than the security of ownership. We therefore wish to amend our offer for the property to $3,000. NOTICE OF PUBLIC HEARING Notice is hereby given that a pubItc hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 27th day of August, 1998, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. An ordinance vacating a portion of Lee Street, an undeveloped right of way located (~)between River Street and Otto Street. An ordinance amending Title 14, Chaptar 8, entitled 'Zoning,' Article H, entitled 'Indus- trial Zones," Section 1, entitled 'General Industrial Zone {I-1)" to allow limited retail sales in the I-1 zone. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, ]A 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAP- TER 6, ENTITLED "ZONING," ARTICLE H. ENTITLED "INDUSTRIAL ZONES," SECTION 1, EI~ It I LED "GENERAL INDUSTRIAL ZONE (I-1)," TO ADD A SPECIAL EXCEPTION TO ALLOW LIMITED RETAIL SALES IN THE i-1 ZONE. WHEREAS, limited and subordinate retail facilities in the I-1 zone will allow commodities produced within the I-1 zone to be sold at retail in small quantities; and WHEREAS, the size of the area devoted to retail sales will be limited to minimize potential conflicts between the retail and industrial uses; and WHEREAS, the area devoted to retail use shall meet the performance sta}}dards for commercial zones, to ensure the public health and safety; and WHEREAS, a minimum of 90% of the area devoted to retail sales shall be devoted to commodities produced on-site, to enstJre that the retail facility is subordinate to the industrial USe. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Chapter 6, entitled "Zoning," Article H, entitled "Industrial Zones," Section 1, entitled "General Industrial Zone (I-1)," of the City Code be hereby amended by adding the following special exception; D. Special exceptions. 4. Retail facilities, provided a. A maximum of 1,000 square feet of the structure or structures shall be devoted to a retail use; b. The area devoted to retail use shall meet the performance standards for commercial zones as specified in Article S of the zoning chapter; c. No more than ten percent of the retail area shall be devoted to products not Ordinance No. Page 2 manufactured, processed, or fabricat- ed on the site; d. Signs shall be limited to facia, monu- ment and window signs; the maxi- mum area devoted to signage shall conform with the regulations in Sec- tion 14-60-5D, based on the area devoted to the retail use. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK City of Iowa City MEMORANDUM Date: July 11, 1996 To: Planning and Zoning Commission From: John Yapp Re: Retail Use in the General Industrial Zone In October 1995, Don Gringer of Gringer's Feed and Grain submitted a request to amend the General Industrial Zone (I-1) to allow retail facilities within the zone (see attached letter). Currently, wholesale trade activities are allowed as a permitted use in the I-1 zone, but retail trade is not. The Planning and Zoning Commission asked staff to evaluate allowing limited retail sales in the I-1 zone. The reason for separating retail and industrial uses goes back to the purpose of the Zoning Chapter, to promote public safety, health, convenience, and the orderly development of land. Often the site designs of industrial and retail facilities are very different, and incompatible on the same site. Industrial facilities generate a large amount of truck and rail traffic, resulting in wider drives and larger curb radii than would typically be found at a commercial site. Less attention is typically given to the safe and efficient circulation of personal automobiles on an industrial site than in a commercial site. Besides the heavy amount of truck and rail traffic, industrial facilities are usually less safe and user friendly than a retail facility in a commercial zone. Areas devoted to the loading and unloading of trucks, equipment storage, and machinery are often not safe for a retail customer to have access to. In addition, commercial and industrial sites are separated because performance standards, regulating things such as smoke emissions, are more strict in the commercial zones. The public expects commercial facilities to have less smoke emissions, odor, vibration, etc. than an industrial facility. Another reason commercial and industrial zones are separated is to ensure the community provides for the development of industrial firms. Because land values are offen lower in industrial zones, it is conceivable that retail facilities would seek to relocate in the industrial zone if they were a permitted use. For this reason industrial uses might be displaced and potential industrial development precluded. Retail uses would be competing with the city's already established commercial areas. To minimize these concerns, if retail uses are permitted in the industrial zone, they should be clearly subordinate and limited in size and in scope. Staff recommends that retail uses be allowed as a special exception in tile I-1 zone, with conditions in place to ensure the retail use is clearly subordinate to the industrial facility, and does not violate the intent of the I-1 zone. The following paragraphs outline these conditions. intent of the I-1 Zone. The General Industrial Zone is intended to provide for the development of most types of industrial firms. "Regulations are designed to protect adjacent, non-residential 2 zones and other industrial uses in the zone." A subordinate retail use within the I-1 zone would not violate the intent of the zone as long as conditions are in place to ensure the development of industrial firms is not hindered, and industrial operations are not impeded in any way. Performance Standards. The performance standards section of the zoning code regulates the external impacts of commercial and industrial facilities, including smoke emissions, particulate matter, odor, vibration, glare, storage of materials, and screening. The standards for industrial zones are generally less stringent than for commercial zones. Per/ormance standards are in place to protect the health, safety and welfare of the public and surrounding land and uses. If retail uses are to be allowed in the I-1 zone, staff believes the area devoted to the retail use should be subject to the same pedormance standards as any facility in a commercial zone. Size. The size of the retail use should be limited to help ensure it remains a subordinate use, and to help prevent industrial uses from being supplanted by retail uses. Therefore, staff recommends that the square footage devoted to the retail use be limited to no more than 1,000 square feet. One thousand square footage of retail space is enough for a cash register, a desk or counter, and a modest display area. Merchandise. Staff recommends that the sale at retail within the industrial zone be limited to any commodity manufactured, processed, or fabricated at the primary facility to which the retail use is subordinate. For example, a blue jeans factory would be able to sell at retail the blue jeans they manufacture, but would not be able to sell belts, shirts, socks, etc. Staff believes that if items other than what is being manufactured on the site were allowed to be sold, a line would be crossed and the retail use would no longer be a subordinate use. It would become an independent retail facility, and would be more appropriate in a commercially zoned area. Traffic. Although the amount of traffic associated with industrial facilities is not as great as traffic in many commercial areas, the type of traffic is very different. Industrial facilities generate much more truck and rail traffic, while commercial areas generate more personal vehicle traffic. Pavement widths, curb cuts, and curb radii are generally larger than at a consumer-oriented retail facility. The mixture of these two types of traffic may result in awkward or dangerous situations on the site. Trucks may not expect sedans and compact cars to be traveling to and from the retail use and vice versa. Limiting the size and scope of a retail use within the industrial zone will help limit potential conflicts between retail oriented and industrial traffic. Si.qna.qe. To help ensure the retail use remains and is perceived to be subordinate to the industrial use, staff recommends that signage be limited to facia, monument and window signs, to conform with the sign regulations in the CH-1, CC-2, and CCI-1 zones (14-60-5D). The calculation of the maximum area of the signs should be based on the area devoted to the retail use, not the area of the entire industrial facility. Special Exception. Because of the potential for a retail area being located in an inappropriate location even if the conditions regarding performance standards, size, merchandise, and signage are met, staff believes approval of a retail use in the I-1 zone should be granted through the special exception process. This process gives the City, through the Board of Adjustment, an extra level of scrutiny. The Board of Adjustment assesses special exception applications based not only on the specific conditions outlined in the Zoning Ordinance, but also with regard to the public 3 health, safety and welfare. The burden is on the applicant to show that the proposed retail use would not harm a member of the public due to poor location or improper design. Staff Recommendation. To allow limited and subordinate retail facilities in the I-1 zone, staff recommends Section 14-6H-1 of the Zoning Code be amended to add the following special exception: 14-6H-1 Special Exceptions 4. Retail facilities, provided a. A maximum of 1,000 square feet of the structure or structures shall be devoted to a retail use. b. The area developed to retail use shall meet the performance stan- dards for the C zones; see Article S of this Chapter. c. Only commodities manufactured, processe~, ui ~abricated on the site shall be sold at retail. d. Signs shall be limited to facia, monument and window signs; the maximum area devoted to signage shall conform with the regulations in Section 14-60-5D, based on the area devoted to the retail use. Jccogtp~,retalf.mmo Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Gringer Feed and Grain, Inc. 2144 Old Hwy. 218 South, Iowa City, Iowa 52246, (319) 3374171 City of Iowa City MEMORANDUM Date: July 18, 1996 To: From: Re: Planning & Zoning Commission John Yapp, Associate Planner ~ Limited Retail Use in the General Industrial Zone I. There appears to be some question from the Commission as to whether or not retail sales of commodities manufactured on-site is a permitted use in the I-1 (General Industrial) Zone. According to the regulations for the I-1 Zone, wholesale trade is a permitted use, but retail trade is not. The difference between wholesale and retail trade is that retail trade is the sales of items directly to the consumer, while wholesale trade is the selling of items to a retailer, or to a party who will use the item to create another commodity, which would be sold at retail. Article B, 'Zoning Definitions,' of the Zoning Code states that "Terms not defined shall have the meaning customarily assigned to them as defined in Webster's New Collecliate Dictionan/." The definitions of retail and wholesale from this dictionary are shown below: Retail: To sell in small quantities directly to the ultimate consumer. Wholesale: The sale of commodities in quantity usually for resale (as by a retail merchant). The proposed amendment in the July 11 memorandum to the Planning & Zoning Commission, to allow limited retail sales in the I-1 Zone, would allow an industrial facility to construct a small retail area, with signs, to sell commodities which are manufactured, processed, or fabricated on the site. Currently, it is not permitted by the Zoning Code to have such a retail area in the I-1 Zone. Anyone wishing to construct a retail space or remodel existing space for a retail use would be denied a building permit to do so in the I-1 Zone. Therefore, staff recommends Section 14-6H- 1 of the Zoning Code be amended to allow limited retail sales as a special exception in the I-1 Zone, as stated in the July 1 lth memo. II. Some members of the Commission expressed interest in having staff draft language which would not only allow commodities manufactured, processed, or fabricated on the site to be sold at retail, but related items as well. Staff has drafted an alternative to the recommendation in the July 1 lth memorandum, with the changes shown in bold. However, staff's recommendation is still as stated in the July 1 lth memorandum. It would be difficult to enforce the provision that ninety percent of the retail area be devoted to commodities produced on the site. Allowing a certain percentage of the retail space to be devoted to commodities other than what is produced on site raises more enforcement questions than if only commodities produces on site were allowed to be sold at retail. In addition, staff believes that allowing items other than what is produced on the site to be sold may attract increasing amounts of automobile traffic to the industrial site. A retail use which has the potential of selling items common to any commercial facility also has the potential of competing with commercial facilities in already established commercial zones. Altern~tive Language: 14-6H-1. D. Special exceptions. 4. Retail facilities, provided a. A maximum of 1,000 square feet of the structure or structures shall be devoted to a retail use, b. The area developed to retail for retail use shall meet the performance standards for the C Zones; see article S of this chapter. c. Ninety percent of the retail area must be devoted to commoclitle~ manufactured, processed, or fabricated on the site. Signs shall be limited to fascia, monument and window signs; the maximum area devoted to signage shall conform with the regulations in Section 14-60-5D, based on the area devoted to the retail use. cc: Sarah Holecek, Asst. City Attorney Ron Boose, Sr. Building Ihspector Robert Miklo, Senior Planner 0C3-1JY NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 2nd day of July, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. 'l"he designation of thirty-seven properties as Iowa City historic landmarks. 2. An ordinance amending the Zoning Chapter by rezoning the following properties located in Iowa City, Iowa, and oweled by The University of Iowa to P, Public: I E. Park Road {RNC-20), 234 N. Madison Street {RM-44), northwest corner of Dubuque and Church Streets (RM-44), 230 N. Clinton Street (PRM), 324 S. Madison Street (CB-2), 300 Myrtle Avenue {RS-§), 421 Melrose Avenue (RS-5), 315 Melrose Ave- nue {R$-8), 121 Grand Avenue Court (RS- 8), 127 Grand Avenue Court (RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old (~AHighway 218 S. (1~1). n ordinance amending the Zoning Chapter by amending the Conditional Zoning Agree- ment for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the require- ment for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commer- cial zone at 855 Highway 1 West. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK · SHIVE,I"IATTERY 800 First Street NW, P.O. Box 1803 Cedar Rapids, Iowa 52406-1803 Telephone (319) 364-0227 Fax (319) 364-4251 TRANSMITTAL LETTER TO: Mr. Scott Kugler, Assoc. Planner City of Iowa City 410 East Washington Street Iowa City, IA 52240 DATE: August 26, 1996 PROJECT #: 295652-0 RE: Staples, Inc. Westport Plaza Iowa City, Iowa ENCLOSED COPIES DATE 1 8/9/96 1 7/16/96 1 8/26/96 DESCRIPTION Copy of letter from Morris Family Corp. Attorney. Copy of letter countersigned by Wal-Mart Corner Landscape Sketch COMMENTS: Scott: RandalIs International and Staples, Inc. have both indicated they would reluctantly pay the $12,000.00 requested by Morris if it is absolutely necessary. Obviously they would prefer to spend this money on improvements to the center. / Copy: Signed: / /~ Rick A. Bemdt, P.E. Adminl Irapt. 8/96 August 9. lggO v[AF42(~17) 8g~-2129 Mr. Ri¢l~ard J. KaiI2 Goldstein & Kaitz Watermill Center 800 South Street, Suite 380 Waltham, MA 02154 VIA FAX (5~I) 273-1977 Ms. Phyllis Overstreet Wal-Mart Stores, Inc. Property Management Department Mitchell Building 701 South Walton Blvd. Bentonville. Arkansas 72716 Re: Iowa OiLY Site' Amendment to CondRicnal Zonino Aoreement Dear Mr. Kaitz & Ms. Overstreet: I have discussed this matter further with our client Not'withstanding Staple's offer to reimburse our client for its at:torney's fees to us for representation in this matter our client is unwilling [o execute the amendment unless it receives compensation for this. Under the Wal-Mart lease. ~his ,s not the type of document which Morns Family Corporation is required to sign. Moreover. our client does not perceive that [h~s amendment will beneft[ it in any way. at least not In the foreseeable ,'uture. The amount of c~mpensation our client requests is fifty cents (.50) per square foot Dosed on the square footage of the proposed $taple's premises LLH Illlib co: Dr. Arthur A. Morris (by Fax) Sincerely, ALLEY, MAASS, ROGERS & LINDSAY, PA. LOUIS L HAMBY III Post,it" Fax Note 7671 Da:o . '-;.,. [~ oF '- -.,,, ,~(--:~.wgem~' ~.~:~.,. ;,...~... '/ ....~., '.' ~.:. :~' ? ? / ?Z FOLLOWING IS m~ BEST DOCUMENT AVAILABLE JUL 16 '~6 O$:~0PM GOLDSTEIM & KAITZ JUL-I~-~$ TUE 02:41 ?~ ~X H0. 9141 t84S9 Goldstein & Ka~z ATTORNEYS 701 ~ou~ Wai=on ~lv~. ~en~vl!le, ~o~ 72716 A_~pr~al Aukhowl edqed: P. P. 01 ~. 2/2 800 First Street NW, P.O. Box t80;5 Cedar Rapids, Iowa 52406-1803 Telephone (319) 364-0227 Fax (319) 364-4251 TRANSMITTAL LETTER TO: Mr. Scott Kugler, Assoc. Planner City of Iowa City 410 East Washington Street Iowa City, IA 52240 DATE: August 23, 1996 PROJECT #: 295652-0 RE: Staples, Inc. Westport Plaza Iowa City, Iowa ENCLOSED COPIES DATE 1 8/23/96 DESCRIPTION Amended Conditional Zo~fing Agreement COMMENTS: Scott: This is the original agreement executed by RandalIs International, Staples, Inc. and Marrel Corporation. Copy: Signed: ~ , Pack A. Berndt, P.E. Adminl Irapt. 8/96 NOTICE OF PUBLIC DISCUSSION Notice is hereby given that a public discussion will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 27th day of August, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. An ordinance amending and adopting the 1996 edition of the National Electrical Code as the Iowa City Electrical Code. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM Date: August 19, 1996 To: Mayor and City Council Members From: Ron Boose, Senior Building Inspector'S:) Re: Local Amendments to the National Electric Code The ordinance recommended by the Board of Appeals for your consideration contains several changes in the local amendments from past ordinances. Of these changes, one was proposed by staff, two by Board of Appeals members, one by Mid American Energy, and one by a City Council Member. An additional proposal by Mid American Energy was not recommended by the Board. Adicle 201-52 requires installation of an outlet in the vicinity of where a water softener is likely to be installed. We have observed numerous water softeners installed with extension cords in new homes, which is both unsafe and illegal. This provision will add to the cost of a new home (less than $50) but will be providing a savings over having an outlet installed at a later date. [Proposed by Board of Appeals member] The local amendment to Article 230-71 was eliminated, which will now allow for up to six separate disconnecting switches to disable an electrical service. The previous local amendment allowed only one. Mid American Energy contends that this will save their customers money; however, estimated savings were not provided. [Proposed by Mid American Energy Co.] Article 334-23 requires a grounding conductor to be present in all "core clad" wiring systems. The National Electrical Code (NEC) allows the metal jacket of core clad wire to be used as the grounding system. In the opinion of the Board and staff, this method of grounding an electrical system is very subject to failure. The additional failure to increase the cost of core clad wiring systems. [Proposed by Board of Appeals member] Article 336-5 allows for the expanded use of Romex wire in wood framed construction. This provision will lower cost for multi-family and small commercial buildings. Estimated savings for a typical 12-plex is approximately $4,000. [Proposed by a City Council Member] Article 370-27 requires all ceiling boxes that are located where a ceiling fan could be installed, to be approved for ceiling fan installation. Ceiling fan boxes are heavier-duty and do add cost; however, many ceiling fans are being installed to boxes which are not tested and approved for that purpose. Nationally there were over 40,000 incidents of fans falling last year. Again, this will add to the cost of a new home (in the range of $200) but will reflect a savings over the cost of retrofitting later. [Proposed by staff] Mid American Energy proposal to allow them to sell unlisted wire to their customers was not supported by staff or Board members. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 6th day of August, 1996, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, regarding the intent to convey a four-foot wide tract of land (at least 1500 square feet) from the northerly portion of the Shamrock Place Apartments, 3501-3560 Shamrock Place, Iowa City, Iowa, to the Court Hill Owners Association, with the City retaining a recreationat/access easement. Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place.