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CITY OE IOWA CITY
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June 18, 2019
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Board of Adjustment: April 10
Item Number: 5.a.
MINUTES APPROVED
BOARD OF ADJUSTMENT
APRIL 10, 2019 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ernie Cox, Connie Goeb, Ryan Hall, Zephan Hazell, Amy
Pretorius
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Jessica Lile
OTHERS PRESENT: Doug Fern, Dan Broffitt
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
Goeb took roll call.
SPECIAL EXCEPTION ITEM EXC18-00008:
An application submitted by Linda Annis for a special exception to allow for a buildable, non-
conforming lot in the Low Density Single -Family (RS -5) zone single-family zone located
between 409 & 415 Kimball Road in order to build a single family home.
Lile noted this application has been withdrawn.
SPECIAL EXCEPTION ITEM EXC19-01:
An application submitted by Faith Academy for a special exception to allow for an expansion of
a school operating under a previously granted special exception in a Community Commercial
(CC -2) zone located at 1030 Cross Park Avenue.
Lile began the staff report with an aerial view of the building. The zoning map shows the
property is in the CC -2 zone. The proposed expansion would be on the south side of the
building facing the residential areas. In 2013, Faith Academy was granted a special exception
to allow for a General Education Facility in a Community Commercial (CC -2) zone at 1030
Cross Park Avenue to serve 25 kindergarten and 1St grade students. In 2014, Faith Academy
applied for and was granted a special exception to expand the size of the school and add more
children. This was approved with two conditions, one was completion of a sidewalk connection
from the east side of the playground to the school entrance and secondly an enrollment of more
than 105 students or an addition of more than 500 square feet of floor area would be considered
an expansion of the use and would require a new special exception. Lile noted that in 2014
Board of Adjustment
April 10, 2019
Page 2 of 6
they also added an entrance, a west entrance, for van loading and unloading and the east
entrance for parent drop-off and pick-up. In 2016 Parkview Church began a satellite church at
the location as their third location, they were parking on the south side of the building and using
the school entrance and using the gym as a worship place. In November 2018 Parkview
Church purchased the entire building space north of the school that previously housed Stuff
Etc., along with other retailers and the Iowa City Police Department Substation, and plans to
expand Parkview Church into the former Stuff Etc., space.
The proposed request is to expand the square footage of the school from just under 14,000
square feet to just over 15,000 square feet. The special exception is just for the school use
because CC -2 zones permit religious institutions by right. The school does not have any plans
to expand the number of students and are currently at 88 for this school year, the new space will
be a combination of church and school space. The school would continue to use the south
parking lot and entrance and the church will use the north parking lot and entrance. The total
expansion is 27,500 square feet and the school expansion is proposed to include larger
classrooms, school offices, restrooms and a library. The common shared area is proposed to
include a kitchen, more restrooms, and a common room to be used by the school as a lunch
room.
Lile noted the Board of Adjustment is charged with approving with conditions or denying the
application based on what is presented, and to be approved the Board must find the application
meets all the applicable standards and criteria. With regards to the specific standards/criteria:
1. The use will be functionally compatible with surrounding uses and will not inhibit retail and
service uses for which the zone is primarily intended. The board may consider such factors
as site layout, size and scale of the development, and traffic circulation. Lile stated the
building is over 58,000 square feet and 15,100 of that would be Faith Academy, 5,200 would
be for Parkview Church, and 7,200 would be shared common space and then almost 31,000
would be remaining retail space. The only change from retail is using the previous Stuff Etc.
building for the school and church extension. The school entrance is located to the south
side of the building and away from the commercial area and the parking area for student
pick-up and drop-off would remain the same as will the hours of operation.
2. The use must provide a drop off/pick up area in a location that is convenient to, or has good
pedestrian access to, the entrance to the facility. The drop off/pick up area must contain
sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into
adjacent streets or other public rights of way. Lile noted that about half the students are
currently transported to and from school by the school van and are loaded and unloaded at
the western entrance while individual drop-offs use the eastern entrance. This area is a
one-way alley that can hold 12-15 vehicles at a time and they have a safety coordinator both
before and after school to make sure children are safe. Lile added this is also a low traffic
area as it faces residential.
3. The site must be designed to promote safe and convenient pedestrian, bicycle, and
vehicular circulation to the school according to the standards set forth in subsection 14- 2C -
6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title. Pedestrian walkways must
be established connecting the main entrance(s) of the school to adjacent public sidewalks
and trails. Lile stated that currently about 6-8 children walk to and from school. There are
sidewalks on both sides of the play area that connect the entrance of the school to Cross
Park Avenue and there is also adequate bicycle parking.
Board of Adjustment
April 10, 2019
Page 3 of 6
Lile next discussed the general standards.
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare. The school has been in this location since 2013 with no
reported issues so far, there is also a fenced play area for the children to separate them
from traffic, there is existing sidewalks to Cross Park Avenue and low traffic volumes in the
neighborhood. Finally, the proposed expansion will increase the square footage of the
school but not the number of students attending.
2. 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. Faith Academy has been operating in this location since 2013 with a
limited enrollment capacity and limited hours of operation. Also, typically places of worship
and schools are seen as amenities in a neighborhood and do not negatively impact property
values.
3. 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 district
in which such property is located. Lile noted there has been no development issues in the
past six years of operation and there is still viable commercial space in the front. The
school's entrance faces multi- family residential and is separate from the commercial on the
north.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. This expansion would not impact the already provided utilities, access roads, and
other necessary facilities.
5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. The Academy will continue to use their safe
and established circulation pattern and since the number of students will remain the same
the transportation system will not be impacted by increases in vehicles, congestion, or drop-
offs.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located. Lile reiterated
the expansion is for the school and doesn't change the use that is currently there, no new
students past the allowable amount, which is currently capped at 105. Additionally for the
expansion they must apply for building permits and follow all relevant City Codes.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended. The Comprehensive Plan calls for neighborhood elementary schools as an
integral part of healthy, sustainable neighborhoods as they provide a relationship with the
surrounding neighborhood that facilitates social connections. The South District Plan sees
neighborhood schools, especially elementary schools, as "integral to healthy, sustainable
neighborhoods."
Staff recommends approval of EXC19-01, a special exception to allow the expansion of a
General Education Facility for approximately 11,000 square feet in a Community Commercial
(CC -2) zone located at 1030 Cross Park Avenue subject to the following condition:
1. An enrollment of more than 105 students or an addition of more than 500 square feet of
floor area will be considered an expansion of use that requires a new special exception.
2. Maintenance of the sidewalk connection along the east side of the playground to the school
entrance that was a condition of the 2014 special exception.
Goeb opened the public hearing.
Board of Adjustment
April 10, 2019
Page 4 of 6
Doug Fern (17 Fairview Knoll, NE) is the Head of School at Faith Academy and wanted to thank
the Board for considering this application. He wanted to emphasize as far as the scope of their
organization there are no plans to increase the scope. Their enrollment is currently at 88, they
are a K-6 grade school and plan to remain that way for the foreseeable future. They cap their
classrooms at 15 students, and see this as a better way to serve the population they currently
are.
Dan Broffitt (221 E. College Street) is with Neumann Munson Architects representing Faith
Academy and Parkview Church. He wanted to clarify just one point, the footprint occupied by
Faith Academy and Parkview Church is going to expand by approximately 13,700 square feet,
however a lot of that space is designated to church and common shared space between the two
and therefore is just over 1,000 square feet in expansion just for the school. They are
considering the sanctuary space as church space, the school likely will use if for assemblies
instead of setting up in the gym as previously done, however the sanctuary space would not be
built if Parkview Church was not also in the space.
Hall asked if the square footage is going to increase for the school is it necessary to expand the
restriction on how many students can attend the school. Lile said staff decided to keep the
restriction at 105 because the school is pretty far away from that now and they don't plan on
expanding their number of students or classrooms significantly. The expansion is just to have
larger spaces and have better use of the space.
Goeb closed the public hearing.
Hall noted the application seems very straight forward and thanked the staff for being so diligent
with the report. Seems like a good expansion of the space.
Hazell echoed and noted this is a good use of the space vacated by Stuff Etc., and in no way
detracts from the neighborhood.
Pretorius noted there has been a large turnover in retail spaces and it will be nice to have
something here that is sustainable.
Goeb added there is plenty of parking.
Pretorius moves to approve EXC19-01, a special exception to allow the expansion of a
General Education Facility for approximately 11,000 square feet in a Community
Commercial (CC -2) zone located at 1030 Cross Park Avenue subject to the following
condition:
1. An enrollment of more than 105 students or an addition of more than 500 square feet
of floor area will be considered an expansion of use that requires a new special
exception.
2. Maintenance of the sidewalk connection along the east side of the playground to the
school entrance that was a condition of the 2014 special exception.
Hall seconded the motion.
Hall stated that regarding agenda item EXC19-01 he concurs with the findings set forth in the
staff report of April 10, 2019, and conclude the general and specific criteria are satisfied. So
Board of Adjustment
April 10, 2019
Page 5 of 6
unless amended or opposed by another Board member he recommends that the Board adopt
the findings in the staff report as our findings with acceptance of this proposal.
Pretorius seconded the findings.
A vote was taken and the motion carried 5-0.
Goeb stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
BOARD INFORMATION:
Clarification of language involving alternative selection. Lile noted Dulek prepared a memo for
the Board. There were no Board questions. Goeb noted it was all acceptable and others
agreed.
CONSIDER THE FEBRUARY 13, 2019 AND MARCH 13, 2019 MINUTES:
Hall moved to approve the minutes of February 13, 2019 and March 13, 2019, with attendance
corrections. Pretorius seconded the motion.
A vote was taken and the motion carried 5-0.
ADJOURNMENT:
Pretorius moved to adjourn this meeting.
Hazell seconded.
A vote was taken and the motion passed 5-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2018-20198
NAME
TERM EXP.
5/09
6/13
8/18
12/12
2/13
3/13
4/10
COX, ERNIE
12/31/2020
--
--
--
--
--
O/E
X
GOEB, CONNIE
12/31/2019
X
X
X
X
O/E
X
X
HALL, RYAN
12/31/2022
X
X
X
X
X
X
X
HAZELL, ZEPHAN
12/31/2021
--
--
--
--
X
X
X
--jPRETORIUS, AMY
12/31/2023
--
--
--
--
X
X
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
Item Number: 5.b.
AW1I Q-
CITY OE IOWA CITY
www.icgov.org
June 18, 2019
ATTACHMENTS:
Description
Community Police Review Board: April 29
Final/Approved
COMMUNITY POLICE REVIEW BOARD
COMMUNITY FORUM
April 29,2019,6:00 P.M.
IOWA CITY PUBLIC LIBRARY
123 South Linn Street, IC
CALL TO ORDER: Chair Don King called the meeting to order at 6:00 P.M.
MEMBERS PRESENT: Monique Galpin, Latisha McDaniel, David Selmer,
Orville Townsend.
MEMBERS ABSENT: None.
STAFF PRESENT: Legal Counsel Patrick Ford and Staff Chris Olney, Kellie Fruehling.
INTRODUCTION OF THE BOARD AND BRIEF OVERVIEW
CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS
None to accept.
STATE OF THE POLICE DEPARTMENT BY CHIEF MATHERLY
Chief Matherly gave the State of the Police Department and spoke about the
departments excellence in service mission. He also reported on number of officers,
average calls for service, number of arrests per year as well as police training and
accreditation at the national level the department has accomplished.
MEET POLICE CAPTAIN DENISE BROTHERTON
Captain Denise Brotherton gave a summary of the responsibilities of the Police
Department Support Services Division which includes Community Outreach, Animal
Services, Downtown Liaisons, Crime Prevention and Neighborhood Response. She
spoke about how the police department is actively pursuing many avenues to reach out
to the public through events, brochures, school visits and overall being assessable to
everyone in the Community.
PUBLIC
DISCUSSION The following individuals appeared before the CPRB:
Caroline Dieterle 725 Walnut Street, Iowa City
Ann Marie Drop 511 3rd Avenue, Iowa City
Jeff Felk 7 Princeton Court, Iowa City
ADJOURNMENT
Meeting adjourned at 6:44 P.M.
(Forum Summary and transcriptions are attached)
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2018-2019
(Meeting Date)
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
TERM
5/8/18
6/12/18
7/23/18
8/21/18
9111/18
10/9/18
11/13/18
12/11/18
1/8/19
2/20!19
3/12/19
4/9/19
4/29/19
NAME
EXP -
Donald
7/1/19
X
X
X
X
X
O
X
X
X
X
X
X
X
King
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Galpin
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Latisha
7/1/21
------
------
------
------
------
X
O
X
X
O
X
X
X
McDaniel
Royceann7/1/21
X
O/E
-----
----
-----
-----
-----
-------
-------
-------
Porter
-------
--------
-------
David
7/1/21
X
X
X
O
X
O
X
O
X
O
X
X
X
Selmer
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
3 June 2019
Iowa City City Council
City of Iowa City
410 Washington St.
Iowa City, Iowa 52240
Re: Community Police review Board Annual Community Forum
The Iowa City Community Police Review Board (CPRE) held the annual Community Forum on Monday,.
April 29, 2019 at 6:OOp.m. Board members at the forum were Chair Donald King, Orville Townsend,
Monique Galpin (Vice Chair), David Selmer, and Latisha McDaniel. Staff present were; Legal Counsel
Patrick Ford, Staff Chris Olney and Kellie Fruehling. Guest speakers were Iowa City Police Chief Jody
Matherly and Captain Denise Brotherton.
The forum opened with roll call and an introduction of board members. Chair Donald King read a brief
summary of the board's duties and responsibilities. It was pointed out that brochures on the board's
responsibility and how to file a complaint were on the table in the back of the room. The Chair then
introduced Chief Matherly.
Chief Matherly talked about the accreditation of the department done on a yearly basis and what it
takes to get and keep that accreditation. The department received 2 grants in 2018 totaling
$750,000.00, one for 2 years from the International Association of Chiefs of Police to study
sexual/gender bias in investigations. This should help officers with victim based approach to the
investigation. The other grant was for Data Driven Justice Initiative (DDJ). This initiative looks at repeat
offenders and how to break that cycle. Crisis Intervention Training for officers to do a betterjob to get
to root of problem instead of just keep locking people up. The Chief also talked about the crime statics
going down. Chief Matherly also set out the new mission statement for the department:
"To work in partnership with the community, enhance trust, protect with courage and compassion,
empower victims of crime through excellence in service"
Chief Matherly then introduced Captain Denise Brotherton, who is in charge of Support Services.
Support Services is everything non police related, but also the community outreach division. Capt.
Brotherton explained some of the department divisions that fall under her command, stressing the
community outreach division officers that should be seen more often out in the community as the
weather gets better. Capt. Brotherton had brochures that were printed in several languages, to help the
immigrant community with questions they may have in regards to the department and community.
The Chair then opened the forum to the public. The following appeared:
Caroline Dieterle wanted to show her appreciation to Chief Matherly for his work with the department.
She also discussed the deer population crisis with the city and DNR.
Ann Marie Drop asked about the DDJ Grants when received and when up. Rec'd 2018 and up 12/2019
DDJ funded one officer (Officer David Schwindt) compiles and sorts the data received.
Orville Townsend asked about police arrests during the football season. (7 last season)
Jeff Felk discussed the school board's recent meeting about school resource officers and what the cost
associated with that would be and more complaints to the Community Police Review Board. Chief
Matherly stats showed 2017 had 81 visits and 2018 had 223 visits to the schools for various reasons. He
said that the school administration, parents and teachers should decide what is best for the schools.
At the conclusion of the public discussion, the Chair thanked everyone for coming and for their input
and stated that there were information packets on the table in the back.
The forum was adjourned at 6:44p.m.
Donald King, Chair
(Transcriptions are available at ICgov.org)
Page i Community Police Review Board Community Forum Transcription
Community Police Review Board — Annual Forum
Monday, April 29, 2019 — 6:00 P.M.
IC Public Library Room A
123 S. Linn Street
Members Present: Galpin, King (Chair), McDaniel, Selmer, Townsend
Staff Present: Legal Counsel Patrick Ford. Staff Chris Olney, Kellie Fruehling
Others Present: Police Chief Jody Matherly, Captain Denise Brotherton
Introduction of Board Members:
King/ On the back table is, uh, some handouts for the Community Police Review Board
information .... um, on what we do. Um, we review, um, complaints about, uh, allegations
on policeman's conduct. We review the policies, procedures, and practices .... um, for the
Police Department. Um .... complaint review process and the Community Review Board
timelines are all within this paperwork in the back. Also in the back we have, uh, a
calendar year from 2015 of the, uh, complaints that were filed in that year and the
outcomes of those, uh, complaints. Um, item .... uh, this is a public forum and it's being
recorded for rebroadcast on Channel City 4. Um....
Consider Motion to Accept Correspondence and/or Documents:
King/ ...we received no outside correspondence for this meeting.
Introduce Police Chief Matherly:
King/ I'd like to introduce Police Chief Matherly for the, uh, State of the Police Department.
Matherly/ Thank you. Are these working? (several talking in background) Thank you very
much! Um, my name's Jody Matherly. I'm going to stand. I think this'll still capture me.
Uh, I've been here as Police Chief for two and a half years. Um, 36 years overall in law
enforcement. So, a little history for me. Uh, five years in Altoona Police. Before that
nine years for the Grinnell Police Department, and 20 years in Flint, Michigan is where I,
uh, started police work. So my friends say I can't hold down a job (laughs) um, and I've
truly come to new places and .... and found places that are a better fit for me, and Iowa
City is certainly one of those. Uh, what I found most intriguing about this city is its
acceptance and .... and inclusivity of ...of all persons and that makes a police department's
job pretty easy, because we know where the City Council, the community, um, and ... and
where, you know, everybody that's here, be it University folks that are only here for four
years, moving on to other professions and new lives; um, that we all belong—belong here
together. So policing in and of itself, law enforcement, and our job has really had to
evolve from a few years ago, as short as 10, 15 years ago, we were more into the warrior
This represents only a reasonably accurate transcription of the Community Police Review Board
annual forum of April 29, 2019.
Page 2 Community Police Review Board Community Forum Transcription
mentality and leaving that behind and getting into a protection, uh, and a guardianship
mentality. Um, we've been pretty good at that here and for a couple reasons. We are, uh,
nationally accredited, uh, law enforcement agency. It's called CALEA and there's only
about a dozen CALEA agencies in the state, um, and there's a couple hundred nationwide.
We operate to the gold standards, so our policies, our procedures, and then the proof that
we're actually those policies and procedures are monitored at all times, and on a yearly
basis we have to do what's.... what's called some reviews at the national level, and then
every four years they really hand it to us and make sure that everything's spot-on, and we
operate to that level without any problems at all. So ... we're being watched and we're
grading ourselves as much as anybody else is, and that allows us to do a much better job.
Let me talk a little bit about 2018, because we stood here last year and the crowd was
about the same size, and I will tell you Orville Townsend mentioned it to me last year.
He said, 'You know, these crowds have gotten smaller because things are pretty good
right now,' doesn't mean they're perfect. We have a lot to do, but by and large we're
trying to .... to be transparent with the community, tryin' to do the right thing, and.....and
being as hard on ourselves as .... as anybody because we correct things before they
become big problems, and I think that's an important thing to look at. 2018 we did a
couple of...of really good things. We, um, we received a couple grants and they were
worth $750,000 total. So these are .... these are big grants. But one of 'em was from the
International Association of Chiefs of Police, and it was a grant to allow us, this was a
two-year grant, to, um, get into being a better agency, and we were one of six
demonstration sites nationwide that got this grant — only one of six — um, for sexual
assault and gender bias in investigations in sexual assault. So we also took a trauma -
informed approach, so we got to understand better — I say 'we' — our investigators or
officers, when we're investigating a sexual assault, uh, the effect that trauma can have on
a victim and how we have to understand that concept and understand what that victim's
going through and take a victim -based approach to these investigations. That is so
important, cause it's real easy for someone to come in and try to report a crime, but when
you've gone through that and when you're living, um, as a victim, we need to understand
the effects that can have on your mental health, your physical health, uh, those around
you — family, friends — everything. So this grant has allowed us to be even better experts
in that area, and we've spent a lot of time, a lot of money — but it was grant money —
sending almost all our officers through training, but many of them through extensive
training and many of 'em out of state. They've been to Dallas, San Diego, Orlando, uh,
Virginia (laughs) all over the nation, getting the best training that there is in this line of
work. So that's been really good. Our second one, and maybe you've heard this term, is
the data -driven justice initiative. So that was a....another grant. David Schwent, who a
lot of you know as Officer Friendly, he was our downtown officer for many years, urn, is
the coordinator for the DDJ grant that we received. And his job is to look at low-level
offenders that are using, not just police services but also, um, social services, emergency
services, hospitals, and see if we can't identify ways to help them, so they're not still
using those systems and never getting out of that ... that rotation, and that's what we found
through the research is, you know, there's individuals that are using these systems
(laughs) but nobody's really doing somethin' preventive to get 'em out of that cycle, and
so our job is to monitor that and find out what can we do differently, and so we've taken a
few steps, and that.. ..that grant continues through December of this year, um, but one of
This represents only a reasonably accurate transcription of the Community Police Review Board
annual forum of April 29, 2019.
Page 3 Community Police Review Board Community Forum Transcription
'em is CIT training, um, crisis intervention training. So it teaches our officers to do a
better job at ... getting to a crisis situation and identifying the root of the problem, and not
just treating the symptom itself. So it's really easy, and believe me, after 36 years, this is
all I was trained to do — I have a gun, I have some mace, I have a baton, and I get to a
situation. Next call's pending, so I gotta get goin' here. I basically find out what
happened. I handcuff ya. I take ya to jail. That was it! We didn't look at mental health.
We didn't look at substance abuse. We didn't look at what's going on in that person's life.
We weren't trained to do that, and there wasn't data out there to help us be trained to do
that, not in the police world. So we've slowed things down and said what can we do
upfront, what can we do on the scene, I'm talkin' 3:00 A.M. (laughs) when there's not a
lot of places open to help us, and triage this a little better, slow things down, and identify
how we can help that person in distress, instead of just handcuffin' 'em and take 'em to
jail. The idea behind this is two -fold. Quit fillin' the jails with people that don't need to
be there, but also get 'em the help they need so there's not that recidivism, so they're not
continuing to get themselves into problems. We've been pretty successful at that, and I'll
go through some numbers here in just a minute and talk about how successful. Here's the
cool part — as we looked at that grant and we continue to monitor this, we started lookin'
at the jail populations. So we said if the jail population goes down, what happens to the
crime rate? What we're finding is, the crime rate's staying down too. So having less
people in jail is not ... (laughs) had this big impact on crime. As a matter of fact the crime
level here's stayed very low. So we're a safe community. We're putting less people in
jail, and we're havin' success with that. So we're seein' some really good things. This
grant is invaluable. We plan on continuing some type of DDJ, data -driven justice, even
when the grant ends, and I'm workin' on that as we speak, to see how we can fit that into
our plan, but I think it's so important to continue. It's not just Iowa City. This is with
Johnson County, uh, as well as some of the other agencies too, and the social service
agencies, the hospitals — everybody. So there's big players involved in this whole thing.
We happen to have gotten the grant, along with some of the money towards Johnson
County, um, jail diversion program, and we're coordinating that together, but um, big
piece of the puzzle, seein' some success with it, that .... that's made 2018 goin' into 19
really successful for us and we're really pleased with that. One of the other things we did
was, uh, we added an officer to the evening shift for downtown. I talked about Schwent
being Officer Friendly. He was our downtown officer for several years, and what we
found is downtown needed an evening officer. You knew they started .... the Downtown
District started the nighttime mayor program, and we wanted a counterpart for that to say
what can we do to reach out to the businesses, to the bars, to .... to the, uh, restaurants,
everybody down here, and have a little more strategic concept of how to make things safe
and how to make people feel comfortable, instead of just bein' (mumbled) night shift.
Um, and that's worked very well. We're startin' to do classes for the businesses down
here, teach 'em how to deal with .... with intoxicated people, and we partner with the
University, um, with the SHOUT program, that gives the .... (laughs) gives us an
opportunity to get those that maybe had a little too much to drink, before they get
themselves in trouble, before they get themselves put in the hospital, to get 'em to a safe
place. Um, but not just intoxicated people. Chief Beckner over at the University said it
best. He said if I can narrow the amount of time that someone can be a victim, then
there's less crime, and so when we see a female walkin' by themselves, that maybe got
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separated from their group and it's late, let's stop, hey, do you need a ride and (mumbled)
over there (mumbled) University students themselves and give 'em a ride to a safe place.
No money, don't have to ask questions. If you need a ride we'll get you a safe ride and
get ya to where you need to go instead of walkin' home by yourself. Narrow that window
victim (coughing, unable to hear speaker) victim and you increase your .... your success
rate, if you will, to prevent crime. So that's been very good. Uh, we have also, um....
changed our....our mission statement. So, one of the.....one of the things every police
department has is what do we stand for, who are we, and. ...and what's important to us.
So we .... we had a pretty lengthy mission statement and it was a paragraph (laughs) never
really got to know the thing too well cause it wasn't who we were. It might have been
who we were years ago, but it wasn't who we were today. So we took the time this year
to reshape our mission statement, and this came directly out of that IACP grant that the,
um, gender bias investigation grant that I talked about. So here's our new mission
statement and I wanted to have you folks here .... we just changed this, uh, last month. I
even put .... I put signs all over the station. I even have a little bit of this on the cars, if
you see our police cars, but here's what it says. To work in partnership with the
community, enhance trust, protect with courage and compassion and empower victims of
crime through excellence in service. I think that's a very powerful statement, that...
especially the empower victims of crime. We wanna empower them, um, but with the
excellence in service. So when you see our police cars, now look on the right front
fender .... well actually both front fenders, and we have 'excellence in service' written on
every single police car. And I tell my officers, and there's signs all over the station, when
you walk out of the watch meetings, read our mission statement. When you get into your
car, read that 'excellence in service.' When you're out there doin' your job, and you think
that probably didn't go as well as it could of, look at the fender and remember 'excellence
in service,' that's who we are, that's the standard you should uphold. That's your mission
every day, is excellence in service. So I think it's very important for them to remember
that. It's so important to me I put decals on the cars (laughs) so they'll never forget it.
Um, so yeah, we're very, uh, very pleased with that. One of the last things we did this
year was taking better car of our officers. Suicide rates for police officers are very high
right now. Urn .... and it's not gettin' any better. So we had to take a step back and say we
wanna make sure that our officers are healthy, that they have their .... their heads on
straight, and that things are going well for them, so they can come help you. If things
aren't good in our lives, it's hard for us to help others. So we have to make sure that we're
taking care of ourselves, first and foremost. It's kinda like don't run too fast to an
emergency call, cause if you go too fast you're gonna get. ...what? In an accident! If you
get in an accident, you've done nobody any good (laughs) cause you're not gonna get
there. So slow things down, get there safely. Same with their psyche, same with their
mental health, same with the officer's day-to-day living. They have to take care of
themselves, so they can suit up every day and come serve the community. So we .... we've
done several things. We started a peer-to-peer program and I actually got this from Des
Moines is where I first saw it. But these are specially trained officers that can recognize
problems amongst the groups that they're workin' with, their own people, their own peers,
their own officers, and identify things that maybe things aren't goin' too good and maybe
they could use my help right now. So....they're trained to pull that officer aside and say
is there anything we can do for you. They have the captain's ears, the chief s ears, uh,
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our, uh, our EAP program, employee assistance program's ears. We have a cadre of
police chaplains that .... that can help out. Um, and if they need anything, be it them, their
family.... financial woes, anything at all, then we're in a position to reach out and to help
them before things go bad in their lives. The peer-to-peer program's been very successful
for us. Um, and let me finish up. I don't wanna talk all night here, but we talk a little bit
about .... about our police department itself. We have 86 patrol officers. Eighty-six sworn
officers with our agency. Now to put that into perspective, the Sheriffs Office has about
70 sworn deputies, the University of Iowa has about 40 sworn police officers, Coralville
has about 30 sworn police officers, and then North Liberty has about 27 or so sworn
police officers. So we're the largest agency, uh, obviously in the County, with 86. Um,
we try to hire folks that match our community. We wanna be a cross-section of the
community. So .... we're at about 2% Asian Pacific Islanders; we're about, just over 6%,
uh, black officers; and we have, uh, one Hispanic officer right now, and he just started in
the academy. So, and our average age is 38. So we don't have a lot of young officers, but
we don't have a lot of old officers, about 38. In the .... in the world of police departments,
that's pretty old. Um, you know, the....we can retire after 22 years, age 55, and so, you
know, some officers tend to get out, but ours tend to stick around. They like workin' here,
they enjoy the job itself, and uh, so longevity here's (laughs) really good. Um, we hover
at about 70,000 calls for service every year and last year was no different. In 2018,
70,130 compared to 70,550. So we continue to .... to stick right around there. But some
more interesting things that .... that occurred in 18, I talked about our ability to identify
things, uh, out in the field and make less arrests. So that crisis intervention training that
we take to .... to .... to do that, here's the results of that. So in the last seven years, in the
last seven years, this year — 2018 — was the lowest for arrests. It was the lowest for
disorderly conduct charges, and it was the lowest for public intox. I'm a firm believer
cause we got better at what we did, we were able to identify alternative solutions. One of
the things that the City and the County have been very supportive on is the Access Center
that, as you well know, is, um, is being built as we speak. The crisis stabilization unit at
the U is .... is up and running now. So we're able to identify better methods to take care of
the problem and keep folks out of jail, and these numbers are showin' that that trend is
going down from those arrests, uh, and that .... that's a good thing. So, we know that we're
spending our money and our training wisely, and the officers are doin' a great job. Um,
crime overall went up a very small amount. It was about 8% for all crime. That's not a
huge amount when you're talkin' about 4,000 crimes per year. Um, we saw an increase in
aggravated assault, which is the more serious type assaults. Uh, we saw an increase in
sexual assaults and in drug arrests. Urn, I'm sorry, drug cases — not drug arrests. Drug
investigations. But we saw a decrease in robbery. We saw a decrease in burglaries. We
saw a decrease in weapons, uh, and we saw a decrease in simple assaults. Some of the
more violent crimes, uh, that you see day-to-day, we saw a decrease in those, and really
that's.....at the end of the day what we're after is reduce violent crime first and foremost,
uh, and we were successful last year doing that. Uh, juveniles, everybody always asks,
'How are the kids? What do we got for juveniles going onT That's important, I mean
those are the ones we try to reach out to the most and connect with, cause we have the
biggest impact on them. When they grow up and .... and there's, you know, that sense
maturity with them, that sense of responsibility, they're successful in life. We like to be
part of that! Um, we have limited access, obviously. Um, but .... but we put on a lot of
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programs, which is right down her alley with support services, and we'll talk about that in
a minute, where .... we wanna connect with those kids. So we spend a lot of time to .... to
connect with our youth, whether it's flyin' kites in the park or at National Night Out,
givin' out backpacks or whatever... whatever it is we're doing, we're tryin' to connect
with them all the time. Um, so calls for service last year for juveniles went up 3%. So it
went from 573 in 17 to 595. So calls for service, regarding juveniles, went up 3%. That's
not a big raise, but what we did find is we went down 12% on the amount that we
referred to the court systems and arrested. So (mumbled) we have more contact with
juveniles, we were arresting them less. Again, I think the officers are gettin' to know the
parents, gettin' to know guardians, gettin' to know those adults that are (mumbled) this
child and able to reach out and .... and take alternative action instead of just puffin' the
handcuffs on 'em and puttin' 'em in the court system. Um, so we're pretty proud of that.
And.. just hit a couple more things here. Uh, when it came to juveniles, we had, uh, these
are for charges, actually chargin' them into the court system. Um, we had .... fewer arrests
for Hispanic and for black children, uh, that is juveniles, those under 18 years of age, in
2018. So for example, 2017, for black youth it was 141; it was 117 in 18. So we went
down. For Hispanics it was 34 of those in 17. We went down to 15 in 18. So dramatic
decrease in those, uh, which I think's very important, uh, for everybody, so.....that's it.
Let me, uh, introduce, uh, my captain here and then we'll take questions or anything that
the Board decides here. So this is Captain Denise Brotherton. Um, I always tell her I
don't like to talk about this part, but she's our first female captain in Iowa City, and I....I
don't like to really talk about that cause she wasn't promoted because of that. She was
promoted because she was absolutely the best one for the job. And I'm gonna go back a
few years and I did assessment centers, uh, for promotional exams and she sat through a
couple times in promo .... uh, promotional assessment centers when I came here, and I
wasn't the chief here yet. But I told her I said you know (laughs) you're always very
sharp and you're goin' places and I could just see that years ago. Well, here she is! So
she's made captain now. Um, there's only two captains in our police department. There's
one in charge of field operations — that's Bill Campbell, and then there's one in charge of
support services. I tell people support services is kinda everything non -police related, but
in our world here, it's also our community outreach folks, so it's very important for us, so
Captain Denise Brotherton and I'll let her stand and say just a few words so you can get
to know her!
Brotherton/ You guys gonna be able to hear me? Okay! Nice when it's a smaller room. So again
I'm Denise Brotherton. I've been with the department for about 24 years now, and I'm
just from up the road in Cedar Rapids. I've been here as long as I was in Cedar Rapids
and I feel now this is probably more my hometown, the Iowa City community. Back in
Cedar Rapids they almost, when I go back there I feel more like a visitor than I .... than I
used to, and that's great, because I'm raising a family here and um, I can't think of a
better .... a better place to live and a better place to serve. Uh, I am in charge of support
services now and I think it's the fun part of the department because I have the positive
things. I have Animal Services that I oversee and that couldn't be a greater team of
people with such an awesome mission down there, and I have the Community Outreach,
uh, Division, which was always important to me when I worked on patrol and it's nice to
be able to guide that group, uh, it's a great group of people. We have the two downtown
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liaison officers Chief Matherly, uh, mentioned, and that is Rob Cash and Colin Fowler.
And we also have our Neighborhood Response officer, Luke Erickson, and then in
our .... our, uh, Crime Prevention and Community Outreach, Officer is Ashton Haze, who
just does a phenomenal job. Along, uh, with some other divisions, I ... under support
services, would be our evidence, our records, and also quarter master. Get the guys in the
uniforms and looking good and professional. Uh, what's exciting right now for our
community outreach section or division is when the weather gets nice, be it festivals and
they're busy all year round, but you know you just have a lot more goin' on in the
summer. We get them out there, interactin' with the public, uh, besides just some of the
presentations they do, and we also try to get the patrol officers involved in those too. So
as much as they can stop by. So it gives everyone a chance to....to see people on a level
that it's not just a response to a call or something bad happening. Uh, another thing that
our Community Outreach division has done, and Ashton did an awesome job on this, was
is we're trying to connect a little bit more with,um, some of our immigrant communities,
and uh, but what we found is, you know, the .... the barriers, because of language, and not
understanding how our system works or being concerned about contacting us because of
maybe their status, and we wanna help everybody. We want everyone to call us if they
need us and to understand is it .... what's an emergency, when should I call 9-1-1 or when
do I just call the police. If I have a question or, uh, I just have like a neighborhood
situation or need some assistance. So what we have our informational (mumbled) fliers
here. We got this idea from our Library, and pretty much, um, with the same languages
they do and this is an evolving, um, program. So we hope to add to it. We hope to get
feedback from community members on what information is helpful, that we have things
translated properly, and so this is our first batch out. I'll have these available for people
afterwards, but I .... of course can't read the languages, so I've put sticky notes on 'em so I
know but we have Chinese, Swahili, French, Arabic, and Spanish. So, it's a start. We
certainly have much more languages in our community, uh, but you know, hopefully
these will....these will start (mumbled) and we can get that information out there. And
again, I'll have these available for people to look at afterwards (talking in background)
Oh, and on this also has .... it has information about language line, so obviously we would
love to have officers who can speak all these languages, and that's our goal too, but in
here it also explains about language.... language line. So we can always communicate,
and that goes through all languages. Just not the ones we have here. So we can always
communicate with our victims. Thank you!
Public Discussion with Community Police Review Board:
King/ I'd like to open the, uh, forum up to public discussion. Um, if you have any questions or
comments, please come up. Uh, sign in, uh, the microphone there is live. State your
name for the public record and for recording, and please try to keep it within five
minutes. If anybody wants to come up.
Dieterle/ Um, hi. I .... I wanted first to express my appreciation to Chief Matherly (clears throat)
and for his work with the department, cause I think having lived here for such a long time
and lived through prior years when we had lots of problems, um, it's a real pleasure to
have it be as nice as it is now. So, thank you very much for that. The other thing is that
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I'm wondering about (clears throat) it's a practical question, Officer Frank I believe was
the one who hosted the deer forum, the management, and the City did its best after
listening to that forum to come up with what they thought was a workable plan to deal
with difficulty. Uh, but as you probably know, the, uh, Natural Resources Commission
turned us down twice, and uh, we now are kind of stuck with it, for at least another year,
without having anything done at all, and um, the other night, uh, in the City Council
meeting, it was decided that another approach would be made to the Natural Resources
Commission to try to work out some sort of a modus vivendi here. But in the meantime
(clears throat) um .... there are getting to be more and more deer and this is the season
when the pregnant females will produce fawns, and so the population of deer is likely to
go up by another third. And, um, I for the first time since I've lived in my address there
and gardened there have got deer coming through my yard every single night, and I think
that it's only a matter of time when you have so many, uh, that there're going to be more
accidents with vehicles, there's going to be more, um, starving and probably sick deer
because of the population pressure and the lack of food. So I guess my question is if you
find a deer that's' in distress or one where it's been hit by, uh, I guess there are hunting,
there are going to be bow hunting.... going on, um, and you've got a dying or, obviously
diseased deer, who .... who do we call? Do we call the Animal Shelter? Do we call the
police? Do we call 9-1-1? What do we do? A friend of mine was just talking about it the
other night, um (clears throat) there was a great big buck, he said that, uh, was obviously
in physical distress, wondering down the creek, and he didn't know what to do.
Brotherton/ Yeah, patrol will respond (mumbled)
Dieterle/ Yes.
Brotherton/ Patrol will respond to handle those situations and we've done that through the years
and they're trained to .... to deal with those and the injured animals. So you can just call
the main number for the Joint Emergency Communication Center, uh, which is 356-6800,
uh, it....you would call 9-1-1 in a situation like you were involved in a crash and people
were hurt with the deer. Otherwise if you see an injured deer in your yard, along the
road, uh, you can just call that number and they'll send out, uh ,usually a patrol officer to
deal with that. The animal's already deceased, then we send out Animal Services also.
Dieterle/ I don't have enough experience myself dealing with deer. I've read up on what it's like,
uh, to try to do that, and suggestions for what to do, and one of 'em is that although, you
know, deer can jump quite high fences, they don't usually do it unless they have got a
room to land. Um, now if you have stakes for gardens, for instance, where if they try to
jump they get impaled on a stake in your garden, that could create quite a situation, where
I think they'd almost have to be dispatched, you know.
Brotherton/ Sometimes that does have to happen, yeah, when they're injured.
Dieterle/ (mumbled) and the police department would do that or....
Brotherton/ Yeah. Yes, we'll take care of that.
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Dieterle/ All right. Um, well again, thank you very much and when, um, is it going to be on the
bulletin's that the City sends out, what time this forum with your presentation is going to
be aired, uh, on public, uh, the public channel?
Brotherton/ Certainly, yeah, are you signed up to received, uh, the notifications from the City, the
public notifications?
Dieterle/ Yes. Uh huh.
Brotherton/ You should receive it on there also.
Dieterle/ Okay, cause I think, um, there are a lot of people who are probably interested that didn't
come. It's hard to come in the evenings and would like to know when it's going to be
posted (both talking) All right, thank you.
Brotherton/ Thank you.
King/ Anybody else? (talking in background)
(female)/ My question is for, uh....pardon me?
King/ Could you state your name and (both talking)
Drop/ Oh, my name is Ann Marie Drop and I live in Iowa City. Um, my question is for, uh,
Chief Matherly, and I'm wondering, this is concerning the DDJ grant, um, what's the
timeline for that grant? When did you get it,and when will it expire? And then my
second question is how many officers have been trained with that grant money, uh... up
to this point?
Matherly/ Sure. So we .... we received that grant just in the late 2017, to early 2018. It goes
through December of 2019. Um, so it was just under a two-year grant. Originally it was
planned as a three-year grant and, cause the government red -taped the (laughs) the federal
level, it just took time, so it ended up bein' a two-year. Um, the .... the CIT training itself
that we're going through, every police officer in this county has gone through that. Uh,
now even the new ones that we're hiring are getting that 40 hours in the academy. So
they're still seeing the crisis intervention training in the academy. That grant, the .... the
biggest part of it was to fund a full-time position to actually coordinate all of this, and to
have the ability to ....to take the data in and crunch the numbers and make it meaningful
coming out, you know, stuff that we could actually recognize as helping us, and so it
funds that position, which is now David Schwent. So that was the other piece of it.
Drop/ Okay. Thank you.
Matherly/ Thank you.
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King/ Any other questions?
Townsend/ Yeah, I had a question for the Chief. Uh, Chief, over the years, football season's
always been problematic in terms of fans, rowdiness and stuff, and we usually just have a
phenomenal amount of arrests. Uh, have we improved in that area in terms of number of
arrests in football season?
Matherly/ That's a good question. So, last year started to get a little ornery on us. We had, uh,
some .... it was in the papers, so I'm speakin' what was already public, but some
fraternities that kinda cranked it up a notch for some of the tailgates. We were able to get
a handle on that after a while and get it back under control. Each game we generally
make no more than two or three arrests at the tailgating and game itself. Um, if it's Iowa
State or somethin' it's a little bigger and there's a little more energy involved, sometimes
the arrests are as high as seven. But by and large we don't have a whole lot of arrests
with those. You know we .... we're .... we give a little bit of latitude. We want folks to
have fun. We only ask that you be safe and that you don't, you know, hurt anybody else
and just ... just lay low and have fun and enjoy yourself. Uh, the director over at the
University and I have the exact same philosophy in that area — if you want our attention
you'll get it, but otherwise enjoy yourself, and....and they .... they, most folks are here to
have a good time. We keep it safe. Now when we come downtown that evening when
the game's over, uh, sometimes those arrests can spike a little bit, depending on the
energy level too. Um, I personally come down in the evenings on game night, just kind
of walk around and monitor things. Um, and you know it's not the visitors. You know,
everybody, Wisconsin's bad fans. No, it was kind of our fans that night (laughs) when
Wisconsin was here. We were bein' a little bit too rude, and I say'we,' mostly the
students. So we, you know, we were kinda pointin' it out the next day that, well, these
games, they're guests at our house here. We should treat 'em as guests and uh, sometimes
that energy is so high and that rivalry is so strong that it's not necessarily well behaved,
but by and large it's a very good experience. We have extra patrols on, not just on the
games. We have over a hundred officers that work the games, um, and then we have
beefed up patrol also, increased patrol in the downtown area after the game. So we're
ready to respond and we run a pretty good visibility, an omnipresence if you will, to run
as a deterrence for trouble.
Townsend/ Thank you.
King/ Anyone else?
Felk/ Hi, I'm Jeff Felk (difficult to hear) live in Iowa City (unable to hear) Uh... this is a little bit
off the track, but you might be familiar that at the Greeshan School Board meeting there
was a, uh.... proposal submitted by the school's safety committee, uh, and it's top proposal
was to have a school resource officer in the high schools I believe it was. Uh....needless
to say, one has no idea whether any of this will be taken up by the School Board
eventually, or it'll just wind up in a circular filing cabinet some place. But I'm just
curious because I could see that if such a proposal was enacted and a .... uniformed officer
was in.... schools, uh, that the review board might have some .... more work to do, uh,
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eventually in terms of complaints and whatnot. Uh, so (clears throat) there are two things
I'm curious about. One thing is I think it came up that such a position would not cost the
school anything because it would be paid for by the Police Department. I don't know
whether that's true or not, so I'd like to know whether that's true. The other is, uh,
although, uh.... uh, the, uh, the Iowa City police force has done a lot of training about
community relations and relations with juveniles, I'm just curious whether off the top of
your head. I realize you haven't had a chance to think (mumbled) do you think officers in
the school would need additional kind of training, uh.....for example if somebody came
up with well we'd like officers in school but we don't want them armed. Is that
something that you would go along with? I'm just trying to anticipate things. Thanks.
Matherly/ Um, and thanks for bringing that up, I mean it's .... it's been out there, the discussions
been made. I will tell you these discussions have taken place long before it was brought
to the School Board. We always talked about our presence in the schools, and in fact I
have another stat for ya. Um, in 2017 we did 81 visits to the schools, in 2018 we did 223
visits to the schools. Um, for presentations and programs and things, that's not getting
called there, that's putting that extra effort in to connect with our kids. So when I
mentioned the juvenile stats earlier and I said it's difficult to connect with kids, well....
one of the reasons is cause we'd love to be in the schools more often than what we are,
cause that's where the kids are, where our youth are, and so, uh, connecting with them for
us, to build the relationships with the police, to .... to have that .... that sense of trust with
them and know that they .... they can turn to us if they need us is so, so important. Now
the other side of that coin is and you talked about it is, you know, would there be an
increase in CPRB, uh, complaints, would there be an increase in juvenile arrests, the
school to prison pipeline as they call it. Um .... you know, you've seen where are stats lie.
We're doing everything we can to reduce that. My opinion is if we were in the schools
that we would continue that trend. We wouldn't look to go in the schools and be number
one discipline.... disciplinarians. That's not our job! And I've had, I've worked at
agencies where there are SROs and the very contract itself says we will not be dis....
Disciplinarians. Just not our job! Teachers don't want us to do it. Administrators don't
want us to do. We don't wanna do it. We're police officers. But what we do want to be
able to do is be part of the long-term strategic solution to some of the problems in the
schools. So... Aess on the patrol the hallways, and hey, you're late for class, you're in
trouble, and more on the .... the softer end of it, the strategic end of it, to build that trust,
number one, but also .... get into a .... a, and we're even starting this process (mumbled)
assessment mode, where when a child's in need, when somebody's havin' problems,
maybe the parents got arrested (mumbled) domestic or maybe the police were called to
the house for whatever reason, maybe the child it ... himself or herself is havin' problems.
Maybe they're being bullied. To be involved in those processes early on and get a handle
on it, before .... it implodes. You k now, we don't ever want to see that happen. Um, I
wouldn't have a problem with.....with a softer approach. Kind of dressed like I am, you
know, and not a uniform. Not patrollin' the hallways but be more of an assistance, be
a ... a sense of guidance for 'em, be a sense of expertise for the schools. I say all that to say
this — I want the schools, the School Board, the School Administrators, the ... the faculty,
the staff, and .... and the parents and the community at large to decide what's appropriate
for our schools. We work well with .... you can see our numbers are going up, um, we....
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we put on all kinds of training for the schools. We connect with them often. I've gone to
the School Board meeting and introduced myself and said if there's anything you ever
need, let me know. Um, you know .... they have us on speed dial when something goes on
and so that relationship's strong. Um, we walk slowly in that area because just going in
the schools and not having a plan and not doing things right and try to make sure that
we're attentive to the national stats that black females in schools are being suspended at a
higher rate than they should be. Many minority, uh, youths, people of color, are being
arrested more in schools than they should be. That stat is crystal clear, and if we don't
pay attention to that, then we've stepped backwards. And so we .... we never want that to
happen. So the solution is to go in slowly, be very strategic, make sure the rules of
engagement, if you will, the .... the, our role is crystal clear to everybody, and at the end of
the day, she and I and Captain Campbell.... decide what is success and what is not in that
role, and we've been at this a long time. Uh, I'm confident that we could have success in
the schools, but I also wanna be sure that everybody else is confident in that as well and
says you're on the right track. So the discussions continue. Nothing changes for us at
this point. When a school needs us, we're there. When they want help with training or
need help with a troubled student, we're there. So nothin' changes. Another question to
have was cost. That's.—that's all relevant. I got bosses here tonight with City Council
and Mayor and, um, you know it's a lot.... everything we do is budget driven, so we work
within those guidelines. Everything the school does is budget driven. And so whatever
we decide, it has to be within our budget, so what can we afford? Um, but I've seen some
creative things out there and there's some grants out there. Uh, so, you know, different
things, different.... different, you know, funds could be put into place. Uh, depends on
where our priorities are and how we wanna handle that. So the cost is not necessarily the
police, or necessarily the school. It could be one or the other or a combination of both, or
through the grants, uh, that are obtainable. Urn ... and additional training. The answer is,
yes, yes, and yes. We would need to make sure that the officers are well trained in
dealing with youth and the alternatives, uh, to arrest that are .... that are out there, um, the
(mumbled) DHS system, um, and our officers are really good. We have some that are...
that are absolutely experts in that area now. But we wouldn't put just anybody in the
schools. I've got officers that are really good at what they do. School wouldn't be one of
'em. I've got some (laughs) that are better in this area, be it traffic or .... or investigations.
So we all have our little pieces of expertise that we like. Um, the right officer would
have to be put in that position and trained to a level that is acceptable to us, and
acceptable to the .... to the school system itself. So....good questions!
King/ Anyone else?
Meeting Adiournment:
Meeting adjourned at 6:44 P.M.
This represents only a reasonably accurate transcription of the Community Police Review Board
annual forum of April 29, 2019.
Item Number: 5.c.
AW1I Q-
CITY OE IOWA CITY
www.icgov.org
June 18, 2019
ATTACHMENTS:
Description
Community Police Review Board: May 14
�` r .-4, CITY OF IOWA CITY
,r MEMORANDUM
Date: 05/15/19
To: Mayor and City Council
From: Chris Olney, Community Police Review Board Staff
Re: Recommendation from Community Police Review Board
At their May 14, 2019 meeting the Community Police Review Board made the following
recommendation to the City Council:
(1) Accept proposed amendment to Ordinance 8-8, and CPRB by-law.
Additional action (check one)
No further action needed
X Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
S:RECform.doc
Final/Approved
COMMUNITY POLICE REVIEW BOARD
MINUTES - May 14, 2019
CALL TO ORDER: Chair King called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Monique Galpin, Latisha McDaniel, David Selmer, Orville Townsend
MEMBERS ABSENT: None
STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Iowa City Police Captain Bill Campbell
RECOMMENDATIONS TO COUNCIL
(1) Accept proposed amendment to Ordinance 8-8, and CPRB by-law.
CONSENT CALENDAR
Motion by Selmer, seconded by Townsend, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 04/09/19
• Minutes of the Community Forum meeting on 04/29/19
• ICPD General Orders 90-02 (Report Review)
• ICPD General Orders 99-08 (Body Worn Cameras and In -Car Recorders)
Motion carried, 5/0.
NEW BUSINESS
None.
OLD BUSINESS
Community Forum Discussion — King asked for a volunteer to a write a draft summary letter of the
Community forum meeting. King volunteered and will submit the draft summary to staff by June 3rd to
then be included in the next meeting packet.
City Council Liaison Proposal Discussion — Selmer summarized the 2nd draft which added item 3
explaining the general role of the Liaison and why the Liaison should be created. Ford questioned if
item 3 was intended to be part of the Ordinance change or just a statement. The Board agreed to
include item 3 in the same paragraph as item 1, making it part of the Ordinance change. King stated he
would be voting no to the proposal as he felt it was not needed since anyone can already speak to a
Council member. King also questioned the last paragraph and did not understand the role of the Liaison
if they are not speaking to the entire Board.
Motion by Selmer, seconded by Galpin to forward to Council the proposed amendment to Ordinance 8-
8, and CPRB by-law regarding a City Council Liaison. (as amended)
Motion carried 4/1, King voting no.
CPRB
May 14, 2019
PUBLIC DISCUSSION
None.
BOARD INFORMATION
None.
STAFF INFORMATION
None.
DRAFT
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to channel
• June 11, 2019, 5:30 PM, Helling Conference Rm
• July 9, 2019, 5:30 PM, Helling Conference Rm
• August 13, 2019, 5:30 PM, Helling Conference Rm
• September 10, 2019, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Galpin, seconded by Selmer.
Motion carried, 510.
Meeting adjourned at 5:47 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2018-2019
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
ivieerm
vare)
TERM
6/12/18
7/23/18
8/21/1R9/11/18
10/9/18
11/13/18
12/11/18
118/19
2/20/19
3/12/19
4/9/19
4/29/19
5114119
NAME
EXP.
Donald
7/1/19
X
X
X
X
O
X
X
X
X
X
X
X
X
King
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Galpin
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Latisha
7/1/21
------
------
------
------
X
0
X
X
O
X
X
X
X
McDaniel
Royceann
7/1/21
O/E
----------
-----
-----
------
-------
------
------
-------
--------
--------
-------
Porter
David
7/1/21
X
X
O
X
O
X
O
X
0
X
X
X
X
Selmer
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
MEMORANDUM
DATE: May 14, 2019
TO: City of Iowa City Council
FROM: Community Police Review Board Members
Re: proposed amendment to Ordinance 8-8, and bylaw for the Community
Police Review Board
The members of the CPRB request that the City Council consider adopting the following
proposed revisions to the CPRB ordinance and bylaws.
The following shall be added to the Ordinance as new SECTION 8-8-12:
At the beginning of each fiscal year, the City Council shall appoint one
council member to serve as a liaison to the board. The general purpose of
the liaison position shall be to help facilitate communication between the
members of CPRB and members of the City Council about the overall
makeup and function of the CPRB. The liaison will be a specific person to
contact to provide a safe and comfortable vehicle for members of CPRS to
express any concerns about the composition, cohesiveness and
effectiveness of the CPRB. This will allow the Council to receive
information needed to be aware of concerns related to the function of the
CPRB, and make decisions/changes when necessary. This will also be
especially beneficial in cases in which a CPRB member(s) do not feel
comfortable airing concerns related to the inner workings of the CPRB
openly during CPRB meetings.
2. Section 3 of Article III of the Community Police Review Board Bylaws for shall be
amended to read as follows (with additions shown in bold and underline):
Orientation for New Members. Prior to the first regular meeting
following their appointment, new members shall be provided with copies
of the ordinance creating the Board, the written policies of the Iowa City
Police Department, the Board by-laws, open records law, open meetings
law�the name of the council member appointed by the City Council to
1
serve as the liaison to the Board and other documentation that would be
useful to Board members in carrying out their duties. They shall also be
given an orientation briefing by the appropriate City staff and the Board
as deemed appropriate.
E
Item Number: 5.d.
i
CITY OE IOWA CITY
www.icgov.org
June 18, 2019
ATTACHMENTS:
Description
Economic Development Commission: January 18
CITY OF IOWA CITY
MEMORANDUM
Date: June 5, 2019
To: Mayor and City Council
From: Wendy Ford, City Council Economic Development Committee
Re: Recommendation from City Council Economic Development Committee Board
At their January 18, 2019 meeting the City Council Economic Development Committee made
the following recommendation to the City Council:
Throgmorton moved to consider recommendation for support of continued funding for
the Englert Theater and Mission Creek for fiscal years 2020, 2021, and 2022.
Cole seconded the motion. The motion carried 3-0.
Cole moved to consider recommendation for support of continued funding for the
Riverside Theatre for fiscal years 2020, 2021, and 2022.
Throgmorton seconded the motion. The motion carried 3-0.
Additional action (check one)
x No further action needed
Board or Commission is requesting Council direction
Agenda item will be was prepared by staff for Council action
s:RECform.doc
EDC January 18, 2019 1
APPROVED
MINUTES
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
JANUARY 18, 2019
EMMA HARVAT HALL, CITY HALL, 1:30 P.M.
Members Present: Rockne Cole, Susan Mims, Jim Throgmorton
Staff Present: Wendy Ford, Simon Andrew, Geoff Fruin, Erika Kubly, Tracy Hightshoe,
Eleanor Dilkes
Others Present: Adam Knight (Riverside Theatre); Amanda Lensing (Riverside Theatre);
Andre Perry (Englert Theater)
RECOMMENDATIONS TO COUNCIL:
Throgmorton moved to consider recommendation for support of continued funding for
the Englert Theater and Mission Creek for fiscal years 2020, 2021, and 2022.
Cole seconded the motion. The motion carried 3-0.
Cole moved to consider recommendation for support of continued funding for the
Riverside Theatre for fiscal years 2020, 2021, and 2022.
Throgmorton seconded the motion. The motion carried 3-0.
CALL MEETING TO ORDER:
The meeting was called to order at 1:30 P.M. Chair Mims then asked those present to introduce
themselves for the minutes.
CONSIDER APPROVAL OF MINUTES FROM THE OCTOBER 29.2018 ECONOMIC
DEVELOPMENT COMMITTEE MEETING:
Cole moved to approve the minutes from the October 29, 2018, meeting.
Throgmorton seconded the motion.
The motion carried 3-0.
Update from Enalert Theater and Mission Creek Executive Director, Andre Perry, and
recommendation for support of continued fundina:
Ford began the discussion, welcoming Andre Perry to the table. She stated that rather than this
being a formal request for funding, this is a confirmation of the FY20 budgeted amount and an
opportunity for an update on both the Englert Theater and Mission Creek, as required by the
original funding request. Perry then addressed Members. He began by reviewing the Englert's
budget and what they have been working on for their programming schedule. Perry spoke to
some of the events they held in the past year and what they plan to continue doing. Speaking to
their projected budget, Perry noted that they have revised their numbers, with a small loss for
next year of about $22,000. He clarified the reason, noting it is due to the loss of leases on their
third floor. This area is where they will be moving staff, as their operations expand. The
programming area is one where they are seeing an expansion, as well as their development
efforts. Perry talked about their attempts to increase the Englert's reach into the community for
greater community engagement. He said they have done some self-analysis to better
understand where they have had success and where they need to improve. One of the things
EDC January 18, 2019 2
APPROVED
they plan to focus on, according to Perry, is to have a more diverse part-time staff, especially
those who interact directly with the public. Throgmorton asked if they have reached out to the
area high schools, to see if there are some senior -level students who might fit those part-time
positions. Perry responded, stating that they have not yet done that, that most of the younger
staff in those positions are students at either Kirkwood or the University of Iowa. He thanked
Throgmorton for the suggestion though and said they would look into it.
Perry continued, stating one area they have been working on collaboratively is with Film Scene
to hire a shared human resources/community engagement director. This individual would be the
contact with the schools in town, neighborhood centers, various community groups, and the
University of Iowa — all to foster community engagement. Another area of focus during their
campaign, is to work on a five to 10 -year sustainability plan. Perry added that they would like to
bring their plan back to the Committee once they have a draft, just to get some input and
feedback from the City. Mims stated that she is glad the City can help the Englert Theater as
they continue to expand and grow. Throgmorton stated that he agrees with Mims' comments.
He then spoke to historic preservation and that he believes they need to think about making the
'invisible' be `visible' to the community. He shared how the Englert, and other such entities, could
play a role in this by helping the entire community to understand where they are historically and
how they got to this point. Cole then spoke, stating that he knows that when the City does put
funding into the Englert that they are going to get more than that back. He stated that both the
Englert and Mission Creek have done an excellent job with their visions and carrying through on
them. Referencing Throgmorton's comments on historic preservation, Cole stated that what has
been done with historic tax credits has been fabulous. He also commended the Englert on their
free events in the community.
Throgmorton moved to consider recommendation for support of continued funding for
the Englert Theater and Mission Creek for fiscal years 2020, 2021, and 2022.
Cole seconded the motion. The motion carried 3-0.
Update from Riverside Theatre staff, Adam Knight Artist Director and Amanda Lensing
Development Director and recommendation for support of continued funding:
Knight began the discussion, stating that he is fairly new to the area and is excited to be a part of
Riverside Theatre and the community. He stated that like the Englert, they too are always
seeking to increase diversity on their stage and in their programming. He also noted how they
plan to address this need to increase diversity within their organization. One area of
improvement, according to Knight, is that they will have more females on stage this year than
males. This also includes more female writers and female -centered stories on their stages.
Knight spoke to several shows they will be hosting this year and several collaborative ventures
they are looking into with other companies. This year Riverside will again offer free Shakespeare
to the community. Lensing then spoke to Members, stating that they have had much success
with the free Shakespeare events. They are planning to increase the food truck offerings this
year, as well as sponsors. They also have an event where Riverside actors go out to the various
schools and teach Shakespeare to the students. Lensing added that she is working with
neighborhood centers and local non -profits, as well, to help bring even more people to the
Shakespeare event. Mims thanked Riverside Theatre for their contributions to the community
and their continued efforts to engage diverse populations. Cole spoke to the free Shakespeare
event and asked what challenges they face with offering these shows. Lensing stated that it was
challenging last year mainly due to her having just come onboard. However, after it was over, it
was obvious from the contact and feedback that people were interested. There was increase in
sponsorship interest, as well. Lensing added that the greatest challenge is to just get the word
out and to get businesses onboard for sponsorships. Knight stated that this year they plan to do
EDC January 18, 2019 3
APPROVED
better at messaging — to get the word out even better, now that they know this event will be
continuing. Members spoke highly of Riverside Theatre's continued success in the community.
Throgmorton spoke briefly to Knight's short tenure with the theatre and asked what his thoughts
are so far on where they might be headed. Knight responded, stating that Riverside Theatre
takes their role as the only serious-minded professional theatre in the corridor very seriously. He
stated that what he is trying to do initially is to make sure that Riverside is part of the national
conversation in terms of what the theatre is trying to do, which is to expand the stories that they
tell. He believes that Iowa City is an interesting place, not only politically but in rethinking its
identity and trying to expand those invisible stories that are here and just haven't yet been
tapped.
Cole moved to consider recommendation for support of continued funding for the
Riverside Theatre for fiscal years 2020, 2021, and 2022. Throgmorton seconded the
motion. The motion carried 3-0.
STAFF REPORT:
a. CDBG business assistance report, memo enclosed — Kubly reviewed the CDBG
economic opportunities and the projects that are currently being funded. There is
$50,000 set aside for the CDBG economic development program. In order to qualify an
applicant's household must be at or below 80% of the area median income, the business
must be located in Iowa City, and the project must meet one of three objectives. First is
job creation for positions held by low-income persons; second is micro -enterprise
development; and third is technical assistance to a micro -enterprise. This year, the City
has funded three projects with CDBG assistance. The first is 4Cs Childcare, who will use
funds to provide technical assistance to low-income residents related to in-home
childcare opportunities. This will be a $25,000 grant that will allow them to provide job
opportunities and also provide affordable childcare opportunities for low-income families.
The other two are CDBG micro -enterprise loans. The first was to Cell Tech & Repair, who
was provided a $10,000 loan with no interest, to be repaid over seven years. The second
loan was to Iconic's, who was provided with a $5,000 loan with no interest, to be repaid
over five years. Both recipients also received help from the Small Business Development
Center, according to Kubly. Currently there is $85,000 available in the economic
development CDBG funds. Kubly stated that they have been working with the Small
Business Development Center and the University to see if they can come up with a
technical assistance program. Mims asked if there was any timeframe on when these
funds must be used. Hightshoe responded, stating that they hope with this possible
collaboration with the SBDC and the University that these funds will be used. She further
clarified what they hope to achieve with such a program. Throgmorton spoke to possible
connections between this form of investment into emerging small businesses and the
`opportunity zone' itself, what might be possible there. Fruin then spoke to the
'opportunity zone' concept and what the City's role is in that. He added that they hope
that people are drawn to those zones but that it's hard for the City to know what the
impact of such zones will be at this point. Cole then spoke to tax issues and how a small
business could get into trouble if they aren't sure how to handle their business. He spoke
to different levels of need in small businesses. Hightshoe responded to Member
questions and concerns, noting how changes have been made along the way with this
program, as needs have changed. The goal is to help these small businesses succeed,
and to have the knowledge and professional help to get them there. Cole spoke briefly to
the 4Cs program and the great need for such a service.
EDC January 18, 2019 4
APPROVED
b. Other — Ford spoke briefly to the Building Change program that was rolled out last week.
She encouraged Members to talk about the program to help get the word out. She stated
that there is a February 15 deadline for facade renovation grants, up to $50,000. There
will be an ongoing application period for the loans, which are smaller in nature and are
funded by local lending institutions. There are also two programs that downtown
businesses can apply for to the Iowa City Downtown District for, as well. Continuing,
Ford noted that there will be a workshop on January 30th that will be hosted by the
Downtown District, along with a presentation about not only their programs but the City's
as well. Ford stated that they are currently in the process of developing a draft proposal
for `urban renewal tax exemption areas for commercial zones,' not only downtown but in
other commercial areas around the community. Another current project for staff is
evaluating proposals for a downtown retail recruiter, who would help staff analyze all of
the commercial districts and help recruit appropriate businesses into empty spots, while
also figuring out how to better market some of the spaces that have been sitting empty for
some time.
COMMITTEE TIME:
Throgmorton spoke again to an article he saw in the Annals of Iowa, called `Creating a Barrio in
Iowa City, 1996 to 1936,' by Nathaniel Otjen. It focuses on the area south of the railroad tracks
in town, where there was a Hispanic neighborhood.
OTHER BUSINESS:
None.
ADJOURNMENT:
Cole moved to adjourn the meeting at 2:15 P.M.
Throgmorton seconded the motion.
Motion carried 3-0.
EDC January 18, 2019 5
APPROVED
Council Economic Development Committee
ATTENDANCE RECORD
2018-2019
Key:
X = Present
O = Absent
O/E = Absent/Excused
TERM
v
co
o
i
o40
NAME
EXP.
3
�o
V
V
V
V
00
w
Rockne Cole
01/02/18
X
X
X
X
X
X
Susan Mims
01/02/18
X
X
X
X
X
X
Jim Throgmorton
01/02/18
X
X
X
X
X
X
Key:
X = Present
O = Absent
O/E = Absent/Excused
Item Number: 5.e.
i
CITY OE IOWA CITY
www.icgov.org
June 18, 2019
ATTACHMENTS:
Description
Historic Preservation Commission: April 11
MINUTES APPROVED
HISTORIC PRESERVATION COMMISSION
EMMA J. HARVAT HALL
April 11, 2019
MEMBERS PRESENT: Kevin Boyd, Zach Builta, Sharon DeGraw, Gosia Clore, G. T. Karr,
Cecile Kuenzli, Quentin Pitzen, Lee Shope
MEMBERS ABSENT: Thomas Agran, Helen Burford
STAFF PRESENT: Jessica Bristow
OTHERS PRESENT: Robert Runciman
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
CALL TO ORDER: Chairperson Boyd called the meeting to order at 5:30 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
CERTIFICATE OF APPROPRIATENESS — CONSENT AGENDA:
1030 Bowery Street — Clark Street Conservation District (new rear entry canopy).
MOTION: Kuenzli moved to approve the project at 1030 Bowery Street as presented in
the application with the following conditions:
• Roof slope and proportion matches other roofs on the house;
• Bracket, fascia, shingle, and soffit (underside) materials match other roofs on the
house.
Clore seconded the motion. The motion carried on a vote of 8-0.
CERTIFICATE OF APPROPRIATENESS:
802 Summit Street — Summit Street Historic District (secondary entry door change to window
opening).
Bristow noted this house was discussed last year for a garage and breezeway addition. The
current project is removal of a door on the house and replacement with a window.
A view of the house from the corner was displayed. The house is on the corner of Sheridan and
Summit. Bristow said doors would be referred to as the Sheridan door and the Summit door,
and there would be the new breezeway door. She said the discussion is about removal of the
Summit Street door completely and its replacement with a window.
The applicants had discussed moving the Summit Street door, which is a formal door, to the
new breezeway addition. They also would like to have matching doors on the street side and the
breezeway. Staff would not recommend either of these suggestions, stating the breezeway door
should be a simpler door, so as not to confuse it with the front door.
Bristow shared an historic photo from the 1930s or 40s. The house had a wrap-around porch
that was reconstructed around 1996. Comparing the historic photograph to the current image,
the Sheridan door has been shortened over time. There is some suggestion that this door had a
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 2 of 9
transom above, or maybe it was a completely different door. The trim is different now than it
was. The current owners have suggested that the house was duplexed at one point in time. It is
likely that the Summit Street and Sheridan Avenue doors were used as the entries for the two
part of the duplex.
Bristow shared an historic photo showing the side of the house, Summit Street. The door could
not be seen but, because there was a pediment on the porch at this location and steps, there is
an assumption of a door here. She said typically in houses of this age, if they have a projecting
bay, if there is a cant or an angle in the bay, it had a window or door in that spot. It is not typical
to see them canted with nothing but wall in that location.
Bristow said there are a lot of the details in the Summit Street door that fit the house, so it could
be an original door to the house. It is also possible that door was added when the house was
duplexed and that there was a window there originally, despite the evidence of pediment and
steps at the porch. Because of that question, Staff suggested that it would not be the most
appropriate thing to remove the door and replace it with a window. However, because we do not
know the history, it might be acceptable to do so.
Bristow stated that the applicant wants to replace the door with a window because the door
opens inward into the dining room, making the space awkward to use. There are some issues
with draftiness that could be alleviated with a storm door and repairs to the Summit door. They
are requesting to replace it with a window that would match the other double -hung windows on
the house. It would be done at the same time as the other project.
Staff went through the exercise of possibly relocating this door to Sheridan Street, but the
contractor said it was not possible because it opens in the opposite direction and would require
changes to the interior trim and wall.
Bristow said if the door was replaced with a window, the door would either be stored with the
house or it could be salvaged.
Boyd asked for any clarifying questions from the Commission.
Kuenzli asked if they would retain the transom.
Bristow thought the transom would probably go with the door. She said if it was salvaged, it
should go as a set containing the frame, the door, and the transom.
Boyd opened the floor to public comment. There was none.
Boyd said the guidelines on doors state the original size and shape of the door opening should
be maintained; however, it might not have had that original opening. It's up to us to fill in the
gaps where the guidelines are not specific about it. Many of us may think it likely the door was
there in the 1930s.
Bristow noted the guidelines do not talk about the removal of a door because it does not often
come up; typically, they are not removed. She said there is a section that talks about the
removal of a window because sometimes that does come up. We have had times when people
wanted to remove bathroom windows and they end up just blacking out the glass and walling
over it, so the window stays there. Usually that is done because that window fits a specific
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 3 of 9
pattern of windows on the house. It would be jarring or changing the character of the house if
there was a wall where there used to be a window in a certain pattern. With the door, it's just a
little bit different, but it honestly doesn't come up that much and that's why it is not specifically
discussed in our guidelines.
DeGraw wanted to know if there was a story behind the other homes that have two doors on a
porch. She asked about the functionality of having two doors.
Bristow thought there was a function. Depending on how the living area was set up inside the
house, the space by the secondary door was likely either a dining room or a parlor. After the
meal, if you wanted to go from either the parlor or the dining room out to the porch, it was more
convenient and social to go through the secondary door than to go out the front door. That's
why those doors tended to exist, as what might be a superfluous door.
Kuenzli noted there were several examples in Goosetown and elsewhere. The Friends of
Historic Preservation rehabbed a house on Church Street that had what looked like a front door,
but it went into the kitchen, and immediately to its left, a door that went into the front parlor. The
Patrick House on Court Street has a formal front door, wrap-around porch, and a side door that
comes off the driveway closer to where the garage would have been.
Shope also noted the house at the entrance to Woodlawn as an example.
DeGraw believed changing the door to a window would remove a portion of history.
Builta believed the request was for convenience only.
Boyd said he would vote no because he believed the door was there originally.
DeGraw thought it would be possible to weatherproof the door, even from the inside, so if there
was a future owner of the home and they loved the door, the door would still be there.
Shope also believed removing the door was a matter of convenience and, as a matter of
convenience, said you could just not use the door. It could remain in place and if you did not use
it, even though it opened the wrong way, it would not be an impediment to how the dining room
was used.
MOTION: Karr moved to approve the Certificate of Appropriateness for the project at 802
Summit Street as presented in the application. Pitzen seconded the motion. The motion
failed on a vote of 3 vea-5 nay.
CERTIFICATE OF APPROPRIATENESS:
718 Davenport Street — Goosetown/Horace Mann Conservation District (garage demolition and
reconstruction).
Bristow explained 718 Davenport Street is in the Goosetown/Horace Mann Conservation District
and it is a very important Joseph Cerny house. It is individually eligible for the National Register,
so it is a key property in this district.
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 4 of 9
Bristow said the applicants need to do some work on the garage and the original conversation
began last fall about replacing the siding. She said they talked through it, took some time off,
and came back and discussed the idea of what repairs would be needed.
Bristow said the Staff report was written before she located the past project from 2014. After
reviewing the past project, she said it would not have changed her recommendation. She said
she has provided copies and would go through the past project for the Commission. She noted
this application is different than the 2014 project. If they had been the same, it would have been
pulled because it had already been denied.
Bristow shared a photo of the garage from 2014, when there was a request to demolish the
garage and replace it with a parking slab. At that time, the discussion was about the importance
of this property being built and lived in by Joseph Cerny, who was many things, including a brick
layer. There are other houses built by him. The house is currently owned by descendants, one
of which is here with us today. She owns the house and other Cerny houses.
Bristow said the Sanborn maps for this property are a little bit confusing. There are numerous
outbuildings. There is a building that was in this spot and then possibly enlarged, which could be
this building. There was another building over to the east side of the property line. It could have
been relocated to this spot and could be this building. Overall, whether this is an original barn
built by Joseph Cerny or just an historic garage, it is still an important structure. It is almost a
time capsule, but it has severely deteriorated.
Bristow showed that the site now has just the house and the garage. The garage has a gable
roof that matches the main house. There is also a flat roof. The flat roof is completely
deteriorated. She shared a current image of the back of the garage. The roof is completely
falling off. She said it must be replaced, no matter what.
The siding was evaluated. It is car siding with battens put over the joints. It has deteriorated to
the point where there are almost no parts that are not checked, rotten, and dried out.
Bristow shared another view. She noted that all the windows in the garage are multipane
sashes that are nailed in place. There is no real frame. There is no trim except for the sill. She
said it could have been a barn. It could also have been a small garage that was added on when
cars were a little bit longer. It does have a little bit of brick support. It has half -round gutters and
the nice standing seam metal roof.
Bristow said she reviewed the details of the garage with the current contractor on the project.
She said they went through and found there is not a lot of siding that could be scraped, painted,
and salvaged; very little. So suddenly we are replacing the siding. Then it was noted the flat roof
would need to be replaced. The concrete floor on the inside is all broken up and needs to be
replaced. She said they were trying to figure out how to do all of this and save the metal roof.
The underside of the eaves are rotten. Of interest, they found what looked like wood window
shutters on the inside that could be pulled across in a track.
Bristow said one of the reasons this building might be from the same time period as the house is
because its structure is reminiscent of post and beam. It uses larger lumber. This is not the
same as typical dimensional lumber. There are only verticals occasionally. There are some
cross pieces, but for all the diagonal bracing on this structure they are relying on the siding. The
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 5 of 9
tongue and groove siding acts as a structural member for building. So, when we are replacing it,
we are getting down to a few posts and beams and the roof and that's it. Bristow said that is
why Staff recommends taking it down and rebuilding. The application was put forward with a few
changes, including a slight size increase and removing the flat roof portion so it was all just one
gable roof. She said there was something about a carport in one of the drawings, but that's not
something we are discussing or something Staff would recommend.
Bristow said that whether or not the Commission would want to allow it to be taken down and
just copied as it is, with the flat roof, or if you would want to allow the changes to be made,
including the size, is something you need to discuss.
Bristow said before she knew about the previous denial, she felt it was appropriate to allow it to
be rebuilt in the larger size with the flat roof removed but with the same type of siding, same
roof, the standing seam metal, exposed rafter tails. Once she found out about the denial she
could see where the Commission might prefer to copy it instead. The garage is of a passable
size to make a nice, small garage.
Bristow said there is a lot of room on this lot if they did want to put a second garage for some
reason. Or they could build this one a little bit bigger, but they are not looking to make it a two -
car garage.
Boyd asked how much bigger the square footage of the proposal would be.
Bristow said the proposal would make it two feet wider and two feet longer.
Boyd opened the floor to public comment.
Robert Runciman, project contractor stated if they could go two feet wider and two feet longer
than the existing full footprint it would not change the appearance of things. He also said he was
thinking of getting some older, refurbished windows.
Public comment period closed by Boyd.
Kuenzli questioned the use of a flat panel, single car garage door. She did not think it would fit
this building and asked if it would have some windows in it or a recessed panel.
The contractor said it would be flat panels, not just one flat surface.
Bristow said Staff would recommend several conditions if this were to be approved. Part of the
problem with this current garage is the siding is sitting in the ground. In the Staff report it was
recommended that it would have a curb around the slab so the siding would start above grade,
probably six inches. Staff would recommend that condition and that all door, window, and
overhead door product information be approved by Staff.
MOTION: Karr moved to approve the Certificate of Appropriateness for the project at 718
East Davenport Street as presented in the application, and recommendations for a curb
on the slab, and door, window, and overhead door approval by Staff. Kuenzli seconded
the motion. The motion carried on a vote of 8-0.
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF
Minor Review — Staff Review.
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 6 of 9
217 East Davenport Street — Northside Historic District (porch roof replacement and siding
repair).
Bristow said this was just to replace the shingles on the porch roof, so temporarily they will not
match the house roof, because the house roof has old three -tab shingles. She said they will
match when they re -roof the main house. Part of the reason it needed to be re -roofed was water
damage to the inside corner of the porch and siding.
1011 Sheridan Avenue — Summit Street Historic District (roof shingle replacement)
Bristow said the house currently has wood shingles. They were put on more recently but are
deteriorating, she assumed due to ventilation issues in the attic. Bristow said they worked
through the process of possibly doing wood shingles, but it is just not possible. They will use
asphalt shingles. The existing roof had nice ridge caps that were metal. She said they were
going to try to install those with the shingle roof if possible. It depended how easily they could
remove them.
CONSIDERATION OF MINUTES FOR MARCH 14,201
MOTION: DeGraw moved to approve the minutes of the Historic Preservation Commission's
March 14, 2019 meeting. Karr seconded the motion. The motion carried on a vote of 8-0.
COMMISSION INFORMATION AND DISCUSSION:
Sanxav-Gilmore House Structural Report.
Bristow provided the Commission with the structural report that the consultant compiled for the
Sanxay-Gilmore House. She said it can be moved. A lot of the costs would be subject to what it
would be used for in the future and where it would go. She said to move a big brick house like
this, the porch columns would come out and must be put back in. They also suggested all the
chimneys should come down to the roof and then be rebuilt. They suggested the chimney
addition on the outside be removed forever, partly because it is hard to tell how well it was
attached and it could separate and fall off the side of the house. Historically, we know the
chimney did not go up the outside of the house.
The City Manager and the Mayor have been working with the University to determine whether it
could be moved. The answer from the University is discussed in the memo Bristow provided as
a handout and is part of the City Council information packet. The University has talked to the
church and for 3 to 5 years the church is going to use that space as they have been. When the
period is up or the church no longer wants to use the space, the University will require that the
house will have to be moved. The hope here is that some of the issues with where it would go
and what it would be used for could be answered. Bristow thought the Commission would need
to get involved with the community to discuss its potential use.
Kuenzli believed the moving costs would increase if it wasn't moved for a few years.
Bristow said if a location and use were determined, the City could approach the University about
moving it sooner.
Kuenzli wanted to verify that it would be moved at some point
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 7 of 9
Boyd said the way he read the memo was there was $330,000 allocated for the moving, not the
full amount, so the Council would have to allocate the remaining funds. A future Council could
decide not to do that. It is a current Council priority, but the current Council exists as it is for
another 8-9 months.
Kuenzli wondered if the current Council would allocate the extra money if it were moved now.
Bristow said their reaction to the memo was not yet known. For a project like this, a planning
committee would be needed to prepare the house for moving and to outline goals of the rehab.
She said she did not think the City had a goal to own it when it is done.
Boyd noted with the two houses that Mercy used to own on the southwest corner of
Bloomington and Gilbert, the City had a recent history of advertising and promoting the
preservation of historic properties.
Shope said the City Manager had identified a site across the street on Market, a small parking
lot, as a potential home for this house. He wondered what the University planned for that space
and the possibility of trading lots and not moving the house at all.
Bristow thought the University would want contiguous lots to give proper depth for building and
parking.
Preservation at its Best Nominations.
Bristow said a call for nominations had been received for Preservation at its Best, which is the
State award ceremony. She said she was happy to write a nomination to a project but wanted
direction from the Commission. Categories include small residential, large residential, and
commercial. It is based on rehab.
Kuenzli said if the Sanxay-Gilmore House comes to materialize it would be a prime candidate.
Bristow stated in the past we had nominated the Bowery Street Grocery Store because it
became a National Register and local landmark and was rehabbed. She said it was unique
because it was small commercial. They get a lot more nominations in residential than they do in
small commercial.
Bristow said 304 Summit Street had been nominated. It had been flipped by Kevin Hanick. She
explained a full rehab is the kind of project to look for.
Pitzen asked if it had to be one rehabilitation project or if it could be a series of small ones over
decades.
Bristow thought it had to be one rehab project.
Kuenzli suggested the log cabins.
Bristow thought they might make a good candidate.
Preserve Iowa Summit.
Bristow explained the Summit would be in Newton this year, early in June. She said registration
was open. She noted the Summit is a really good way to meet with other state-wide and
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 8 of 9
Midwest regional preservationists and to learn a little bit. At the Summit they would also see
who won the Preservation at its Best awards.
Work Plan and Downtown District.
Boyd said he and Bristow needed to do a little work on the work plan and it would be discussed
at the next meeting. Regarding the Downtown District, he said they just found out yesterday that
the University Urban and Regional Planning, a graduate program, had agreed to take on some
part of this project.
Bristow said a kickoff meeting was held with Alexa McDowell from AKAY consulting about the
National Register nomination.
ADJOURNMENT: Kuenzli moved to adjourn the meeting. Seconded by Clore.
The meeting was adjourned at 6:30 p.m.
Minutes submitted by Judy Jones
HISTORIC PRESERVATION COMMISSION
April 11, 2019
Page 9 of 9
HISTORIC PRESERVATION COMMISSION
ATTENDANCE RECORD
1414E:1PiSR7
TERM
NAME
EXP.
5/10
6/14
7/12
8/9
8/23
9/13
10/11
11/08
12/13
1/10
2/14
3/14
4/11
AGRAN,
6/30/20
X
X
O/E
X
X
X
O/E
X
X
O/E
O/E
X
O/E
THOMAS
BAKER,
ESTHER
6/30/18
X
X
--
BOYD,
KEVIN
6/30/20
X
X
X
X
X
X
X
X
X
X
X
X
BUILTA,
6/30/19
X
X
X
X
X
X
X
X
X
X
X
X
X
ZACH
BURFORD
,HELEN
6/30/21
--
--
X
X
O/E
X
O/E
X
X
X
X
O/E
CLORE,
6/30/20
X
X
X
O/E
O/E
X
O/E
X
X
O/E
X
X
X
GOSIA
DEGRAW,
SHARON
6/30/19
X
X
X
O/E
X
X
X
X
X
X
O/E
X
X
KARR, G.
6/30/20
X
X
O/E
X
X
X
X
X
X
X
X
X
X
T.
KUENZLI,
6/30/19
X
X
O/E
X
X
X
X
X
X
O/E
X
X
CECILE
MICHAUD,
PAM
6/30/18
X
X
--
--
--
--
--
--
--
--
--
--
--
PITZEN,
6/30/21
--
--
X
X
X
X
X
X
X
X
X
X
X
QUENTIN
SHOPE,
LEE
6/30/21
--
--
X
X
X
O/E
X
X
O/E
X
X
X
SWAIM,
6/30/18
X
X
--
GINALIE
WAGNER,
6/30/18
X
X
--
FRANK
i
CITY OE IOWA CITY
www.icgov.org
June 18, 2019
ATTACHMENTS:
Description
Planning & Zoning Commission: May 16
Item Number: 5.f.
r
-="—-4 CITY OF IOWA CITY
lk-
MEMORANDUM
Date: June 7, 2019
To: Mayor and City Council
From: Anne Russett, Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At their June 6, 2019 meeting the Planning & Zoning Commission approved the May 16 minutes
with the following recommendation to the City Council:
By a vote of 5-0 the Commission recommends approval of SUB19-2, an application submitted
by Allen Development for a preliminary plat of the Capital Subdivision, 1 -lot, 3.20 -acre
commercial subdivision located at the northwest corner of Highway 1 and Moss Ridge Road.
By a vote of 5-0 the Commission recommends approval of REZ18-00019, a proposal to rezone
approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650
Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family
Residential (RS -8) to Riverfront Crossings – Orchard Subdistrict (RFC -0), subject to the
following conditions:
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
2. The rezoning is contingent upon City Council approval of VAC 19-1.
3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St.
frontage to the City.
4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property.
5. Construction of a sidewalk along the Orchard St. frontage of the subject property.
6. Provision of a 30' wide access easement running in a north -south direction from the
driveway area north of the rezoning assemblage (pending right-of-way to be acquired
by M&W), down to Benton St.
7. Construction of the pedestrian street as shown in the attached concept plan.
8. Dedication of a 30' wide public access easement over the span of the pedestrian street.
9. Landscaping plan approved by City Forester to include street -lined trees in the right-of-
way.
10. The vacated land from VAC19-1 be zoned RFC -O as well.
By a vote of 5-0 the Commission recommends approval of VAC19-1, a vacation of the right-of-
way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA.
By a vote of 5-0 the Commission recommends approval of REZ19-4, a request to rezone
approximately 0.20 acres of property located at the southwest corner of E. 1st St. and S. Gilbert
St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG),
subject to the following conditions:
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St.
frontage to the City.
June 7, 2019
Page 2
By a vote of 5-0 the Commission recommends City Council forward a letter to the Johnson
County Board of Adjustment, recommending that an application submitted by S & G Materials to
Johnson County for a conditional use permit to expand its hours of operation for the mining of
sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing
conditions with a note the Johnson County Board of Adjustment address concerns regarding
amplified sound in the evenings.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
_X— Agenda item will be prepared by staff for Council action - Done
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
MAY 16, 2019 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie
Townsend
MEMBERS ABSENT: Larry Baker, Carolyn Dyer
STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett
OTHERS PRESENT: John Yapp, Mark Seabold, Ryan Wade, Randy Miller
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-0 the Commission recommends approval of SUB19-2, an application submitted by
Allen Development for a preliminary plat of the Capital Subdivision, 1 -lot, 3.20 -acre commercial
subdivision located at the northwest corner of Highway 1 and Moss Ridge Road.
By a vote of 5-0 the Commission recommends approval of REZ18-00019, a proposal to rezone
approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650
Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family
Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the
following conditions:
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
2. The rezoning is contingent upon City Council approval of VAC 19-1.
3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St.
frontage to the City.
4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property.
5. Construction of a sidewalk along the Orchard St. frontage of the subject property.
6. Provision of a 30' wide access easement running in a north -south direction from the
driveway area north of the rezoning assemblage (pending right-of-way to be acquired by
M&W), down to Benton St.
7. Construction of the pedestrian street as shown in the attached concept plan.
8. Dedication of a 30' wide public access easement over the span of the pedestrian street,
9. Landscaping plan approved by City Forester to include street -lined trees in the right-of-
way.
10. The vacated land from VAC 19-1 be zoned RFC -0 as well.
By a vote of 5-0 the Commission recommends approval of VAC19-1, a vacation of the right-of-
way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA.
By a vote of 5-0 the Commission recommends approval of REZ19-4, a request to rezone
approximately 0.20 acres of property located at the southwest corner of E. 1 st St. and S. Gilbert
St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG),
subject to the following conditions:
Planning and Zoning Commission
May 16, 2019
Page 2 of 13
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St.
frontage to the City.
By a vote of 5-0 the Commission recommends City Council forward a letter to the Johnson
County Board of Adjustment, recommending that an application submitted by S & G Materials to
Johnson County for a conditional use permit to expand its hours of operation for the mining of
sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing
conditions with a note the Johnson County Board of Adjustment address concerns regarding
amplified sound in the evenings.
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. SUB19-2:
Applicant: Allen Development
Location: Northwest corner of Moss Ridge Road and Highway 1
An application submitted by Allen Development for a Preliminary Plat and Sensitive Areas
Development Plan for the Capital Subdivision, a 1 -lot, 3.20 -acre commercial subdivision located
at the northwest corner of Moss Ridge Road and Highway 1.
Russett began the staff report with a map of the project site, as well as a zoning map of the area.
Russett noted the area was rezoned earlier this year to Commercial Highway and there were five
conditions associated with that rezoning:
1. Prior to the issuance of a certificate of occupancy, closure and removal of the access
road off of Highway 1.
2. No building permit shall be issued for the subject property until the City Council
approves a final plat thereof that conforms to the zoning boundaries.
3. General conformance with the concept plan only in that a principal building must occupy
the corner of Moss Ridge Road and Highway 1.
4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk
along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and
pedestrian ramps on the northern and southern portions of Moss Ridge Road.
5. Any development of the subject property shall be done in accordance with a detailed
landscaping plan to be approved by the City Forester to ensure the development aligns
with the comprehensive plan's goal of preserving and enhancing the entranceways to
the city.
Planning and Zoning Commission
May 16, 2019
Page 3 of 13
Russett showed the concept plan that was submitted with the rezoning and noted the area is
designated as office, research development in the City's Comprehensive Plan. It was originally
intended for office use but the rezoning went through because the area would provide
commercial support to the area employment centers that are in the area. The preliminary plat
shows the 10 -foot sidewalk along Highway 1 and a 5 -foot sidewalk along Moss Ridge Road with
pedestrian ramps and crossings across Moss Ridge Road. The preliminary plat also shows the
access from Highway 1 would be closed. Russett stated according to FEMA data, this area is
located in the 100 -year and 500 -year floodplain; however, in 2015 the property owner obtained
permits from the City to fill in the site and raise it above the 500 -year floodplain. The applicant
has summited a map revision which has been reviewed by staff and forwarded on to FEMA so
the floodplain maps will eventually be updated to show the current elevations. Regardless any
project developed on this site will have to be compliant with the City's floodplain management
ordinance if it is still in a floodplain.
Russett stated the next steps the preliminary plat and sensitive areas development plan along
with the final plat will go to City Council and if then if the applicant and developer are ready to
move forward with the site plan the stormwater management and floodplain management will be
reviewed at that time.
Staff recommends approval of SUB19-2, an application submitted by Allen Development for a
preliminary plat of the Capital Subdivision, 1 -lot, 3.20 -acre commercial subdivision located at the
northwest corner of Highway 1 and Moss Ridge Road.
Hensch opened the public hearing.
John Yapp (Allen Development) came forward to answer any questions the Commission might
have.
Hensch asked about the application for permits to raise the area above the 500 -year floodplain.
Yapp noted that was done by the previous property owner and the work has been completed.
Yapp added there may still be an area in the floodplain but that will be where the stormwater
management will be.
Hensch closed the public hearing.
Parsons moved to recommend approval of SUB19-2, an application submitted by Allen
Development for a preliminary plat of the Capital Subdivision, 1 -lot, 3.20 -acre commercial
subdivision located at the northwest corner of Highway 1 and Moss Ridge Road.
Signs seconded the motion.
A vote was taken and the motion passed 5-0.
CASE NO. REZ1B-00019:
Applicant: M&W Properties
Location: Northwest corner of Benton Street and Orchard Street
An application submitted by M&W Properties for a rezoning of approximately 1.75 acres of
property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711,
725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront
Crossings — Orchard Subdistrict (RFC -0).
Planning and Zoning Commission
May 16, 2019
Page 4 of 13
Heitner began the staff report showing an aerial view of the subject property and a map of the
surrounding zoning of the property, the current zoning is RS -8, all the properties located to the
immediate west and south are also zoned RS -8 there is an RFC -O zoning to the immediate
northeast, which was a project also completed by this applicant in the last year. The intended
development is for two multifamily buildings with a combined total of 125 units, each building
would have the zone maximum height of three stories. In terms of compliance with the
Comprehensive Plan, the Orchard Subdistrict was added to the Downtown Riverfront Crossings
Master Plan in 2016. That subdistrict encompasses properties located along Orchard Street and
Orchard Court north of Benton Street, and was created to encourage residential redevelopment
that would serve as a transition between the higher intensity mixed-use area along Riverside
Drive and the lower intensity single-family residential neighborhood to the west and south.
Heitner noted there are several Master Plan objectives associated with the Orchard Subdistrict
that deal with redevelopment that is complimentary to the mass and scale of the adjacent single
family neighborhoods, transition from larger scale mixed-use and commercial to single-family
uses and providing a high level of design in exchange for increased density. Heitner stated any
neighborhood compatibility concerns should have been addressed during the 2017 Code
Amendment process which established the Riverfront Crossings Orchard Subdistrict. He noted
form -based standards will ensure high quality residential developments, and as mentioned
earlier the maximum height for al buildings in this subdistrict is three stories with no height
bonuses allowed. With respect to transportation and access staff did request a traffic study for
the proposed development. The study determined the development would probably yield an
additional 30 to 40 trips during the AM and PM peak hours (defined as 7am to 9am and 4pm to
6pm). Staff is not looking to signalize the intersection at this time because the results of the
study do not yield a tremendous amount of additional trips and there is some concern about
having a signal at that intersection as it would create the shortest signal to signal block area in
the City. Additionally the applicant proposes to access the property development with a new
driveway that will be built on what is hoped to be a vacated City right-of-way to the north. Staff is
recommending the rezoning is contingent on approval of the right-of-way vacation. Staff is also
requesting dedication of 15 feet of right-of-way along the Benton Street frontage to match right-
of-way that was dedicated in property to the east at the Kum & Go as well as a continuation of
the 6 foot sidewalk. In addition to the right-of-way dedication staff is recommending the condition
that applicant install sidewalks built to Public Works specifications along Benton Street and
Orchard Street. Heitner added a couple more conditions staff is recommending with respect to
easements, first of which is a 30 foot wide from 330 Orchard Court south to Benton Street should
there be a need to add a private drive along this area if there is future demand. Another 30 foot
wide public easement would be required over the span of the pedestrian street.
Heitner stated next steps pending approval from the Commission, a public hearing will be
scheduled for consideration of the application from the City Council. Upon approval from the City
Council, plans for the two multi -family residential buildings will be reviewed administratively
through Site Plan Review and Design Review. Once these administrative reviews are complete,
the applicant can file for any necessary building permits.
Staff recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of
property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and
741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront
Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions:
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
Planning and Zoning Commission
May 16, 2019
Page 5 of 13
2. The rezoning is contingent upon City Council approval of VAC 19-1
3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St.
frontage to the City.
4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property.
5. Construction of a sidewalk along the Orchard St. frontage of the subject property.
6. Provision of a 30' wide access easement running in a north -south direction from the
driveway area north of the rezoning assemblage (pending right-of-way to be acquired by
M&W), down to Benton St.
7. Construction of the pedestrian street as shown in the attached concept plan.
8. Dedication of a 30' wide public access easement over the span of the pedestrian street.
Heitner noted there was a proposed condition in the staff report regarding requiring a hammer -
hear turnaround for fire/emergency response vehicles the proposed driveway area to the north of
the rezoning assemblage. That condition was dropped as staff will examine options for
emergency vehicle access during site plan review.
Hektoen noted that condition 6 is the north/south easement down to Benton Street and it is her
understanding the City owns the lot south of 330 Orchard Court so the City would have to
impose an easement on its own property, the rest of the area is what the condition is imposing
on the owner to dedicate.
Martin asked about the sidewalks and if going towards the west at that width it will run into house
there. Heitner said they do not have a concept for that sidewalk just yet, the intention is to fill in
the gaps where there are sidewalks on Orchard Street. The Benton Street sidewalk will be
pending the transition of the right-of-way and would allow for the sidewalk to be constructed.
Signs stated the intent is to have the new sidewalk connect with the old sidewalk on Benton
Street.
Hensch noted under the Orchard District summary, development character section states one of
the characters is that buildings should front tree -lined streets and there is no condition requiring
approval of a landscaping plan by the City Forester to make sure that development characteristic
is addressed. He also feels it would be wise to have a good mix of trees so that there is less
chance of a total wipe-out due to disease (such as what happened to ash trees).
Hensch questioned the need for Orchard Court to connect with Giblen Drive, it was discussed
when the last development went in and wondered if it was discussed at this time. Russett stated
it was discussed and staff decided instead of looking to access to the west to look at access to
the south and that is why they are asking for the point of access easement.
Townsend asked about a Good Neighbor Meeting, noting one was held in February 2016 for the
Comprehensive Plan Amendment but wondered if another would be held for this development.
Heitner stated it is staffs understanding the applicant does not wish to hold a Good Neighbor
Meeting for this particular rezoning. Hektoen stated the Good Neighbor Meetings were held
during the Comprehensive Plan Amendment process and changes to the Zoning Code.
Signs asked if the traffic study was done by City staff. Heitner replied it was done by an outside
consultant.
Hensch opened the public hearing.
Planning and Zoning Commission
May 16, 2019
Page 6 of 13
Mark Seabold (ShiveHattery) spoke on behalf of the applicant. He noted that during the
Comprehensive Plan Amendment and initial rezoning process they did hold a Good Neighbor
Meeting and had two Planning and Zoning meetings, the first one was deferred because of the
level of neighborhood input which drastically changed their plans. Because of all that
neighborhood input at that time he is not shocked to see no one from the public at this meeting,
the rules were established at that time and they have followed them on phase 1 of the project
and are now just looking to move forward with phases 2 and 3.
Martin noted in one of the conditions there is talk of affordable housing, would that be part of this
project. When doing affordable housing in the buildings, they have to pick a percentage of units
to meet a certain level of poverty level and when she looked at the costs of the apartments it
appears there is a very low damage deposit and wondered if that affected the affordable
housing.
Ryan Wade (M&W Properties) noted it doesn't have anything to do with affordable housing.
They have noticed over the years that when renting to professionals or graduate students they
do not need to require such large damage deposits.
Hensch asked about the landscaping plan, he noted the property to the north looks nice, and
reiterated one of the fundamental characters of the zone is tree -lined streets and wants to add a
condition of having a landscaping plan approved by the City Forester. Wade is agreeable to that
and noted they plan to go above and beyond what is required by Code.
Russett noted if the Commission would like street trees planted in the right-of-way if should be
incorporated into the condition.
Hektoen stated the vacation of the right-of-way application should also be discussed as it is a
extraneous application and should it get approved and conveyed to the applicant it should be
zoned consistent with the adjacent property and the legal description will include the vacated
right-of-way.
Hensch stated then it should be added to the vacation that the vacated right—of-way would be
zoned RFC -O.
Hensch closed the public hearing
Parsons moved to recommend approval of REZ18-00019, a proposal to rezone
approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650
Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family
Residential (RS -8) to Riverfront Crossings – Orchard Subdistrict (RFC -0), subject to the
following conditions:
11. Any new residential development in the subject area must satisfy the affordable
housing requirements set forth in section 14-2G-8 of the City Code.
12. The rezoning is contingent upon City Council approval of VAC 19-1.
13. The developer shall dedicate 15' of right-of-way along the north side of the Benton
St. frontage to the City.
14. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject
property.
15. Construction of a sidewalk along the Orchard St. frontage of the subject property.
Planning and Zoning Commission
May 16, 2019
Page 7 of 13
16. Provision of a 30' wide access easement running in a north -south direction from
the driveway area north of the rezoning assemblage (pending right-of-way to be
acquired by M&W), down to Benton St.
17. Construction of the pedestrian street as shown in the attached concept plan.
18. Dedication of a 30' wide public access easement over the span of the pedestrian
street.
19. Landscaping plan approved by City Forester to include street -lined trees in the
right-of-way.
20. The vacated land from VAC19-1 be zoned RFC -0 as well.
Signs seconded the motion.
Martin noted this application is a nice way to implement the missing middle concept that has
been discussed in the past and it will be a nice density for the area. Hensch and Parsons agreed
this will fit well into the area and a benefit to the neighborhood. Hensch noted the buildings in
phase 1 turned out exactly as shown in the concepts and are very lovely.
Signs acknowledged some concern regarding traffic at the corner of Orchard and Benton
Streets, thinking 125 units will only generate 30-40 cars during rush hour seems light. Martin
hopes with the proximity to the University perhaps it will be less vehicles and more bicycling or
walking. Hensch agreed and said when the tunnel under the railroad tracks on Riverside Drive is
complete that will encourage more people to walk. Signs also acknowledged the building in
phase 1 was done nicely and is encourage the new buildings will be just as nice.
A vote was taken and the motion passed 5-0.
CASE NO. VAC19-1:
Applicant: M&W Properties
Location: North of Benton Street, off Orchard Court.
An application submitted by M&W Properties for a vacation of approximately 4,482 square feet of
public right-of-way located north of Benton Street off of Orchard Court.
Heitner showed an aerial image of the subject property. It is a bit of irregular shape, lengthwise it
is from 310 feet to 410 feet, depending on where on Orchard Court it is measured from, the width
is about 25 feet wide narrowing down to about 10 feet further west. The applicant intends to
convert the right-of-way area into a private drive for future multifamily development, the applicant
owns the majority of the property to the south of the subject area. Heitner noted when doing
analysis on these right-of-way vacations, the following factors are to be considered:
a) Impact on pedestrian and vehicular access and circulation;
b) Impact on emergency and utility vehicle access and circulation;
c) Impact on access of adjacent private properties;
d) Desirability of right-of-way for access or circulation needs;
e) Location of utilities and other easements or restrictions on the property;
f) Any other relevant factors pertaining to the specific requested vacation.
With regards to impact on pedestrian and vehicular access and circulation Heitner stated the
right-of-way as currently situated is not being used. It is the expectation that the existing
sidewalk along the west side of Orchard Court will continue across the planned driveway
Planning and Zoning Commission
May 16, 2019
Page 8 of 13
intersection with Orchard Court. There should be no effect on pedestrian circulation on Orchard
Court. Impact on emergency and utility vehicle access and circulation would not be affected,
there is not current emergency service access provided in the right-of-way. The intended
driveway will be available to emergency personnel for individuals in the proposed development.
Impact on access of adjacent private properties is also not an issue as the right-of-way has not
been used for public use and staff has not been contacted by any adjacent residents stating they
use the right-of-way. With regards to desirability of right-of-way for access or circulation needs
Heitner stated staff is not aware of any desire from adjacent residents to maintain the right-of-
way as a means of access. Additionally City staff has no plans to build a roadway in the right-of-
way. With regards to the location of utilities and other easements or restrictions of the property
there is one utility company that has disclosed they have fiber communication lines running
beneath the right-of-way area. Unless the utility company abandons use of this area the City will
need to retain a utility easement over the utility area. Finally, for any other relevant factors
pertaining to the specific requested vacation the applicant has offered to purchase the area to be
vacated and Council will review and considered that conveyance.
In summary, the subject right-of-way is currently unimproved, and is not being used by any
adjacent residents. The applicant intends to purchase this land from the City and convert the
right- of -way area into a private driveway to provide daily and emergency service access to
residents of two planned multi -family buildings. A rezoning for 1.75 acres of land located to the
south of the right-of-way area is contingent upon City Council approval of this right- of -way
vacation. In terms of next steps, City Council will consider both the vacation and conveyance of
this land.
Staff recommends the approval of VAC 19-1, a vacation of the right-of-way west of Orchard Ct.
and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA.
Hensch asked what the original purpose of the right-of-way was. Heitner said he was not able to
find that information in his research of the property. Martin thought part of the area was already
vacated.
Hensch opened the public hearing.
Mark Seabold (ShiveHattery) came forward to answer any questions. There were no questions
for the applicant.
Hensch closed the public hearing.
Parsons moved to recommend approval of VAC19-1, a vacation of the right-of-way west of
Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA.
Townsend seconded the motion.
A vote was taken and the motion carried 5-0.
Planning and Zoning Commission
May 16, 2019
Page 9 of 13
CASE NO. REZ19-4:
Applicant: Randy Miller
Location: Southwest corner of E. 1st Street and S. Gilbert Street
An application submitted by Randy Miller for a rezoning of approximately 0.20 acres of property
located at the southwest corner of E. 1st Street and S. Gilbert Street from Intensive Commercial
(CI -1) to Riverfront Crossings — South Gilbert (RFC -SG).
Heitner showed an aerial image of the subject property. The surrounding zoning shows the
properties to the south and west have already been rezoned to RFC -SG in 2015 and 2016 and
this is the last piece of that rezoning assemblage. The proposed rezoning is intended for Phase
Three of The Crossings development. The Riverfront Crossings — South Gilbert Zone is a form -
based zone which allows for a mix of commercial and residential uses, the Zoning Code requires
retail storefront frontage along South Gilbert Street, buildings must be located close to and
oriented towards South Gilbert Street ideally with improved streetscape designs to provide an
attractive pedestrian environment or plan for this Zone and parking is situated behind or inside of
the buildings. In terms of consistency with the Comprehensive Plan, this area is designated to
be rezoned same as the other adjacent properties in the Riverfront Crossings — South Gilbert
Zone. That also concurs with the compatibility with the existing neighborhood character and
Heitner showed concepts for buildings in this development, a building completed in Phase One
and the buildings under construction in Phase Two. Heitner noted this area is shifting from a
light industrial area to a form -based mixed use area and is more pedestrian oriented. With
respect to traffic and pedestrian circulation staff is recommending a condition that 40 feet of right-
of-way on South Gilbert Street be dedicated to the City at final platting. This right-of-way
dedication is the same request that was made at 1201 and 1225 South Gilbert Street, south of
the subject property and the purpose of this condition is to keep the right-of-way contiguous.
Staff is also requiring sidewalks along East 1 st Street and South Gilberts Street frontages of the
subject property at final platting. Heitner also added any planned parking in the subject property
will be reviewed at design review.
Next steps, pending approval from this Commission, a public hearing will be scheduled for
consideration of the application from the City Council. There is currently an application to replat
Lot 6 of Phase Two of The Crossings together with the subject parcel from this rezoning
application which will come before the Commission and Council as well. Upon approval of
preliminary and final platting, the development will undergo administrative Site Plan and Design
Reviews, before building permits are issued.
Staff recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of
property located at the southwest corner of E. 1st St. and S. Gilbert St. from Intensive
Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG), subject to the
following conditions:
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St.
frontage to the City.
Parsons asked about the two buildings currently under construction to the south and if there
would be commercial on the ground floor or if the whole building is residential. Russett stated
those buildings are all residential, they are considered interior to the lot, the City has not received
any plans for the area where the commercial is required on South Gilbert Street. Parsons asked
Planning and Zoning Commission
May 16, 2019
Page 10 of 13
where the parking is for the residential buildings. Russett said the parking lot that is in front of
those two buildings will not remain and there are plans for development there.
Martin raised the issue of turning into this area from Gilbert Street and noted getting in and out of
the building that houses Red Ginger is incredibility difficult. She is also concerned about
pedestrian safety in this area. Heitner stated there would be some pedestrian infrastructure put
in place in the 40 foot right-of-way and there will be improvements from what is there currently.
Hensch opened the public hearing.
Randy Miller (3855 Locust Ridge Road, North Liberty) is the applicant for this rezoning and came
forward for questions. He noted they did removed the cement block building on the parcel and
have tried to clean up the area. The proposed building will follow the same concepts as the
other buildings in Phases One and Two.
Signs asked if the street west of building one will connect with 1 St Street. Miller confirmed it
would.
Miller also addressed the pedestrian issues and is trying to get a pedestrian crossing put in by
2nd Street and have a formal bus stop in the area.
Parsons asked about concerns for parking once the area is developed. The Alexander Lumber
parking lot was used heavily for people who go to Big Grove and once that parking lot is
development he wonders where all the people will park. Miller said they are working on some
idea, there are currently about 70 parking spaces in that lot and when the next two buildings are
done there will still be about 70 spots, they will just be around the building. He also feels once
the sidewalks are in and the park is complete more people will walk and bike to the area.
Hensch closed the public hearing.
Parsons moved to recommend approval of REZ19-4, a request to rezone approximately
0.20 acres of property located at the southwest corner of E. 1st St. and S. Gilbert St. from
Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG),
subject to the following conditions:
3. Any new residential development in the subject area must satisfy the affordable
housing requirements set forth in section 14-2G-8 of the City Code.
4. The developer shall dedicate 40' of right-of-way along the west side of the S.
Gilbert St. frontage to the City.
Townsend seconded the motion.
A vote was taken and the motion carried 5-0.
CASE NO. CU19-1:
Applicant: S & G Materials Company, Inc.
Location: 4059 Izaak Walton League Road SE, Fringe Area C
An application submitted by S & G Materials Company, Inc. for a conditional use permit for
extended hours of operation for property located at 4059 Izaak Walton League Road SE in
unincorporated Johnson County, Fringe Area C.
Planning and Zoning Commission
May 16, 2019
Page 11 of 13
Russett showed an aerial of the subject property, it is located along the Iowa River south of Iowa
City and outside the City's Growth Boundary. Most the surrounding area is zone agricultural. In
terms of background on this request and why the Commission is reviewing the application,
Russett stated the Johnson County Zoning Ordinance permits cities to review the conditional use
permits for applications within their two mile fringe area. The recommendation from this
Commission will go to Council and their recommendation will be forwarded onto the Johnson
County Board of Adjustment. In 2000 this property was granted a conditional use permit for the
sand mining operations. In 2006 there was a second conditional use permit was granted to
expand the sand mining operations and in 2010, an amendment was issued for the previous
conditional use permit to allow concrete and asphalt recycling on a temporary basis, and then in
2016, the applicant was granted a conditional use permit to conduct sand and gravel mining on
the southernmost portion of their property. The City concurred with approval of all of these
previous permits. The current request is to expand current hours of operation for the mining of
sand and gravel materials. The current hours of operation are 7 AM — 5 PM Monday through
Friday and 7 AM - 12 PM on Saturday. They are proposing new hours of 7 AM — 7 PM Monday
through Friday from March 1 — April 30 (to deal with flooding events) and October 1 — December
1 (to deal with winter storm events). The Saturday hours will remain the same. Russett also
noted all the conditions currently associated with this permit would be carried forward. Russett
showed a map from the applicant showing the areas where they are currently mining, there are
two areas, Bright Farm North and Bright Farm South and the extended hours of operation would
apply to both these areas.
Staff recommends that the City Council forward a letter to the Johnson County Board of
Adjustment, recommending that an application submitted by S & G Materials to Johnson County
for a conditional use permit to expand its hours of operation for the mining of sand and gravel
materials at 4059 Izaak Walton Road SE be approved subject to the existing conditions.
Martin questioned what the area of distance for the County to notify neighbors of changes.
Russett believes it is also 300 feet. Martin noted there are a lot of houses in that area that are
likely more than 300 feet away but in the past there have been complaints about the noise. She
asked if the extended hours would only be in cases when they are needed, in case of flooding or
storms, and Russett confirmed that was the plan.
Parson questioned the time period of October 1 — December 1 for winter storm events when
most of the snow will fall after December 1. Hensch presumes it is to get stock piles ready for
events later in the season.
Hensch asked how far it was to the Iowa City limits. Russett said it is pretty far north and not
shown on the map provided. Hensch also acknowledged disappointment that there was no
applicant representative present because he wanted to ask about a telephone on a public
address system that he can hear from his house in the south side of Iowa City and it appears to
be coming from a quarry operation. When there is a phone call it rings loudly so the workers in
the quarry can hear it but then so can all of the south side of Iowa City. He asked if the City can
put any stipulation on this approval like noise control. Martin agrees, noise concerns should be
incorporated into the letter that goes forward. Hensch noted it would be best to address it now
rather than after there are issues and complaints from neighbors.
Hensch opened the public hearing.
Seeing no one, Hensch closed the public hearing.
Planning and Zoning Commission
May 16, 2019
Page 12 of 13
Signs moved to recommend City Council forward a letter to the Johnson County Board of
Adjustment, recommending that an application submitted by S & G Materials to Johnson
County for a conditional use permit to expand its hours of operation for the mining of
sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the
existing conditions with a note the Johnson County Board of Adjustment address
concerns regarding amplified sound in the evenings.
Parsons seconded the motion.
A vote was taken and the motion carried 5-0.
CONSIDERATION OF MEETING MINUTES: APRIL 18, 2019
Townsend moved to approve the meeting minutes of April 18 2019.
Parsons seconded.
A vote was taken and the motion passed 5-0.
PLANNING AND ZONING INFORMATION:
Russett noted the Forest View rezoning and preliminary plat Council continued the public hearing
for several meetings and voted on the first consideration at the last meeting, the vote was 7-0 in
favor of the rezoning. There have been a few changes to the project, a major one is Council has
removed the gas station and that parcel of land will be dedicated to the City as public open
space. Also the three local landmark items that came before the Commission were all approved
by Council (Senior Center, Ned Aston House and City Park Cabins).
Russett also noted July 4 is on a Thursday this year, so the meeting will be rescheduled to July
3. Also staff is working on a form -based code with a consulting firm for a portion of the South
District and the consulting firm will be in town July 24 and staff is hoping to have a joint Council
and Commission work session to discuss the project.
Adjournment:
Townsend moved to adjourn.
Parsons seconded.
A vote was taken and the motion passed 5-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2018-2019
KEY:
X = Present
O = Absent
O/E = Absent/Excused
-- = Not a Member
3/15
(W.S.)
4/2
4/5
(W.S)
4/16
4/19
513
5/17
6/7
6/21
7/5
8/16
9/6
9/20
10/18
12/20
1/3
BAKER, LARRY
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
X
X
X
X
O/E
X
X
DYER, CAROLYN
O/E
X
O/E
X
X
X
X
X
O/E
X
O
O/E
O
X
X
X
FREERKS, ANN
X
X
X
X
X
O/E
X
X
X
-- --
X
SIGNS, MARK
X
X
X
X
HENSCH, MIKE
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
MARTIN, PHOEBE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
O/E
PARSONS, MAX
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
SIGNS, MARK
X
X
X
X
X
----X--
X
X
X
X
X
X
X
X
X
X
X
THEOBALD, JODIE
X
X
XX
X
X
X
O/E
-- --
-- --
-- --
-- --
-- --
TOWNSEND, BILLIE
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
X
X
X
X
X
O/E
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
-- = Not a Member
1/17
(W.S.)
2/4
2/21
3/7
3/21
4/4
4/18
5/16
BAKER, LARRY
X
X
X
X
X
X
X
O/E
DYER, CAROLYN
O/E
X
X
X
X
X
X
O/E
FREERKS, ANN
-- --
— --
-- --
-- --
-- --
-- --
-- --
-- --
HENSCH, MIKE
X
X
X
X
O/E
X
X
X
MARTIN, PHOEBE
X
O/E
X
X
X
O/E
X
X
PARSONS, MAX
X
X
X
X
X
X
X
X
SIGNS, MARK
X
X
X
X
X
O/E
X
X
THEOBALD, JODIE
-- --
-- --
-- --
-- --
-- --
-- --
__ __
__ __
TOWNSEND, BILLIE
X
X
X
O/E
X
X
X
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
-- = Not a Member