HomeMy WebLinkAbout2006-02-23 Info Packet
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CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
February 23, 2006
FEBRUARY 27 WORK SESSION ITEMS
IP1 City Council Meetings and Work Session Agendas
IP2 City Conference Board Meeting February 27,2006
MISCEllANEOUS ITEMS
IP3 Letter from the City Manager to Senators Dvorsky and Bolkcom; Representatives Jacoby,
Mascher, and Lensing: Eminent Domain HF2120
IP4 Memorandum from the Director of Finance to the City Manager: Tobacco Fines
IP5 Memorandum from the Director of Planning and Community Development: Confirmation of
Council direction
IP6 Letter from Swen Larson to the City Manager: Building permit fees and corresponding
City expenses
IP7 Email from the Chief of Police: Complaint of Racism Investigation Completed
IP8 Memorandum from the Transit Manager to the City Manager: ITS Upgrades to Fifteen
Buses
Ipg National Heritage Essay Contest: Old Capitol Sertoma- February 16, 2006
IP10 Approved Minutes: Economic Development Committee January 18, 2006
PRELIMINARY/DRAFT MINUTES
IP11 Police Citizens Review Board: February 14, 2006
IP12 Board of Adjustment: February 8,2006
IP13 Public Library: January 26, 2006
IP14 Historic Preservation Commission: February 9, 2006
IP15 Public Art Advisory Committee: February 2, 2006
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CiTY OF IOWA CiTY
City Council Meeting Schedule and
Work Session Agendas
ULl
February 22. 2006
www.icgov.org
. MONDAY, FEBRUARY 27
6:30p City Conference Board Meeting
Separate Agenda Posted
Special Work Session
. Planning and Zoning Items
. Engine Brake
. Goal Session Update
. Council Appointments
. Agenda Items
. Council Time
Emma J. Harvat Hall
. TUESDAY, FEBRUARY 28
7:00p Special Formal Meeting
Emma J. Harvat Hall
TENTATIVE FUTURE MEETINGS AND AGENDAS I
. MONDAY, MARCH 6 Emma J. Harvat Hall
6:30p City Council Work Session
. TUESDAY, MARCH 7
7:00p Formal Council Meeting
Emma J. Harvat Hall
. MONDAY, MARCH 20
6:30p City Council Work Session
Emma J. Harvat Hall
. TUESDAY, MARCH 21
7:00p Formal Council Meeting
Emma J. Harvat Hall
. WEDNESDAY, MARCH 29
4:30p-6:30p Joint Meeting - Local Jurisdictions
Emma J. Harvat Hall
. TUESDAY, APRIL 4
5:00p
7:00p
Emma J. Harvat Hall
Special Council Work Session
Formal Council Meeting
. MONDAY, APRIL 17
6:30p City Council Work Session
Emma J. Harvat Hall
. TUESDAY, APRIL 18
7:00p Formal Council Meeting
Emma J. Harvat Hall
. MONDAY, May 1
6:30p City Council Work Session
Emma J. Harvat Hall
. TUESDAY, May 2
7:00p Formal Council Meeting
Emma J. Harvat Hall
OFFICE OF THE
~
IOWA CITY ASSESSOR
JOHNSON COUNTY ADMINISTRATION BUILDING
DENNIS BALDRIDGE
ASSESSOR
BRAD COMER
DEPUTY
MARTIN BURKLE
DEPUTY
February 22, 2006
Dear Conference Board Member:
The meeting of the Iowa City Conference Board for the public hearing on the Iowa
City Assessor's FY 2007 budget is scheduled for Monday, February 27,2006 at 6:30
P.M. at the Iowa City Civic Center.
Enclosed for your review before the meeting are:
I. The Agenda.
2. A copy of the January 23,2006 minutes.
3. A copy of the FY07 Itemized Budget.
If you have any questions about the budget please feel free to phone me at the office
at 356-6066 or at my home at 688-2661.
Sincerely,
~~
Dennis Baldridge
Iowa City Assessor
913 SOUTH DUBUQUE STREET. IOWA CITY IOWA 52240
TELEPHONE 319-356-6066
February 22, 2006
TO WHOM IT MAY CONCERN:
The Iowa City Conference Board will meet at 6:30 P.M. on Monday February 27,2006
at the Iowa City Civic Center. The purpose of this meeting is to hold a public hearing
on the Iowa City Assessor's proposed budget for FY 2007.
AGENDA:
1.
2.
3.
Call meeting to order by the Chairperson.
Roll call by taxing body.
Act on minutes of January 23, 2006 Conference Board meeting.
4.
5.
Public Hearing on budget.
Adopt budget.
6.
7.
8.
Appointment of Examining Board member.
Other business.
Adjournment.
Dennis J. Baldridge
Clerk, Iowa City Conference Board
,_.__._-_._------_.~---~----'--~._.~---
lOW A CITY CONFERENCE BOARD MINUTES
January 23, 2006
Citv Conference Board: January 23,2006, at 5:30 P.M. in the Council Chambers at
the Iowa City City Hall. Mayor Ross Wilburn presiding.
Iowa Citv Council Members Present: Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef, Wilburn.
Johnson Countv Supervisors Present: Harney, M. Lehman, Neuzil, Stutzman,
Sullivan.
Iowa Citv School Board Members Present: Morgan, Wallace.
Others Present: Baldridge, Comer, Atkins, Helling, Dilkes, and Karr.
Tape Recorded: Reel 06-06, Side 1.
Chair Ross Wilburn called the meeting to order and clerk Baldridge called roll and
stated that a quorum was present.
The City moved to accept the minutes of the last Conference Board meeting,
February 28,2005, the County seconded and the motion carried 3/0.
Iowa City Assessor Baldridge presented his FY '06 Assessment Expense Fund
budget. The increases are $13,190 for a four percent cost-of-living increase in
salaries, $1,010 for an increase in FICA, $750 for an increase in IPERS, $6,200 for an
increase in postage, an alternate year expense, $1,300 for an increase in printing, also
an alternate year expense, $2,000 for an increase in software maintenance and
$10,000 to transfer employee leave contingency from the Special Appraisers Fund.
There was a reduction of $600 for a decrease in health insurance due to increased
employee contributions.
Funding for the Special Appraisers Fund of $31,723 is requested. The Special
Appraisers Fund adds $1500 to the car replacement fund, $2500 to the computer
replacement fund, and transfers the leave contingency fund to the Assessment
Expense Fund. Because of a reduction in the Special Appraisers Fund, next year's
carryover should be enough to make a levy unnecessary.
A discussion was held about the four percent cost of living increase before the City
moved to change the increase to three-and-one-half percent, the County seconded,
and the motion passed 3/0.
The Schools then moved to approve the budget for publication with a three-and-one-
half percent increase and the City seconded. The motion passed 3/0.
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The County moved to set the public hearing for February 27,2006 at 6:30 P.M. at the
Iowa City City Hall, the City seconded and the motion carried 3/0.
The vacancy on the Iowa City Board of Review has been advertised and there was
one applicant. It was moved by the City to appoint Ernie Galer to the Board of
Review for a six-year term ending December 31,2011. The Schools seconded and
the motion carried 3/0.
It was moved by Vanderhoef to re-appoint John McDonald to the Examining Board
for a six-year term ending December 31, 2009. Champion seconded and the motion
carried.
The City asked for discussion from the Schools and County about recent talks of
combining the Iowa City Assessor's Office with the Johnson County Assessor's
Office. After comments from each of the members ofthe County and Schools and
several members of the City Council it was decided to look into the matter further at a
later date.
There being no other business it was moved by the City and seconded by the Schools
to adjourn at 5:54 P.M.
Dennis Baldridge
Clerk, Iowa City Conference Board
ITEMIZED BUDGET - ASSESSMENT EXPENSE FUND
EXPENDITURE FY 2006 FY 2007 INCREASE
SALARIES
CITY ASSESSOR 75,230 77,860 3.50%
FIRST DEPUTY 63,950 66,180 3.49%
SECOND DEPUTY 58,745 62,290 6.03%
REAL ESTATE CLERK 41,240 42,680 3.49%
CLERK/APPRAISER 34,330 35,530 3.50%
CLERK/ACCOUNTING 36,900 38,190 3.50%
LONGEVITY 2,675 1,950 -27.10%
SUBTOTAL $313,070 $324,680 3.71%
EMPLOYEE BENEFITS
EMPLOYER SHARE: FICA 24,760 25,650 3.59%
EMPLOYER SHARE: IPERS 18,610 19,280 3.60%
HEALTH INSURANCE 71,380 70,780 -0.84%
SUBTOTAL 114,750 115,710 0.84%
ITOTAL EMPLOYEE COST $427,820 $440,390 2.94%1
OTHER EXPENDITURES
(Previously in Special
LEAVE CONTINGENCY Appraisers Fund) $0 $ 10,000
BOARDS
BOARD OF REVIEW 10,500 10,500 0.00%
BOARD OF REVIEW EXPENSES 200 200 0.00%
CONFERENCE BOARD 0
EXAMINING BOARD 30 30 0.00%
SUBTOTAL $10,730 $10,730 0.00%
OFFICE EXPENSES
MILEAGE & AUTO 1,600 1,600 0.00%
OFFICE SUPPLIES 3,500 3,500 0.00%
POSTAGE 1,200 7,400 516.67%
TELEPHONE 1,000 1,000 0.00%
PUBLICATIONS & SUBSCRIPTIONS 700 700 0.00%
PRINTING 500 1,800 260.00%
INSURANCE 3,500 3,500 0.00%
EQUIPMENT PURCHASE 3,400 3,400 0.00%
EQUIPMENT MAINTENANCE 200 200 0.00%
UNEMPLOYMENT 2,000 2,000 0.00%
DATA PROCESSING SERVICES 14,000 14,000 0.00%
SOFTWARE MAINTENANCE 14,000 16,000 14.29%
BONDS & WORKER'S COMPENSATION 1,200 1,200 0.00%
SUBTOTAL $46,800 $56,300 20.30%
PROFESSIONAL EXPENSES
SCHOOLS & CONFERENCES 8,500 8,500 0.00%
DUES 1,600 1,600 0.00%
SUBTOTAL $10,100 $10,100 0.00%
TECHNICAL SERVICES
LEGAL FEES & EXPERT WITNESSES 27,000 27,000 0.00%
APPRAISAL SERVICE 600 600 0.00%
SUBTOTAL $27,600 $27,600 0.00%
ITOTAL OTHER EXPENDITURES $95,230 $104,730 9.98%1
TOTAL BUDGET $523,050 $555,120 6.13%
UNENCUMBERED BALANCE -$51,000 -$25,411
TO BE RAISED BY TAXATION $472,050 $529,709 12.21%
_______~_._u~~..___d_________,._.,.._______.,.________--.--..-.---------
ITEMIZED BUDGET - SPECIAL APPRAISERS FUND
EXPENDITURE FY 2006 FY 2007
MAPPING & APPRAISAL $10,881 $8,600
CAR REPLACEMENT 4,671 6,171
RE-APPRAISAL FUND 14,452 14,452
LEAVE CONTINGENCY 10,000 0
COMPUTER REPLACEMENT 2,500 2,500
DP SOFTWARE PURCHASE 0 0
TOTAL BUDGET $42,504 $31,723
UNENCUMBERED BALANCE ($16,509) ($31,723)
TO BE RAISED BY TAXATION $25,995 $0
IGRAND TOTAL TO BE RAISED BY TAXATION $498,045 $529,709 I
MAXIMUM LEVY ALLOWED
MAXIMUM ASSESSMENT EXPENSE FUND 2,288,322,868 X .00027
IPERS & FICA FUNDS
UNEMPLOYMENT COMPENSATION & TORT LIABILITY
MAXIMUM FOR ASSESSMENT EXPENSE FUND
MAXIMUM SPECIAL APPRAISERS FUND
2,288,322,868 X .000405
MAXIMUM ALLOWED WITHOUT STATE APPROVAL
MAXIMUM EMERGENCY FUND
(requires State Appeal Board approval)
2,288,322,868 X .00027
MAXIMUM THAT COULD BE RAISED BY TAXATION FOR FY 2006
$617,847
$45,130
$4,000
$666,977
$926,771
$1,593,747
$617,847
$2,211,594
PRIOR YEARS LEVIES AND RATES
ASSESSMENT EXPENSE FUND SPECIAL APPRAISERS FUND TOTAL LEV~
AMOUNT LEVIED LEVY RATE AMOUNT LEVIED LEVY RATE
303,281 0.20446 30,000 0.02023
319,513 0.2045 17,000 0.01088
318,270 0 19946 52,834 0.03311
318,699 0.19269 184,357 0.11146
341,910 0.19784 352,508 0.20398
359,341 0.19823 180,293 0.09946
396,829 0.20636 6,442 0.00335
403,136 0.20694 4,426 0.00227
412,379 0.20818 10,051 0.00507
470,398 0.22926 15,728 0.00767
472,050 022525 25,995 0.01240
529,709 0.23148 0 0
FY
1995-96
1996-97
1997-98
1998-99
1999-00
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
0.22469
0.21538
0.23257
0.30415
0.40182
0.29769
0.20971
0.20921
0.21325
0.23693
0.23765
23148
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:ITY OF IOWA CITY
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www.icgov.org
February 16, 2006
OFFICE OF THE
CITY MANAGER
The Honorable Vicki Lensing
2408 Mayfield Road
Iowa City, IA 52245
Stephen J. Atkins
City Manager
steve-atkins@iowa-city.org
Re:
Eminent Domain HF 2120
Dale E. Helling
Assistant City Manager
dale-helling@iowa-city.org
Dear Ms. Lensing:
We have been following the proposed legislation regarding eminent domain
and staff has reviewed HF 2120. In addition to our concerns over the
restrictions which could be placed on our economic development initiatives,
many aspects of this proposed legislation seem to extend well beyond use
of eminent domain for economic development activities.
Of specific concern is language in section 3 of the bill which prohibits the
condemnation of private property for construction of a landfill or for
construction of sewer treatment facilities unless the acquiring agency
demonstrates that no other feasible alternative exists to accomplish its
purpose. Having been involved in decisions regarding the location and
expansion of these facilities, I can tell you that debate over feasible
alternatives can go on forever. These are difficult decisions for communities
to make, but at some point the local elected body needs to make a decision
and move forward with a plan. The proposed legislation appears to
effectively preempt the local decision and puts it in a court of law where
negotiations, debate and appeal can take years. Meanwhile, local
governments have environmental obligations, imposed by Federal law and
State regulations, which must be satisfied or fines will be imposed. The net
effect is local governments will be forced to make expensive land deals with
property owners who are willing to sell if the price is right, even if the site is
not optimally located for the facility. Wastewater and landfill facilities not
optimally located will incur higher energy and operating costs over the life of
the facility and can cost the public many millions of dollars.
The bottom line is that the proposed changes would be detrimental in the
long term to the well being of our citizens. The proposed changes are
unnecessary because we believe Iowa communities do not have a history of
abusing eminent domain powers and significant safeguards were built into
the process in 1999 and 2000 through HF476 and HF 2528.
410 E. Washington Street
Iowa City. IA 52240
Phone: (319) 356.5010
Fax: (3 I 9) 356.5009
Also, please keep in mind that eminent domain exists to provide a fair and open
process for the acquisition of public land. Fair for both parties and open for all to
see.
Please consider these issues when contemplating SF2120.
Thank you,
~
Stephen J. Atkins
City Manager
Enclosure
cc: City Council
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loan!: Page llA
:k, president and publisher
managing editor Opinion Monday, January 30, 2006
~arlson, opinion editor Iowa City Press-Citizen
rown, market development director
II, assistant managing editor Jeff Charis-Carlson, Opinion editor
ylor, account executive Phone: 887-5435
,
I andez Gregory, community member E-mail: opinion@press-citizen.com
I
,
Our View Domain and development
~us of the Press-Citizen editorial board
ne limits on Newspapers reported N. William Hines land oligopoly in which Share your idea major economic develop-
this week th31 a bill was nearly all privately owned ment projects if they ""ve
introduced in the Iowa Guest Opinion land in Hawaii was held by a . If you'd like to the condemnation power in
drivers General Assembly to place few large land trusts. submit a guest opinion reserve. Placing the types of
lllger rather strict limits on the purpose, and which of those fu the Kelo ease, the restrictions on eminent
eminent domain powers of projects are best accom- Supreme Court approved as that addresses local domain contemplated by
local govenunents. This plished through condemna- constitutional an ambitious issues of pOlitical and the proposed legislation
proposed legislation is said tion of private property. economic development social significance, con- could hamstring the very
ld for state to be in response to the They further point out th31 plan by the City of New tact the editorial page local governments Iowa is
recent U.S. Supreme Court the legal obligation to award London that entailed the editor at opinion@press- looking toward as the
decision in Kelo v. City of the condemnee "just com- pW'Chase or condemnation engines of civic revitaliza-
New London. I wonder if pensation' means th31 the of private land to be rede- citizen.com. tion and could thereby stifle
the proponents of this bilI govenunent must pay full veloped under a plan to revi- badly needed economic
e with the governor's office and with state understand that, notwith- market value for any private talize New London's down- authorized condenmation growth - the No. I priority
tion officials that legislation is required to standing all the media alien- property interests taken to town in anticipation of of private land to promote of both parties in this leg-
privileges for younger'drivers. All the sta- tion given it, the Keio case adv.ance a public project, attracting a major employer economic development in islative session.
gest that this age group would benefit did nothing more than real- and this is all the constitu- to the City. This redevelop- distressed local communi- Even the proponents of
firm the constitutional prln- tion requires. ment plan el\ioyed wide ties suffering from high legislation to limit local
, experience before being set loose at the ciples established in a line '!\vo frequently cited support within the local unemployment, declining governments' eminent
lepartment of cases dating back to the prior cases involved high community. After declining property values and an domain powers admit that
of The issue urban renewal era following court approval of a local to substitute its judgment eroding tax base. Sound there is no history of local
ety said drivers World War n. government's decision to for th31 of the local govern- familiar? governments seriously
Ie ages of 16 and . State transporta- In these cases, the demolish a perfectly sound ment with regard to the effi- Economic rejuvenation abusing their condemna-
Ip about 17 per- tion officials suggest Supreme Court has consis- building as part of a prqject cacy of its development of depressed communities tion powers in Iowa.
tently adopted a policy of to completely level a blight- plan, the Court in the Kelo across Iowa also may Wouldn't it therefore make
IOtorists in the that legislation is need- judicial deference to the ed neighborhood so th31 it case stated: "(We) also require the kind of redevel- more sense to concentrate
accOlmt for 24 ed to curb some privi- decisions of elected govern- could be redeveloped by decline to second guess the opment of sizeable tracts of legislative attention this
fatalities and 26 leges for younger driv- menial officials when they private developers carrying city's determinations as to urban or suburban land as session on today's real
serious irtiuries. ers. invoke the power of emi- out the community's master what lands it needs to was the focus of the Kelo problems and not worry
those accidents nent domain to carry out a urban renewal plan, and acquire in order to effectu- case. Years of experience about imagined worst-case
e of distractions We suggest public project. The high upholding a decision by lite the project ' It is note- with the use of eminent scenarios that assume
court opinions explain th31 Hawaii to compel landlords worthy th31 the state law domain in Iowa makes clear future overreaching by
many friends in . Based on the acei- it is up to elected officials, to sell rental units to the New London invoked to jus- that it is much easier for Iowa local governments?
. too many cell not courts, to detennine state for resale to the ten- tify its use of eminent elected local officials to N. WilUam Hines 1$ a Dean
S. dent statistics for what projects constitute a ants occupying them for the domain was a Connecticut acquire the consolidated Emeritus of the University of
I, it only makes younger drivers, the public use or serve a public purpose of eliminating a statute th31 specifically parcels often needed for Iowa's College of law.
)an cell phones measures make sense.
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CITY OF IOWA CITY I];]
MEMORANDUM
Date: February 17, 2006
From:
Steve Atkins, City Manager
Kevin O'Malley, Director of Finance
Tobacco Fines
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To:
Re:
As you may recall you wanted the answer to two questions concerning tobacco fines. The
questions were 'how much did the City receive last fiscai year?', 'and where was the money
deposited?'
In FY05 we received $2,400 in tobacco fines and the money was deposited in the General
Fund.
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CITY OF IOWA CITY ~
MEMORANDUM
From:
February 17, 2006
City Council
Karin Franklin, Director,
Confirmation of Council direction
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Date:
To:
Re:
To confirm our discussions at the work session of February 13, the Council directed the staff to
proceed with the Central Planning District rather than the Southeast District. As we undertake
our usual "grass roots" planning process with the Central District, we will continue to work with
property owners near Scott-Six Industrial Park to expand our industrial opportunities consistent
with our existing Comprehensive Plan.
The other item we discussed Monday was approval of the acquisition of a lot on Chamberlain
Drive in Census Block 14 (Lucas school district) by The Housing Fellowship for a single-family
owner-occupied dwelling. The Housing Fellowship will proceed with the acquisition using
CDBG/HOME funds, given the Council's approval.
Cc City Manager
Bob Miklo
Tracy Hightshoe
em
HBA
FILED
20% FEB I 6 MlIl: 51
en ,{ CLH-ii<
1""''''^ ('lili"I{,,\WA
11 South Gilbert
P.O. Box 3396
Iowa City, Iowa 52244
Phone: (319)351-5333
Fax: (319)358-2443
E-mail: hbaofic@cs.com
www.iowacityhomes.com
HOME BUIl:iORS AssociATION
Advocates for homeownership
by promotil,g standards for
quality and affordablility
February 15,2006
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Mr. Steven 1. Atkins
City Manager
City ofIowa City
410 East Washington Street
Iowa City, IA 52240
RE: Building Permit Fees
Dear Mr. Atkins:
This letter is a follow up to Michael Pugh's correspondence to you of last summer and
your response regarding the fees generated by building permits and the corresponding
expenses the City incurs in connection with issuing those permits. At the time of your
response last June, you indicated that the information for FY2005 \Vas not yet available.
I assume that information is now available and would appreciate it if you would send me
a copy of that information.
Your June 27, 2005 letter indicated that you did not incorporate into the expense side of
the Building Inspection figures those operations paid for by the general fund; including
the cost of general liability , property and workers compensation insurance; utilities; and
administrative charges. Although you consider your Division of Building Inspection to
be a component of the general fund, the Greater Iowa City Area Home Builders
Association believes you are required to match your operating costs of that Division, or
even a particular component of that Division, such as building permit fees, against the
fees generated.
As you probably know, the City of Iowa City may assess a fee to cover the administrative
expenses it incurs in connection with reviewing and approving building permits, however
it may not charge builders an impact fee or excise tax. In Home Builders Association of
Greater Des Moines vs. City of West Des Moines, the Iowa Supreme Court held that the
City of West Des Moines could not charge builders a fee in connection with subdivision
approval and building permit issuance, when the fees were deposited into a sub-fund of
the general fund and used by the City for park site acquisition and physical
improvements. Home Builders Association of Greater Des Moines vs. City of West Des
{00308580.D~Jilia(ed with National Association of HOllle Builders & Home Builders Association of Iowa
Moines, 644 N.W. 2d 339 (Iowa 2002). The Court found that such a charge was an
impact fee and that Iowa does not have legislation authorizing cities to charge impact
fees. The Court further found that the fee could not be justified under the City's police
power because it was not a fee charged to recover the administrative expenses incurred
by the City, nor was it a fee charged in connection with a special benefit conferred by the
City.
Therefore, I would appreciate it if you would provide me with the FY2005 data, which
incorporates those general administrative expenses and charges related to building permit
review and approval into the expense side of your Building Inspection operations. If that
allocation shows that the fees generated by building permits are in excess of the City's
administrative expenses, the Greater Iowa City Area Horne Builders Association requests
a refund of those fees.
I also encourage you to raise this issue with the City Council in connection with their
current review of the budget. We expect that the City will determine the expenses it
incurs in connection with building permit review and approval and charge only those fees
required to.recover those costs, as permitted by Iowa law.
I would appreciate it if you would respond to this request before March 10,2006. Thank
you in advance for your cooperation and I look forward to hearing from you.
~.~
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Swen T. Larson,
President
Greater Iowa City Area Horne Builders Association
cc: Iowa City City Council
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ICGov.Org Email Release
Page I of 4
~
Marian Karr
From: Sam Hargadine
Sent: Thursday, February 23, 2006 8:33 AM
To: .City Council
Subject: FW: ICGov.org Media Release: Police & Fire
Mayor Wilburn and Council,
Normally police departments are very guarded about releasing details involving Internal Affairs and
disciplinary issues. The charge or racism and profiling made the front page of the newspaper and
questioned the integrity of the department which is paramount to our effectiveness in this community.
For these reasons and in consultation with the Manager I chose to respond to the allegations publicly.
Quite frankly, the public complaint dictated a public response.
Hundreds of hours were spent investigating this complaint. Mr. Young makes his living writing and
speaking about racial strife in America. The investigation we completed yesterday clearly indicates that
Mr. Young is very quick to pull the race card anytime any person of authority challenges him or says
anything in contradiction to what he believes. He has a right to his opinions.
Please rest assured that the men and women of the Iowa City Police Department are professionals and
believe in individual dignity.
Chief Sam Hargadine
Iowa City Police Department
410 E. Washington
Iowa City, IA 52240-1826
Office: 319.356.5271
Email: Sam-Hargadine{aJj,Qwa-cit)'m'g
NOTICE: This email (including attachments) is covered by the Eiectronic Communications Privacy Act,
18 U.S.C. 2510-2521, and is confidential and may be legally privileged. If you are not the intended
recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this
communication is strictly prohibited. Please reply to the sender that you have received the message in
error, and then delete it. Thank You.
From: web@icgov.org [mailto:web@icgov.org]
Sent: Thursday, February 23, 20068:10 AM
To: sam-hargadine@iowa-city.org
Subject: ICGov.org Media Release: Police & Fire
News from The City of Iowa City
Title: COMPLAINT OF RACISM INVESTIGATION COMPLETED
Release Date: Thursday, February 23, 2006
Release Time: 8:06:00 AM
Originating Department: Police
Contact Person: Sam Hargadine, Chief of Police
2/23/2006
ICGov.Org Email Release
Contact Number: 319-566-5271
On February 4, 2006 a complaint was filed with the Iowa City Poiice Department
accusing officers of racism and racial profiling. The compiaint was filed directly with the
Chief of Police and simultaneously with the City of Iowa City Council, University of Iowa
Administration and U.S. Representative Jim Leach. Additionally, an email was circulated
to the press.
The complaint was filed by Vershawn Ashanti Young, an African American male. The
complaints alleged that on February 4, Iowa City police officers "stopped him for no
reason" and have done so on a number of occasions.
An investigation into the incident was conducted utilizing three supervisory officers. Also
investigated were previous contacts involving the Iowa City Police Department and Mr.
Young.
Detaiis of Incident:
On February 4, an unknown rider on the "Westwinds" bus approached the bus driver and
stated that there was a wanted person sitting on the bus. The unknown rider was male,
approximately 50 years old and African American. The bus driver through the overhead
mirror could see the general description of the supposed wanted person and that
description is black male, late twenties to early thirties, wearing a large bulky dark navy
coat. This information was radioed by the driver to the transit dispatcher. At 8:09 AM
the transit dispatcher called the Iowa City Police Dispatch Center and relayed the details
from the "Westwinds" bus driver. Two officers are dispatched to meet the "Westwinds"
bus at the downtown bus turnaround located on Washington Street. A third officer also
showed up as backup.
The "Westwinds" bus arrives at the turnaround prior to the officer's arrival and
passengers get off the bus.
At 8:17 AM the driver receives permission from bus dispatch to depart and remain on
schedule. The "Westwinds" bus departs the terminal now with the "Rochester" sign
displayed.
At 8:21 AM Officers Arrive. Officer One is a white male. Officer Two is a white female.
The third back up officer is a white male. Officer One radios there isn't a bus in the
turnaround and both officers stay in the area until clearing the call at 8:30 AM.
At 8:31 AM Officer One radios that there is a "Westwinds" bus at the turnaround facing
west. Neither officer is aware that the bus identified as the "Westwinds" bus has just
turned over the route identifier from (inbound) "Lakeside" to (outbound) "Westwinds"
and is discharging passengers from the Lakeside leg of the route.
Officer Two observes a black male matching the description of the wanted subject
walking west on the sidewalk from the buses in the turn around. At 8:32:15 AM, Officer
One radios dispatch that they wiil be checking a subject that matches the
description. Officer One also radioed that the subject did not appear to be stopping for
Officer Two.
Officer One pulled his car in front of the path of the subject to assist in temporary
detention which forced the subject to stop. At 08:32:36 Officer One radios for a
supervisor to respond to the scene.
As Officer One joins the conversation between the subject, later identified as Vershawn
Young, and Officer Two he immediately hears Mr. Young claim that the police are racists
2/23/2006
Page 2 of4
ICGov.Org Email Release
Page 3 of 4
and only stopped him because he Is black. Mr. Young continually refuses to identify
himself and does ask why he's been stopped but never gives the officers a chance to
explain beyond they were looking for a wanted person. Other witness accounts indicate
that Mr. Young was very animated with arm gestures, getting in the officer's faces and
threatening to file a complaint. During this heated exchange Officer One activated a
recording device and captured most of the exchange. During the exchange Mr. Young
referred to female Officer Two as "Baby" Officer Two asked the subject to refer to her as
Officer however Mr. Young continued to call her "Baby."
At 8:38 AM a sergeant arrived on the scene and Mr. Young immediately provided two
pieces of identification, his driver's license and University of Iowa staff identification
card. The sergeant ran the identifiers through dispatch and confirmed that Mr. Young
was not wanted but his drivers license was suspended which required that police keep
the license to be forwarded to the State of Iowa. Mr. Young's university ID was returned
to him and he was advised that he was free to go.
All officers clear the scene at 08:46 AM.
Investigative Findings:
Police officers are allowed to temporarily detain a citizen if they have reasonable
suspicion that a person has or is about to commit a criminal offense. This is called an
Investigative Stop. Fugitives rarely make this an easy task.
The officers relied on a number of descriptors and circumstances to determine whether
to make an investigative stop that included; the bus identifier "Westwinds", subject
race, gender, age and clothing description. The temporary detaining of Mr. Young was
reasonable and the conduct of the officers was proper and professional.
The complaint of racism and racial profiling are unfounded.
Additional Findings:
During the course of the investigation the department looked to determine whether
there were other incidents.
In August of 2004, a Cedar Rapids Police officer stopped Mr. Young for Failing to Stop
For a Flashing Red Light, issuing a citation. Mr. Young filed a race complaint against the
Cedar Rapids officer and it was determined that the stop was not racially motivated.
In May and August of 2005, Mr. Young was stopped for traffic offenses. In each case Mr.
Young complained to police supervisors that the stops were based on his race. In each
case investigation revealed there was significant "Probabie Cause" to stop Mr. Young and
citations issued.
On February 10, 2006 the r.C.P.D. was contacted by an orthodontist with the University
of Iowa Dental College. The orthodontist saw the news article and wanted to let the
r.C.P.D. know that Mr. Young has filed race complaint against her and the Dental College
after he didn't like the cost of a treatment plan proposed by the orthodontist.
Conclusion:
Deciding factors are based on the February 4, 2006 incident and in totality involving
other pertinent details surrounding Mr. Young.
The officers, in all instances are found to be proper, courteous and professional.
2/23/2006
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2/23/2006
Page 4 of4
City of Iowa City rn:J
MEMORANDUM
Date: February 17, 2006
To: Steve Atkins, City Manager
RL
From: Ron Logsden, Transit Manager
~/~
~
Re: ITS Upgrades to Fifteen Buses
Iowa City Transit just received the final federal funding to allow us to outfit fifteen of our
buses with ITS technology. The ITS upgrades include digital camera systems, Global
Positioning (GPS), automatic voice announcements and on-board wireless.
The GPS will mark the vehicle location on the video as it is recording. In the future as
more funding becomes available we will add Automatic Vehicle Location (A VL). This
A VL technology will allow the transit dispatcher to monitor the location and progress of
our buses to determine if a route needs assistance during adverse weather or traffic
conditions. It will also enable the dispatcher to inform the public of the status oftheir
route when they call into the office to inquire about the status of a particular route. The
caller does not want to stand outside any longer than they have to during inclement
weather waiting for a bus. With A VL, the dispatcher can answer their question without
having to call the bus driver which takes the drivers attention away from driving the bus
in snow and ice to answer the radio to give their location. With the addition of A VL, we
will also be able to add bus arrival kiosks at major bus stops like our interchange which
will give passenger waiting for a bus the actual arrival times for each route.
The automatic voice announcements will announce major stops and cross streets to
conform to ADA requirements.
The on-board wireless will allow a supervisor vehicle or police vehicle to monitor what is
going on inside of a bus from several blocks away in the event of a disturbance or
confrontation on a bus. The on-board wireless will also automatically download events
that the driver has "Marked" (pushed a red button when a disturbance takes place on a
bus) during their shift. When the bus pulls into our bus storage area this "Marked" event
will be saved to a computer in our office. Automatic downloads of "Marked" events
alerts the Supervisor that there is an event that needs to be reviewed and allows them to
review the marked clip without having to pull the hard drive off a bus.
This grant is an 80% federal and 20% local grant.
It is our intent to outfit our 15 newest buses at this time and equip the older buses with
this technology as they are replaced.
~
OLD CAPITOL SERTOMA
NATIONAL HERITAGE ESSAY CONTEST
FEBRUARY 16, 2006
''What Patriotism Means to Me"
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a~ AWARDS PROGRAM
/~, University Athletic Oub
L~ February 16, 2006
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~,,\.\.. Pledge of Allegiance I
Welcome ........................... ...................................Dennis Mitchell
Old Capitol Sertoma Club Lunch
DIRECTORS Reading of Proclamation ..........................Mayor Ross Wilburn
President .............................. ...................... Dennis Mitchell Introduction to Essay Readings..................................Ted HaIm
Secretary ............................................... Chuck Lindemann
Treasurer ........................................................... Gary Ortale Essay Readings: "What Patriotism Means to Me"
Vice President, Sponsorship ...............................Tim Ovel Clear Creek-Amana Middle School .....................Fritz Burgher
Vice President, Membership...................... Jason Swestka
Vice President, Programs .............................Steve Ballard Kathy Brack, Teacher
Sergeants at Arms ......................................... John Jadryev Lone Tree Middle School.....................................Joanna Reeves
Ted HaIm Tom Dickey, Teacher
Chairman of the Board ........................ Larry McConahay
Directors ........................................................ Dorree Eckoff Northwest Junior High .....................................Katherine Valde
Jim McCarragher Scott Jespersen, Teacher
David Redlawsk
Olga Sassine South East Junior High ......................................... Zoe Grueskin
Mike Merulla, Teacher
West Branch Middle School .................................Megan O'Neil
Terry Christiansen and
Janice Murry, Teachers
Presentation of Awards and School Trophy
Presentation of Awards and Trophy..........................Ted HaIm
Closing ............................ ..................... ............... Dennis Mitchell
rnJ
MINUTES
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
WEDNESDAY, JANUARY 18, 2006
CITY HALL, CITY MANAGER'S CONFERENCE ROOM
APPROVED
Members Present: Regenia Bailey and Bob Elliott
Members Absent: Connie Champion
Staff Present: Steve Atkins and Steve Nasby
Others Present: Randy Hartwig, Joe Raso, Lynn Rowat, Harry Wolf, Bart Floyd, Dan Jackson, Bill
Bywater, Rich Colagon, Tim Gohlson
CALL MEETING TO ORDER
Nasby started the meeting as this meeting is the first for the new term of the Council Economic
Development Committee. Nasby asked Bailey and Elliott for their concurrence of the actions of
the City Council organizational meeting that were to appoint Champion and that Bailey would be
the Chair as she is Mayor Pro Tem. Bailey and Elliott agreed.
Chairperson Bailey called the meeting to order at 2:40 PM.
APPROVAL OF MINUTES
Bailey asked if there were any corrections to the minutes as presented for September 13, 2005
and December 15, 2005. Elliott moved to approve the minutes and Bailey seconded. Motion
passed 2-0.
IOWA CITY AREA DEVELOPMENT (ICAD) GROUP PRESENTATION
Raso introduced himself and asked that the members of the ICAD capital campaign committee
introduce themselves and identify their business. Raso distributed a handout to the Council
Economic Development Committee. Raso reviewed the materials and asked the committee to
pay special attention to the highlights and the study data regarding Return on Investment (ROI),
payroll and capital investment. He noted that the ROI numbers for ICAD were two to three times
higher than comparable economic development groups. Raso mentioned some of the unique
work products done by ICAD, and local partners, which included the Wage & Benefits survey,
synchroist interviews and location information. He also noted that ICAD is leading efforts on a
new program called "Work Certified Employees". Raso said that ICAD is a leader in regional
efforts through the Technology Corridor, Regional Cluster Analysis and job fairs.
Bill Geringswald introduced himself as the consultant assisting ICAD with the capital campaign.
He said that the capital campaign plan was arrived at through consultations with investors,
community leaders and others. Geringswald said that economic development organizations need
to be aggressive on a local, state, national and world-wide level to remain at the forefront. He
noted that ICAD's numbers are excellent and that the organization is going the job of one twice
the size. Geringswald handed out information with 2001-2004 ICAD activities highlighted.
Raso said that the "ask" to the City of Iowa City was $500,000 in the form of $100,000 annually.
He said one of the functions ICAD wants to enhance is the pursuit of additional state and federal
funds. Bailey and Elliott thanked Raso and Geringswald for the presentation and asked the City
Manager to place this item on one of the Council's budget work sessions. Atkins acknowledged
that it would be included, possibly on January 31.
AVIATION COMMERCE PARK UPDATE
Nasby said that Randy Hartwig from the Airport Commission was present. Hartwig began by
stating that is the goal of the Airport to become self-sufficient and the sale of the property in the
--,------~----_._---_.._-~.__._._.__._--...~--_._._-.....------
Aviation Commerce Park North, when completed, would provide the Airport with a large sum of
funds.
Hartwig said the Airport is a valuable community asset as shown by its use by local companies
and excellent location. Elliott agreed and said that the Airport needs to get that message out to
the citizens.
Hartwig said that the Airport Commission and City staff have also been discussing the potential
for another such development on the south side of the airport after the N\S run way is closed and
acknowledged that the closure could be prior to the completion of the extension of the EIW
runway. He said that discussions would be needed with the Federal Aviation Administration
(FAA) regarding aviations uses, safety and airspace. Hartwig noted that an update to the Airport
Plan would also be needed as part of this discussion. He estimated that a study would take 2-3
months and then the FAA review. Bailey asked if the update to the Airport Plan was in the
budget. Hartwig said no, but a cost would likely be $15,000. Bailey asked what, if anything,
Hartwig needed from the Economic Development Committee. Hartwig said support for the
$15,000 to update the Airport Plan. Bailey said that the consultant would be getting the
information necessary to move along the possibility for Aviation Commerce Park South. Elliott
asked if the update could be done by City staff. Bailey said that a consultant would have the
specific expertise needed to update the plan, anticipate and address FAA guidelines and make
recommendations to the Airport Commission.
Hartwig thanked the committee for the opportunity to meet.
Elliott made a motion to adjourn. Bailey seconded. Motion passed 2-0.
Minutes submitted by Steve Nasby.
I
,
Council Economic Development Committee
Attendance Record
I 2006
Term
Name Expires 01/18
Regenia Bailey 01/02/08 X
Bob Elliott 01/02/08 X
Connie Champion 01/02/08 OlE
Key:
X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
-- -- = Not a Member
POLICE CITIZENS REVIEW BOARD
MINUTES - February 14, 2006
DRAFT
rnn
CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:05 p.m.
MEMBERS PRESENT: Candy Barnhill, Loren Horton
MEMBERS ABSENT: Elizabeth Engel, Michael Larson
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Lt. Jim Steffen of the ICPD, Colin Burke from the Daily Iowan, and Addiel
Gomez from the Daily Iowan TV
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #05-03.
CONSENT
CALENDAR
OLD BUSINESS
NEW BUSINESS
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
Motion by Horton and seconded by Barnhill to adopt the consent calendar.
. Minutes of the meeting on 01/10/06
. ICPD General Order 89-02 (Department Disciplinary Philosophy)
. ICPD General Order 01-01 (Racial Profiling)
. ICPD Use of Force Report (December 2005)
Motion carried, 3/0, Engel and Larson absent.
None.
None.
None.
Roth received a phone call from Chief Hargadine regarding the possibility of
presenting a report to the Board, which has not been filed as a complaint to the
Board, for their review. Roth spoke with Legal Counsel Pugh and according to
City Code the Board can not review unless the Chief would submit the report as
a complaint of possible misconduct against an officer. Roth and the Chief also
discussed that the Board also has the option, in highly publicized cases if there is
reasonable belief of misconduct, to file a complaint as a Board. Pugh added that
the City Manager, the Police Chief, the City Council, or the Board have that
option. Anyone else filing a complaint must have personal knowledge of the
alleged misconduct. After speaking with Pugh, Roth returned a call to the Chief
and presented him with the information.
Tuttle informed the Board that there are copies of the Citizens' Summary for the
2007-2009 Proposed Financial Plan available if they would like one.
PCRB
February 14, 2006
Page 2
EXECUTIVE
SESSION
REGULAR
SESSION
Motion by Horton and seconded by Barnhill to adjourn into Executive Session
based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records
which are required or authorized by state or federal law to be kept confidential or
to be kept confidential as a condition for that government body's possession or
continued receipt of federal funds, and 22.7(11) personal information in
confidential personnel records of public bodies including but not limited to cities,
boards of supervisors and school districts, and 22-7(5) police officer investigative
reports, except where disclosure is authorized elsewhere in the Code; and
22.7(18) Communications not required by law, rule or procedure that are made to
a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those
communications from such persons outside of government could reasonably
believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
Motion carried, 3/0, Engel and Larson absent. Open session adjourned at 7:12
P.M.
Returned to open session at 8:08 P.M.
Motion by Barnhill and seconded by Horton to forward the Public Report as
amended for PCRB Complaint #05-03 to City Council. Motion carried, 3/0, Engel
and Larson absent.
Motion by Horton and seconded by Barnhill Horton to set the level of review for
Complaint #05-04 to 8-8-7 (B)(1 )(a), On the record with no additional
investigation. Motion carried, 3/0, Engel and Larson absent.
Barnhill questioned whether there was a policy for media and where they could
be during a public meeting for audio/video recording and the concern for
confidential information being in plain sight during the open session. Pugh stated
that the Chair should be able to request that the media record from a certain
area. The Board agreed that this should be put on the next agenda for
discussion.
MEETING SCHEDULE
. March 21,2006,7:00 P.M., Lobby Conference Room
. April 11 , 2006, 7:00 P.M., Lobby Conference Room
. May 9,2006,7:00 P.M., Lobby Conference Room
. June 13,2006,7:00 P.M., Lobby Conference Room
Barnhill will possibly be gone for the April meeting.
ADJOURNMENT Motion for adjournment by Horton and seconded by Barnhill. Motion carried, 3/0,
Engel and Larson absent. Meeting adjourned at 8:15 P.M.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
RE:
Investigation of PCRB Complaint #05-03
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TO:
City Council
Complainant
Stephen Atkins, City Manager
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
FROM:
Police Citizens Review Board
DATE:
February 14, 2006
This is the Report of the Police Citizens Review Board's (the "Board") review of
the investigation of Complaint PCRB #05-03 (the "Complaint").
Board's ResDonsibilitv
Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job
is to review the Police Chiefs Report ("Report") of his investigation of a
complaint. The City Code requires the Board to apply a "reasonable basis"
standard of review to the Report and to "give deference" to the Report "because
of the Police Chiefs professional expertise" (Section 8-8-7B (2). While the City
Code directs the Board to make "findings of fact", it also requires that the Board
recommend that the Police Chief reverse or modify his findings only if these
findings are "unsupported by substantial evidence", are "unreasonable, arbitrary
or capricious" or are "contrary to a Police Department policy or practice or any
Federal, State or Local Law". Sections 8-8-7B (2) a, b, and c.
Board's Procedure
The Complaint was received at the Office of the City Clerk on 27 September 2005.
As required by Section 8-8-5 of the City Code, the Complaint was referred to the
Chief of Police for investigation.
The Chiefs Report Was due on 27 December 2005 and was filed with the City Clerk
on 21 December 2005.
The Board voted to review the Complaint in accordance with Section 8-8-78 (1) (a),
on the record with no additional investigation.
The Board met to consider the Report on 10 January and 14 Febnuary 2006.
FindinCls of Fact
The Complainant alleges "Improper Conduct" and "Differential Treatment" on the
part of an Officer of the Iowa City Police Department.
On 22 August 2005, Officer A was off-duty and in his personal vehicle, but was not
the driver. He observed a traffic violation by the Complainant, contacted the ICPO
by telephone, reported the violation, and requested citations be issued. The driver
of the Officer's car continued to follow the car being driven by the Complainant until
both vehicles pulled off the street, at a considerable distance from the alleged traffic
violation. Officer B arrived and began to question the Complainant. At this time the
versions of what happened are in dispute. The Complainant alleges that Officer A
got out of his personal vehicle and began to enter into the situation by accusing the
Complainant of untruths, using a loud tone of voice, and raising his arm in the
direction of the Complainant. Officer A agrees that he did leave his vehicle in order
to provide information about the alleged traffic offense. Officers A and B, and the
driver of Officer A's personal vehicle maintain that while Officer A did enter into the
situation, the gesture with the arm was only for emphasis, not done in a threatening
manner; Officers A and B agree the voice was not raised to an unusual pitch. The
Complainant further asserts that Officer A behaved in this improper manner
because ofthe race of the Complainant.
Officer B wrote two traffic citations for the Complainant, and the validity of these
citations are not in dispute by the Complainant.
Conclusion
The Police Citizens Review Board finds that there is no evidence to support the
complaint that Officers A or B behaved in an improper manner because of the
Complainant's race, which seems not to have been brought into the situation at all
at the time the citations were written.
The PCRB finds that the Complainant seems to have no complaint about Officer B,
except in allowing Officer A, in an off-duty status, to enter into the situation when
Officer B was gathering information preparatory to issuing traffic citations. The
main thrust of the complaints is against the behavior of Officer A. The Complainant
believes that Officer A should not have inserted himself into the situation.
However, the adopted policies of the ICPO Rules and Regulations (Section 345.14)
and the ICPD Policies and Procedures Manual (Leg-05-01 IV. C-2) do provide for
the off-duty conduct of officers, and it does not appear that the conclusions of the
Chief of Police's Report can be considered to be unsupported by substantial ~
evidence, nor that the findings are unreasonable, arbitrary or capricious, ~ )Qat ~
the findings are contrary to an ICPD policy or practice or any federal, stat~ocar.
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Complaint #05-03
Allegation # 1: "Improper Conduct" is not sustained.
Allegation # 2: "Differential Treatment" is not sustained.
Comment
The Police Citizens Review Board considered ICPD General Order Number 00-05,
"Off-Duty Conduct: Powers of Arrest"; ICPD General Order Number 99-07, ''Traffic'';
and ICPD General Order 01-01, "Racial Profiling" in coming to its conclusions.
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MINUTES
lOW A CITY BOARD OF ADJUSTMENT
FEBRUARY 8, 2006
EMMA J. HARV AT HALL-IOWA CITY, CITY HALL
P,e..-\ ;(Y\.~(\ClA' 1-
mJ
MEMBERS PRESENT: Carol Alexander (arrived at 5:04), Karen Leigh, Michelle
Shelangouski, Ned Wood, Michael Wright
MEMBERS ABSENT: NONE
STAFF PRESENT: Robert Miklo, Sarah Walz, Sarah Holecek
OTHERS PRESENT: Tim Terry
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:02 PM.
CONSIDERATION OF THE JANUARY 12.2005 BOARD MINUTES
Wright said there is a mistake on the second page of the minutes, fifth paragraph, instead of
Doub it should be Doug.
MOTION: Shelangouski moved to approve the minutes with the approved corrections.
Wood seconded the motion.
Motion passed with a 4:0 vote.
SPECIAL EXCEPTIONS:
EXC06-00001 Discussion of an application submitted by Willowwind School for a special
exception for a school of generalized instruction and a reduction of the rear setback from 50 feet
to 38 feet for property located in the High Density Single-Family Residential (RS-12) zone at
950 Dover Street.
Walz said that general educational uses are allowed in the RS-12 zone by special exception.
Walz said the building was originally constructed as a church and was later used as a Moose
Lodge. She stated that a portion of the building is currently rented by the Moose to Faith
Holiness Apostolic Church.
Walz said there are specific requirements in the code for general education facilities in that zone.
She noted that the proposed use must not have a significant adverse effect on the livability of the
adjacent residential uses. Walz stated that in the staffs view the proposed use will not have
significant adverse affects on the livability of nearby residential uses. She noted that Willowwind
School operates on a similar schedule to the Iowa City public schools. Walz said the transition to
an educational use will not result in any change to the building size or any expansion of the
parking lot as it has been established.
A second requirement is that vehicular access to the proposed use is limited to streets with a
width of minimum 28 feet. Walz said that vehicular access to the school will be along a collector
2
street, Dover, and an arterial, Muscatine, which both meet the minimum requirement of 28 feet
specified in the code. She noted that with the previous special exception for this property,
neighbors expressed some concern regarding the volume of traffic on Muscatine Avenue and the
limited visibility on Dover Street due to the curve north of the entrance to the property. Walz
said on-street parking has been restricted along Dover Street in order to maximize visibility at
this location. She said the existing traffic control at the Dover/ Muscatine intersection has been
evaluated by traffic engineers and has been determined to be appropriate.
Walz said that the proposed use must be designed to be compatible with adjacent uses. She
added that in 2000 the Board of Adjustment granted two special exceptions for the property to
allow the building to be used as a church and full-time daycare facility for approximately 35
children. Walz said that at the time these special exceptions were reviewed, neighborhood
residents expressed concern about the lack of sidewalks connecting Muscatine Avenue directly
to the property as well as traffic safety issues along Dover Street and Muscatine Avenue. She
noted that both special exceptions were granted subj ect to screening requirements for the parking
lot and construction of a sidewalk along the Dover Street right-of-way from Muscatine to the
property entrance. While a religious group has rented space in the building for the past five
years, the daycare center was never developed at this site and the required modifications were
never installed.
Walz said that it is also required that the use comply with the multi-family site development
standards. She noted that, according to the design standards, any portion of the parking lot that is
visible from Dover Street should be screened to the S2 standard. She said the screening between
the parking lot and neighboring yards is appropriate, but the screening in the front should be
brought to S2 standard as specified in the code. She added the parking lot may be required to
have some additional trees and landscaping to meet design review standards.
Walz said the minimum setback requirements are exceeded on all sides of the building with the
exception of the rear setback, which is approximately 40 feet, where a 50 foot setback is
required. She noted the setback requirements are intended to provide space in order to buffer
adjacent property from the more intensive use that such facilities generate. Walz said the new
zoning code requires that new structures intended for such uses provide off-street parking at the
rear, which is one of the reasons for the larger rear setback requirement. She said the parking on
the property is already established as a nonconforming accessory use in front of the principal
building. She added the back fayade of the building is blank, and Willowwind has indicated that
this portion of the property will be used only as an emergency exit and will not serve as a
designated play area for the students. Walz stated the topography of the site, combined with the
existing privacy fence along the property line provides an adequate buffer, screening these
properties from the additional noise and traffic generated by the school.
Walz noted that in addition to the specific standards required for a general education facility in
the RS-12 zone, there are general standards that are always applied when considering a special
exception.
The specific proposed exception will not be detrimental to or endanger the public healthy,
safety, comfort or general welfare. Walz said there is adequate vehicular access and parking
necessary to support the proposed use. She noted that subject to the applicant constructing a
direct sidewalk connection from the current sidewalk end, north of the property entrance, to
Muscatine A venue along the east side of Dover Street, staff finds that the proposed special
3
exception will not be detrimental to or endanger the public health, safety, comfort or general
welfare.
The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood. Walz said the change to an educational use with limited student
enrollment should have minimal effect on surrounding properties. She noted that the school
operates during the weekdays from 8AM to 5:30 PM, and thus traffic and noise generated by the
school will be limited. She added that existing screening along the rear of the lot and between the
parking lot and adjacent property should provide adequate buffer for the neighboring residential
uses. Walz said that the establishment oflandscape islands with trees within the parking lot and
additional landscape screening as spelled out in the multi-family site development standards will
minimize the visual effect of the large parking lot and bring the site closer to conformance.
Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone
in which such property is located. Walz said that the surrounding properties are already
developed, and the proposed exception will not impede the normal and orderly development and
improvement of the surrounding property.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Walz said that the vehicular access to the property via a collector and an arterial street
meets the requirements for educational uses established in the RS-12 zone. She noted the
construction of a sidewalk will ensure safe pedestrian access to the property. She stated that a
fire lane will need to be identified along the building to provide access for emergency vehicles.
Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets. Walz noted that on-street parking has been
restricted along Dover Street in order to maximize visibility at that location. She said the existing
traffic control at the Dover/ Muscatine intersection has been evaluated by traffic engineers and
has been determined to be appropriate.
Except for the specific regulations and standards applicable to the exception being
considered, the specific exception, in all other respects, conforms to the applicable
regulations or standards of the zone in which it is located. She noted that with the addition of
the sidewalk access to Muscatine, and appropriate screening of the parking lot, the property as it
exists is appropriate for this use. Walz said that the applicant is required to submit a site plan to
the building official for review and will be subject to all other requirements of the Zoning Code.
She added the site plan must meet the Construction and Design Standards for off-street parking,
including proposed traffic circulation on the site, designation of an emergency vehicle/fire lane
along the building, and parking layout and landscaping requirements.
The proposed use should be consistent with the Comprehensive Plan as amended. She noted
that the use of the property as a school complies with the intent of the Comprehensive Plan.
Walz said that staff recommends that EXC06-00001, an application for a special exception
allowing a general educational facility in the High Density Single-Family Residential (RS-12)
zone and a special exception allowing a reduction of the rear setback requirement for a general
educational facility in the RS-12 zone be granted subject to submittal of a site plan
------_..,._~._-----_.,--_..__.,-'-~._---'-_.._~-_._----_..._.__.._.__."_._------"~--
4
demonstrating sidewalk construction along the east side of Dover Street connecting the current
sidewalk to Muscatine; landscape screening along the front of the parking lot on Dover Street;
and a proposed parking layout, traffic circulation, and landscaping on the site, including
identification of a designated fire lane.
Public Hearing Opened
Tim Terry, president of the Willowwind Board, said that they are delighted to have the
opportunity to petition for this exception. He stated that the school will be an enhancement to the
neighborhood. He said that they are prepared to comply with all the requests ofthe City.
Public Hearing Closed
Wood said he is very supportive of school moving into neighborhoods. However, he said that his
concern relates to the traffic situation. He said that when the plan was initially made for the 35
children full-time day care facility there was some concern regarding traffic. Wood said that the
current plan is for twice as many students and the traffic issue will increase.
Walz said that the traffic engineers did not foresee any problem with the control on that street
intersection. She acknowledged that the area is a heavily traveled and that as the city grows and
public school enrollments grow, the traffic will continue to grow, even without the proposed
school. Traffic engineers will continue to monitor the intersection and are prepared to manage
any changes for traffic safety as needed.
MOTION: Wright moved that EXC06-00001, an application for a special exception
allowing a general educational facility in the High Density Single-Family Residential (RS-
12) zone and a special exception allowing a reduction of the rear setback requirement for a
general educational facility in the RS-12 zone be granted subject to submittal of a site plan
demonstrating sidewalk construction along the east side of Dover Street connecting the
current sidewalk to Muscatine; landscape screening along the front of the parking lot on
Dover Street; and a proposed parking layout, traffic circulation, and landscaping on the
site, including identification of a designated fire lane. Alexander seconded the motion.
Alexander will vote in favor. She said it does not appear that the proposed exception will have
significant adverse effects on the livability for the nearby residents. She added that the similar
schedule to the Iowa City schools will increase the traffic at the same time, but in relatively
confined times. The building has always been used for institutional purposes, and having a
school will not represent a big change. Alexander said that the sidewalk will help with the safety
concerns. She mentioned that the streets meet the minimum requirements of 28 feet width.
Alexander stated that the traffic engineers have evaluated the existing traffic control and decided
that it is appropriate. She said that there were some issues regarding the parking lot which can be
resolved by the use of landscape. Alexander said that in terms of the rear setback, the intent of
the code is being met. She stated that there is no evidence that the proposed exception will be
detrimental to or endanger the public health, safety, comfort or general welfare. She said that the
vehicular access is adequate and parking exists to support the use. She added that it will not be
injurious to the use and enjoyment of other properties, or substantially diminish or impair
property values. She said that the surrounding properties are already developed, so there should
be no issue regarding the development of the neighboring properties. Alexander said that the
utilities, drainage and access roads are appropriate.
5
Wright said that he will vote in favor of the application. He said that the specific standards are
met. He said there are several letters from surrounding residents that support the establishment of
the Wilowwind School at that location. He noted that the sidewalk issue will be addressed, and
vehicular access is appropriate to standards. He noted that the general standards are also met.
Wright said that a fire lane will be identified, and a site plan will be submitted for review.
Leigh will vote in favor for the reasons already stated.
Wood will vote in favor. He said that it will not be detrimental to or endanger the public health,
safety, comfort and general welfare subject to the construction of sidewalk. He said that it will
not be injurious to the use and enjoyment of properties in the immediate vicinity, particularly
with the establishment of landscape islands. He said that the utilities, access roads, drainage and
other facilities are provided, the egress and ingress are appropriate, and the use is consistent to
the comprehensive plan.
Shelangouski will vote in favor for the reasons already stated.
The motion passed with a 5:0 vote.
OTHER:
Leigh will not attend the March meeting.
Alexander said that the Board should agree on a communication method to notify Staff if they
are not able to attend a meeting. She said that she always comes to meetings unless she notifies
Miklo.
The Board decided that a 24 hour notice is preferred, and unless a board member sends notice of
a planned absence it should be expected that he/she will be in attendance.
ADJOURNMENT
The meeting adjourned at 5:35.
Minutes submitted by Bogdana Rus.
I
I
I Board of Adjustment
Attendance Record
2006
,
I
i
1
Term
Name Expires 01/11 02/08
I Karen Leieh 01/01/07 X X
I Carol Alexander 01/01/08 X X
Michael Wrieht 01/01/09 X X
Ned Wood 01/01/10 X X
I M. She1angouski 01/01/11 X X
I
, Key:
I X = Present
I
0 = Absent
I OlE = AbsentlExcused
NM = No Meeting
G[]
~ Iowa City
~Public Library
DRAFT
BOARD OF TRUSTEES
Minutes
5:00 pm - January 26, 2006
2nd Floor Board Room
David VanDusseldorp, President
Unzee McCray I Vice President
Thomas Dean
William Korf
Thomas Martin
Meredith Rich-Chappell
Pat Schnack, Secretary
Leon Spies
Tom Suter
Agenda item 3A
Members Present:
Thomas Dean, William Korf, Tom Martin, Linzee McCray, Meredith Rich-
Chappell, Pat Schnack, Leon Spies
Members Absent:
David VanDusseldorp, Tom Suter
Staff Present:
Barb Black, Maeve Clark, Susan Craig, Debb Green, Heidi Lauritzen, Kara
Logsden, Elyse Miller, Patty McCarthy, Hal Penick
Call Meeting to Order
McCray called the meeting to order at 5:00 pm.
Public Discussion
Mr. Ray Robinson asked that the Library designate specific areas where cell phones may/may not
be used.
Approval of Minutes
The minutes of the regular meeting of December 15, 2005 were approved after a motion made
by Korf and seconded by Rich-Chappell. Motion passed 7-0.
Unfinished Business
A. Leased Space Update/Approve lease for New York NY Deli:
The lease for the proposed upstairs tenant New York NY Deli is scheduled to be officially
approved at the 2/13/06 City Council meeting. This kind of proposal must have at least
two hearings at City Council before it comes to a vote. We believe New York NY Deli will
be subleasing part of the space. One council member wondered why we wouldn't lease
this directly. Craig explained that we would prefer one responsible party. We must
approve all subleases. The Board had no questions or concerns regarding the Deli lease.
-----------_.._--------_._--~-._--~----_...__._~-_..~-.---------_.,_.~---_._--
Agenda item 3A
Page No 2
Primus lease: Eric Goers, City attorney, is working on an agreement between Primus and
the City of Iowa City to cancel their lease. Primus, citing a change in corporate direction,
decided not to inhabit the space in the basement, even after bathrooms and other
improvements were made. Hanick does have a party interested in the basement. Any
official agreement will have to be approved by the City Council.
B. Extend agreement with realtor, Kevin Hanick.
The contract with our realtor, Kevin Hanick, will expire in February 2006. This contract
has been extended before. Schnack made a motion, which was seconded by Martin to
extend Hanick's contract for six months until August 2006. Motion passed 7-0.
C. FY07 Budget
The Citizen's Summary of the FY07 budget as prepared by the City Manager and sent to
Iowa City City Council was distributed. Budget meetings are underway; ICPL's meeting is
scheduled for 7: 15 pm on Monday night. In preparation for this meeting with City
Council, Craig asked how Board members wished to follow up on the two Library budget
items that were not recommended for FY07. Board members felt strongly that Council
hear that the expanded hours proposal was in response to the strategic plan, which is a
reflection of what the community wishes. The Board wanted Council to know that these
budget initiatives are a good value for the money. Additionally, it should be noted to
Council that the public would really like more hours than those proposed in our budget.
VanDusseldorp and Craig will present, but all Board members were encouraged to attend
the budget meeting.
Schnack would like the parking issue to be raised at the meeting on Monday night.
There is concern about the impact of an open Plaza Towers building on parking
availability in the Dubuque Street ramp. Craig will talk to VanDusseldorp about this. The
Library is monitoring and paying attention to this important issue.
There is good budget news: Craig states that the City of Iowa City budgeted for a higher
increase in healthcare costs than the provider says will be needed. Additionally, due to an
increase of 16% in property vaiues, if levies do not change, there will be additional tax
money. The City Council has policy decisions to make about these issues.
New Business
Review of Board Policy #802 - Confidentiality
This policy was reviewed. Dean was concerned that the new language made it sound like we
would be too compliant with federal requests. Others also questioned the new language. Spies
suggested looking at the Madison, Wisconsin Public Library policy. New policy language was
discussed. Craig suggested that we work on the policy language and bring revisions back to the
Board. Spies made a motion to table the item until next meeting, which was seconded by Dean.
Motion passed 7-0.
Review of Board Policy #704 - Use of Cardholder File
The Board reviewed policy on Use of Cardholder File. Spies made a motion to approve the policy
that was seconded by Rich-Chappell. Motion passed 7-0.
Spelling Bee Sponsorship
Trustee Spellers is the name of the ICPL Library Board spelling bee team, which is sponsored
from gift funds. Rich-Chappell made a motion to approve sponsoring the team, which was
seconded by Spies. Motion passed 7-0.
Agenda item 3A
Page No 3
FY06 Strategic Plan Report
The Board was impressed with many aspects of the strategic plan six-month update, including
the number and kinds of partnerships and the annual fund increase over last year. Schnack
would like to help Children's and Adult Services with some of the "tween" programming.
Staff Reports
DeDartmental ReDorts: Adult Services, Circulation, and Information Services
Adult Services report. There was discussion about community service volunteers. They are
typically court mandated and their associated job descriptions identify restrictions e.g., a person
who was convicted of stealing cannot work at The Book End because of the money component of
those jobs. Most community service volunteers are hardworking and capable. We have had
community service volunteers stay on as regular volunteers.
Korf asked about e-audio and when it will be available. We are still waiting for word from the
vendor.
Circulation Services report.
Hours during the recent holidays were discussed. Dean wondered if there was any interpretation
of the statistics about the Library closure on 12/25-26. It was noted that the Library does nearly
the equivalent of two days of business the day after the holidays and that patrons would likely
use the Library on 12/26. We received a few complaints about fines incurred due to reduced
hours on Saturday.
Foundation ReDort.
Ginsberg Jewelers is having an everything-must-go sale on Saturday from which the library will
benefit by one-third of the profits. It is hoped that a good turnout will help spark an annual event
that includes other businesses. Spies stated that other non-profit organizations are keeping an
eye on this event and its success. The Annual Fund has passed the $50,000 mark. Seventeen
teams have registered for Iowa City Spells on 2/7/06.
University Heiahts UDdate.
Craig spoke with the Mayor of University Heights today. She appointed a library committee,
consisting of two persons from University Heights Council and two persons from the community.
Minor revisions to the contract may come back to ICPL Board. Changes would need the approval
of Iowa City and Coralville Public Library Boards.
President's Report
The March Board of Trustees meeting has been set for March 30, 2006.
Announcements from Members
Schnack said that she saw Spies on NBC's Dateline. He discussed a high profile murder case in
which he was involved.
Committee Reports
Foundation Members
Martin reported that the Foundation Board met on Wednesday, 1/25. The Book End reports that
the facility is cleaner than it's ever been thanks to Michael Lensing, who generously donated a
cleaning service. The meeting focused on budget matters and fund raising activities, including
Agenda item 3A
Page No 4
the Building the Collection event that will be held in May at hotelVetro. After this event the
Board hopes to focus on some specific one-time purchases, such as Airpac.
Communications
None.
Quarterly Financial Reports
Second quarter receipts.
Second quarter expenditures.
Second quarter gifts and bequests.
Quarterly Use Reports
Six month output measures.
ICPL is the single busiest library building in the state in number of visitors and circulation.
Six-month circulation by area and agency.
Six-month circulation by type and format.
Modest decreases in circulation, typical after the grand opening year, were noted. The number of
reserves is up. As this is a staff-intensive service, self-check helps by giving staff time to handle
more reserves. Internet usage is also up.
Disbursements
Visa Expenditures for December, 2005 were reviewed.
Disbursements for December 2005 were approved after a motion by KOrf and seconded by Spies.
Approved 7-0.
Set Agenda Order for February Meeting
Policy reviews:
Confidentiality policy
Discussion rooms
Setting hours
Nominating committee appointed
Cell phone use (review current policy)
Adjournment
The meeting was adjourned at 6:14 pm.
Respectfully submitted,
Elyse Miller
Board or Commission: ICPL Board of Trustees
ATTENDANCE RECORD
CALENDAR YEAR 2006
I
I
~ Meeting Date
i
I Name Term 1/26/06 2/23/06 3/30/06 4/27/06 5/25/06 6/22/06 7/27/06 8/24/06 9/28/06 10/26/06 11/16/06 12/28/05
I ~xp. .. _......... m........_.._......... .c. ....
Thomas Dean 7/01/09 X
I
Bill Korf 7/01/09
I X
I
I
I Tom Marlin X
I
Linzee McCray
I 7/01/09 X
I Meredilh X
I Rich.Chaooel
I Pal Schnack 7/01/07 X
i
I Leon Spies X
i
I Tom Suter 7/01/07 0
I
! Dave
VanDusseldoro 7/01/07 OlE
KEY: X = Present
0 = Absent
OlE = Absent/Excused
NM = No meeting
--- = Not a Member
IJE[J
MINUTES
HISTORIC PRESERVATION COMMISSION
THURSDAY, FEBRUARY 9,2006
LOBBY CONFERENCE ROOM
PRELIMINARY
MEMBERS PRESENT:
Michael Brennan, Richard Carlson, James Enloe, Michael Gunn,
Michael Maharry, Mark McCallum, Justin Pardekooper, Jim Ponto,
Tim Weitzel
MEMBERS ABSENT:
Jan Weissmiller
STAFF PRESENT:
Sunil Terdalkar
OTHERS PRESENT:
Brad Eldeen, Brenna Eldeen, Shelley McCafferty
CALL TO ORDER:
Chairperson Weitzel called the meeting to order at 6:02 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ITEMS FOR CONSIDERATION:
Certificate of Appropriateness:
1201 Sevmour Avenue. Terdalkar said that this is the second application for a project at this
address. He added that this property is a contributing structure in the Longfellow Historic
District. Terdalkar said this application is for a two-story addition at the back of the property, with
the approximate footprint size of 26 feet by 24 feet.
McCafferty said the owners and the builder's representative were present at the meeting. She
said this is an application for an addition, as well as some modification to windows on the west
side of the existing house. McCafferty said that the back of the house has been changed from
the original; the dormer was added and patio doors were added, so that there are not really any
significant features on the back of the house at this time. She said the owners want to expand
toward the south with an addition to give additional bedrooms, a larger kitchen, and a sun porch.
McCafferty said that because of interior remodeling and reconfiguration of the rooms, the
owners would want to change the windows on the west side of the original house. She said that
the bathroom window would be moved further to the south, and the owners would like to install
taller casements on the master bedroom for privacy reasons and for flexibility with the spacing
of their furniture.
McCafferty pointed out that also on that side are currently two double-hungs at the attic level
that do not meet egress requirements. She said the owners would like to replace them with
casement windows designed to look like double-hungs. She said double-hung windows meeting
egress on the upper story would be so large that they would be out of scale with the house.
McCafferty said that on the back side of the house, there is a little room at the end of the gable
where the owners would like to install a circular window in the end of the gable. She said that it
is not really typical for a Tudor revival house, but the neighboring house has a round window in
Page 2
the gable end, so that there is a precedent for the round window. McCafferty said there is also a
round window in the arched door. Weitzel said that there is a round window in the house at 415
Clark Street, the house on Seymour Avenue, and in some houses in Manville Heights.
McCafferty said that the materials would comply with the guidelines. She said that either fiber
cement board or cedar shingles would be used for the siding. McCafferty said there would be
wood window and door trim to match the existing, and the metal clad double hung windows with
muntin bars on the exterior. She said that the foundation is concrete, so there will be no issue
with matching brick or stone.
Maharry asked about the reasoning for the size of the windows on the south elevation
compared to the windows on the rest of the house. McCafferty said the owners wanted more
light into that area, so she added a transom, while continuing the line of the window head
around, but adding the transom on top to keep the horizontal consistency. She added that
transoms are not uncommon in this style of house. McCafferty said that on the east side, there
will be high casements for the dining area, which is common in this style of house.
Maharry asked if the Commission had reviewed a lot of certificates for owner-occupied
structures in which the application proposed to change out windows for egress. McCafferty said
that egress is only required on an owner-occupied house for a remodel, in which case the owner
would have to bring the house up to Code, while rental properties have to meet the rental code
so that windows have to be changed out as rental permits expire.
McCafferty said that the egress requirements just apply to bedrooms, and there is only one
bedroom on the first floor. Maharry asked if it is required for this house to change out the
windows on the second floor. McCafferty responded that the windows would have to be
changed out to meet egress. She said that they were probably installed in the 1980s.
McCafferty said the upstairs is basically one big open space right now. She said that putting a
bedroom on the one end of the second story would require egress.
Maharry asked if the windows on the front roughly match the dimensions on the back.
McCafferty confirmed this, saying they are all very similar.
McCafferty stated that the pitch of the roof on the addition would match that of the main part of
the house. She said that the dormers themselves are pushed back from the end wall to express
the gable a little more strongly. McCafferty said that there are no corner boards, so the same
treatment will be used on the addition.
Weitzel said that it is important to have the motions reflect the wording of the certificates of
appropriateness as a matter of due process.
MOTION: Enloe moved to approve a certificate of appropriateness for the project at 1201
Seymour, as per the discussion to follow. Gunn seconded the motion.
Maharry asked if a handrail was required down from the stairs to the patio. McCafferty said the
stairs and the lading are less than 30 inches.
Carlson said his question as aiways with these enormous additions is whether the Commission
has any say over the size of the addition. He stated that something that basically doubles the
footprint of the house does not strike him as something that would meet the Secretary of the
Interior Standards. Weitzel stated that the Secretary of the Interior Standards say that an
Page 3
addition has to be within scale, match the mass, and be subservient to the original part of the
building. He said that is pretty vague, and precedent-wise, there has been little that the
Commission has ever done to stop an addition that didn't go all the way to the back lot line.
Carlson said that when the guidelines were developed, there was some discussion with the City
Attorney about whether or not the Commission could limit the size of the addition. Gunn said the
Commission tried to write language allowing a limitation on the number of square feet that could
be added relative to the size of the original property to control the scale of the addition. He said
the Legal Department said the Commission could not enact such a limitation, as it is too strong
a violation of property rights. Gunn said the Commission could control the streetscape and the
appearance from the street. He said that since the Commission could not compel a square
footage limitation, it ended up doing the best it could architecturally.
McCallum said that underlying zoning does limit the size of a house to a percentage of the lot
size. Gunn said the Commission ended up with limitations having to do with the square footage
of the front fac;:ade. He said they were an alternative to no control on the size of the addition.
Weitzel stated that the general prevalence of opinion in town is that people want to be able to
add on to their houses and don't want to be told what size the addition should be. He said that
one of the final statements of the due process pamphlet is that the Commission's decision has
to be a supportable decision by the community in which it exists. Enloe said that even if the
Commission cannot have a specific square foot limitation, it still can address the issue of scale.
McCafferty read from the Guidelines for Additions under Design, ".. .cannot diminish the
character of the historic structure.. . preserve significant historic materials and features,
decorative windows, brackets, trim, porches.. .design the addition so that it does not diminish
the character of the historic structure.. .distinguishing between the historic structure and the new
addition...matching key horizontal Iines...materials similar...placing the addition at the rear of
the property.. .setting back from the sidewalls at least 18 inches..." She said that the addition in
this case would be set back 24 inches, and she thought the addition met all of the criteria.
Enloe agreed with Carlson that he is a little concerned with the 32-foot length of the addition
behind a house that is 28 feet long, and it at least raises the issue of scale. Enloe agreed that it
met the other criteria. He said it is the screened porch that makes the addition so long.
McCafferty stated that the screened porch is used to align the roof with the character of the
front. Weitzel said that it does actually break up the fac;:ade there and makes it look smaller.
Maharry agreed that if it is broken up, it still appears large, but the shingles don't continue all the
way to the back of the built structure. He asked if there are any dimensions that could be cut
back.
McCafferty said that cutting back the dimensions would de-emphasize the gable, because the
dormers would not be set back as far from the front of the house. She said that the scale of that
wall will then appear to be larger.
Enloe said the transparency of the screened porch does lessen some of his worries about the
overall length of the addition. Gunn said the scale looks the most bothersome in plan. Ponto
said he feels that to someone going down the street or sidewalk, this will not significantly
change the feel of the neighborhood.
Page 4
McCafferty stated that the on the west side of the lot is a long garage and retaining wall so that
one has no view from the sidewalk to the west. She said that the house to the east has also had
an addition to the back so that it has also been elongated. McCafferty said that one would sense
very little of this addition from the neighborhood.
Enloe said that because it is set back and is semi-transparent at the back, he would not raise an
objection to the size of the addition. He said, however, that the other thing that concerns him is
the removal of the casement windows in the master bedroom, which would be part of the
streetscape and the removal of which would change the aspect of the historic part of the house.
McCafferty said the windows were being changed for functional design to add flexibility to the
room. She said there is also a privacy issue that the higher windows resolve. McCafferty said
that if there is enough concern, she could work on an alternative to that.
Weitzel agreed that that the replacement windows would be altering a historic part of the house.
He said the Commission would need to evaluate the impact of that on the house and the
neighborhood. Weitzel said that it is difficult to see the back two windows from anywhere except
for perhaps one angle as one walks down the sidewalk.
Enloe said that for potentially allowing a pretty massive addition to the house, he feels it is
important to maintain the historic character of the front part of the house. Ponto said he had no
problem with putting in a window for the new bathroom where the owners propose to move the
small window. Enloe said he would not have a problem with moving the bathroom window
either.
McCafferty showed a sketch of the owners' alternative proposal, which would rearrange the
windows that are there and put two windows in the bed room leaving enough space to arrange
the interiors. Enloe said he thought that would be more appropriate. McCafferty said the
windows would have the same feel as what is there now but would just have a different
arrangement, with one on either side of the bed. The owners said that would be acceptable to
them.
AMENDMENT TO THE MAIN MOTION: Enloe moved to approve a certificate of
appropriateness for the proposal for 1201 Seymour Avenue with a revised drawing for
the arrangement of windows on the west elevation of the master bedroom. Gunn
seconded the amendment.
Carlson said he is still troubled by the size. He said that reading Section 5.1 of the Guidelines
refers to not diminishing the character of the structure. Carlson said that part of the character of
this house and other houses like it is that it is small. He said that doubling the size is not in
keeping with the historic character. Carlson said he is not opposed to an addition to this house
but is opposed to an addition of this size to this house.
The motion carried on a vote of 8-1. with Carlson votinq no.
Minutes for January 19. 2005.
Carlson said that on page six of the minutes in the last paragraph, the words "demolition of the"
should be added after the words". ..size and the..." He said that on page seven, in the last full
paragraph, the word "oriole" should be changed to "oriel."
Page 5
Weitzel said that on page three, in the fifth paragraph, last sentence, the word "some" should be
inserted between the words "that" and "things."
Maharry said that on page two, in the ninth paragraph, the sentence should be completed with
".. .felt it was important to include this fact for her consideration when Svendsen redoes the
Preservation Plan."
MOTION: Carlson moved to approve the January 19, 2006 minutes of the Historic Preservation
Commission meeting, as amended. McCallum seconded the motion. The motion carried on a
vote of 9-0.
OTHER:
Discussion of Annual Historic Preservation Awards.
Maharry said the nominations are currently open, but there is a March 151h deadline. He said
that nominations should be submitted to Helen Burford. Weitzel added that Burford asked the
Commission to go through its minutes from last year and see what it liked of those items that
had been approved. Terdalkar said that he had images of all but one or two properties. He
added that the announcement for the awards has been posted on the website.
Maharry said that one important qualification for an award is that the work needs to be
completed. Terdalkar said he should be able to check that through the permit process.
Maharry said he did not think there would be as many painting nominations because of the
condensed time period for these nominations - from August through spring. He asked Terdalkar
if he could put the nominated properties roughly into the categories. Terdalkar said he could put
them into the categories of additions, alterations, and new construction.
Terdalkar asked if there were any proposals/suggestions for the Margaret Nowysz award.
Maharry suggested that McCafferty be considered as a recipient.
Maharry asked, since the awards presentation might be fairly short this year, if anyone had
suggestions for other items for the program. He said that possibilities include having someone
speak to commemorate the 150lh anniversary of Old Brick and/or someone to speak to
commemorate the reopening of the Old Capitol.
. Maharry suggested having a list for consideration at the next meeting. He said that in the past
there have been about 20 total awards, but a lot of those have been for painting. Terdalkar
suggested that the subcommittee and Friends of Historic Preservation review the list of
possibilities. Weitzel said that he, Maharry, and McCallum were previously on the
subcommittee.
Terdalkar said that the terms of four Commission members would be expiring soon: one at-large
position and three district positions.
The Commission discussed two houses, both on Clinton Street. Maharry said that the brick
Italianate at 335 South Clinton is for sale, and if someone wanted to buy it, the new owner could
demolish it. He suggested that there could be some historic aspect to the building or to
someone who lived or worked in the building.
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Page 6
Weitzel said that the owner of the brick building at 530 North Clinton wants to raze it and
construct a new building on that lot. Weitzel said that the owner of 530 South Clinton is willing to
let it be moved. The Commission looked for empty lots in the vicinity to which the house could
be moved and discussed the expense of moving such a house. McCallum said that it may be
difficult to move a brick building. Weitzel stated that it would be worth looking into.
ADJOURNMENT:
The meeting was adjourned at 7:16 p.m.
Minutes submitted by Anne Schulte
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Historic Preservation Commission
Attendance Record
2006
Term
Name Expires 1/19 2/9
M. Brennan 3/29108 X X
R. Carlson 3/29107 X X
J. Enloe 3/29/06 X X
M.Gunn 3/29/07 X X
M. Maharry 3/29/08 X X
M. McCallum 3/29/06 X X
J. Pardekooper 3/29/07 X X
J. Ponto 3/29/07 X X
J. Weissmiller 3/29/06 0 0
T. Weitzel 3/29/08 X X
Key:
X = Present
0 = Absent
OlE = Absent/Excused
NM = No Meeting
-- -- = Not a Member
MINUTES
IOWA CITY PUBLIC ART ADVISORY COMMITTEE
THURSDAY, FEBRUARY 2,2006,3:30 P.M.
LOBBY CONFERENCE ROOM, CITY HALL
PRELIMINARY
U[J
Members Present:
Emily Carter-Walsh, Charles Felling, Rick Fosse, Mark Seabold, Terry Trueblood, DeLayne
Williamson
Members Absent:
Emily Martin
Staff Present:
Karin Franklin, Marcia Klingaman
Others Present:
John Coyne, Joan Walker
Call to Order
Seabold called the meeting to order at 3:35 p.m.
RECOMMENDATION TO THE CITY COUNCIL:
Bya vote of 6-0, the committee recommended John Coyne's proposal for the Wetherby Park Project.
Bya vote of 6-0, the committee accepted the Melrose Neighborhood Art project proposal.
Public discussion of any item not on the aaenda
There was no discussion.
Consideration of the Minutes of the Januarv 5. 2006 Meetina Minutes
Felling asked whether the meaning of the term "schedule 80" in reference to the pipe strength should be explained.
Franklin suggested adding a parenthetical statement to explain it in more detail after the first sentence where it is
referenced.
MOTION: Trueblood moved to accept the minutes as amended. Fosse seconded. The motion passed on a vote of 6-0.
Neiahborhood Art Proiects
Wetherby Friends and Neighbors - recommendation to Council
Klingaman introduced John Coyne, who was attending to present his proposal to the committee. She reported the
neighborhood association put out a call for the project and received three proposals. The association members met twice
to discuss the proposals, then met with Coyne. They decided to proceed with his project. The proposal has also already
been discussed with Trueblood and Terry Robinson regarding the impiementation logistics.
Coyne said the first page of the proposal details the practical aspects of the proposal. The weathervane shown on page
two is a silhouette of Wetherby the photographer documenting the parkland. It is a functional weathervane. Klingaman
added that the neighborhood association asked for proposals that included a weathervane that referenced the historical
aspects of the neighborhood, while the railing reflected the diversity of the neighborhood.
Franklin asked how tall the weathervane would be, whether there had been discussion about making it taller. Coyne said
yes; Klingaman, Trueblood, Robinson, and he visited the park with foam board cutouts of the silhouette in both 24-inch
and 36-inch sizes. Coyne went to the top of the shelter and held up both sizes, and the group decided the 36-inch figure
was more visible while not overshadowing the cupola. Franklin asked if the lengths of the directional arrows would also
change. Coyne said he does not plan to change them, but may decide differently when modeling the piece. Franklin said
she is mainly concerned with whether the silhouette is large and visible enough.
Coyne said the railings would be welded steel, and the current wooden supports on the shelter would be removed and
also replaced with steel. The rails would be welded and bolted to the supports. Fosse pointed out that since the floor of
the sheiter is iess than 30 inches above grade, the building code requirement for the four-inch spacing might be more
lenient. Franklin said there is also concern about children putting their heads through the posts and hurting themselves.
Fosse said that is mainly a concern if the drop off is higher. He recommended Coyne investigate it to make sure.
Fosse added an advantage to the current design is that there might be prefabricated steel posts available. Seabold said
42 inches is a guardrail height. However, the railing could be as high or iow as needed in the design, as long as the
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Iowa City Public Art Advisory Committee Minutes
February 2, 2006
Page 2
platform is iess than 30 inches above the grade. Coyne asked for confirmation that Seabold said the 42-inch height for the
railing is flexible. Seabold said yes. Fosse noted that if Coyne is satisfied with the look of the prefabricated steel posts at
the standard sizes, going that route might be the lowest in cost. He said he is pretty sure prefabricated railings are
available.
Carter-Walsh asked if the rail posts would be cut out around the globes, or if they would go through them. Coyne said the
rails would continue through the pieces. The cast aluminum pieces would have boits counter sunk into them, and the
backs of the rails would have brackets to hold the two together with bolts. Carter-Walsh asked for confirmation that the
globes are designed to be viewed from outside the sheiter. Coyne said yes.
Coyne said he thinks the globes should match the height of the weathervane, so they would be close to three feet in
diameter. Franklin noted that a 42-inch height on the railing might then be necessary to accommodate them. Coyne said
also that the globes would have green and blue patination, refiecting land and sea. The railings would be painted to
match, and the upright supports might also be painted. The surfaces of the giobes would be clear-coated to protect
against graffiti. He said a newer coating has become more widely available that allows paint and other materials to be
removed using a citrus-based solvent, without also removing the coating. That coating is advertised as lasting 20 years.
Coyne added that the drawing he provided did not explicitly show the railings on the back of the shelter. The rails there
will be longer, and therefore would need support added to their bottoms. All of the rails would be bolted to L-brackets that
had been welded to the upright supports. With this construction, individuals would need to employ heavy equipment to
damage or dismantle the railings.
Coyne said the weathervane would be cast aluminum treated to have an antique look. The figure would be mounted on an
encased bearings spool to help it spin easily, as weil as hold up to weather and wear and tear. Felling asked for
ciarification on the attachment of the weathervane. Coyne said it would be bolted; everything in the piece would be
mechanically attached.
Franklin asked if this project could be done within budget, $15K. Carter-Walsh asked if aluminum is less expensive than
bronze. Coyne said not necessarily, but it is easier to cast and lighter in weight. He added that the plans for the rails are
not fancy, but he sees them simply as a showcase for the globes. He said he has spoken to Hawkeye Weld about the
project, assuming the railings would need to be fabricated. Their estimate was reasonable, and using fabricated rails
should reduce the cost. Fosse suggested contacting D&N Fence and other similar companies about railings, and to make
sure to specify commercial grade, rather than backyard grade.
Klingaman said a recommendation is needed at this point to approve the project.
MOTION: Carter-Walsh moved to recommend John Coyne's proposal for the Wetherby Park Project to the City Council.
Felling seconded, and the motion passed on a vote of 6-0.
Klingaman said she is in discussion with Hani Eikadi about painting the ceiling of the shelter, and she would update the
committee as that progressed. He believes donations can be raised to cover the costs related to the project. It probably
will not be painted in its entirety. The lower area is divided into two sections that would be painted in one style, and the
higher section would be painted in a sky and cloud motif. Carter-Walsh asked if he would be doing the painting.
Klingaman said no, he pians to have students do it.
John Coyne left at this point, 3:55 p.m.
Melrose Neighborhood Association
Walker said she was there just to give the committee an update on the progress of the Melrose project. The project was
approved a year before by the Neighborhood Association, and while much work had been done with the plans, not as
much progress had been made as she had originally hoped.
Walker distributed a detailed report to the committee members, outlining the progress made to this point. In February
2005 the neighborhood association decided to proceed with historical markers similar to the ones created for the
Longfellow neighborhood. The markers would be created by the same artist, Will Thompson, and were originally quoted at
$935 each, installed.
Walker said in August 2005, the association voted to adopt a design from a window at the Melrose Abbey in Scotland as a
symbol for the neighborhood. This symbol would be put on all the markers under the top arch, resulting in a small price
Iowa City Public Art Advisory Committee Minutes
February 2, 2006
Page 3
increase for fabricating the design. The increased price is currently unknown. It would be an addition to the overall price of
the project, and might increase the price of the markers themselves.
Walker said the plan was originally to place the markers near Melrose Avenue in the brick between the sidewalk and the
street. However, city engineer Ron Knoche expressed concern with that placement being too close to the street. Since
then, additional signage has been put up to direct traffic flow along the street, so placing the markers in the brick area
would be cluttered. Instead, the plan is now to place the markers on the other side of the sidewalk closer to the properties.
She received a map from Ron Knoche showing the rights-of-way and utilities in the neighborhood. The map will be used
to determine the locations of the markers, which have not been decided yet.
Walker said a tentative list of topics for the text on the markers has been created, and questions about the markers'
durability were raised at a neighborhood association meeting in August 2005. Ron Knoche was consulted, and he said the
markers would not need a breakaway at their bases since they will be placed farther away from the street, which would
increase their durability. After some discussion with involved parties, it was decided the markers should be durable
enough to withstand vandalism, and the decision was made to continue forward with the project. The next steps are to
write up and edit the text for the signs, determine the number of markers needed, decide on their locations, and get
permission to place them there. Walker noted these steps will all take a long time.
Franklin asked if the committee would like to endorse the project as currently proposed. That way when the numbers are
set, city staff could proceed with the contract and take it to council, provided it stayed within budget. The plans would go
forward without having to meet again for future approval.
Carter-Walsh said the committee did not have to approve the sign content for the Longfellow project. Felling said the
subjects for the Longfellow signs were determined by their locations. Carter-Walsh asked how many markers Longfellow
had. Klingaman said there are seven signs for Longfellow, six of which are double sided. Walker said the plan is for the
markers to be double-sided with different information on each side.
Seabold said that as long as the project is within budget, he is fine with allowing it to move forward.
MOTION: Fosse moved to accept the Melrose project as proposed. Felling seconded, and the motion passed on a vote of
6-0.
Walker thanked the committee and left at that point, 4:15 p.m.
Update on Sculptors Showcases
Klingaman reported that the call for proposals for the down town showcase went out, but no responses were received by
the deadline date. She plans to make some calls to make sure artists received the call, encourage participation, and she
might expand promotion. Franklin added that the same people received it as in the past two years, which might be a
factor.
Klingaman said pushing the call and submission dates back would make things tight for a June installation in time for Arts
Festival. She asked that if any committee members have information on new or upcoming sculptors, to please pass that
information to her. She hopes to have some submissions for the March meeting.
Klingaman said the call for the peninsula park showcase project has not proceeded as quickly as planned. She hopes to
stagger installation dates for the two showcases, so the peninsula might be installed in July or August. That might also
encourage student participation, since they would have the summer months to work on it. She added that the pad has
been poured, and hopes to have more news at the next meeting.
Committee time/Other business
Franklin distributed copies of a report listing all Public Art projects and their costs, and a proposal submitted by a member
of council to reallocate half of the Public Art budget to Summer of the Arts (SOTA). The proposal also called for two
percent of the Public Art budget to be reserved for maintenance, restoration, and other similar costs, as well as for a tour
map of the pieces be developed. She noted the committee had already expressed interest in the map idea.
Franklin said the only information she had was that the proposal was distributed to the council, and that the council would
be discussing budget at a meeting that evening. Also, a public hearing to discuss the budget is scheduled for February 28.
She said the public hearing might be a forum for members of the committee to comment on the proposal, if it gains
support in the council.
Iowa City Public Art Advisory Committee Minutes
February 2, 2006
Page 4
Carter-Walsh asked for clarification on point number one of the proposal. Franklin said SOTA requested an increase in
the city's funding to $50K for the next three years, with a reduction after that. The city currently contributes $18K to all
summer arts activities that now exist under the SOT A umbrella.
Seabold asked for clarification of what the SOTA activities are. Franklin said several entities recently joined together,
including Arts Festivai, Jazz Festival, Friday Night Concerts, and the outdoor movies. The effort to join the activities was
done to economize on administration, marketing, and fund raising.
Seabold asked for confirmation that the proposal intended to fund the extra money SOTA had requested. He suggested
there might be an event or component that the committee can help with. Franklin noted the proposal was not made by
SOTA, or at all generated by that organization. She added that the council has not committed any money to them yet.
Seabold asked for confirmation that the Public Art committee routinely spends their whole available budget. Franklin said
yes, that is reflected in the report she distributed. She said the council has not yet committed the money for all of the
public art projects that are in process, but the committee has submitted them for approval. Seabold said it seems like the
committee has good momentum, and the money is being spent for projects allover the city, rather than concentrating in
certain areas. The program is benefiting the whole community.
Franklin cautioned against an "us versus them" approach. She added that more would be known after the council
meeting, whether or not the proposal gained any support. Carter-Walsh asked if Franklin could email the committee
members to let them know the results of the budget discussion that evening.
Seabold said he thought it would be worthwhile to have the committee present the progress and projects that have been
accomplished recently, and their effects. Franklin said a collage of pictures of art pieces the city had acquired was
included during a presentation of capital projects. At that time, the mayor suggested putting a similar collage of images of
public art pieces on the home page of the city website.
Trueblood said the numbers only reflect what the committee has been able to accomplish within their current budget.
They do not show what the committee would like to do if more money was available. The proposal targets what is
probably the smallest budget, which has already been cut in half. For example, consider the Iowa Avenue Literary Walk,
which with the current budget would involve several years' worth of money. Franklin noted when the Literary Walk was
proposed, the committee budget was $100K. Also, that project was proposed because it coincided with a major public
works project. it was a matter of opportunity. Something of that scale would not happen now, or the project would have
been much smaller.
Franklin said she would send an em ail update on the outcome of the proposal at the council meeting. She suggested
Seabold make a statement at the public hearing as well. Carter-Walsh volunteered to take pictures of art pieces, if
needed, for the web page image collage. Klingaman said she does not have pictures of the Steel Garde. Seabold
suggested taking pictures of the tiies in the new transportation center.
Klingaman reported "Birds in Flight" has been changed slightly. Seabold said an engineer calculated that a schedule 80
pipe would not stand up ina wind storm, so it was changed to schedule 83. Carter-Walsh asked if 83 is larger, or if it
would look similar. Seabold said yes, slightly larger, but not enough to affect the look of the piece. Klingaman said she
asked the artist if the change was agreeable, and the artist said that would be fine.
Franklin asked if the poles were going to be placed in concrete. Klingaman said yes. Franklin asked if there was concern
with the water or the plantings along the way. Fosse said there is a plastic tile along the course that would need to be
avoided. There is an as-built map of its location. Klingaman said the installation is scheduled for July 1.
Klingaman said Mitchell, the sculptor of "Just for Kicks", visited the soccer park and chose a site for the sculpture that is
agreeable to park staff. It would be placed at the southeast corner of the green by the parking lot, not in the median but in
the greenway. Seaboid said the thought was children could see it up close without having to run across the parking lot.
Klingaman reported Poetry in Public submissions are due February 3. The program is gaining popularity, and there are a
large number of submissions already. There has been an effort to encourage participation in the junior high and high
schools, and more submissions are also coming from the general public.
Trueblood said money is budgeted in the next two years for park shelter replacements. He suggested that the committee
consider incorporating art into the new shelters. Klingaman said she would pass that information to some neighborhoods
that have expressed interest in participating in art projects.
Iowa City Public Art Advisory Committee Minutes
February 2, 2006
page 5
Adjournment
There being no further business to come before the committee, Fosse moved to adjourn, Carter-Walsh seconded and the
meeting adjourned at 4:45 p,m,
I
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Public Art Advisory Committee
! Attendance Record
I 2006
i
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I Term
I Name Expires 1/05 2/2
I Emily Carter Walsh 01/01/08 OlE X
1
I Charles Felline: 01/01106 X X
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, James Hemsley 01/01/06 X X
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i Emily Martin 01/01/08 X OlE
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, Mark Seabold 01/01/07 X X
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I Rick Fosse X X
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i Terry Trueblood X X
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I
I 0 = Absent
I OlE = Absent/Excused
I
NM = No Meeting
I
I CW = Cancelled due to Weather
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