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HomeMy WebLinkAboutBd Comm. minutesMayor's Youth Employment Program Minutes Board of Directors Meeting July 20, 1988 Board Members Present: Doug Allaire, Jim Buxton, Bill Casey, Barry Kucera, Marsha La Follette, Linda Lawrence, Jan Liggett, Jacque McClure Staff Present: Peg McElroy and Sue Fitch Call to Order: Doug Allaire called the meeting to order at 4:05 P.M. I. Introductions and welcome. Present at the meeting were Mick Bowers, Iowa Conservation Corps Summer Component Environmental Coordinator and Mike Mott, Iowa Conservation Corps Summer Component Safety Coordinator, Peg Introduced them to the Board and thanked them for the time and effort they have put Into the summer program. II. Approval of minutes. Minutes of the June meeting were reviewed by the Board. Marsha La Follette and Jacque McClure moved and seconded. Motion carried/MSC III. Approval of Financial Reports. Approval of this financial report will be delayed until August since accounting for June had not been received due to the fiscal year end. IV. Additional Agenda Itemss 1. Peg passed out photographs of "Awards Night" at the City Council for the In -School Component Outstanding Students and Supervisors and the "Adopt -A -Bed" Volunteer project. 2. Peg also passed out a pamphlet for a two (2) day workshop on children with severe behavioral learning disabilities. She Invited Board members to make copies of It and attend If Interested. 3. Peg has been Informed by Jim Swaim that the cost of the telephone system has risen from the initial $600.00 approved by the Board to $1096.00; Therefore, Peg asked the Board to discuss approval of the additional $496.00. Bill Casey questioned the amount and stated that board approval would not be given until more information could be supplied concerning the significant increase. Peg will discuss this with Jim and in the mean time will disburse a check to UAY in the original amount as approved by the board. 4. MYEP will begin receiving Youth Services Foundation Board minutes. 13111 Casey will receive a copy and give updates to the board at each 'meeting. V. New Business: A new meeting time was decided upon by the Board. MYEP board meetings will be held every 4th Tuesday at 4.00 beainnino Auoust 23rd. VI. Old Business: 1. Peg passed out copies of the Director's Evaluation Report. Bill Casey explained the report page by page. Board members will read the report, Including the written evaluations made by MYEP enrollees and are free to make any comments at the next meeting. Peg listed the individuals that will receive a copy of the report. Bill Casey moved and Jim Buxton seconded the motion to approve Peg McElroy's pay raise included in the report and accept the document. All present approved. 2. Peg explained the modifications of the By -Laws. Board members reviewed them. Jan Liggett and Jim Buxton moved and seconded. Motion carried/MSC 3. Program Updatesi The Iowa Conservation Corps Summer Component ends on Friday, July 22nd. Barry Kucera has been of significant help with estimates and scaffolding construction, etc. Peg expressed her, appreciation to him for making the component a success. There will be a commemoration of proJects ceremony at the Youth Center Friday July 22nd at 8:00 a.m. The Waterloo Iowa Conservation Corps and the Herbert Hoover Youth Conservation Corps, locacted at Herbert Hoover will also participate. There will be a final party at the Reservoir Friday for the teenagers involved in the program. Peg stated that the boat dock at City Park turned out very well and explained how It was completed. The Young Adult Conservation Corps at Lake McBride is over August 5, 1988. Everything Is going smoothly. There is only one (1) unfinished project; construction of the building for the U of I Sailing Club. It is time to begin the In—School component and Peg will keep board members updated. VI. Adjourn: Jan Liggett and Jim, Buxton moved and seconded to adjourn.:-6The meeting adjourned at 4:55 p.m. Respectfully submitted, Jacque McClure Secretary/Treasurer Sue Fitch /asd 0 I MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING/PUBLIC HEARING THURSDAY, JULY 28, 1988 - 7:00 P.M. MEETING ROOM A - LIBRARY MEMBERS PRESENT: Buchanan, Cox, Gelman, Pacha, Reed, Swaim, Willis MEMBERS ABSENT: Drum, Summy STAFF PRESENT: Eggers, Craig, Jehle PLANNING COMMITTEE MEMBERS PRESENT: Orgren, Parden, Burger, Reiter, Moyers GENERAL PUBLIC: Hyman, Bovbjerg, Sanders University of Iowa students for class assignment CALL TO ORDER: President Gelman called the meeting to order at 7:04 p.m. PUBLIC HEARING ON PROPOSED FIVE-YEAR PLAN: Following the introduction of the Library Board and the Planning Committee members present, Gelman declared the public hearing on the Library's proposed five-year plan open. Gelman stated that the Planning Committee had met several times a month from September through June, 1988 and had presented its proposed five-year plan to the Library Board at the June meeting. The Board would adopt the proposed plan pending the outcome of this Public Hearing. He then asked Planning Committee member Carl Orgren to make opening remarks. Orgren reviewed the original charge to the Committee from the Board and stated that the two main sources of information were an analysis of the community, Community Trends. 1987 and a profile of the library, Iowa City Public Library Profile. 1987. Both documents were prepared by library staff to assist the Planning Committee. Orgren said that the Committee then reviewed the Assumptions, the Operating Principles (adding one which assures patron confidentiality), and the Mission Statement. Next the Committee began the selection of roles for the upcoming five-year period. Primary Roles were assigned to Young Child's Door to Learning (Youth Services) and Information Agency (Information Services). Secondary Roles were assigned to Popular Materials Library (current high -demand items) and Independent Learning Center (self -education and personal enrichment). Ann Bovbjerg asked about the projected use of volunteers during the next five years. Eggers responded that the intent is to maintain the current level and modify later if the current pool of applicants drops. Currently we are at a maximum point of efficiency. Bovbjerg stressed the importance of maintaining the budget for volunteer coordination. Richard Hyman congratulated the Committee for its thorough and thoughtful report and asked what the Committee sees as the anticipated demand for service in the next five years. Will the facilities be adequate? Eggers and Gelman both stated that the plan addresses this issue by requiring that a Facilities /a5% MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES JULY 28, 1988 PAGE 2 Planning Committee be established to review facilities and equipment needs as stated in Goal 11. This Committee is to have a long-term facilities plan ready for Board approval by June 30, 1991. Gelman stated that the Objectives and Tasks outlined in the report are for the first two years only and that new Objectives and Tasks will be formed before the end of that period. Gelman declared the public hearing closed at 7:28 p.m., thanked those in the audience for their attendance and invited them to stay for the Board meeting if they wished. MINUTES AND DISBURSEMENTS: The minutes of the regular meeting of June 23, 1988, were approved. Swaim/Reed. The library disbursements for June, 1988 were approved. Pacha/Swaim. DIRECTOR'S REPORT: 1. Eggers gave an overview of the ALA (American Library Association) annual meeting in New Orleans July 8-12 which she and Foundation Executive Director Pat Forsythe attended. 2. Eggers reviewed the three staff openings and the progress being made in filling them. Barb Black accepted and has begun a half-time position as a Youth Services and Information Services Librarian. Black formerly was the Librarian at Regina High School. Craig Johnson of the library staff has accepted a temporary position of Library Assistant III combining hours in the Children's Room with cataloging children's materials in Technical Services. This position will be re -opened in the spring. The only position left unfilled is that of Youth Services Coordinator. The final candidate for this position will be interviewed tomorrow and it is hoped that a decision can be reached within the next week so the new person can be on staff by mid-September. 3. The East Central Regional Library Board of Trustees has one opening for a four year term for a person to represent Johnson, Iowa and Cedar counties. Interested candidates must obtain nomination papers at their county courthouse and have the completed papers returned to the courthouse by September 9 in order to be on the November ballot. Ed Zastrow is the other representative from this area and has two years remaining on his term. 4. The decision regarding an appropriate permanent memorial to honor Hazel Westgate, former Children's Librarian, has been postponed. A deadline of Spring, 1989 has been suggested for the memorial to be in place and an event held to dedicate the memorial. /as7 MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES JULY 28, 1988 PAGE 3 5. Eggers reviewed the Lost and Damaged Fund and stated that the current balance was nearly $5,000. This balance is the result of patron payments to the library for materials which they have either lost or which have been damaged while in their possession. It is a revolving fund which also pays for the collection services necessary for retrieval of materials. Eggers asked for Board approval to use $3,200 from this fund to purchase additional shelving for the non- fiction video collection. The Board gave unanimous approval. Willis/Cox. 6. Eggers announced a new library offering, the Fiction Express, which has been given high -visibility space on the first floor. This will be a revolving collection which the library will lease from a regular library book supplier. This leasing package will allow the library to add titles monthly of new best sellers and popular fiction. The library will have the option of buying or returning the materials at the end of the lease period. 7. The McArthur Foundation collection of video classics has been processed and is now available for check-out. The library was able to purchase this 12 -series collection at a 90% discount through the generosity of the McArthur Foundation. Total cost to the library was $6,000 for such PBS classics as Jewel in the Crown, The Story of English and I Claudius. PRESIDENT'S REPORT: 1. Gelman listed the following issues which need to be addressed by the Board during the upcoming year: - Financial - Budgeting should be tied into the City's three-year planning cycle. - Facilities - An ad-hoc Board committee should develop a charge for a Facilities Planning Committee which will prepare a facilities plan for Board approval by June 30, 1991. - Development Office - The Board should lend whatever support is needed to finalize the orderly transfer of some duties and responsibilities to the new Library Development Office by July 1, 1989. This will be a major element of the FY90 budget proposal. - Cable Access Center - Continue to monitor events related to the possible transfer of responsibility for management to a non-profit organization and maintain the Board's position that it would agree to serve as the NPO if requested by the City Council. /as7 MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES JULY 28, 1988 PAGE 4 Gelman suggested that the "annual" dinner for Board members be held following the August Board meeting and that Planning Committee members be invited to attend in appreciation of their efforts in preparing the Library's five-year plan. The Board meeting will be at 4:00 p.m. on August 25 and the dinner will follow at 6:30 p.m. FRIENDS REPORT: Eggers reported that the FRIENDS have recently made their second $5,000 pledge to the Foundation Endowment Fund. New FRIENDS officers are President, Linda Crim; President -Elect, Maggie Hogan; Vice -President, Suzanne Ackermann. Programming for the upcoming year was the main discussion item at the recent Board meeting. FOUNDATION REPORT: Eggers reminded the Board that the Iowa City Public Library Foundation had been the recipient of an NEH Challenge Grant last year. Eggers recently returned from Washington where she served on a panel to review 16 NEH Challenge Grant applications for public libraries and cultural institutions. The panel's recommendations go to the NEH Council for final selection. LIBRARY HOURS FOR MINOR HOLIDAYS: The Board reviewed information provided by staff regarding costs and staffing implications for re -opening the library on three minor holidays - Veteran's Day, the day following Thanksgiving and President's Day. Following discussion, the Board approved re -opening the library on these minor holidays with staffing to be similar to Saturday staffing. Any staffperson not needed at a public service desk will be expected to take the day as a holiday. Those working will accrue the holiday and take the time off at a later date. This change becomes effective immediately. Reed/Buchanan. ADOPTION OF FIVE-YEAR PLAN "ON TRACK FOR THE 90's": The Board unanimously approved the adoption of the Planning Committee's report and expressed appreciation for the Committee's commitment of time and energy. Buchanan/Willis. GOALS AND ACCOMPLISHMENTS FOR FY89 ANNUAL REPORT: The Board discussed possible items to include in its annual report to the City Council. This report is also included in the Library's Annual Report which will be printed by mid-August. Eggers will prepare a draft of this document for review by Board members in the next week. /0? s7 MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES JULY 28, 1988 PAGE 5 ADJOURNMENT: I' The meeting was adjourned at 8:40 p.m. EXT MEETING: Thursday, August 25 at 4:00 p.m. in the Administrative Conference Room at the Library. �as7 1 MINUTES PARKS AND RECREATION COMMISSION JULY 13, 1988 MEMBERS PRESENT: Dotson, Henry, Hesse, Hradek, Malloy, Steinbrech, Watson, Weideman, Willis STAFF PRESENT: Coffin, Ertz, Honohan, Howell, Kriz, Moran, Trueblood GUESTS PRESENT: Richard Rogers, Vanita Cheung FORMAL ACTION TAKEN: Moved by Hesse, seconded by Weideman. to approve the minutes of the June 18. 1988 meeting. Unanimous. NON-RESIDENT Trueblood distributed and reviewed a non-resident fee FEES: survey that was conducted by staff. (Youth sports should be added to survey under Iowa City's list of programs/activities where a non-resident fee is not charged.) Trueblood noted that most communities listed on the survey that do not charge a non-resident fee, gave residents preferential treatment by having an early registration period for residents only. Presently, Iowa City does not have such a policy. Trueblood stated that whether or not an adjustment is made to the non-resident fee policy, an early registration period for residents should possibly be considered. Also, there are inconsistencies as to what programs/activities a non-resident fee is charged or not charged, which need to be corrected. Watson asked about the total revenue received from non-resident fees. Staff is presently working on compiling this information. Trueblood estimated the total revenue to be between ;8,000-;10,000. Steinbrech stated he would like the previous fees and charges sub -committee that was established some years ago, to review the policy and make a recommendation to the Commission prior to the budget process. Willis stated the issue the commission needs to discuss before it starts assigning a sub -committee, is whether, from a general point of view, a non-resident is different than a resident. Each commission member expressed their viewpoint. The consensus of the commission was that residents should receive some form of preferential treatment in most cases. Some commission members expressed reservations about charging a non-resident fee for youth programs/activities, when the child may not have access to similar facilities or programs in their community. Willis stated he felt full commission time was warranted on this issue, and the commission should establish a time table in conjunction with the budgetary process. Watson stated the city has an obligation to Iowa City taxpayers to collect non-resident fees when it can and when it's practical. Although, he felt if the non-resident fee was raised too high, it would be a deterrent and possibly hurt in the long run. Malloy asked if staff knew of any city that utilized a user card for non-residents. Trueblood stated he was not aware of any community in Iowa doing so, but offered to contact surrounding states. All information requested on non-resident fees will be available at the September meeting. The commission stated they would like to receive, at some point, staff's recommendation as to non-resident fees and policy. FISHING ACCESS Steinbrech reviewed minutes from a previous Riverfront PETITION: Commission meeting regarding public concern that people are loosing fishing access to the river. The Riverfront Commission was presented with a petition last year, and was approached again this year by Merle Neubauer, a local fisherman, requesting action to improve fishing access below the Burlington Street dam and at the mouth of Ralston Creek on Iowa River. Ownership of these areas was questioned. Dotson stated the Parkland Committee would look at these areas and report back to the commission at a later date. 1988 PARK TOUR: Steinbrech asked for general comments regarding this year's park tour. The consensus of the commission was that the park tour was educational and appreciated the work that went into it. Trueblood stated he had received the report from Terracon regarding renovation of the City Park tennis courts. Terracon's recommendation is that the tennis courts be completely demolished and replaced. The department does not have the money budgeted to do so. Trueblood stated he would be setting up a meeting with Terracon, the City Engineer and staff to review Terracon's recommendation to see if there may be other options possible. Steinbrech asked if staff had received approval to demolish the old City Park pool building. Staff has not yet received a response, but do not anticipate any problems. Henry stated he had heard a good suggestion to establish this area into a drop-off area as at the Mercer Park Aquatic Center. COMMISSION TIME: Steinbrech stated "Commission Time" would be a new item added to each month's agenda. Time will be allotted at each meeting for members to make comments on anything they may want to. Malloy stated she had heard nothing but positive comments about Mercer Park Aquatic Center ra lase I and City Park Pool. Watson asked for clarification of what was discussed at last month's meeting regarding a phone call some members received pertaining to a family swim pass. He also indicated he would like to compare usage of Mercer Park Aquatic Center and City Park pool to two years ago. Willis stated he would like to review the operating expenses for the Mercer Park Aquatic Center to see if we are close to our projections. He also expressed his personal thanks and appreciation to Karen Hradek for all her hard work on the American -Soviet Peace Walk, and stated that in his opinion, it was one of the most significant things that had happened in a long time. Hradek talked about a few of her experiences on the American -Soviet Peace Walk. She thanked Trueblood and staff for their extreme generosity and arrangements which were made for the walk. She also expressed her thanks to the community for making it work. Weideman noted a positive thing she observed on t.v., Iowa City Swim Club's i first invitational swim meet, the Armbruster, which was held at the Mercer Park Aquatic Center. CHAIRMAN'S Steinbrech extended the commission's thanks and REPORT: appreciation to Susan Horowitz for attending this year's park tour. DIRECTOR'S Trueblood reported on the following: REPORT: Reno Street Park: On July 11th, employees of the Parks Division started removing the old wooden play equipment, which was splintered and discovered to be rotting below the surface. Staff did not realize that a neighborhood group had developed the park many years ago. Trueblood stated he was contacted by an individual in this neighborhood who informed him of this. Trueblood stated he would be meeting with the neighborhood at the park to discuss what the neighborhood would like to see done in the park. Boy Scouts of America: The Boy Scouts of America (BSA) has submitted a request to conduct a Boy Scout camporee in lower City Park, September 30 -October 2, for approximately 200 Boy Scouts and their leaders. They would be arriving on a Friday evening, camping out, and leaving on Sunday morning. Staff does not see any problem in allowing the camporee, but indicated the BSA would need to obtain special permission to camp overnight. Willis asked if they could have this in a park that is less used. Trueblood stated that it was the BSA's preference to have it in lower City Park. Trueblood asked if the commission had any concerns. None were expressed. -3- /aSB ADJOURNMENT: Pool Blanket: The pool blanket at the Mercer Park Aquatic Center will be installed in the near future. Malloy stated she had asked the School Board if the School District would be eligible to apply for federal funding for energy savings with regard to the pool blanket, and discovered they would not be eligible unless they paid for the pool blanket. Moved by Dotson, seconded by Henry, to adjourn. 1 7-13-88 NON—RESIDENT FEE SURVEY Conducted by Iowa City Parks and Recreation Department /a58' Do you assess any How much, and for what non-resident fees? programs activities, etc.? Ames Yes $5.00 per individual, per program, all ages. Non-resident fees are NOT charged for special events or facility admissions. People are considered residents if they live within the city limits or school district boundaries. Bettendorf Yes $5.00 per individual for adult softball program. They did charge other non-resident fees, but all have been eliminated due to "change in attitude of city administration." Cedar Falls Yes $5.00 for season swim pass; $2.00 for drop-in gym usage. Cedar Rapids No N.A. Clinton Yes 50% additional for most programs, all ages. $5.00 per individual, per season for adult sports leagues, unless entry fee is paid by a local business, in which case the non-resident fee is waived. Non-resident fees are NOT charged for daily admissions to swimming pools. Coralville Yes 20 to 25% additional for most programs; $5.00 per individual, per season for adult sports, with a maximum of $75.00 per team; swim passes = $20.00/individual, $40.00/family. Council Bluffs No N•A• Davenport No N.A. /a58' Des Moines Dubuque Iowa City Marion Marshalltown Mason City Muscatine Sioux City Waterloo I West Des Moines Yes Non-resident fee is charged when feasible, and when market allows - usually 50% higher than resident fee. $5.00 per individual, per season for adult sports. 50% additional for passes. Yes $13.00 per individual for adult sports; fee is transferable, and is a once -per -year fee for all adult sports leagues. Yes Most programs: fee is doubled, but not to exceed $5.00. Swim passes: 50% additional. Adult sports leagues: $5.00 per individual, per season. Non-resident fees are NOT charged for special events, daily admissions, facility and equipment reservations, special populations programs, punch cards, garden plots and farmers' market. No N.A. No N.A. No N.A. Yes 50% additional for most programs, not to exceed $10.00. Non-resident fees are NOT charged for daily admissions, special events, clinics, or sports leagues. No N.A. No N.A. Yes $2.00 to $5.00 per individual, per season, for adult sports leagues. DEFINITION: To our knowledge, in all cases except Ames, a resident is defined as an individual residing within the corporate limits of the city. NOTE: Most communities which do not charge non-resident fees, accommodate their residents by conducting early registration periods for residents only. -2- /ash I _. MINUTES PLANNING & ZONING COMMISSION FORMAL MEETING JUNE 13, 1988 - 10:25 P.M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: Clark, Cook, Cooper, Dierks MEMBERS ABSENT: Hebert, Scott, Wallace STAFF PRESENT: Beagle, Boyle, Moen, Kritz CALL TO ORDER: Vice Chairperson Dierks called the meeting to order at 10:25 p.m. RECOMMENDATIONS TO COUNCIL: 1. Recommend approval of a request submitted by JMB Property Management Company for approval of a preliminary and final Large Scale Non - Residential Development Plan for the Sycamore Mall expansion. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public discussion. DEVELOPMENT ITEM: 5-8822. Public discussion of a request submitted by JMB Property Manage- ment Company for approval of a preliminary and final Large Scale Non - Residential Development plan for the Sycamore Mall Expansion, a 6,557 square foot expansion to the existing facility located north of Highway 6 and east of Sycamore Street. (45 -day limitation period: July 8, 1988.) Moen reviewed the staff report of June 16, 1988, Vice Chairperson Dierks opened the meeting for public discussion. There were no comments. Cook moved to approve 5-8822 due to the unique economic development opportunity this proposal presents, the recent Planning and Zoning Commission recess which has caused scheduling delays, and the imperatives of the site and the proposed expansion. In addition, it is the express wish of the Planning and Zoning Commission not to set a precedent with this special meeting. With these qualifications we move to approve the proposed expansion of Sycamore Mall in accordance with the Amended Preliminary Large Scale Non -Residential Development plan for an addition to Sycamore Mall provided and subject to resolution of outstanding plan deficiencies. Cooper seconded the motion. Clark stated that he believes the Planning and Zoning Commission is setting a precedent by having this special meeting and that the Commis- sion, as a result, will have to deal with requests for expedited consideration again in the future. The motion passed 4-0. IAS9 9 Planning & Zoning Commission June 13, 1988 Page 2 OTHER BUSINESS: There was no further business. Cook moved to adjourn the meeting. Cooper seconded the motion. The motion carried 4-0. The meeting was adjourned at 10:37 p.m. Minutes submitted by Kyle L. Kritz. Approved by: Kenneth Cooper MINUTES BOARD OF ADJUSTMENT JULY 13, 1988 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Mask, Messier, Pelton, Winegarden MEMBERS ABSENT: Randall STAFF PRESENT: Boyle, Moen, Rockwell, Michel CALL TO ORDER: The Board of Adjustment meeting was called to order by Vice Chairperson Susan Mask at 4:31 p.m. on July 13, 1988. CONSIDERATION OF THE MINUTES OF JUNE 8. 1988: Mask suggested that consideration be deferred because the minutes had inadvertently been left out of the Board meeting packet. Consequently, the Board had had no opportunity for review. Pelton moved and Messier seconded the motion to defer consideration of the June 8-9, 1988, minutes to the August 10, 1988, Board meeting. The motion passed unanimously. DEFERRED ITEMS: 1. SE -8812. Public hearing on a request submitted by Merlin Haran for a special exception to reduce the minimum front yard requirements of the RS -5 zone for five lots within Samuel Drive Subdivision, generally located west of Oaklawn Avenue on Samuel Drive Extended. The applicant had requested a deferral pending a rezoning of the property. Winegarden moved to defer SE -8812 until the September 14, 1988, Board of Adjustment meeting. Pelton seconded. The motion passed unanimously by a 4-0 vote. 2. V-8806. Public hearing on a request submitted by Thor, Inc. for a variance to modify the sign requirements for property located at 1445 Boyrum Street to permit a drive-thru restaurant menu sign that exceeds the size limitations of the Zoning Ordinance. The applicant requested a deferral to August 10, 1988, pending a decision by the Iowa City Zoning Interpretation Panel concerning sign requirements for menu boards. Moen stated the reason the applicant requested a deferral was because he was interested in pursuing with the Zoning Code Interpretation Panel the issue of whether the menu board as proposed is actually a sign by the definition of the Zoning Ordinance and therefore subject to the sign regulations of the Ordinance. Messier moved to defer V-8806 to the August 10, 1988, Board of Adjustment meeting. Winegarden seconded. The motion passed unanimously by a 4-0 vote. 9 Board of Adjustment July 13, 1988 Page 2 SPECIAL EXCEPTION: SE -8814. Public hearing on a request submitted by Stefan and Sheri Foster for a special exception to modify the yard requirements along Sycamore Street to allow construction of an eight -foot high fence for property in the RS -5 zone at 1514 Spruce Street. Rockwell reviewed the staff report dated July 13, 1988. Pelton moved to approve SE -8814 to modify the front yard requirements from 20 feet to 5 feet along Sycamore Street to permit construction of an eight - foot privacy fence for property located in the RS -5 zone at 1514 Spruce Street, subject to the following conditions: 1. That the reduction be restricted to the location of the fence. All other buildings and structures are subject to the setback requirements of the RS -5 zone. 2. That the special exception apply only to the fence and continue to be valid as long as the fence is not enlarged, extended or otherwise expanded. The fence may be removed, reduced in height or set back further from Sycamore Street. Winegarden seconded. Mask stated that she agreed with the staff's recommendation. The proposed special exception did not seem to create any substantial inconsistency with Code requirements and was in general harmony with the character of the neighborhood. The motion passed unanimously by a 4-0 vote. VARIANCE ITEM: V-8805. Public hearing on a request submitted by Tom Yates and Gloria Escarza for a variance to increase the density of a lot in the RS -8 zone for property located at 703 George Street. Rockwell presented the staff report dated July 13, 1988. Staff recommended that the variance request to increase the density of the lot located at 703 George Street be denied. Rockwell stated that all the complaints received from the public, except one, had been for disapproval of the variance. Philip Leff, R.R. 6. Iowa City, stated he was the attorney for the applicants and that the issue at hand was a very unique factual situation. Leff reviewed the facts found in the City files pertaining to the case. He stated the current owner had not been involved with much of the property's history dating back to the issuance of a permit in 1966 to remodel the property. Leff stated the staff report indicated the dwelling consisted of more than two units. However, it is difficult to interpret some of the handwriting in records that were made over 20 years ago. There were some discrepancies as to how the property had been referred to in the City records. Board of Adjustment July 13, 1988 Page 3 Leff informed the Board that the application for a permit by Mr. Fraleigh in 1966 stated that the purpose of the permit was to make alterations to the interior of the basement. Staff concluded that there was no way to tell from the permit that the interior altera- tions were intended to make two dwelling units in the basement. Leff discussed two hand drawings that were attached to the staff report that he believed were part of the 1966 application. The rough drawing of the first and second floors of 703 George Street clearly divided the basement into two separate living units, consisting of two kitchens, two bedrooms and all the rooms you would expect to find in two separate dwelling units. Mr. Fraleigh's affidavit stated that the remodeling was done for the purpose of constructing two separate dwelling units in the basement and the drawings were consistent with the affidavit. Since 1966, the property has had two separate units in the basement and has been occupied in that manner. Leff said this is consistent with the building permit and the drawings attached to it. Leff stated the property had been inspected by the City a number of times and he felt that any building inspector should be able to look at the basement and ascertain that there were two dwelling units there. Leff stated, contrary to the statement made in the staff report, that while Mr. Yates was the owner of the property, there had been an inspection made and at that time the structure was functioning as a triplex. The owner had been present during all three inspections. The structure has functioned as a triplex with the owners living upstairs and renting the two basement units. Leff stated he felt the City knew full well that this structure functioned as a triplex. There was a rental permit signed by Fraleigh dated June 1982 which listed the property as a family dwelling with three units. On the same date, there was another document signed by Mr. Fraleigh which has "duplex" checked. Leff questioned why the City inspector never cleared up this discrepancy during inspection of the property. Leff felt that City inspectors are usually very tough and stated that there were some violations cited in the file. One of the inspectors made a note which stated that the dwelling was listed as a duplex, but was being occupied as a "multiple." Leff stated it appeared that the City issued a building permit which was followed by the construction of two dwelling units in the basement. Leff asserted that the fact this case had a 2-2 vote by the Board of Adjustment in 1982 indicated that at least two members of the Board must have given some consideration to the views and opinions of Mr. Fraleigh. No notice of violation had been served until recently. It was the Yates' desire to continue the use of the property as a triplex, but not in a way that was contrary to the technical language of the Zoning Ordinance. For that reason, the applicants were requesting the Board to legitimize what had existed in fact since 1966. The approval of the variance would not change how the property has been occupied or used. It would continue to exist in the same form, have the same number of parking requirements and off-street parking could 10744 Board of Adjustment July 13, 1988 Page 4 be provided. He stated the City was a partner in the controversial, continuing use of the property as a triplex and this constituted the unique hardship that exists for the property owner. The diminution of value referred to in the staff report in Leff's opinion was not a correct interpretation of the case law. Leff felt the problems with the property created a financial hardship. He questioned whether the property value needed to be diminished to the point of eliminating all productive use in order to qualify as a hardship. There was evidence submitted in the application demonstrating that the property would decrease in value if it could only be used as a duplex or a single family unit. According to Leff, this would constitute a substantial reduction in the property value if the owner had to comply with zoning requirements. Leff did not feel that this case would set a precedent because the case was so unique. The Yates were simply trying to legitimize their case and so he asked the City to give them the benefit of the doubt in using the property as a triplex. Harold Heick. 1214Oakcrest, stated George Street is a very narrow street with parking on one side. Benton Street has a lot of traffic on it going to the hospital and football games. Oakcrest is a bus route and occasionally fire trucks also come down the street. Both George Street and Oakcrest are parked full of cars not only from the apartments but also from Oaknoll employees. He felt Oaknoll should also have to have parking on their property to open up the streets. This block is very narrow and difficult to meet cars on and it was for this reason he hoped the Board would deny the variance. Loran Rodman, 1301 Oakcrest, asked how many parking spaces were required for each apartment. Rockwell responded that small apart- ments required 1.5 off-street parking spaces. Rodman thought this requirement was violated very badly because there was only one parking place in the driveway. People down the street also park on this section of the street. He stated there were not 41 parking spaces provided on the 703 George Street property. He felt this was a very serious problem and he hoped this variance would be turned down because he and his neighbors did not need the congestion on the street. Graver Rosenkild, 719George St., read a letter into the record he had written to the Board objecting to the variance being requested: "Gentlemen, we are responding to your letter of July 1, regarding the application for a variance at 703 George Street. We bought and moved into our house on George Street 13 years ago. Of the 11 homes in our block, 6 of them have been occupied by their owners for at least that long. These are 701, 703, 706, 708, 709, and 724. We cherish these as our permanent homes. The area is zoned RS -8, medium density single-family residential. Special provisions permit conversion to duplexes. This is sufficient since our small lots already contribute to the population density. The 703 George Street address is the second house from ours. We plead with you to reject the request to permit the three dwelling unit there." /a4o Board of Adjustment July 13, 1988 Page 5 Gloria Escarza, 703 George St., stated she appreciated the concerns of her neighbors about the parking problems in the area. She stated that operating the structure as a triplex was not really contributing to the parking problem because the tenants could park their cars in the driveway. She stated that the next door neighbor has a dance studio in her basement which contributes to the parking problem. She agreed there is congestion on George Street, but felt that Oaknoll was the main problem in the area. Judy McKim, 706 George St., stated she lives directly across the street from the property in question on George Street. Her first point was that she did not like people parking in front of her driveway because the Yates only had room for one car. She felt the tenants park in front of her house. She asked if the current owners knew of the two violations at the time they bought the house. Tom Yates. 703 George St., stated he was the owner of the property at 703 George Street. He stated the answer to the question posed by Ms. McKim was yes, with the qualification that he hadn't understood the problem. The triplex use had been brought up by another prospective buyer and at the time of the closing he didn't recall the issue being brought up again. He asked about this issue, but he received no clear answers. Pelton asked if he was represented by counsel at that time. Yates responded yes, and stated that no one knew the effect of this problem. Pelton asked if Yates bought the property regardless of the uncertainty. Yates responded yes, that the uncertainty was there. Rockwell clarified a number of points which had been made. In 1966 when the building permit was issued for alterations in the basement, there was no indication that there would be two units in the base- ment. The hand drawings were submitted with the request for a variance In 1982, so the City did not have on record in 1966 what the alterations would be. In addition, no plumbing permit was issued or applied for on the third unit. Mask asked if there was a blank space left on the application for use and purpose and she also questioned how extensive a description was normally requested. Rockwell stated the information was very sketchy and gave no indication about establishing dwelling units there. In addition, in 1983, money was refunded to the owners of the property, because the inspector felt the unit was being used as a duplex. In 1985, the inspectors' recollection was that one unit was vacant, not being used; that the structure was being used as a duplex. All permits signed and issued were for a duplex, not a triplex. Pelton questioned what the money was refunded for. Rockwell replied that the rental fee cost more for a triplex than it did for a duplex. Mask questioned who had made the corrections on the permit changing the status from multi -family to duplex. No one knew. Philip Leff R.R. 6, Iowa City, stated that if you look at the 1966 application, it lists the area as zoned R3 -A, multiple -family zone and it was signed by the building inspector. This was for the 102 (0 e Board of Adjustment July 13, 1988 Page 6 interior alterations to the basement. The R3 zone was at that time a multiple -family zone. He stated again this was one set of messed up records. He said he could not argue with staff that the papers could have been attached or not attached at any certain time frame. He understood that .all building alterations were accompanied by some kind of drawing of the alterations. Mask questioned what type of information was recorded at that time for a building permit. Boyle stated that some idea of the plans and specifications were needed because that was what was reviewed prior to the issuance of a permit. Winegarden questioned how often rental permits had to be applied for. Rockwell stated she thought it was every three years. Boyle pointed out that the City did not inspect duplexes before 1981. Gloria Escarza, stated the dwelling was inspected in 1983, and at that time there were three units being fully occupied. Dick Hupfeld. 3 Mt. Vernon Ct., stated he was a realtor for the Yates. He discussed how the property would be diminished in value as a result of the duplex status; that a purchase offer had been withdrawn because of this situation. He felt it was not a hidden issue; that the City staff was aware of the situation, but pretended it didn't exist. The City was a partner in this mistake. Pelton stated that the applicants appeared to be requesting that the Board ratify a continuing illegal use. He felt the situation was the owners' responsibility. They knew of the problem, but didn't resolve it prior to purchasing the property. Pelton stated that the applicants had failed to fulfill the three tests needed to grant a variance. Pelton stated that the Board's decision must be based on the law and the standards set forth for granting variances. Mask stated that she felt the hardship was caused by the predecessor in title. Ninegarden moved to approve V-8805, a request submitted by Tom Yates and Gloria Escarza for a variance to increase the density of a lot in the RS -8 zone for a property located at 703 George St. Pelton seconded. The motion was denied by a 0-3-1 vote. Messier abstained. The meeting adjourned at 5:48 PM. Minutes submitted by Greg Michel. /a 40