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HomeMy WebLinkAbout1998-07-07 CorrespondenceFYOlTI: Date sent: To: Subject: AlexR10@aol.com Sat, 27 Jun 1998 05:00:04 EDT council@blue.weeg.uiowa.edu Support For Gunnerz It came to my attention as of recently that the bar/club Gunnerz has struggled to re-open due to difficulty in obtaining a liquor license. I find this most unfortunate, and feel that the lack of such a unique venue will ultimately hurt the cultural diversity, as well as general appeal, of Iowa City. Alex Sat, 27 Jun 1998 08:17:14 ACC 'SS Your Neighborhood Network Public Access Television FROM THE BOARD June 24, 1998 Dear Council Members: .,L JUN 2 z~ 1998 CITY i I/ hl/,%Z;t'S OFFICE When Rene Paine issued an invitation to Council Members, it was to a formal Guidelines Workshop, not to a Public Access Television board/City Council meeting. Guidelines is one of a series of workshops the staff holds for members of the community who wish to use the PATV facilities. The Guidelines Workshop is required of all local producers and providers, it is designed to inform them on a number of topics including what is and is not allowed to be cablecast over Channel 2. I believe this will be very informative and helpful to council members and I encourage you to use the time you have set aside (July 15, at 7 PM) for this purpose. As chair of the board I regret any miscommunication and confusion that has been created. Our next board meeting is set for July 16 at 7 PM in the Iowa City Public Library. PATV's programming will be on the agenda and I extend to all of you an invitation to that meeting. Respectfully, Christina Randall Chair, Board of Directors 123 South Linn Street Iowa City, Iowa 52240 Phone (319) 338-7035 Fax (319) 356-5494 e-maih patv@avalon.net web site: http://www.avalon.net/~patv ACC 'SS Your Neighborhood Network Public Access Television June 22; 1998 Dear Members of the Council, Thank you for setting aside time on the 15th of July to attend a PATV Guidelines workshop. This workshop is designed to introduce citizens to the policies and procedures which govern PATV. Hopefully this will assist you in better addressing the questions and concerns of your constituents. As always, this workshop is open to the public and will encourage questions and discussion. The scheduled time is 7-9 pm and location is the regular Guidelines meeting place, the Assembly Room at the Senior Center. If you would like to contact me for any reason, you may reach me at 338-7035. I'm looking forward to seeing you on the 15th. Sincerely, Ren~ Paine Director 123 South Linn Street Iowa City, Iowa 52240 Phone (319) 338-7035 Fax (319) 356-5494 e-mail: patv@avalon.net web site: http://www.avalon.net/~patv revised 1/16/98 GUIDELINES Public Access Television (PATV) 123 S. Linn St. Iowa City, Iowa 52240 Phone: (319) 338-7035 email: patv@avalon.net web add ress: http://www.ava Ion. net/~patv/ Hours of Operation: Monday - Thursday: 12 pm- 9 pm Saturday: 11 am - 5 pm Sunday: 1 pm -4pm Friday: CLOSED SIGNIFICANT DATES Public Access Television will be closed on the following days: New Year's Eve Day, New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Saturday after Thanksgiving, the day before Christmas and Christmas Day. Meetings of the PATV Board of Directors are the third Thursday of each month at 7:00 p.m. The Annual Meeting is the third Thursday of November. PATV Guidelines 2 THE MISSION OF PUBLIC ACCESS TELEVISION, INC. Public A~cess Television is a resource dedicated to diversity in community communication. Public Access Television provides opportunities for local citizens to make use of current technology to exchange information and ideas and to participate in the democratic process. Public Access Television promotes media literacy through training in media production and critical viewing. PATV Guidelines 3 THE HISTORY OF PATV IN A NUTSHELL Pre-1990: Concerned citizens establish Access Iowa City and succeed in establishing PATV when cable company changes hands (1989). 1990-91: PATV ol~ens its doors as a private not-for-profit business. There is a full-time executive director, a center coordinator, and an administrative assistant. Plus two part-time production specialists. We are open from 3-9, Monday through Thursday, and 11-5 Saturday. We start out as Channel 26--"You with a View." 1992-93: PATV changes to a team management structure (3 co-directors), which evolves into a team of one full-time director and several part-time production specialists + interns. Hours are expanded: 12-9, Monday through Thursday, 11-5 Saturday. A new mission statement is adopted. The switch is made to S-VHS. We put together a proposal for the refranchising process. Our channel number changes to 2--"Be It/See It on Channel 2." Later the logo becomes "Access 2." 1994-95: PATV takes on the issue of community programming. PATV gets involved in refranchising discussions and a new franchise is adopted. 1996-97: The new telecom bill passes. PATV negotiates a new contract with the city. The community programming issue is resolved: some pass-through money will go toward a community programmer position. PATV opens on Sunday, 1-4. THE SET-UP The Board of Directors of Public Access Television, Inc. sets policies for the organization. These policies are then implemented through procedures determined by the director. The director also gathers information and suggestions from staff, student interns, volunteers and producers at PATV, and relays this input to the Board. Board meetings are held the third Thursday of each month at 7:00 p.m. and are open to anyone interested in PATV. PATV Guidelines 4 THE PLAYERS Public Access Television's facilities and cablecasting on the public access channel are available to any resident of the Iowa City community or the surrounding areas. In addition, it is intended that these facilities and channel space on the public access channel be used by community groups and non-profit organizations. USING THE CHANNEL The facilities and equipment available at the public access center are free of charge to the public with the understanding that: Before any equipment is scheduled or checked out, or cablecast time allotted to a community producer, program provider, group or organization, all appropriate workshops must be completed. 2. All programming produced with PA TV's equipment is to be cablecast on the Public Access channel. As a rule, equipment may not be checked out more that 30 hours per month by one community producer/provider, community group, household or nonprofit organization. If a producer has special project needs, he or she must talk with the director prior to the start of the project to discuss accommodations. If a community producer receives a grant to produce a program, and uses PA'I'V equipment or facilities in the process of fulfilling obligations specified by the grant, he or she must pay 5% of the grant monies received to PA TV for use of the equipment. If a community producer produces a program and sells it, he or she must pay 5% from the gross sale of that program to Public Access Television for the use of equipment. These rules are enacted to reflect the philosophy that public access programming exists as an alternative to commercially-oriented broadcast television. HOW TO CABLECAST PROGRAM5 Playback time on PATV is available without charge on a first-come, first-served basis· The total amount of cablecast time will not exceed 10 hours per month for any one producer/provider, group, household or non-profit organization. To have a program cablecast over PATV, a local producer or provider must complete the Guidelines workshop and fill out a Program Contract. (Contract forms may be found in the front office of Public Access Television.) The completed Program Contract and the program with appropriate labeling, must be PAI'V Guidelines S turned in together, two weeks before the desired playback time. This is necessary in order to include the program in the local cable listing in the Saturday edition of the Iowa City Press Citizen. A prorider is an area resident who provides pre-produced tapes to PATV. As mentioned above, a provider must complete the Guidelines workshop prior to submitting a tape for cablecast and schedule a special provider workshop (if necessary) where the provider is shown how to edit onto his/her program a Statement of Responsibility. Produce~'s interested in cablecasting a live show originating from the Public Access Television studio must contact the staff person in charge of programming at least two weeks in advance of the live cablecast. The programming coordinator and the producer will look at available times in the programming schedule and determine the appropriate time for the live cablecast. For all live cablecasts featuring live call-ins, the producer is responsible for providing an operator to handle incoming calls and an audio engineer to monitor the audio mixer during the cablecast. These names must be provided on the Program Contract before the program is cablecast. Live call-in procedure: When a call comes in, the operator answers the call, asks for the caller's name and phone number, and then calls the person back. The operator informs the person that the call will be recorded on tape. At the appropriate time, the designated audio engineer will turn up the audio on the mixer, allowing the person on the line to be heard over the air. The audio engineer will monitor the call while it is being broadcast. The liability for program content, in all cases, is the producer's. Public Access Television may schedule subsequent showings of programs beyond the playback time requested by the producer. Public Access Television may also use the program or portions of the program to promote public access programming on the local channels and within the community without further clearance from the producer, unless a producer requests otherwise at the time of turning in the Program Contract. When portions of the program are used in a montage sequence fashion, the producer, non-profit group or organization will be given a written credit. PROGRAM REQUIREMENTS 1. Stable video signal 2. Clear audio signal If any portion of the recorded program would cause cable viewers to think that the system is having technical difficulties, then the videotape will be returned to the producer or provider with suggestions on how to correct the problem. PATV Guidelines 6 3. Statement of Responsibility Each program cablecast on the public access channel must contain a statement similar to the folio.wing: (Producer's/provider's name) is solely responsible for the content of this program. PATV, Inc. is not responsible for program content. It is the responsibility of the producer or provider to edit this statement onto his/her program before the first cablecast. If this statement is not clearly present, the pro~Jram will be removed from the schedule and the producer or provider will be notified that his/her program will not be cablecast until the statement is inserted. TAPE AND TAPE CASE LABELING All programs must be labeled on cassette front and spine of storage case with the following: 1. Producer's name 2. Producer's telephone number 3. Series or program title 4. Program record date TAPES REFUSED FOR CABLECAST Tapes that are refused for cablecast must be retrieved within 30 days of notification for correction. If not retrieved within that time, or if a stamped, self- addressed mailer has not been provided, Public Access Television reserves the right to erase and recycle or discard these materials. Further, a certified user may be denied access to equipment use for other projects until the corrections to the video tape have been completed to the Public Access Television staffs satisfaction. PROGRAM CONTENT In accordance with federal, state and local law, a program cablecast live or on tape on the public access channel may not include the following material.' 1. GAMBLING Your program may not promote or conduct any lottery, raffle, contest, or game involving prizes awarded in whole or in part by lot or chance. PATV Guidelines 7 2. OBSCENITY The program may not contain material which is obscene. Federal law states that material is obscene if: - the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interests; the work depicts or describes, in a patently offensive way, sexual . conduct specifically defined by the applicable state law, and; the work, taken as a whole, lacks serious literary, artistic, political or scientific value. 3. SOLICITATION The program may not solicit funds or other property of value from viewers, with the exception of non-profit fundraisers. Fundraisers must be okayed by the director. 4. ADVERTISING The program may not promote the sale of products or services, including prices, or promote or endorse a trade or business. 5. PRODUCTS OR SERVICES The program may not discuss or show products or services made available by persons, corporations or institutions which have a commercial interest in the subject of the programs. It may, however, identify underwriters providing grants or contributions to defray the cost of programs. PROGRAM UNDERWRITING The underwriting of programs cablecast on the public access channel to defray costs is permitted, provided that such underwriting does not constitute commercial exploitation of the public access channel. UNDERWRITING GUIDELINES - Advertising, as defined in the "content" section, is not permitted. - Corporate Iogos with an accompanying slogan are permitted only at the opening and/or close of the program. - Underwriters' phone numbers are not permitted. PATV Guidelines 8 - Underwriting acknowledgments may be spoken and/or written but are limited to 10 seconds each at the beginning or the end of the program. Any mention of product or services performed is prohibited. - The picture of the commercial establishment underwriting a program is not permitted, unless it is part of the copyrighted company or corporation logo. The identification format must be exactly like the following: THIS PROGRAM HAS BEEN MADE POSSIBLE (IN PART) BY A GRANT FROM/BY SUPPORT FROM (SPONSOR'S FULL NAME}. 6, COMMERCIAL IDENTIFICATION The program may not promote, or make reference to any product, service, trademark or brand name in any manner which does not in some way correlate with the message being brought forth in the program being produced for cablecast on the access channel. 7. MISREPRESENTATION The program may not contain any material which is intended to defraud the viewer or designed to obtain money by false or fraudulent pretenses, representations or promises. 8. ILLEGALITIES The program may not contain any material which constitutes libel, slander, defamation, invasion of privacy or publicity rights, unfair competition or violation of trademark or copyright or which may otherwise violate any local, state or federal law. If solicited by the county attorney for review, a program may be suspended from cablecast on the public access channel pending determination by the county attorney as to whether or not the program contains any illegalities. APPROVALS, CLEARANCES Producers must obtain in writing, and be able to produce upon request, all necessary approvals, clearances, licenses, etc., for the use of any program material to be cablecast. This includes, but is not limited to, approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers' representatives, and all persons featured in the program material, and PATV Guidelines 9 any other approvals that may be necessary to transmit the program via the public access channel. COPYRIGHT The copyright and ownership of any program produced by an individual producer or non-profit organization or group is the property of that individual or group. They must bear full responsibility for the content and material used in all programs produced with Public Access Television equipment and are responsible for content.of programs submitted for cablecast on the public access channel. This includes both taped and live programming. As stated in the content section of these Guidelines, no program will be cablecast until all appropriate copyright and clearances have been signed by the parties involved. These documents must be presented to Public Access Television staff upon request. If producers have questions regarding copyright applications or statutes, they should consult the appropriate legal counsel. Public Access Television staff cannot legally advise a producer on the proper use of copyright. SERIES PROGRAMS Each series producer is allotted one prime-time series slot and one off-prime- time series slot. Prime time is from 5:30 to 10:30 pm Monday, Tuesday, Wednesday, Thursday and Saturday. · To get a prime-time slot, a series producer must give two taped programs to PATV staff. Exceptions: live series do not need any taped programs on hand; series featuring timely commentary need only one taped program on hand. Each prime-time series producer or provider must submit at least five never- before seen programs during each thirteen-week PATV season. PATV's seasons are: January 1 to March 31; April 1 to June 30; July 1 to September 30; and October 1 to December 31. Each new program submitted during a season may be shown at most twice during that season in prime time. Any producer who has difficulty meeting this requirement is strongly encouraged to share his or her time slot with one or more other producers so PAI'V Guidelines 10 each runs a program in alternate weeks. PATV's Programming Coordinator will help organize slot sharing. STAFF-ASSISTED SERIES Approximately every three months, PATV solicits series proposals from the community at large. The idea behind staff-assisted series is that people who have a good idea for a program but don't have the technical assistance or are not sure how to get started get a little extra help from the staff. The criteria for these series is that ~hey be half-hour programs produced in the PATV studio, and that the staff commitment be six programs or three months, whichever comes first. The staff- assisted series producer must attend the Guidelines workshop, and the goal is to establish a trained volunteer crew by the end of the staffs commitment in order to keep the series going. OPEN CHANNEL Every other Friday evening, from 5-6 pm, PATV opens its studio to the general public and invites anyone to come be on tv. The purpose of Open Channel is to make television accessible--no workshops need be taken to be on Open Channel. Each participant is responsible for the content of his or her segment, and the PATV staff serves as crew. WORKSHOP STRUCTURE The workshop structure is designed to educate community members about local programming in Iowa City and to provide a community producer with hands-on instruction on how to produce a video program. Public Access Television's workshops are designed to provide the public, as potential community producers, a quick and accessible way to learn the beginning basics of video production and give them an avenue for producing local video productions for the public access channel. The training workshops give a broad overview on the use of video equipment and production techniques. They also provide the potential producer with helpful suggestions that are aimed at the specific production that he or she has in mind. If a member of the community is interested in becoming involved in local programming but does not necessarily want to produce a video of his/her own, he/she can contact a staff member at Public Access Television. The individual will be assisted in registering for the monthly Public Access Television workshops and will then become part of the PA'I'V volunteer program, where individuals help other community groups and community producers in the production of their video programs for the public access channel. PATV Guidelines For each of the workshops there is an accompanying fee as follows: Guidelines and Orientation - No Charge! Camcorder $10.00 Lights & Sound $10.00 Editing I & II $10.00 Studio $10.00 Amiga $10.00 Portable Studio $10.00 Fees must be paid in advance before the individual can sign up and be placed in the workshops. Group workshop fees are available. Volunteer work may be accepted in lieu of payment for workshop fees, but a deposit equivalent to the workshop fees must be left before the workshop is taken. When the appropriate number of volunteer hours have been completed, the deposit will be returned to the producer. If the volunteer hours are not worked within three months, the deposit becomes a donation to PATV. PLEASE NOTE: All workshops will start on time. You may lose your spot in the workshop if you are late. Most workshops have people waiting on standby to get in, and the instructor will give unfilled spots to them. The average time is one to two months to go through all production workshops. This is dependent upon equipment availability, number of workshop requests per month and previous video experience of the registrant. TESTING OUT OF WORKSHOPS AND ONE-ON-ONE WORKSHOPS A person may test out of the following workshops: camcorder, editing and Amiga. In order to test out of a workshop, a person must make an appointment to come in and demonstrate competency on the equipment by doing exercises made up by the workshop instructor. There is no cost for a test out. If a person is unable to attend a workshop, a one-on-one workshop may be scheduled with a staff person, depending on equipment and staff availability. this case, the regular workshop fee will be charged. THE WORKSHOPS Guidelines This free workshop is mandatory for all new producers and providers. It includes the history, rules and procedures of Public Access Television, Inc. as well as an introduction to the resources available. PATV Guidelines 12 Cameorder Participants learn the features of available camcorders, basic operation and care, lighting and audio tips. Lights & Sound Participants become familiar with basic lighting and audio techniques. Studio This is an introduction to the PAI'V studio, including basic camera operation, lighting, audio set-up, effects/switching, and basic directing. Editing I Producers will learn assemble and insert editing on 3/4", Super VHS, and VHS editing systems. Editing II A continuation of Editing I, this workshop provides participants with more hands-on editing practice. Amiga--Computer Graphics This workshop introduces producers to the use of computer graphics in video programs using Amiga computers and various graphics programs. Portable Studio Producers learn how to check out, set up and run the PA'FV portable switching system. (Prerequisites: Camcorder Workshop, Lights & Sound Workshop, and Studio Workshop.) PRODUCER CARDS Producer cards are given out after completion of the Guidelines. The card will be initialed at the completion of other workshops. After receiving a card, producers are entitled to use only the equipment covered by workshops noted on the card. Cards must be available to staff when producers check out equipment. HOW TO RESERVE EQUIPMENT Reservations for all equipment may be made as far as one month in advance. This means that on March 5, for example, a producer may reserve the equipment that he or she needs from March 5th to April 5th. Producers are encouraged to book PATV Guidelines the equipment at the earliest date possible because of high demand for public access equipment. Reservations may be made by phone or in person, only when the access center is open to the public. Individuals may reserve ONE of the following units of equipment per day: camcorders, studio, or editing. The computer may be reserved AT THE SAME TIME that studio or editing equipment is booked, or independently as a unit of equipment. When reserving the portable studio, two camcorders may be reserved at the same time. When calling to make reservations, producers should give their name and specify the equipment they want to reserve and the day anc~ time they want to reserve it. When reserving the studio, please specify whether the program will be a live program or a taped program. Live programs must be booked two weeks in advance. Please let the staff person know if any special arrangements will be needed at the time of the production, such as using additional lighting or microphones. Time booked for equipment - used or not - will count against a community producer's thirty hours per month unless that producer cancels his/her booking at least one (1) hour prior to the time scheduled. A community producer scheduled to use equipment for a given period is allotted a half-hour grace period to show up. Should a producer not show up within the thirty-minute period or fail to call and explain why he or she is late, the equipment becomes available to anyone who calls or stops in to use it. The first instance of no-show/no-call will result in a verbal warning from the staff. The second instance will result in a written warning. If this happens a third time, the producer will have to provide a $50.00 deposit which will be held for three months and then returned if there are no further no-shows during that period. If a fourth no-show happens during this time, the deposit becomes a donation to PATV, and the producer loses the privilege of using equipment for six months. HOW TO CHECK OUT EQUIPMENT Producers will be required to sign a Statement of Compliance at the Guidelines & Orientation workshop that states that PATV has the right to show any programming produced with PATV equipment and facilities on its channel or channels, and also that the producer agrees to pay the costs of repair or replacement of equipment or materials resulting from damage, misuse or theft while equipment or materials are in their possession or control. Those under legal age (18) are required to have their parent or guardian sign the Statement of Compliance. After a legally responsible adult signature has been obtained for a community producer under 18, the producer need only fill out the Equipment Check-out Form when checking out equipment. Equipment must be picked up by the person who reserved it. The producer is responsible for setting up and examining the functions of the camcorder, light kit and any other pieces of portable equipment that he or she checks out before PATV Guidelines leaving Public Access Television to be sure everything is working properly. Overnight use of portable equipment counts 8 hours against producer's monthly usage total of 30 hours. The use of the portable studio package counts 12 hours per overnight. Check-outs from Thursday through Saturday and Saturday through Monday count as 8 hours for camcorders, 12 hours for portable studio package Producers checking out portable gear, using the editing systems, or working in the studio, must demonstrate, upon request, an ability to set up and operate the equipment. Failure to successfully do so is considered grounds for refusal of access to the equipment at that time. A producer who reserves studio or editing time must be the primary user of the resource. The same standard is applied to portable equipment. All persons refused access to equipment due to failure to pass the skills test at the time of equipment check-out must be informed of the appeals process and grievance procedure contained in these Guidelines. All persons who fail the equipment skills test will be required to re-enroll in the appropriate equipment workshop. A producer will not be able to check out that particular type of equipment (portable, editing, studio) until he/she has completed the workshop(s) again and passed the appropriate skills test at the time of check-out. HOW TO CHECK IN EQUIPMENT Equipment checked out to community producers is due back at the time listed on the check-out sheet. If the equipment is not back at that time, fines as outlined in the next section of these Guidelines will be assessed. Only the producer who checked out the equipment may check the equipment back in. There are no exceptions. Portable equipment check-in includes setting up the equipment and having a staff person shoot a test tape. It is the responsibility of the producer to inform the staff of any equipment malfunctions which occurred during the check-out period. Repair costs will be charged to the producer if equipment is damaged from negligence or abuse. Negligence or abuse of the equipment is determined by the staff person on duty at the time of check-in. The staff person reports this finding to the director, who makes the final decision whether or not to assess the fine. Producers who disagree with the decision of the director may follow the guidelines set out in the Public Access Television Grievance Procedure, contained in this document. PENALTIES FOR LATE RETURNS The fines are as follows: EACH HOUR OVERDUE: $2.50 (Up to six hours) PAI'V Guidelines These fines go into effect when the user has not notified the Public Access Television staff at least an hour in advance of the scheduled check-in time that the equipment will be late. If equipment is late more than six hours, it will be reported to the Iowa City Police Department as being stolen. Producers who have returned equipment late, or have damaged equipment while it was in their care, will be responsible for paying the appropriate late fees or equipment replacement costs. If a producer is not able to pay the amount in full at the time of the violation, a payment schedule may be worked out with the director. Furthermore, if a case is on appeal, as set out in the Guidelines Enforce.rnent Procedure, the producer may not use the equipment or facilities of Public Access Television until a final ruling has been reached by the Public Access Television Board of Directors. TAPES A program tape will be supplied by Public Access Television. This tape will remain the property of Public Access Television. Producers or providers supplying their own tape are responsible for collecting their tape after the last cablecast. If a program tape, belonging to an individual producer, non-profit group or organization, has been unclaimed for up to 3 months after the original cablecast date, and reasonable attempts have been made by Public Access Television staff to contact the individual or group in question, the tape will become the property of Public Access Television. Public Access Television does not have the right or privilege to sell or commercially distribute any locallyproduced programs without the written consent of the producer, non-profit group or organization. DUBBING POLICY A producer may request one copy of his/her finished program, free of charge. Tape will be furnished by the producer, Please allow one week for dubbing. Additional copies of a producer's program may be made at the rate of $5.00 per copy, with tapes furnished by person requesting the copy or copies. Anyone wishing to make a copy or copies of a program must have permission from the producer and must supply their own tape(s). All dubbing will be done by PATV staff. DISRUPTION OF BUSINESS POLICY POLICY INTENT All people who work at Public Access Television deserve the respect and freedom to work on their projects without the fear of harassment or interruption by other PATV Guidelines 16 producers. Since some of the projects that are produced at the center are of a controversial nature, producers should have no doubt that while they are working on a particular project they will be free to complete the project to the utmost of their ability. GENERAL RULES No patron will be allowed to disrupt the daily flow of business in the Public Access Television office. This includes any event or occurrence that prevents the staff from performing their daily tasks. Patrons are responsible for the behavior and disruptiveness of their guests. Should a violation of this policy occur, the staff will make reasonable attempts to persuade the patron to rectify the situation. Should these reasonable attempts fail, the patron will be asked to leave, thus forfeiting the remainder of the time he/she had reserved for that session. A second occurrence will result in a six month's suspension of access privileges. Patrons have the right to appeal any decision through the Public Access Television Grievance Policy included in the Guidelines. SPECIFIC GUIDELINES The following guidelines will be followed by community producers when they conduct business at Public Access Television. 1. No food or drink in the studio or control room. 2. Use of the telephone by community producers should be limited to two minutes. A pay phone is available in the library. 3. All producers will respect the personal space and rights of other producers working at the access center. 4. All business that producers have that involves Public Access Television staff will be conducted in a businesslike manner. If a Public Access Television staff person feels that a producer is causing a disruption either to the staff person or to other producers, they can ask the producer in question to leave the access center. If the producer fails to leave, the staff person has the option of calling the local police to have that producer removed. PAI'V Guidelines 17 INFORMAL GRIEVANCE POLICY AND PROCEDURE Any person may present an informal grievance orally to any member of the Public Access Television staff, either in person or by telephone. If a staff person receives an oral grievance, he or she should make a written notation of the receipt. The notation should include the date and a concise summary of the grievance. Public Access Television staff members will make every effort to resolve an informal grievance immediately. On receiving an informal grievance the staff member may select one of three options: 1. Respond immediately. Ask for five (5) working days (working days being defined in this document as those days that Public Access Television is open to the public) to research or investigate the grievance before responding either orally or in writing. 3. Require that the grievance be presented formally to the director. FORMAL GRIEVANCE POLICY AND PROCEDURE Any person may present a formal written grievance to any member of the Public Access Television staff, in person or by mail. All formal written grievances require the following information in order to be processed: Names of all persons participating in the filing of the grievance, or identification of a single "contact" person to whom the response should be directed. A grievance will be considered as being presented by an individual in the event that a person claims to represent a group or organization. 2. The current address of all persons participating in the filing of the grievance or of the designated "contact" person. 3. Current home and work telephone numbers of all persons participating in the filing of the grievance or of the designated "contact" person. An indication of the time of day and location at which persons filing the grievance and/or the designated "contact" person can most likely be reached. 5. The nature of the grievance clearly stated with relevant details as foil ow s: PAI'V Guidelines 18 - If the grievance is based on a policy or procedure, it should include: a. An explanation of which policy or procedure is in question. b. The nature of the grievance against the policy or procedure. c. The recommendation(s) for change in the policy or procedure. - If the grievance is based on an incident, it should include the following relevant information: a. The name of, or a description of, the staff person(s) involved in the grievance incident. b. The name of, or a description of, any other person(s) involved in the grievance incident. c. The date and the time of day of the grievance incident. d. The location where the grievance incident occurred. A clear and complete explanation of what occurred and of the response and/or behavior of the staff person(s) and/or other person(s) involved in the incident. 6. Once the grievance is received, the director will attempt to make an initial contact with the person(s) filing the grievance, or with the designated "contact" person, within five (5) working days. A final, written response can be expected no later than 14 working days from the date that the grievance was received, with appropriate allowance given for postal delay. Failure to follow the grievance policies and procedures as stated above may result in a delayed response to any grievance. A continued failure to follow grievance policies and procedures will relieve Public Access Television from any responsibility to respond to the grievance. GUIDELINES ENFORCEMENT PROCEDURE When any staff member determines that there has been an apparent violation of any of the guidelines that have been previously mentioned in this document he/she will follow the following procedures: 1. With regard to alleged violations of any of these Guidelines and procedures, he/she will send the user written notification of the alleged violation and advise the user of his/her right to meet with the director before a final determination, including possible sanctions, is made. The user shall be advised that his/her request for a meeting must be hnade to the director orally or in writing within two weeks of the date of the letter of notification. PATV Guidelines 19 A staff member may suspend cablecast of a program, provided that the program contains alleged violations of procedures previously stated in these guidelines, or provided that continued cablecast of the program would create clear and substantial risk of legal liability for Public Access Television. In the event of suspension of cablecast, the user shall be sent written notification of the alleged violation within 48 hours of the suspension. Copies of that notice shall be sent at the same time to all members of the PATV Board of Directors Executive Committee. All other procedures for processing alleged violations, indicated in the following section, shall also apply. After meeting with user, or, if no meeting is requested, after two weeks from the date the user was notified of the infraction, the director must take one or more of the following actions: a. Determine that no further action is required. b. Require the user to re-take, free of charge, the appropriate workshop prior to further use of Public Access Television facilities. c. Suspend for a period of time, or revoke, in whole or in part, the user's rights to use Public Access Television facilities. d. Take such other action as is fair, reasonable and equitable. 4. No person shall have user rights suspended or revoked unless the director determines that the user's conduct is an aggravated infraction of Public Access Television's rules and regulations. In determining whether an infraction is aggravated, the director shall consider whether: a. The user has been involved in previous infractions. b. The infraction reflects a serious disregard by the user of the personal or property rights of others. c. The infraction reflects a serious disregard by the user of the proper care, use, treatment or protection of Public Access Television facilities. d. The infraction was intentional or demonstrated a willful disregard for these rules and procedures. The director shall notify the user in writing of a decision to impose sanctions as soon as possible. If the director suspends or revokes user rights and if the director determines that the user's conduct seriously endangered Public Access Television facilities or the person or property of others, the notice shall so state, and the revocation or suspension shall take effect immediately. Otherwise, sanctions shall not take effect until 20 days after the user is notified of the director's decision. The Executive Committee shall be sent a copy of any executive notice required by this section. Upon receipt of a written appeal from a user, the Executive Committee shall include the matter on its agenda, granting priority over all the other agenda matters except for the appeals made under this section. That PA'I'V Guidelines 20 portion of an Executive Committee meeting at which an appeal is heard shall be open to the public and shall be recorded. At the meeting the director shall describe any sanctions imposed and the basis for alleging a violation of Public Access Television rules. The user shall then be entitled to testify regarding the alleged violation and any sanctions. Both user and the director may present witnesses or evidence related to the alleged violation. Public comment will be taken at the discretion of the committee. If the Executive Committee determines that there is sufficient basis to justify the director's determination of a violation of Public Access Television rules, then that determination shall be affirmed. The committee may modify the director's determination or any sanctions imposed or may make a new determination or impose new sanctions. If the committee determines that there was not sufficient basis for the director's determination of a violation of Public Access Television rules, the Committee shall remove any sanctions which were based upon the determination. 8. Any decision by the Executive Committee shall be final and conclusive. 9. Any Public Access Television employee may cause any person to be removed from Public Access Television studios or facilities and may require any person to return any Public Access Television equipment in his/her possession when the person is interfering with other Public Access Television users or employees in the performance of Public Access Television business or activities, or when the person is placing in immediate danger any Public Access Television facilities or personnel or the person or property of others. Any Public Access Television employee who takes such action shall make a written report to the director of the actions taken, and the circumstances that caused them to take such action. City Council City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 701 Eastmoor Ddve Iowa City, Iowa 52246 July 1, 1998 Dear Councilors: It was my privilege to attend your June meeting. Although I did not address you at the meeting, I did observe the number of speakers, mostly producers, who spoke on the issue of the pornographic program that was aired on Public Access Television. I came away with the following observations: 1. Public Access Television producers turn to the Press Citizen for their information, rather than watching their own videotapes of your meetings with the result that they were misled by false reporting on the part of the Press Citizen. This tells me something about the credibility of Public Access Television when its own producers fail to utilize it as a source of information. 2. Not a single producer defended the objectionable program in question. In fact, one producer worked diligently to distance himself and his productions from that of the program. 3. None of the producers offered any solutions to the problem at hand, retreating into a defense of either their own programming, which was not being questioned, or of Public Access Television in general, which was also not being called into question. 4. The producer of the objectionable program did not appear to explain and defend the program, leaving the matter quite open. I found Mr. O'Donnell's position on the matter to be quite reasonable and justified and applaud his willingness to take a stand on an issue that has the potential to destroy Public Access Television. I find it quite baffling that the producer of this particular program was able to air it on Public Access Television with taxpayer support when it would never have seen the light of day on any other private channel. I also find it baffling that there are no warnings or controls to prevent such smut from reaching the children of Iowa City. Network television has adopted a rating system for its programming which, despite numerous criticisms, seems to be working. Cable television has a system by which parents can block access to certain channels to their children, but Public Access Television has neither of these controls. My recommendation is to prohibit the airing of pornographic material such as the program in question, thereby obviating the need for controls. Failing that, at the least viewers should be warned and parents should have the ability to prevent their children from being corrupted. I trust that you will deal faidy and firmly in this matter, keeping in mind the needs and desires of the families of Iowa City. Sincerely, David Arboga //'~1941 Hafor Drive  Iowa City, IA 52246 June 12, 1998 City Council Members 41 0 E. Washington St. Iowa City, IA 52246 Dear City Council: The purpose of this letter is to express our support of the speed humps on Teg Drive. We have been concerned about the high speeds that cars travel on Teg Drive. Willow Creek Park is a very heavily used park. There are often 25 or more cars parked on Teg and many children and adults crossing the street. It has been our observation that the speed humps on Teg have both decreased the speed and number of cars using this street, thereby making this a safer situation for park users. Although we agree that the humps are somewhat of a nuisance for those who travel the street - both emergency and private vehicles, it seems that this inconvenience and the resulting small delay are well worth the result of a safer environment for those using our neighborhood park and those who live in the neighborhood. Sincerely, _ LL~,~ '+' Jim and Pat Knebel Barbara M. Buss (319) 351-3309 June 18, 1998 747 West Benton Street Iowa Ci_ty, IA 52246 JUN L; 2, 199 To the members of the Iowa City City Council: M NA ER'S FFIP E This letter concerns the Benton Street Improvement Project scheduled to begin in the spring of 2000. At a neighborhood meeting on June 11, Jeff Davidson presented the primary reasons for the City's considering this project. One of the proposed solutions to the problems Jeff outlined, was the widening of West Benton Street. I am writing now to draw your attention to the social context in which such a remedy would be carried out. The City Council and City Staff continue to articulate the City's need for lower priced homes in Iowa City. With a little protection from the City, the Miller- Orchard Neighborhood could remain a viable neighborhood satisfying this need. At present, however, ours is a very fragile neighborhood. Fragile in part because its streets and houses have been used to solve some of the general problems of the City; fragile because in return, the City has not always recognized the cost to us of these accommodations. (See attached example.) I frequently talk to West Benton Street users who ask, "Where's Miller- Orchard?" It appears that we are as invisible as a neighborhood as we are visible as a traffic option. Benton Street is designated an arterial street. It is, however, an arterial street which bisects a very small neighborhood. With traffic lights on Highway 1 West at Miller Ave. and Orchard Street, a major portion of our neighborhood is increasingly used to accommodate drivers who want to avoid the East end of Hwy 1. This accommodation is made at a disproportionate cost to those of us who live in this area. We need your protection from the destabilizing effects of increasing Benton Street's arterial role and of converting two thirds of our through streets to collector streets. At some point a stressed neighborhood no longer holds together. We need your protection to maintain the sort of neighborhood you claim to want. I ask you to protect our neighborhood by improving West Benton Street as a two lane street, and by improving Hwy 1 West as the major E-W artery on the Southwest side of Iowa City. Sincerely yours, / CC: Planning and Zoning Commissioners Karin Franklin Jeff Davidson Marcia Klingaman September 26, 1995 City Council Members City of Iowa City Civic Center Iowa City, Iowa 52240 RE: Subsidized/Affordable Housing Acquisitions Dear Council Members: The Miller/Orchard Neighborhood Association is working at getting "back on its feet," with the assistance of Marcia Klingaman, the City Neighborhood Services Coordinator. Doing this had lead to the formation of a Douglass Street/Douglass Court Subcommittee, in order to open up lines of communication with the appropriate individuals to work towards resolving the issues and conflicts that have risen due to the presence of some of the affordable/subsidized housing units located in this direct neighborhood. We don't wish to give the impression that it has been a totally negative experience, as we do understand the need for affordable/subsidized housing. We have/had people who have been very good neighbors living in a couple of these homes, but this has unfortunately been overshadowed by the fact that there has been more negatives than positives in the past couple of years. The ultimate goal is for this area to once again be a safe and harmonious neighborhood. What the Miller/Orchard Neighborhood Association respectfully requests of the City Council, or any other organization and/or fellowship, is that the no more acquisitions and/or purchases of affordable/subsidized housing units be made in the Douglass Street and Douglass Court area. This request is based on the following: 1) The Douglass Street/Douglass Court area has experienced many problems with the subsidized housing units in their neighborhood for sometime now. (As previously stated, efforts are being made to resolve these issues and conflicts.) 2) There are 5 units, which comprises 10% of the housing in this specific area (50 units total). a) Three (3) of the units are owned by the Greater Iowa City Housing Fellowship, but one (1) is being managed by HACAP; b) Two (2) houses are directly owned by the City of Iowa City. Thank you for your attention to this request. Sincerely, / ~ller/Orchard Neighborhood Association c/o Suzanne M.S. Erenberger, Contact Person 204 Douglass Court Iowa City, Iowa cc: Doug Boothroy, Director of Housing and Inspection Services Department Marcia Klingaman, Neighboorhood Services Coordinator Steven Atkins, City Manager Tammi Fisher, Director, Johnson County HACAP Mary Ann Dennis, Greater Iowa City Housing Fellowship 801 Wylde Green Road Iowa City, Iowa 52246 June 27, 1998 Dear Members of the Iowa City City Coundl: We are writing to address a few issues concerning the Benton Street Improvement Project that is to begin in the Spring of 2000. While it is true Benton Street does need to be improved, we do not see the reasonableness of widening a street in a residential area (speed limit is 20 mph in the school zones) that has two elementary buildings along its route. This translates, of course, into hundreds of young children around this street daily. We would like to see Benton remain as two lanes. Also the unique feature of a bike lane on each side along most the street is very sensible when many are thinking about the importance of "saving the environment," not to mention trying to get more exercise by biking. Furthermore, are we not correct that Iowa City has been promoting the use of the public transit systems to reduce traffic and congestion and pollution in the City? We do have excellent bus systems in the area. We wonder what message we would be sending if we were to add another lane or two to Benton Street? Would this be most helpful for bus riders, bikers, and the pedestrians; or would it provide better access for cars and promote more traffic into our downtown area? Are we sending mixed messages to the public? Then there is the area of aesthetics and protection from noise which many beautiful trees and bushes or shrubbery provide along Benton Street. Much of this nature could take as much as 30 years to replacol Could it be that we have so many cars using Banton Street because there are not many traffic lights and the speed limits are not strictly enforced? Highway I is only a few blocks south of Benton Street and is built for traffic as cars can go faster more safely as businesses am growing there rather than our neighborhoods! I hope we all look at these issues seriously and study all perspectives before making a decision. Thank you for your time. Sincerely, Joe and Dorothy Lynn Planning and Zoning Commissioners Karin Franklin Jeff Davidson Marda K!ingaman JUN ~ ~ 1998 CITY MANASER'S OFFICE 302 W. Benton St. Iowa City, IA 52246 Dear Iowa City Council Member, I am writing to express my concern regarding the proposed widening of Benton Street as outlined by city planner, Jeff Davidson, at our MO. NA (Miller-Orchard Neighborhood Association) meeting on June 11. As a 20 year resident and home owner of the above address, I beg you to preserve Benton Street as a two lane street. Widening the street to more lanes can only invite more traffic and possibly increase the number of accidents. Even if the speed limit remains 25 mph, traffic will travel even faster down Benton hill. It now travels between 35 and 40 routinely. We are are extremely different from other neighborhoods that have had street widening, or where street widening was suggested, in two respects. One major difference is that there are two element_a_ry schools on Renton Street (Horrt and Roosevelth You are inviting disaster if you widen streets that elementary aged school children cross frequently. As bad as it is now, I can't even comprehend school children crossing a three or a four lane street. Even if an overpass were instaUed for the children, you can be sure many would take the quicker route right on the street. Secondly, a prefectly good arterial route, Highway # l, is only one to two blocks to our south and runs parallel to Benton. Traffic from Hwy # 1 cuts through on Miller or Hudson to avoid the stoplights on Hwy # 1. Widening Benton will only encourage even more traffic cutting through. Since you have an arterial route (Hwy~ 1) two blocks away, why is it imperative that you make our street which is our neighborhood. another four lane street? Perhaps you should consider how to encourage traffic t? use Hwy # 1 rather than on Benton, and also how to reduce traffic on our street, not increase it. What happens to many of us who already have to wait 5, 10, or even 15 minutes to back out of our driveways if traffic is increased? Is a longer wait reasonable? Some residents' driveways are already quite short, and if the street were widened would have no driveway at alH Also, we have no alley as some neighborhoods do where streets have been widened. If the street is widened to its full 65' width potential, it will end 20 feet from the front of our house. Would you like cars driving by on a three or four lane street that close to your home? I certainly don't. Also, Jeff mentioned that when Benton is reconstructed it Should last about 50 years before it needs to be reconstructed again. The east end of Benton was just reconstructed l0 years ago, with new storm drains and sanitary sewers installed at that time. This reconstruction was from Riverside Drive to Michael Street, more than haft the distance of one of the prosposed lengths for reconstructionl Why tear all of this up if we still have 40 good years of street left? Isn't that wasteful of city time and money? These are only some of my concerns. Pit, asleep Benton two lanes and help us preserve our neighborhood P~0~ ~¢~,p O~r ~t e4hJkire~t Safe! Ginny Rew Date sent: From: Subject: To: Mon, 22 Jun 1998 19:56:17 -0400 "Judy L. Pfohl" <judypfohl@compuserve.com> Mormon Trek Wider Iowa City Council <council@blue.weeg.uiowa.edu> Dear Council Members, Our neighborhood has been asking for widening Mormon Trek since before there was added construction along Mormon Trek. The increased traffic from all the construction on this side of town has created long lines at work times. To avoid the lines more people are choosing to use Benton street to go downtown. The intense housing and vehicular traffic at the corner of Hwy I has become dangerous as people back up down the Hwy to make right turn lanes while traffic slows at the first street intersections. The new gas station and Mc Donaids will make the turn worse now. Please make widening Mormon Trek a priority. Judy Pfohl President Ty'n Cae Neighborhood Tue, 23 Jun 1998 07:54:01 City of Iowa City MEMORANDUM Date: July 1, 1998 To: City Clerk From: Doug Ripley, JCCOG Traffic Engineering Planner Re: Designation of Pedestrian Crossing on Broadway Street south of Cross Park Avenue As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Unless directed otherwise by the City Council, this action will occur on or shortly after July 17, 1998. Action Pursuant to Section 9-1-3A(3) of the City Code, signage and pavement markings will be installed indicating a pedestrian crossing on Broadway Street on the south side of the intersection with Cross Park Avenue. Comment This action is being taken after working with the Broadway Neighborhood Center on pedestrian concerns. Specifically how to safely connect the residential area on the east side of Broadway Street to the Neighborhood Center and commercial areas on the west side of Broadway Street. Im'~'~em~lr7-1 .doc CITY OF I0 WA CITY TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination - Fire Lieutenant We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named person(s) in the order of their standing as eligible for the position of Fire Lieutenant. Roger Knight Scott Goolsby Brian Rohr Dennis Hansen Scot DeValk Daniel Buser Brian Greer IOWA CITY CIVIL SER CE CO SIO air Ly W. Dickerson ATTEST: Ma~'~n Karr, City Clerk 410 EAST WASHINGTON STREET , IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 June 11, 1998 CITY OF I0 WA CITY TO: RE: The Honorable Mayor and the City Council Civil Service Entrance Examination - MAI}~EN~3CE WORKER I- WATER CUSTOMER SERVICE We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Maintenance Worker I - Water Customer Service. Dan Keating IOWA CITY CIVIL SERVICE ATTEST: Marian Karr, City Clerk 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 June 25, 1998 CITY OF I0 WA CITY TO: RE: The Honorable Mayor and the City Council Civil Service Entrance Examination - MAINTENA/qCE WORKER I - AIRPORT We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Maintenance Worker I - Airport. Gerry Kaefring IOWA CITY CIVIL SERVICE COMMISSION Michael W. Kennedy, Chair ATTEST: City Clerk 410 EAST WASHINGTON STREET a IOWA CITY, IOWA :52240-1826 , (319) 356-$000 · FAX (319) 356-$009 June 25, 1998 CITY OF I0 WA CITY TO: RE: The Honorable Mayor and the City Council Civil Service Entrance ExaminaEion - MAINTENANCE WORKER II - REFUSE We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Maintenance Worker II - Refuse. Kevin Collins IOWA CITY CIVIL SERVICE COMMISSION MiJhael W. Kennedy, Chair ATTEST: Ma~'ian Karr, City Clerk 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-]000 · FAX (319) 356-5009 I would be here tonight, however I am a member of Coralville's cable commission which is meeting tonight. I do not know much about what happened concerning the PATV program in dispute. I am however aware of some of the other controversial programs over the years. I want to point out that I do not like to see the other producers stretching the first amendment in such a manner. Never the less, one bad apple occasionally does not mean every apple in the basket is bad. The vast number of PATV producers and providers provide programs which can have a very positive impact on the community. There are educational programs on topics such as how to do various crafts, hobbies, or repairs on things. Political programs that can inform us how various candidates stand on the issues. Coralville council meetings are also broadcast on PATV. Churches and religious organizations can also use it as a soapbox to get their messages across. As being the provider for TBN affiliated K64DG-TV, (TBN 64) I provide two Christian TV programs which have had a very positive impact on the community. I also produce for my church a series called "Revival in Oxford!" This series is made from various services and special events we have at Anchor Bay Full Gospel Church in Oxford, Iowa. There are at least two other churches which I know of which also have there services on PATV. It was one of the previous, in my opinion obscene programs which others ran on PATV which helped convince me to become a provider. As being a part of the religious community, I was shocked concerning the airing of such programming. I still am. However I do understand the importance of the first amendment. The founding fathers must have thought it was the most important one for them to put it at the top of the list. I decided that the best way to fight such programming would be to exercise my rights and provide counter programming which I knew would benefit the community. Religion can be very controversial as well. Many religious organizations in this country have been experiencing attacks on their first amendment rights. When I first approached the PATV staff with "Power Connection," the first Christian program I submitted, I expected to have to call in the American Center for Law and Justice to get it put on the air. I was very surprised on how cooperative the staff was and has continued to be over the years with the programming I submit. The door has always been wide open for me, and I appreciate it very much. Producers and providers can be reprimanded for obscene programs if they do not meet "community standards". Unfortunately our communities standards are apparently very low to have the county attorney not prosecute such providers. Complaints concerning the content should in my opinion be delivered to the county attorney rather than PATV. PATVs function should be to be a conduit for the peoples grass roots access to the TV media. Sincerely, John Schmidt usA' 1t.44,1v i'4LK WOP,Y' ?~-t~ tt~tOeE June 19, 1998 The Honorable Mayor Ernest W. Lehman and Members of the Iowa City Council City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Mayor and Members of the City Council: McLeodUSA Telecommunications Services, Inc., A wholly subsidiary of McLeodUSA Inc., is pleased to ask your consideration of a competitive Cable Franchise. Such a franchise would allow McLeodUSA to provide advanced telecommunieation services to the citizens of the City of Iowa City .The services would include video, local and long distance telephone and low and high speed Interact access. Adoption of an ordinance would allow McLeodUSA the ability to offer truly competitive services to the citizens. It would be our des/re to move toward joining with the general election in November if it proved possible with your schedule. W.e. look fo. nvard to rking with the City on this 421 4~ Avenue S.E. Cedar Rapids, Iowa 52401 421 4TH AVENUE SE * CEDAR RAPIDS, IA 52401 · PHONE: 319-298-6484 * FAX: 319-364-3973 To: Members of the City Council and Date: June 30, 1998 Membe of the .istoric rese ation Commission We are writing to express our deep disappointment with the outcome of the Historic Preservation Commission's 4-3 vote on June 22, concerning the issuance of a Certificate of Appropriateness for plans for an addition to the "Mercer' house at 621 South Summit Street. We are also deeply concerned about the lack of appeal for the neighborhood and for neighbors whose properties will be negatively affected if the addition is built. We recognize and respect the prospective buyers' needs to make the house accessible to a disabled resident. We welcome an addition to the house to accomodate their needs, but the proposed addition is very large - 2000 square feet - and thus threatens the character of the Summit Street Historic District. Further, we neighbors feel that our rights to due process have been infringed upon. The procedures which led the Commission to approve a Certificate of Appropriateness were carried out in a precipitous manner based on incompletly detailed architectural sketches of an architectural plan which had not been previously seen by commissioners or neighbors.According to the by-laws of the Historic Preservation Commission, plans must be submitted at least two days in advance of a meeting for scrutiny. We are aware that changes in an applicant's plans have been made dudng Commission meetings, but this project is in a different category due to its size and its impact on the neighborhood. The neighbors in attendance had no opportunity to examine or to comment on the newly introduced plans. Therefore we request that the Commission re-open discussion of this issue or, if it chooses not to do so, that the City Council allow an appeal of the Historic Preservation Commission's decision and hold a public hearing on this matter. The unprecedented scale of the proposed addition threatens to destabilize the historic district and must therefore be considered in relation to other properties within the district. All additions in an historic district must conform to the standards set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and to the City of Iowa City's ordinances concerning historic districts. We submit that inasmuch as the character of all houses in a proposed historic district must be considered in order for the district to be designated as such, it is therefore reasonable to examine what effect a major change to a structure in an historic district will have on that district as a whole. To date there has been no consideration by the Commission of what the impact of the proposed addition will have on the entire district other than to say that it won't be too visible from the street. We feel that this is an inadequate response if one considers that the guidelines of the Secretary of the Interior recommend "considering the attached exterior addition both in terms of the new use and the appearance of other buildings In the historic district or neighborhood" (p.58). According to the Secretary's guidelines one of the items not recommended is" designing a new addition so that its size and scale in relation to the historic building are out of proportion, thus diminishing the historic character." Article Ten of that document states that "A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment" (p. 6 ). Article Nine states the "new work shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment." The Commission failed to consider the addition's impact on either the site or its environment which includes adjacent properties. An addition which virtually doubles the size of a house that is already one of the largest on Summit Street is in contradiction to the above guidelines. While the proposed addition does not alter the exterior front appearance of the house, its size constitutes a virtual second house and as .... adjacent propedies as well as all other strudures in the historic district. r I centu~ single- family residences. Iowa City is full of examples of houses that have outgrown th~ncti~ single-family homes. The "Braverman House" on Melrose Ave. is a ~st recent example. The~se~ addition would thus destabilize the historic district, and as such it ~nstitutes a threat to the hist str~ Already residents in adjacent areas which the Commission has targeted as desirable future historic districts are viewing this decision with some alarm. What, they wonder, is the purpose of going through the lengthy process to become an historic district if the designation offers no guarantee of protection. Throughout the process the size of the proposed addition has been a major concern for Commisioners. This is by far the largest project ever to have been submitted to the Commission for its consideration. To date the applicant has submitted three plans for the Commission's consideration. Decision on the first plan was deferred at a May 14 meeting when the Commission found the addition too large and directed the applicant to return with plans for a smaller addition. The second plan which the Commission responded to at a special meeting on June 22, was voted down (7-0) because it was still too large in scale. Then at the time appointed for the meeting to end (6:15PM) the architect reluctantly offered a third set of plans he himself admitted to be insufficiently developed and which, he said, still represented an addition as large as the one which the Commission had just declined to accept. Nevertheless, after approximately a ten-minute discussion based on an incomplete set of drawings the commission voted 4-3 to issue a Certificate of Appropriateness for this plan, subject to discussion of details, having only minutes earlier voted down a similar addition because it was too large. Scott Kugler indicates that unfortunately the taped recording of the proceedings are blank and that therefore the minutes of the meeting are incomplete. However, the many neighbors present at the meeting recall the final, chaotic ten to fifteen minutes of the meeting as described above. MINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION MONDAY, JUNE 22, 1998 - 5:00 P.M. PRELI IINARY Subject to/s, pproval MEMBERS PRESENT: Lars Anderson, Ann Cairns, Trudy Day, Mike Gunn, Betty Kelly, Doris Malkmus, Pam Michaud MEMBERS ABSENT: Frank Gersh, Michaelanne Widness STAFF PRESENT: Scott Kugler, Sarah Holecek, Anne Schulte OTHERS PRESENT: David Daining, Garrett Stewart, Ruedi Kuenzli, Jeff Scl~ilion, Judy Calhoun ~,,- Malkmus stated that she would like to have the discussion of this item completed by 6:15 because some Commission members would not be able to stay for an extended meeting, and a quorum would be needed for a vote. She added that a lot of concerns were discussed at the last meeting, and she wanted to avoid repetition of those items. Malkmus asked that speakers be succinct in their comments. CALL TO ORDER: Chairperson Malkmus called the meeting to order at 5:17 p.m. CERTIFICATE OF APPROPRIATENESS FOR 621 SOUTH SUMMIT STREET: Malkmus said that the Historic Preservation Commission is required to work within the Secretary of the Interior Standards and has no jurisdiction beyond those standards. She asked Kugler to inform others at the meeting about the nature of the Standards. Kugler stated that the Secretary of the Interior' s standards are a set of ten standards regarding how to deal with rehabilitation and alteration of historic buildings and within historic districts. The City' s ordinance references these standards for the review of certificates of appropriateness. He read excerpts from some of the standards for the benefit of the public. Kugler stated that the Historic Preservation Commission is charged with looking at design issues associated with the house as well as the district. He said that the Historic Preservation Commission cannot take items such as traffic problems into consideration and also that the use of the property, which is governed by zoning regulations, is under the purview of a different commission. Malkmus added that the Historic Preservation Commission also cannot consider issues relating to the future resale of the property. She stated that she would ask the architect to explain the project, would then have public discussion, and then the Historic Preservation Commission would discuss the issues. David Daining, 1191 Pokogin, Grand Rapids, Michigan, said he was the architect for the Calhouns. He said that the Calhouns have been friends of his for many years. Daining said he has had many years' experience and has done additions to historic structures in the past. He stated that he read the comments from the previous meeting regarding the view of the addition from Summit Street, the amount of backyard space, the amount of grading to be done, the size of the addition, the impact of the building, the concerns regarding the scale and character of the yard and the neighborhood, and the fact that the house is no longer the original shape. Daining said these are valid concerns of interest to the Historic Preservation Commission. Historic Preservation Commission June 22, 1998 Page 2 Daining said that the Iowa City Neighborhood Design Book recommends that existing porches be maintained, that a new addition be to the rear or the side to ensure minimal visibility from the street, and that garages that are highly visible from the street should be avoided. He said that the federal standards state that any addition should preserve the floor plan or interior spaces that are important to the historical character of the building. Daining said he read the articles in the newspaper regarding the May 14 meeting. He said he noted that the house has been rotated from its original orientation and that the features on it have been changed. Daining stated that a home is a very personal thing, adding that a home in an historic district is perhaps less so, but is still very personal. ,, Daining showed slides from Great Georgian Houses of America. He showed the floor plans of some of the homes and said that they have been added onto in the back because the additions would not be in scale with the front, but the additions contain what is needed in these homes. Daining also showed homes with additions to the side, saying that there is precedent for this type of addition, and it was in character with the house and its style in these cases. Daining said he did some research on the Summit Street Neighborhood and revised the floor plan based on the comments of the neighbors and other people and based on the Historic Preservation Commission's concerns. He said the addition would not be required were it not for Mr. Calhoun's disabilities and that there is no way around that issue - that it must be addressed. Daining said it comes down to this one point. Daining said Mr. Calhoun has specific needs because of his lack of mobility, including a large bathroom, a large shower, and a first floor bedroom, bathroom and work area. He said that Mr. Calhoun is an active person and if the elevator is not functioning, the second floor, especially a second floor bedroom, is not viable. Daining said Mr. Calhoun needs an attached garage and also requires an elevator to be able to fully utilize the house. He said the Calhouns live in a similar house in Ann Arbor and should be able to fully use this house. Daining said the previous plan had problems with the amount of grading and also the fact that the orientation on the site would dwarf the backyard. He said the new plan is better in that it addresses the site issues. Daining said the comments and feedback he received were valuable because they resulted in a better solution. Daining said the footprint of the existing house is 1,929 square feet. He said the existing house also contains two porches with 448 square feet for a total of 2,377 square feet. Daining said the proposed addition would be 1,386 square feet, with 529 square feet for the garage for a total of 1,915 square feet. He compared the property with the addition to other properties in the neighborhood. Regarding the total area, Daining said the existing building covers 9% of the property and would cover 17% of the land with the addition. He said the area of the house is now 2,377 square feet and would be 4,292 square feet with the addition. Daining said the clear area is now 27,063 square feet and would be 25,148 with the addition. He stated that most other houses in the neighborhood have a greater percentage coverage on their properties and that the average lot coverage in the Q..eigh~arh?;z~is 14%. Daining said that only one other house in the neighborhood has a !a'~ge~lea.j~a because of two factors: 1) the addition would be well handled on the I.ot, ~r~d/ffthe B~i~se sits on a very large piece of property. He added that, based on the zoning .LO.:~thecfeigb~b~hood, the house could actually cover 40% of the lot. · --} o ~ Historic Preservation Commission June 22, 1998 Page 3 Daining said the attachment of the garage is a difficult issue, but, based on historical standards, it belongs in back of the house. He said that the 'H"shape of the house with the addition essentially leaves the existing house alone. Daining offered an apology for the previous plan, in that the new one would be so much better. He said the new plan would allow natural light into the existing home. Daining said the attachment to the addition would be appropriate at the den, as it is the least significant room on the first level of the house. He said that setting back the addition from the existing home would address the concerns regarding the view of the house from Summit Street. He added that passersby would still be able to see the addition and that he cannot put the garage in the back without it being seen from Summit Street. Daining said that further screening in the side yard could mitigate this somewhat. Daining said that the orientation of the new plan would maintain a significant backyard. He said the way the house sits on the lot is unique. Daining said the flanking properties sit 30 feet from the property line. He said that this addition is another 18 feet back and that it is grand and gracious in its siting. Daining added that this house has large side yards of 23 feet on each side, which gives the vista but is a nice feature. He said that the zoning limits building on the lot to within five feet of the side yards. Daining said he has not extended past the footprint of the building with the addition. Daining said the zoning also requires a 20-foot setback from both the back and the front. He said this home is 68 feet off the sidewalk and even further from the back lot line. Daining said the proposed addition could be easily removed from the existing building because of the minor connection. He said the addition would be well documented and that the windows for the existing house would be maintained with the documentation s~2% that they could be re-used, should the addition ever be removed. Daining said thatJ. he ne~oplan would also require significantly less grading, especially in the backyard. He_~a~. ttz~ tbe~ disability of the potential owner is not part of the Commission' s mandate ~a",~%ho57"~.~d b~ taken into consideration. c~-: ~ ~ Public discussion: ~Fm ~ ~,~ Garrett Stewart, 419 South Summit Street, said that many of these issuedtill n~ded clarification. He stated that at the last meeting, the Historic Preservation Commission indicated willingness to approve an attached garage but little else. The altered plans result in an addition that would have only 200 less square feet. Stewart said that the addition alone would be larger than most of the houses on the street. He said that, according to Daining's statistics, he lives in one of the six largest homes on the street, and his home would be just barely larger than the addition to this property. Stewart asked if there were further exploration of any sort. Malkmus asked Daining if he would be willing to consider a smaller addition. Daining responded that there are currently only four rooms on the main floor. He said that his plan attempts to get what Mr. Calhoun needs without destroying the historic character of the home. Ruedi Kuenzli, 705 South Summit Street, said that Daining has shown that there is precedence for this type of addition for mostly single-family large, older homes. He said Daining has not spoken to the nature of an historic district. Kuenzli said the difference between an historic district and a landmark house should be explored. Kuenzli said that at the May 14, 1998 meeting when the previous plan was considered, Kelly raised folJr issues regarding this proposal: l) the drop in terrain, 2) the size of the Hist'~ic R/.e~rvation Commission ,.~,.J, un~::~2, ~ %.?,, , _:, ~ ~e b~ing.~uenzli said the new plan to address the drop in terrain by reorienfing the additi~was a step in the right direction. Regarding the size of the addition, he said the new plans result in an addition not very different in size from the first plan and also in a similar footprint to the first plan. Regarding visibility, Kuenzli said the new addition would be farther to the south and still higher than the screen porch, so that it would still be visible from the street. Malkmus informed Kuenzli that the Commission could not consider future possibilities for the home. Kuenzli said he would like to address that issue, as it concerns neighbors. He said that with the new addition, the house would become two homes with a connecting link. He said the new structure blocks the view of the yard from the existing structure and would make the use of this house less attractive as a single- family home. Kuenzli urged the architect to use the existing structure more. He said there are four 33° inch doorways, one on the first floor and three on the second floor, that could be wiciened. The addition could include the two-story elevator and the attached garage. He said the way the garage is currently planned would make it extremely difficult to maneuver a van into the garage. Jeff Schabilion, 431 Rundell, said he was sympathetic with the Calhouns' needs and also the concerns of the neighbors. He said the central issue here is the certificate of appropriateness. Schabilion said that although the new plan is much improved, it still falls short of what is appropriate for an historic district. Schabilion said the size of the addition fundamentally alters the house, making it into a big duplex. He stated that the addition alters the neighborhood landscape and would destroy the view of the backyard. Schabilion added that the addition would require the removal of the largest yew tree in Iowa City. Daining said the addition was based on the needs of the Calhouns and what they require to function in this house. He said he addressed the neighbors' concerns with the new plan and abhorred the reference to a duplex on this site. He repeated that the backyard is the only place to put the garage. Public discussion closed. Michaud said she was concerned that the blueprint of the addition is greater than the original width of the house, considering that the screened-in porch to the south of the house was not an original part of the house. She said the addition would then be ten feet wider than the house. She was also concerned that the back addition could be seen through the porch. Kelly asked why there needed to be a laundry room in the new addition. Daining said the laundry room was essentially a storage room for equipment needed by Mr. Calhoun. He added that there is a laundry room in the basement. Kelly asked about the stairway. Daining said it would be a secondary means of egress to the basement. Michaud asked if there would be a full basement under the addition, and Daining said there would be. Gunn said he thought the revised plan was a big improvement over the original. He said there are two issues of scale here: scale compared to the historic building being altered, and scale compared to other buildings in the neighborhood. Gunn said the standards ask if the integrity of the inside would be damaged if something is altered on the inside. He 4 Historic Preservation Commission co June 22, 1998 Ca c.- Page 5 the existing structure, this addition makes some sense. Gunn said he ~ot~el~is . would be the best place for the garage but understood the need for it to be tach~ Gunn said what he questioned most was the amount of space devoted to living space on the ground floor in the addition. He said he understood the bathroom and the elevator being located there but asked if a bedroom in the addition were necessary. Gunn asked if it were necessary for the addition to be as large as proposed considering there is an elevator. Malkmus said the Secretary of the Interior Standards state that construction of an exterior addition should be avoided if possible and built only if needs cannot otherwise be met within the structure. She said that if the addition is still judged necessary it should be done in a suitable architectural style. Malkmus said she was not convinced that the needs of Mr. Calhoun could not be met inside the house envelope. Daining said the master bedroom is currently on the second floor of the house. He said that the elevator could have a generator, but it would essentially be diesel-powered and could sometimes take from three to four weeks to repair because of the specialized nature of the elevator. Day said she found the statistics provided by Daining helpful. She stated that the data shows that only six existing homes in the neighborhood have a greater square footage than the proposed addition. Daining said something here about how he included the garage in his figures, and the figures for the other properties did not include a garage. He said that an addition to 602 South Summit Street, before the area became an historic district, included a garage and an apartment. Malkmus said the Commission was still concerned about the size and scale of the addition. She asked Daining if it could be reduced. Daining said that the timing of the process was critical, and there is also difficulty in that the Calhouns do not yet own the house. He said he would be willing to work with the Commission to come up with a viable solution. Daining stated that the functions in the proposed addition still have to be there, but he could try to reconfigure the plan to reduce the square footage. Kelly said the Commission has never considered a request from people who are not the actual property owners. She added that she was bothered by the two-story portion of the addition. Cairns asked if the addition could be pulled back behind the brick home on the south side. Daining said he did have an alternate plan that would shift the addition around the corner and still contain the elements needed by the Calhouns. He added that Mr. Calhoun needed an office area where he would not have to put things away, and the portion connecting the two parts of the house is planned to be the office. Daining showed elevations of the alternate plan. He said the square footage would be similar to the other plan. Gunn asked if the master bedroom could be put upstairs to significantly reduce the size of the building. Daining said he could put the bedroom upstairs, but it would not work for Mr. Calhoun. He said this was not a unique problem, and the Commission would face these issues in the future. Malkmus stated that many people in wheelchairs live active lives. She said that so much of the proposed living space is not making the building accessible. She said the house is a valuable asset as it is, and what is being proposed is a utilitarian addition. Malkmus said she feels that in terms of the standards it would be more effective to include the family in the existing structure. She said she would be willing to approve the garage and habitability functions but that the addition as a whole should be functional. m ~_r~ - Jud~ Calhoun, said it is often difficult to get someone to look at a disabled elevator, especially after hours or on the weekend. She said that ~r. Calhoun could essentially become trapped on the second story of the home, ~aising safety and other concerns. C~lhoun said they must deal with the issues of disability on a ~egular basis and have become trapped in an elevator before when the door would not function ~nd had other similar situations. ~alkmus responded that she did not want to minimize the difficulties of a disability, but the Calhouns should consider whether this is the style of house they want to live in. Daining said the Commission should be discussing the existing house and property. He said his plan has taken additional measures to be sympathetic to the existing home. Daining stated that the Commission should be considering the addition with respect to its charge, which is to preserve an historic home in an historic neighborhood. Daining said the effect of the addition on the public at large would be next to nothing. He said the Commission has gone off track and has become more concerned with the area than with the scale. Anderson agreed with Kuenzli's point that this should be considered in the context of the historic district. Anderson said Summit Street is known for its large setbacks, which would not be affected by the addition. He said the Commission should consider how the addition would affect the character that makes the Summit Street area an historic district and said he was not sure that it would. Anderson added that the addition does not harm the existing historical structure at all. Kelly said that all but minor changes should be avoided. She said that the second story of the addition is a significant change. Kelly said she has visited historical homes with additions like this in the Northeast and that almost all of them are single-story additions. She added that the second story is changing the character of the house. Kelly agreed that the addition would be wider than the original house when one excludes the porch, which is a non-living area. Malkmus asked Daining if he would be willing to compromise on these issues so that there does not have to be a battle over them. Daining asked what the Commission was specifically looking for. Michaud said she would like to see some height and width eliminated. Daining said both the garage and the elevator are needed, and the elevator makes the addition a two-story addition. Malkmus asked if the elevator could go in the existing structure. Daining said there are multiple levels to deal with in the house, including servants' quarters that go down a couple of steps from one level. He said he would be willing to work to come to some agreement. Cairns said she was more comfortable with the footprint of the alternate plan, although it would still contain a two-story addition. She also asked if the elevator could go in the existing house, possibly in the den, which would be the least significant room. Daining said it would take out a good portion of the den because the elevator must be larger than the usual elevator. He said there are only four rooms on the first floor and putting the elevator in the den would make part of the original house a passageway and take away the function of the den. Malkmus said the den is already essentially a passageway to the addition according to the plans. Daining said that was somewhat true, and stated that the elevator would take out the view to the back. Gunn said he felt that the two-story addition on the back accommodating the elevator was appropriate and would preserve the existing house. He said he felt it was a better way Historic Preservation Commission June 22, 1998 Page 7 than destroying the function of two rooms, one upstairs and one downstairs, with an elevator in the house. Malkmus asked if the need for a bedroom could possibly be met within the existing envelope of the house, and Daining replied that it could not. Malkmus asked if, given that the bedroom in the addition issues are about size, Daining would be willing to negotiate on that issue. Daining said there might be other ways to shuffle things around. MOTION: Anderson moved to grant a Certificate of Appropriateness for an addition to 621 South Summit Street as specified in plans submitted to the Historic Preservation Commission on Friday, June 19, 1998. Michaud second the motion. The motion was denied on a vote of 7-0. Malkmus asked if the roof for the addition in the alternate proposal was a hip roof. Daining responded that it was a hip roof with the point at the top and that it was modified with a gable over the bathroom. Gunn said he felt the alternate plan was more intrusive in terms of scale in that both the height and the width were greater. Daining said the peak of the roof would be about one foot higher but that the connecting part would remain the same. Gunn asked if the width, east/west, would change with the alternate plan. Daining replied that it would be 11 feet 6 inches wider. Malkmus asked Daining why this alternate plan was not his first choice. Daining said he selected the design he felt was most appropriate for his first choice. Anderson said the alternate plan would result in a lesser vista from Summit Street. Michaud asked if the chimney in the alternate plan must be that high. Daining said it may not need to be, considering the pitch of the roof, and added that he had not checked out the building regulations regarding the chimney. He said that a gas fireplace could simply be vented out the side of the house without a chimney. Malkmus said that there were two big issues concerning the large addition to the house: 1) the approval of this as compatible with Georgian design, and 2) the neighborhood integrity as an historic district. She read from the Department of Interior Standards that say avoid when threatened have to see intrusive to the historic character of the district how it impacts the historic property or historic district. Kelly said that people in other historic districts will see the approval of this as a threat to their own neighborhoods. Day said that this is not compatible with the massing, size, and scale of other homes in the neighborhood. Anderson said that in relation to the lot size, it would not be much different than other homes in the area. Cairns agreed that this is not a typical house on Summit Street and should be considered in its own right. MOTION: Anderson moved to grant a Certificate of Appropriateness for an addition to 621 South Summit Street as submitted at the June 22, 1998 meeting of the hLi:storic Preservation Commission. Michaud seconded the motion. ca c.. Malkmus stated that the revised plans would still require that the materia~2'~tylar', et~ used for the addition be similar to those on the existing structure. Historic Preservation Commission June 22, 1998 Page 8 Daining said he would like to come back before the Commission with revised plans, possibly not at a public hearing. Cairns said she would like to see more detailed plans, e.g., windows, etc. Anderson moved to amend the main motion to make the certificate subject to the revised plans using similar materials to those referenced on the previous proposal, and subject to further consultation with the architect. Michaud seconded the motion. The motion carried on a vote of 4-3, with Kelly, Gunn, and Day voting no. Kugler stated that any meeting between the Commission and the architect would be required to be in a public forum. EASTLAWN BUILDING: Kugler said there has been some discussion between the City and the University of Iowa regarding the future of Eastlawn. He said the University would like to trade Eastlawn for some City-owned property. Kugler stated that Eastlawn could possibly be torn down at some point for construction of a parking garage. Kugler asked Commission members if they would be interested in spending funds to determine whether Eastlawn might be an historically significant building. He added that the Commission had about $1,500 in funds and such an investigation might require all of that money or more. Kugler said that if the Commission wanted to pursue this exploration, it should move quickly. He added that there would not be enough time to apply for a grant regarding this building. Kugler said that the City's consultant believes that a parking garage at the Eastlawn location would result in a better parking garage design with better circulation and would require one less level. Kugler said the building was built in the teens. Kelly said it was once part of the old University medical school. Cairns said this would be a bad location for a parking ramp. Kugler said that the architect intends to plan offices and commercial space on the first floor and would design the building with the streetscape in mind. Malkmus asked if Eastlawn represented any important part in the City's history. Kelly said it was actually a nursing residence when the hospital was across the street. Malkmus said she would rather have the Commission channel its energy into preserving the older houses on Gilbert and Market Streets. Gunn asked if it could be discussed at the July 8 meeting. Kugler did not know the time frame for possible disposal of the building. Kelly suggested that the University should be checking into whether the building is historically significant. Cairns said the University is apparently more interested in getting rid of the building. DESIGN GUIDELINES: Kugler said the City intends to form a Commission to draft design guidelines for in-fill deveEe~ment in older neighborhoods. He said there have been complaints that new apart~..'ent...J;~ldings do not fit in with what already exists. Kugler said the Commission ifzL~,,oulE~ind"~¢!~ one person from the Historic Preservation Commission and will also include ~re~nta~ from the development community, neighborhood interests, and someone ..... the P~ing and Zoning Commission. He added that he expects the Commission to ~ ~r dnl~a few meetings, until the guidelines are completed. Kelly volunteered to sit Historic Preservation Commission June 22, 1998 Page 9 OTHER INFORMATION: Kelly thanked Cairns for her efforts on behalf of the Commission and said she would be missed. Kugler said the City is still looking for a Brown Street representative for the Commission and asked members to encourage interested parties to apply. Malkmus informed Commission members that they should put conversations with interested parties outside of the public meetings on the record. Michaud asked if applicants were required to inform their neighbors of significant additions to a home, as in the case at tonight' s meeting. Kugler said it was encouraged but not required. Kelly said it was a bad situation to discuss a certificate of appropriateness for a house that is on the market. Kugler said it should not really make a difference and that the Commission should consider the issue with respect to the guidelines and not be influenced by deadlines it cannot control. Cairns asked if it matters that the addition is to function for a disabled person. Gunn said he thought there would really be no chance of approval, if not for the fact that a wheelchair has to be accommodated. He questioned whether approval would make it more difficult to deny such an addition in the future. Malkmus said the information from the City Attorney indicates that habitability is an issue, but that the Commission has legitimate grounds to deny an application of the historic integrity of the house or district would be damaged or threatened. ADJOURNMENT: The meeting was adjourned at 7:12 p.m. ppdadmm~mlns\hpc6*22doc Date sent: To: From: Subject: Wed, 01 Jul 1998 09:08:36 -0500 council@blue.weeg.uiowa.edu karen <kkubby@blue.weeg. uiowa.edu> Sewer Backup on 7th Ave. City Council, I am forwarding this message as requested.--Karen Dear Karen, Karen this is coming to you because your fellow council members don't have e-mail. If you would have someone copy it to the other council members I would appreciate it. Thanks. I am writing in concern to the sewage back up that has occurred recently on two occasions in my Iowa City residence. Sewer back-up was understandable in 1993, however I believe that on the two occasions this year the ground was not nearly as saturated and the rainfall amounts leading to the back up were not nearly as torrential. In fact a rainfall of only 1.5" led to the first back up. This is NOT understandable. We live near the outlet of the new storm water drainage sewers recently redone on the East Side. We believe this coupled with the paving of paradise (the new 1st Ave. Hy-Vee) is leading to increased storm water being funneled into Ralston creek. The creek now rises faster and higher than ever before and has spilled out of its banks with even the mildest Iowa storm. Whenever the creek level comes up to its banks we get sewer back up in our home. This is unsanitary, unhealthy and unsafe. If the council is going to allow unchecked new development maybe they should put some thought into the long-term impact on existing properties. Did the city planners not understand that draining that much land would have an impact on Ralston Creek? If the city is going to increase the amount of runoff handled by Ralston Creek I believe they should do something to facilitate the increased flow, i.e. deepen the channel by dredging coupled with flow obstruction removal. We would appreciate it if you could have someone look into this problem for us; a written response would be noble. This problem also affected several of my neighbor's homes and they will also be in contact. Steven A. Bullard 927 7th Ave. Iowa City, Iowa 52240 Steven-Bullard@uiowa. edu -- 1 o- Thu, 2 Jul 1998 07:59:08 DEAN M. RAMMELSBERG 313 Ronald St. Iowa City, IA 52245-1943 (319) 351-6752 June 24,1998 CITY OF I0 WA CITY Mr. Joe Bolkcom, Chair Members of the Board of Supervisors 913 S. Dubuque Street Iowa City, IA 52240 Dear Joe and Members of the Board: The City Council has been forwarded a request from APEX Construction to rezone 2.00 acres from CH, Highway Commercial, to CP-2, Planned Commercial, for property located on the south side of Highway 1 at its intersection with Landon Avenue in Johnson County. The property is located within Fringe Area C, outside of the City's projected growth area. The application includes a preliminary site plan and building plan that indicates the site will be used for an approximate 6,000 square foot carpenter shop and office. At its June 18 meeting, the Planning and Zoning Commission found, by a vote of 7-0, that the proposed rezoning is consistent with the mutually agreed upon Fringe Area Policy for Area C. It is the Commission's understanding that no agricultural or residential land will be rezoned, and that the site will be accessed off of Yvette Street, an existing private street. The Council, therefore, advises that the request to rezone this property from CH to CP-2 be approved. Thank you for the opportunity to review this application. Sincerel Ernest W. Lehman Mayor jw/Itdel-bolk. doc 410 EAST WASHINGTON STREET , IOWA CITY, IOWA 52240-1826 · (319) 356-~i000 t, FAX (319) 356-:5009 City of Iowa City MEMORANDUM Date: June 8, 1998 T0: From: Re: Planning and Zoning Commission John Yapp, Associate Planner 'Zd/~ CZ98-0029. Apex Construction rezoning request on Highway 1 from CH, Highway Commercial, to CP2, Planned Commercial Johnson County has received an application from Apex Construction to rezone 2.00 acres from CH, Highway Commercial, to CP2, Planned Commercial, for property located on the south side of Highway 1 at it's intersection with Landon Avenue. The property is located within Fringe Area C, outside of the City's projected growth area. The application includes a preliminary site plan and building plan that indicates the site will be used for an approximate 6,000 square foot carpenter's shop and office. The Fringe Area Agreement between Johnson County and Iowa City is intended to protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. The Fringe Area C Policy states that, for land outside of the City's growth area, development on land which is zoned for non-farm development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. The Policy does not consider changing property from one commercial zone to another commercial zone. In reviewing this application, staff considered whether the proposed CP2 zone and associated site plan is contrary to the intent of the Fringe Area Agreement. The property is currently zoned CH, Highway Commercial. CH zoning in Johnson County allows uses such as churches, clubs, and other institutions, filling stations, office buildings, repair shops, truck terminals, restaurants, and other similar uses. The CH zone does not specifically permit a carpenter's shop and office. The CP2 zone in Johnson County permits similar types of uses as the CH zone, including restaurants, filling stations, warehousing, lumber yards, and contractors facilities. The CP2 zone requires approval of a development plan in order to ensure the adequate provision of services and compatibility between adjoining land uses. The site plan submitted with the application shows the carpenter's shop and office would use Yvette Street, a private street, for access to the site. No new curb cuts onto Highway 1 are being proposed. There are other commercial establishments in the area on the south side of Highway 1, including Yansky's Auto Repair and Big Ten University Towing, and approximately 6.5 acres of CH zoning remaining to the east of this site. It appears the proposed development is compatible with surrounding properties. In summary, the applicant is proposing that 2.00 acres be rezoned from CH to CP2; no agriculturally or residentially zoned land will be rezoned. While the site will front on Highway 1, it will be accessed off of Yvette Street, an existing private street. In staff's view, the proposal is not contrary to the intent of the Fringe Area Agreement. STAFF RECDOMMENDATION: Staff recommends that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ98-0029, a request to rezone 2.0 acres from CH, Highway Commercial, to CP2, Planned Commercial, for property located on the south side of Highway 1 at it's intersection with Landon Avenue, be approved. ATTACHMENTS: 1. Location Map. 2. Preliminary Site Plan and Building Plans. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development / ~ 0 0 I 0 I I i I I I I II I \ 0 0 "~ 535 Southgate Avenue Iowa City, Iowa 52240 Phone (319) 354-1984 Fax (319) 354-8850 May 14, 1998 Thomas Anthony, RLS Ralph Stoffer, PE, RLS Johnson County Zoning Commission Johnson County Board of Supervisors Johnson County Administration Building 913 S. Dubuque Street Iowa City, IA 52240 Re: Apex Construction Co., CP2 Rezoning Dear Commissioners and Supervisors: On behalf of Harvey Miller and Steve Schmidt of Apex C':~nstruction, Co., we are submitting this rezoning application for your review and subsequent approval. The parent parcel is Lot 1 of Donohoe Foudh Subdivision, ,ying south of Highway 1 at Landon Avenue. Apex wishes to rezone the west 2 acres of Lot 1 for their carpenter shop and office. The existing entrance and access easement ,,viII be used. Water service is available from the existing well. A new septic system will be installed treating domestic waste only. Included with this application is a preliminary site plan and building plan provided by Apex. .. Please give this application favorable consideration. Feel free to call if you have any questions. Thank you. LANDMARK SURVEYING AND ENGINEERING Thomas Anthony: LLS% TA:mf cC: Apex Construction Co. Phil Left, Attorney 7