Loading...
HomeMy WebLinkAbout2008-08-28 Info Packet1 ~ ~~. ®dl~ r:ui~' ~ •~~°~~~ -.~.~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET August 28, 2008 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Letter from Mayor Bailey to Ms. Dawn Harper: Congratulations IP3 Letter from Mayor Bailey to Ms. Shawn Johnson: Congratulations IP4 Email from Marc Linder: Smoking on sidewalks on grounds of public buildings [City Attorney response included] IP5 Report from Auditor of State David A. Vaudt: Budgeting -Iowa's Future [submitted by the City Manager] IP6 Agenda: Johnson/Linn County Public Leadership Group Meeting September 4, 2008 IP7 Memorandum from the Recycling Coordinator to the City Manager: Rummage in the Ramp 2008 summary IP8 Invitation: The Annual CIVIC Fundraising Dinner September 3, 2008 DRAFT MINUTES IP9 Historic Preservation Commission: August 14, 2008 "'"'®'~~ City Council Meeting Schedule and IP1 CITY OF IOWA CITY Work Session Agendas August 28, zoos www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHAIWGE • MONDAY, SEPTEMBER 8 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, SEPTEMBER 9 Emma J. Harvat Hall 5:30p Special Formal (separate agenda posted) • Executive Session (Evaluation -City Attorney & City Clerk) 7:OOp Special Formal Council Meeting • MONDAY, SEPTEMBER 22 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, SEPTEMBER 23 Emma J. Harvat Hall 5:30p Special Formal (separate agenda posted) ^ Executive Session (Evaluation -City Manager) 7:OOp Special Formal Council Meeting • SATURDAY, OCTOBER 4 Quality Inn and Suites TBD Council Retreat • MONDAY, OCTOBER 6 Emma J. Harvat Hall 5:30p Special Council Work Session 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary • MONDAY, OCTOBER 20 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, OCTOBER 21 Emma J. Harvat Hall 7:OOp Formal Council Meeting • MONDAY, NOVEMBER 3 Emma J. Harvat Hall 5:30p Special Council Work Session 7:OOp Special Formal Council Meeting Continue Special Work Session if necessary • TUESDAY, NOVEMBER 11 Veterans' Day -City Offices Closed ~ - i - ~~ #~ r ~ ~ ` '"~'®'~~ City Council Meeting Schedule and -.~...~ CITY OF IOWA CITY Work Session Agendas August 28, Zoos www.icgov.org • MONDAY, NOVEMBER 17 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, NOVEMBER 18 Emma J. Harvat Hall 7:OOp Formal Council Meeting • THURSDAY, NOVEMBER 27 Thanksgiving -City Offices Closed • FRIDAY, NOVEMBER 28 Holiday -City Offices Closed • MONDAY, DECEMBER 1 Emma J. Harvat Hall 6:30p Council Work Session • TUESDAY, DECEMBER 2 Emma J. Harvat Hall 7:OOp Formal Council Meeting • WEDNESDAY, DECEMBER 10 North Liberty 4:30p Joint Meeting • TUESDAY, DECEMBER 16 Emma J. Harvat Hall 5:30p Special Work Session 7:OOp Formal Council Meeting Continue Special Work Session if necessary i~~ ~~ -~...~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL Regenia Bailey Mayor Mike O'Donnell Mayor Pro Tem Connie Champion Amy Correia Matt Hayek Ross Wilburn Mike Wright IP2 August 27, 2008 Dawn Harper ATTN: Henri Harper City High 1900 Morningside Drive Iowa City, IA 52245 Dear Ms. Harper, On behalf of the City Council and the Iowa City community, I wish to express our sincere congratulations to you on your performances at the 2008 Beijing Olympics. The Iowa City community watched with nervous anticipation as you clinched the gold medal Tuesday in the 100-meter hurdles. Your hard work paid off not only resulting in your winning the gold medal but also in attaining your personal best of 12.54 seconds. We are very proud of you and the confidence and composure you showed throughout the Olympics. I understand you were in Iowa City over the week-end and we're sorry we didn't have the opportunity to congratulate you in person. When you are back in the Iowa City please let me know and I would be honored to present you with a key to the City and acknowledge all your hard work personally. Again, congratulations and best wishes in all your future goals. council@iowa-city.org 410 E. Washington Street Iowa City, IA 52240 Phone: (319) 356-5010 Fax: (319) 356-5009 Si erely,~ enia D. Bailey, or Cc: City Council ~. it 1 ~ VIII n- + ~ani~ll CITY OF IOWA CITY www.icgov.org CITY COUNCIL August 27, 2008 Regenia Bailey Mayor Mike O'Donnell Mayor Pro Tem Connie Champion Amy Correia Shawn Johnson Matt Hayek % Doug & Teri Johnson Ross Wilburn 436 53rd Pl Mike Wright West Des Moines, IA 50266-6365 Dear Ms. Johnson, On behalf of the City Council and the Iowa City community, I wish to express our sincere congratulations to you on your performances at the 2008 Beijing Olympics. The Iowa City community watched with nervous anticipation as you prepared for all of your events, and was so very proud of you each and every time you competed. Your skill, confidence, and .winning smile captured more than medals for the United States and Iowa as well. ou are ever in the Iowa City area please let me know and I If y would be honored to present you with a key to the City and acknowledge all your hard work personally. Again, congratulations and Welcome Home. ly, C. council@iowa-city.org I~gerila D. Bailey, 410 E. Washington Street Iowa City, IA 52240 Phone: (319) 356-5010 CC: Clty COUnCll i Fax: (319) 356-5009 IP4 Marian Karr From: Eleanor M. Dilkes Sent: Wednesday, August 27, 2008 5:17 PM To: *City Council Subject: FW: smoking on sidewalks on grounds of public bldgs FYI Eleanor M. Dilkes City Attorney City Hall 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax eleanor-dilkes@iowa-city.org Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the Internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney- client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. -----Original Message----- From: Linder, Marc (mailto:marc-linderC~uiowa.edu] Sent: Wednesday, August 27, 2008 4:55 PM To: Eleanor M. Dilkes Cc: Mike Wright; Michael Lombardo; Ross Wilburn; Regenia Bailey; Amy Correia; Matt Hayek Subject: RE: smoking on sidewalks on grounds of public bldgs Ms Dilkes, Although you've now stated that you're adhering to your original interpretation, you haven't answered my question as to why you're entitled to make a nullity of the IDPH rule by declaring the inclusion of sidewalks invalid per se. Regardless of what the Iowa League of Cities' view may be, individual cities in Iowa have adopted the position diametrically opposite to yours. Since you've chosen not to consult the IDPH or the Attorney General--which did not agree with your interpretation when I presented it to them--I will go through the Smokefree Air Act complaint process to secure a ruling as to whether Iowa City is violating the law. Marc Linder --Original Message----- From: Eleanor M. Dilkes (mailto:Eleanor-Dilkesc~iowa-city.org] Sent: Wednesday, August 27, 2008 4:05 PM To: Linder, Marc Cc: *City Council; Michael Lombardo Subject: RE: smoking on sidewalks on grounds of public bldgs 1 Professor Linder, My opinion is that sidewalks that are located in the public right-of-way (public sidewalks) are not part of the "grounds" of a public building. Public rights of way are not an "area of a public building." Rather, they are those areas of the streets and sidewalks between the adjacent property lines that are dedicated to public use. The public sidewalk that surrounds City Hall is not part of the City Hall property. The City could not use the sidewalk to expand City Hall, could not restrict the public from walking on the sidewalk and could not sell the sidewalk without first going through the public process of vacating the rights of the public to use the sidewalk. The line of demarcation between the grounds of City Hall and the public sidewalk is as clear as that between the private property and the sidewalk in front of a house. The owner of the house might use the sidewalk but that does not make it part of his property. This opinion is consistent with that of the Iowa League of Cities. Finally, you asked why I have not advised the City Council that the sidewalk in front of City Hall. I have advised the Council does not prohibit smoking on public rights-of-way they have the City right-of-way as nonsmoking. Indeed, the ordinance that rep night includes right-of-way. I have not specifically discussed City Hall with the Council because to date it is not one of the an interest in regulating. Eleanor M. Dilkes City Attorney City Hall 410 East Washington Street Iowa City, IA 52240 319-356-5030 319-356-5008 Fax eleanor-dilkes@iowa-city.org they could ban smoking on that although the statute authority to designate ~eived first reading last the sidewalk in front of areas they have expressed Notice: Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney- client privilege. It should not be forwarded to anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. -----Original Message----- From: Linder, Marc (mailto:marc-linder@uiowa Sent: Wednesday, August 27, 2008 1:36 AM To: Eleanor M. Dilkes Cc: Mike Wright; Amy Correia; Regenia Bailey Subject: smoking on sidewalks on grounds of 8-26-2008 Ms. Dilkes, edu] Matt Hayek; Ross Wilburn public bldgs You heard my comments to the city council this evening on Iowa City's being out of compliance with the Smokefree Air Act by virtue of permitting smoking on the sidewalk used in connection with and immediately adjacent to city hall. Do you have any basis for reading "sidewalk" out of the IDPH rule other than that adduced in your June 5 memo--namely, that "[t]he sidewalk is a right-of-way, and right-of-way is not the grounds of a public building"? Isn't virtually every sidewalk around a government bldg a right of way? In that respect isn't the sidewalk on Washington St in front of city hall thoroughly typical of sidewalks in general and of those in front of city halls and other government bldgs in particular? And isn't the Iowa Attorney General's office, which drafted the rules, to be presumed to be aware of what a sidewalk is? If so, what authorizes you to read the term out of the rule (in such a general way as to nullify it, if other cities adopted your approach, statewide) and to substitute for it "'internal' sidewalks"? Please keep in mind that my comments also refer to other city buildings, including and especially the public library, where the sidewalk runs barely a few feet away from the front doors on Linn St. If you now agree with my interpretation and will change your answer concerning the city's obligation in this matter, please let me know; similarly, if you have some new justification for your interpretation, please let me know so that I can consider it. If, on the other hand, you choose to adhere to the position you have already taken, please let me know, too, so I can file the complaint and let the IDPH resolve the dispute. Finally, although this issue is distinct, why haven't you advised the city council that, even apart from the "grounds of any public buildings" provision, it can also ban smoking on the sidewalk in front of city hall on the same basis that you advised the council it has for banning smoking in front of privately owned stores on Clinton St--namely, that the city owns the sidewalks? Thank you Marc Linder 3 r ;_ Auditor of Stc-te bnvid A . Vnudt Budgeting- Iowa`s Future August 2008 State of Iowa FY09 General Fund Budget Remarks today will focus on- ^ General Fund budget -History of Expenditure Shifts - Expenditure Shifts - How Shifts Distort Comparisons - Source of Shifting Funds ^ Revenue Growth and Expenditure Growth Compared ^ Outlook for Fiscal Year 2010 - Spending Gap - Iowa Flood Impacts ^ Conclusions ^ Questions Davitl A. Vaudl, AuAttor of State, Augusl 2D08 z IP5 1 State of Iowa FY09 General Fund Budget History of Expenditure Shifts DaNtl A. Vaud, AuMlor d Slate, August 2008 State of Iowa General Fund Budget Historical Perspective Lnck of Clarity ($ in Millions) Expendit~es "True Total Expenditures Shifted Exp enditures" Amount 76 FY2000 $ 4,763.6 - - $ 4,763.6 FY2001 $ 4,886.9 $ 86.1 I.8 $ 4,973.0 FY2002 $ 4,607.5 $ 265.8 5.8 $ 4,873.3 FY2003 $ 4,534.4 $ 316.5 7.0 $ 4,850.9 FY 2004 $ 4,517.4 $ 258.8 5.7 $ 4,776.2 FY2005 $ 4,557.5 (A) $ 430.0 9.4 $ 4,987.5 FY2006 $ 5,027.6 $ 397.0 7.9 $ 5,424.6 FY2007 $ 5,347.1 $ 392.7 7.3 $ 5,739.8 Estimate FY2008 $ 5,875.5 $ 422.1 7.2 $ 6,297.6 (A) Excludes $45. 6 million Cash Reserve Fund repayment. Davitl A. Vault, Autlitor d Slate, August 2008 a 2 State of Iowa FY09 General Fund Budget Expenditures -Shifts Distort Comparisons ($ in Millions) This is what taxpayers are told. }5,{. Governor's Adopted Reduction '~~ ` Proposal Budget by Legislature General Fund expenditures as presented to taxpayers 6,399.6 6,133_0 266.6 4.2% Would the rent numbers please step forward? General Fund true total expenditures $6,614.1 $6,588.8 $ 25.3 0.4°° David A. Vaudt, Auditor of State, August 2008 5 .~ .°a 0 - 2~ ,~ ,~ ° 6 ~,D~ ~Da ~Oti ~Qry ~0~ ~6 ~ob ~pb ~o^ ~~ ~pQ Record setting expenditure shifts in FY09! 6 David A. Vaud1, Auditor of State, Auguri 2008 3 State of Iowa FY09 General Fund Budget Expenditure Shifts ($ in Millions) State of Igwa FY09 General Fund Budget Iowa's "Charge Cards" Mnxed Out Iowa's "charge cards" (except for "Rainy bay" funds) are essentially "coaxed out" under this budget. ^ Senior Living Trust Fund ($121 million) ^ Tobacco Related Funds ($18 million): - Endowment for Iouvds Health Account - Restricted Capital Fund - Healthy Iowans Tobacco Trust Fund - Endowment for Iowa's Health Restricted Capitals Fund ^ Property Tnx Credit Fund ($116 million) Impact: Over $225 million of resources used in FY09 "disappear' in FY10. However, the expenditures pre ongoing. Devitl A. VauA, AWBor of Stale, August 2008 State of Iawn FY09 General Fund Budget The Senior Living Trust Fund Story i ($ in Millions) Taxpayers are frequently informed about the status of the $300 million required to be repaid from the nearly $600 million diverted from the Senior Living Trust Fund. Adopted Budget Cumulative repayments through FY09 $263.2 Key question -what's the balance at the end of FY09? Balance at end of FY09 37.7 Balance as a % of cumulative repayments 14.3% Davitl A. Vaudl, Autlitor of Slate, Augus12008 4 5tnte of Iowa FY09 Genera) Fund Budget Iowa's New "Charge Card" A new "charge card" has been opened -Rebuild Iown Infrnstructure Fund (RITE). ^ 'Notwithstanding" used 32 times! ^ Appropriated $101.4 million in FYOg and $91.8 million in FY10 for General Fund services. Diverting RIIF funds means: ^ Over $300 million of bonds to cover corrections infrastructure. ^ Impact on future vertical infrnstructure projects. What's the next new "charge cnrd"? ^ New statewide sales tax intended for school infrastructure? David A. Vaudl, Auditor of Siafe, August 2008 State of Iowa FY09 6enerni Fund Budget Revenue Growth and Expenditure Growth Compared David A. Vaudl, Auditor of Stale, Aupusi 2008 ,t, 5 State of Iowa General Fund Revenue 9'o Over/Under Expenditures* Historical Perspective i t> ~ s 5 ~-_ f .~ -12.00% ......__._ ..__....._ _.._..._... "As ndjusted for nll resources David A. Vaudi, Audgor a1 Slate, Au0ual 2008 State of Iowa FY09 General Fund Budget Revenue Growth vs. Expenditure Growth (A) ($ in Mil ions Actunl Budget FY07 FY08 FY09 2-year Revenues 5 722.9 5 989.8 6 281.5 Revenue growth 266.9 241.7 558.6 4.7% ~° ~ True totnl expenditures $5,739.8 $6,291.0 $6,588.8 Expenditure growth $551.2 $297.8 $849.0 9.6% 4.7% 4.8° 2-year expenditure growth as % of revenue growth 152.0% (A) Adjusted for all resources. Dario A. vaam. Aodnor m stale, August zoos ,z 200% -- -__---' -'----_. _- ----.._-"-'-- -- oo% -__ __ __ _ __ - -- _ _ - _ - - _ _ - ooox ~-- -. _--_ --- - _.-- --~-- -. ...--- e.oox -_-- --.- __ -- - ---- ---._ _._ _.--- e.oox _,.----- __- - -- ------~ ~uox ------- ---- ----- e.oo% --- - --- --- 2 00% --'--"------ ,.~„ - - a oo% ,~% _ 2.00% --- . oo% ~s o°% e otnt 7.00% d.00% -0.00% 100% .. _.__..___.__- .. ___-, I 6 State of Iowa FY09 General Fund Budget Tax & Fee Increases -- Impact on Revenue Growth ($ in Millions) Tax and fee increases account far 62.69`n of the $558.6 ~.` :. million revenue growth in the FY08 and FY09 two-year period. Newiy x Newiy Total ~ $ Enacted (d) Enacted OKs FY08 growth pYGS X266.9 t- $181.9 68.276 FY09 growth 291.7 167.7 57.57E Total revenue growth 558.6 349.6 2.6 Less one-time revenues 28.3) (28.3) Orgoirg revenue growth 30.3 21.3 Two-year 76 increase (B) 9.376 5.676 3.7X (A) 2007 and 2008 enacted changes (B) Based upon FY07 base rswnw+es 0.722.9) David A Vaudl, Auditor of Slate, August 2008 13 State of Iowra FY09 General Fund Budget Outlook for Fiscal Year 2010 David A. Vaudl, Auditor of State, August 2008 ,< 7 1 State of Iowa FY09 General Fund Budget Spending Gap (A) ($ in Millions) Budget FY08 FY09 Revenues 5 989.8 6 281.5 Revenues available (B) 5,925.2 6,218.1 True total expenditures 6,291.0 6,588.8 Spending gap $ (365.8) $ 370.7) (A) Adjusted for nll resources (B} Reflects 99°/° expenditure limitation (95% for new revenues) 15 Davitl A Vaudl. AudMOr d State, Aupu9 2W8 State of Iowa FY09 General Fund Budget The FY10 Outlook ($ in Millions) Fti09 revenues Less FY10 impacts of enacted revenue reductions and tax credit increases FY09 on oin revenues FY09 on oin revenues nvailable (A) FY09 true totnl expenditures 6,588.8 Fy10 Preschool ~ K-12 4 % allowable growth 112.6 Spending gap for FY10 before revenue and other spending changes FY10 revenue growth needed just to fill the existing spending gap (A) Reflects 99%expenditure limitation David A. Vaud[, Auditor of Slate, August 2008 $ 6,281.5 87.5) 6 194.0 $ 6,132.1 6,701.4 569.3 9.3% ,e 8 State of Iowa FY09 General Fund Budget The FY10 Outlook Impacts of the 2008 Iowa Floods: ^ Damage assessments are still underway: '. -Homeland Security and Emergency Management recently projected public assistance and hazard mitigation costs at $940 million, with additional costs anticipated - University of Iowa estimates over $200 million in damages - Standard cost share: 75% Federal, 10% state, 15 % local ^ Floods will only add to budget problem. ^ Immutable Foct: You can only spend the "Rainy Dny" funds once. David A. vaua, Auditor a state. Aupu~ zoos State of Iawa FY09 General Fund Budget Isn't This n Time to be Fiscally Conservative? Here's what the experts are saying: ^ If the current downturn follows the path of previous recessions, 35 to 40 states could face budget cuts in 2009. That~s largely because of a lag before economic effects show up in states' revenues. (National Governors' Association Executive Director Raymond Scheppach) David A. Vaunt, Audttor of State, August 2008 ,a 9 State of Iawa FY09 General Fund Budget Isn't This a Time to be Fiscally Conservative? Here's what Iowa is doing: ^ FY09 budget notwithstnnds Iowa law to utilize higher April 2008 REC revenue estimate ($49.1 million) ^ The budget "maxes out" Iowa's charge cards-the funds used for the past several years to balance the budget (Senior Living Trust Fund, Tobacco-related funds, Property Tax Credit Fund). That's over $225 million impact to FY10. ^ Oddly, the diversion of almost $200 million in FY09 and FY10 from RIIF (infrastructure) spending to General Fund spending comes during a time of rising infrastructure needs. David A. Vaudl, Au08or or Slate, August 2008 ,a State of Iawa FY09 General Fundd Budget Isn't This a Time to be Fiscally Conservative? ^ In the 2-year period (FY08 & FY09) for every $1.00 increase in revenue, Iowa is spending $1.52 more! This is unsustainable even with 63~ out of each $1.00 of additional revenue coming from increased taxes and fees. ^ Built-in FY10 spending gap at $569.3 million ^ Floods or recession could wipe out "Rainy Day" Funds in one year! ^ Under Iowa's short-term focus, ongoing spending continually exceeds available ongoing revenues. A longer-term financial plan is sorely needed to map our financial future-this one-year focus, "kick the can down the road" approach, has to stop. David A. Vaudt, Auditor of State, AuOust 2008 20 JL O State of Iowo FY09 General Fund Budget Conclusions v . Recommendations ^ Enhance clarity in budgeting process ^ Align expenditures and revenues ^ Eliminate reliance on one-time and limited resources for ongoing expenditures ^ Incorporate a longer range focus into budgeting process David A. Vaudl, AudMor of State, August 2008 21 State of Iowa What Can You Do? ^ Stay informed ~~ , ^ Communicate with the Governor and your Legislators: Governor 515-281-5211 House 515-281-3221 Senate 515-281-3371 David A. Vaudl, AudAor of State, August 2008 11 State of Iawa Auditor Contact Information David A. Vaudt •-'~~ Auditor of State State Capitol Building Des Moines, IA 50319-0001 website - http://auditor.iowa.gov/index.html hone - 515-281-5835 fax - 515-242-6134 email - david.vaudt@auditor.state.ia.us David A. Vaudl, Audkor al Slare, Aupuri 2008 12 IP6 Marian Karr From: Sent: Cc: Subject: Importance: Attachments: Public Leadership Group Septem... Gina Peters [gina.peters@ecicog.org] Monday, August 25, 2008 4:14 PM John Yapp; Adam Lindenlaub; Barbara Beaumont; Becky Shoop; Bernita Rozinek; Carol Spaziani; Casie Kadlec; Chad; Christine Taliga; Marian Karr; City Clerk Nancy Beuter; City Clerk Susie Siddell; City Clerk Tawnia Kakacek; City of Ely; City of North Liberty; Executive Assistant Mike Sullivan; Janelle Rettig; Kelly Hayworth; Mike Goldberg; B. Pearson September 4, 2008 Public Leadership Group (rescheduled) High Public Leadership Group September 4 Agenda.doc The Johnson/Linn County Public Leadership Group meeting has been rescheduled for Thursday, September 4, 2008, at the South Slope Cooperative Communications meeting room, 980 North Front Street in North Liberty (http://www.southslope.com/). Please note the later start time of 5:30 p.m. An agenda is attached. Gina Peters Administrative Assistant East Central Iowa Council 52402 Phone: 319.365.9941, ext. Fax: 319.365.9981 of Governments 700 16th Street NE, Suite 301 Cedar Rapids, Iowa 20 1 Agenda Johnson/Linn County Public Leadership Group South Slope Cooperative Communications Co. 980 North Front Street North Liberty, Iowa Thursday, September 4 5:30 - 7:00 p.m. INFORMAL MEETING Work Session 1. Call to order - 5:30 p.m. 2. Welcome and Introductions Linda Langston, Chairperson -Linn County Board of Supervisors Rod Sullivan, Chairperson -Johnson County Board of Supervisors 3. Iowa Valleys Resource Conservation & Development (RC&D) Regional Food Initiative/I-Food Update Chris Taliga, Iowa Valleys RC&D 4. Pros & Cons of a Joint Jail Facility Leadership Group Co-Chairs 5. Regional and Local Flood Recovery Updates Doug Elliott -Regional Recovery Initiatives through the Economic Development Administration Attendees -Local Updates & Initiatives 6. Other Business 7. Adjournment Individual agenda items subject to change. ~~ r i ~~.®07~, ,~~ ~III~ `ii ~. ~ Q91 ~~ CITY OF IOWA CITY CITY OF IOWA CITY IP7 MEMORANDUM Date: August 28, 2008 To: Michael Lombardo, City Manager From: Jen Jordan, Recycling Coordinator Re: Rummage in the Ramp 2008 summary Overview of Rummage in the Ramp Rummage in the Ramp (RiR) is an Iowa City Landfill sponsored and organized event that reduces the volume of waste headed to the landfill when rental leases change over in late July each year. The secondary goal of the event is to provide these items to low-income families and students at low prices to assure "reuse". RiR began in 2007 with the help of Public Works, Planning, Parking/Transit and Document Services. Advertising and printing costs were covered by the Landfill. In 2008, citizens donated reusable items from July 24 through August 2 at the Chauncey Swan Parking Ramp and received a taxable donation receipt. The majority of donations included furniture, household items, small appliances, books and clothes. Volunteer groups were scheduled for one eight-hour shift (noon to 8:00 p.m.) in the ramp, where they sorted, priced and organized the donated items. Sales were held at the end of each day (5:00 to 8:00 p.m.). The final sale was Saturday morning during Farmers Market. (In 2007 only two sales were held, both in conjunction with Farmers Market on Wednesday evening and Saturday morning.) Proceeds were split among the volunteer groups that participated; each group received $698. Participating non-profit organizations in 2008: Communit Mental Health Center Four Oaks CMH Com eer Pro ram Iowa Humane Alliance CMH PATH Pro ram Iowa Valle Habitat for Humanit Environmental Advocates Nest of Johnson Count Free Lunch Pro ram Restore Free Medical Clinic Universit of Iowa Environmental Coalition Advertising included press releases and editorials by staff, posters on City busses, neighborhood signs, and post-cards to hand out at events such as Johnson County Fair and Farmers Market. The local media has been generous in their praise of RiR and have provided additional information to the public via articles, staff editorials and news clips. RiR won the 2007 "Recycling Project of the Year" award from the Iowa Recycling Association. Staff has received extensive positive feedback from donors, shoppers, the participating non-profit groups and citizens wandering through the event on the way to Farmers Market. Changes in 2008 RiR 2008 was better publicized than 2007 thanks to the help of the Neighborhood Services Coordinator and intern, Doc Services and Information Technology Services. The addition of a website was a very useful tool for advertising and providing the public with timely details. We August 28, 2008 Page 2 also used the website to schedule pick-ups of donated items, which was not done in 2007. This was a very popular service and the two volunteer groups who provided the pick-ups received the $10 fee from each household in addition to their share of the proceeds. To combat the use of RiR as an electronic waste dispmsal option, we charged a $5 fee with each donation of electronics, including televisions, computers and VCRs. This greatly reduced our recycling cost for these items from about $400 in 2007 to $73 in 2008. Costs for 2008 were covered by the Landfill out of the Furniture Project cost center. We also had three private sponsors this year: Kacena Property Management and the Waterfront Hy-Vee each donated $100 to assist with advertising and printing costs; Aero Rental and Party Shoppe donated the use of twelve tables for the duration of the event. Comparison of 2007 and 2008 2007 2008 % chan a notes for 08 numbers of donors 250 320 28% number of sho ers 800 1124 41'% waste reduction numbers 20 19 -5% estimated donated tonna e 1.5 2 33% tons to landfill 1.1 0.5 -55% tons rec cled books, scra metal number of volunteers 70 105 50% a roximate income $4,090 $8,957 119% volunteer a enc rou s 10 12 2Q% income er rou $410 $698 70% s onsors 0 3 A roximate costs 2007 2008 %chan e Staff tannin time/labor 200 180 -1 d% a roximate hours Printin and advertisin $500 $200 -6Q% s onsors Table rental $200 $840 320% s onsors Electronic waste dis osal costs $400 $73 -82% Waste dis osal costs $60 $77 2$% Estimated Item Count Comparison It may be more accurate to compare the estimated number of items sold than the tonnages. While the estimated tonnages do not reflect an increase (likely because the estimates from 2007 were quite high), the item comparison more accurately reflects the increase in donations and sales. Estimated item count 2007 2008 chan e couch/sofas/loveseats 50 70 20% arm chairs/recliners 35 45 10% dressers, bureaus, vanities 7 20 13% small tables 30 45 15% dinin tables 5 10 5% strai ht-back chairs 50 50 0% bed sets 13 20 7% futons 4 7 3% August 28, 2008 Page 3 office desks 15 25 10% outdoor furniture, sets 4 2 -2% entertainment centers 5 15 10% stora a units, cu boards, etc. 3 10 7% clothes, shoes, linens, a rox tons 1 1.5 1 small electronics 20 20 0% blenders, toasters, coffee ots 0% microwaves 12 15 3% com uters/ rinters 30 10 -20% televisions 8 20 12% VCRs, stereos, s eskers 15 20 5% books, ounds 300 700 400% BBQ rills 5 1 -4% children's to s, ounds 300 500 200% exercise a ui ment, feces 5.5 4.5 -1% bab swin s, car seats, strollers, etc. 10 10 0% total items, approx. 927.5 1621 694% RiR 2009 The planning committee met the week after the event to consider changes for next year. The main change will likely include the addition of sales on thb first Saturday morning of the event to capture Farmers Market customers. We also plan to solicit additional private sponsors in order to increase advertising, especially to students. We would like to expand the pick-up system and will need to solicit more non-profit groups to participate toy meet this goal. RiR 2009 has been scheduled for Friday, July 24 through Sunday, August 2. cc: Marcia Klingaman, Neighborhood Services Coordinator Nate Kabat, Neighborhood Services Coordinator intern Dave Elias, Superintendent of Wastewater and Landfill Jodi DeMeulenaere, Public Information Assistant The Council for International Visitors to Iowa Cities Invites you to Dine with the Participants of The 2008 International Writing Program at The Annual CIVIC Fundraising Dinner Wednesday, Septe~rnber 3rd, 2008 Fourth Floor Asseffnbly ~][afll Levitt Cernter for University Advaneeffnent Forth Riverside Drive and Park Load Iowa City, IA 52242 5:30 p.m. Social Hour with Cash Bar 6:00 p.m. Introduction of Writers 6:30 p.m. Dinner Buffet Tossed Green Salad with Roasted Tomato Vinaigrette Radicchio and Arugula Salad with Honey Cumin Dressing Southwestern Chicken Strudel Black Bean and Zucchini Enchiladas Carrot Cake or New York Cheesecake IP8 Building Respect and Understanding, One Handshake at a Time IP9 MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION THURSDAY, AUGUST 14, 2008 EMMA J. HARVAT HALL MEMBERS PRESENT: Esther Baker, Thomas Baldridge, Lindsay Bunting Eubanks, William Downing, Pam Michaud, Jim Ponto, Ginalie Swaim, Alicia Trimble MEMBERS ABSENT: Victor Tichy STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Helen Burford, Jennifer Cook, Mike Lange, Deb Quade, Mike Wombacher CALL TO ORDER: Chairperson Bunting Eubanks called the meeting to order at 6:03 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none CERTIFICATES OF APPROPRIATENESS: 508 Rundell Street. Kuecker stated that this is a contributing property in the Longfellow Historic District. She said the applicant proposes a rear porch addition to this foursquare-type house. Kuecker said the proposed porch would be a 12 foot by 20 foot screened porch. She said the applicant has indicated that the rear porch will match the front porch in details and roofline. Kuecker added that the porch would be of wood frame construction, with the columns, soffits, eaves and other trim to match the front porch. She said the owner will use treated lumber for the construction. Kuecker said the guidelines allow for the addition of a new porch, provided the porch is consistent with the historic house. She said the applicant has indicated the porch will match the existing front porch in detail. Kuecker said that if required, the handrails must be consistent with the guidelines. Kuecker stated that pretreated porch decking is allowed for rear porches, provided the gaps between the boards do not exceed an eighth of an inch. She said staff feels this project is consistent with the guidelines and design of the existing structure. Kuecker said, however, that staff recommends that paintable, untreated wood be used for anything above the decking, which would allow the wood to be painted immediately. She said that if treated lumber is used, as soon as it is able to be painted, in approximately six months, it should be painted. Kuecker said staff recommends approval of the project with the conditions that: the screens be wood framed, the porch skirting of the same style as the front porch be installed between the porch piers; the roofline should match the front porch roofline; details such as trim, columns, soffits, eaves, and foundation piers are to match the front porch as closely as possible; all exposed wood being painted; and any handrails that are needed must be consistent with Section 4.10, Balustrades and Handrails, of the Preservation Handbook. Cook, the owner of the house, said she wanted to add a screened porch in the back and plans to match the front porch. Bunting Eubanks said that in the drawing it almost looks like the siding is actually on the columns. Cook said that is just the drawing and the program that she used. MOTION: Ponto moved to approve a certificate of appropriateness for the application for 508 Rundell Street, as proposed, subject to the staff recommendations. Baldridge seconded the motion. The motion carried on a vote of 8-0. Historic Preservation Commission August 14, 2008 Page 2 724 Dearborn Street. Kuecker said that this is a contributing property in the Dearborn Street Conservation District and showed where the house is located north of Sheridan Street. She referred to a photograph in the packet of what the house used to look like. Kuecker stated that between the time the survey was done and the designation, the second story was added. She said the house used to have a hip roof, and now it has a gable roof. Kuecker said that the house has had significant alterations, even though it looks like a typical craftsman house. Kuecker said the applicant is proposing a just over 26 feet by nine foot one-story addition to the rear of the property. She said the addition has a hip roof with approximately a 3:12 slope. Kuecker said the siding is to be fiber cement board. She said that trim, porch railing, porch posts, fascia, and soffits will be wood. She said that three new double- hung windows will be installed, and the foundation is to be of concrete block. Kuecker said the guidelines do allow for additions to historic houses, provided the addition is compatible with the historic building. She said that staff finds that in general the application does meet the guidelines. Kuecker said there are currently two entryways shown coming into the mudroom: one from the porch and one from the backyard. She said that it may be more functional to only have the entry from the porch. Quade, the owner of the house, said that the fence shown in the photo would have to be moved out to the edge of the garage. She said that the point of that door is to force her dog to immediately go into the dog yard. Quade suggested having athree-quarter light door, which would look like another window from the alley if it were designed right. Kuecker said staff recommends approval of the application with the option of the owner having one entrance directly into the yard and one to the porch or only one entrance to the porch. She said that if only one entrance is desired, an additional window may be placed in the location of the door to the yard. Kuecker stated that the fiber cement board siding should have a smooth finish with a dimension to match the existing siding, all porch elements should be constructed of wood with all exposed wood to be painted, windows should be one over one double hung wood or metal clad wood windows to match the existing windows, and all handrails should be consistent with the 4.10 Balustrades and Handrails Section of the Preservation Handbook. Kuecker pointed out that if the vertical dimension is 30 inches or less, a handrail is not required. Baldridge asked about the three new double hung windows to be installed. Kuecker showed where two new windows would be located and showed on the plan where the third window would be. She said that the three other windows that are on the back of the porch are the existing windows. Ponto asked for more information about the proposed doors. Quade said that she was thinking of something like a three-quarter light, so there is more light coming in rather than a solid door. Ponto asked if it would be just one door rather than a door and a screen door. Quade said that on one of those doors she would probably want a screen door just to get more air circulation. Bunting Eubanks said that it looks very balanced from the back. She said that even though there are not three windows on the left, there is a door, which helps balance the back of the house. MOTION: Trimble moved to approve a certificate of appropriateness for the application for 742 Dearborn Street, subject to conditions proposed by staff. Michaud seconded the motion. The motion carried on a vote of 8-0. RECONSIDERATION OF CERTIFICATE OF APPROPRIATENESS FOR 803 E COLLEGE STREET: Kuecker stated that the Commission first reviewed this application at its July l0`h meeting. She said that at that time, the vote was four for denial and two in favor of an application to alter the roofline at the location of the built-in gutters. Kuecker said that at the last meeting, the applicant asked the Commission to reconsider the application, as he was unable to attend the July 10~' meeting. She said the Commission approved the reconsideration. Historic Preservation Commission August 14, 2008 Page 3 Kuecker said this property is at the corner of Lucas and College Streets. She said the applicant began work on the roof without obtaining a building permit or historic review. Kuecker said that when a stop work order was issued, the applicant applied for historic review and indicated there would be no exterior change to the property. She said this prompted staff and the chair to issue a certificate of no material effect. Kuecker said that when the reroofing was complete, the slope had been altered at the location of the exterior gutters, which were approved for removal or covering. Kuecker added that the applicant is now asking for approval to leave the roof as is now, with where it used to flare on the roof, straightening it out and lowering the soffit. She said the applicant has indicated that he intends to put a frieze board underneath the soffit and reinstall the decorative brackets. Kuecker showed a photograph of the roof as it is now, as well as an image from the time the survey was done showing the flare in the roof, as well as the frieze board and the brackets. Kuecker said the original staff report included three possible options to address the roof: the removal of the new roof and reconstruction to make the new roof match the historic roof; reinstalling the brackets without a frieze board, as has been done, which has been eliminated as an option; or installing a frieze board with the same dimension as the original frieze board under the soffits, along with the reinstallation of the decorative brackets. She stated that at its July 10`h meeting, the Commission decided that option one was the one that upheld the guidelines, was most appropriate for the house, and would be best for the district. Kuecker said that staff recommends that when reconsidering the application, the Commission should not be arbitrary or capricious but needs to uphold the guidelines. She said that if an exception to the guidelines is made, an appropriate reason needs to be cited in order to not create a negative precedent and cause other applicants to do work without a permit and then request that the work be kept as it is. Kuecker said she included in the packet a statement from the roofer that says that the reconstruction the way the roof formerly was would not be possible. She said she also included a list of precedents of other times the Commission has discussed alternatives. Kuecker said that the Commission discussed a similar issue with regard to 517 Grant Street. She showed a photograph of the house as it is today. Kuecker said that the roof used to come down, and the built-in gutters were covered with a slightly different roof slope. Kuecker showed photographs of the property at 30 South Governor, which had a roof slope alteration. She showed a photograph of the roof as it is today and the work as it was being done. Kuecker said that at 817 Iowa Avenue, a hip roof was added to what was previously a gable roof. She said this was quite a substantial alteration of the roof slope, but since this was anon-contributing property, it was not deemed inappropriate by the Commission. Kuecker showed photographs of 934 Iowa Avenue as it is today. She said that, similar to what has happened on College Street, the roof used to have a flared edge, which has been straightened out. Swaim asked if the roof had originally extended even farther out than it does currently. Kuecker confirmed this. She said that when the roof was damaged in the tornado, the owner was not certain that it could be rebuilt without crossing the property line. Kuecker referred to the house at 830 College Street, where the owner had removed the rolled edge and straightened it. She said that the Commission required the owner to put the rolled edge back on the house, because it involved the demolition of a significant architectural feature. Kuecker said these are some examples to keep in mind when considering the application for 803 College Street. Wombacher, one of the owners of the property, said that not just that but between that and the carriage house alignment, he has put $36,588 just into the new roof. He said that fact that it has changed, and he explained last time, and it was his partner who actually filled out the form, was not saying that they weren't going to change it. He said that is where communication broke down, because they weren't going to change the pitch of the entire roof Wombacher said they didn't do what they did to add more room or to add a room upstairs. He said that they aren't changing room plans for that. Wombacher said they were doing it for structural purposes, to prevent the Historic Preservation Commission August 14, 2008 Page 4 deterioration of the walls, which they had because of the repeated freezing and rotting of the gutters. He said he would have loved to have just put a piece of plywood on it. Wombacher said the original bid was $7,000, so that would have saved them $29,000. Wombacher said they have done everything to this house, cosmetically, that they can do, that isn't something they had to do. He said they totally changed the porch even after it had already passed the building inspector and the review board. Wombacher said that even though it was done wrong, they had rails redone and they took the porch floor all the way out and replaced it. He said that they put all new boards under it, and had raised it up a level. Wombacher said they took the asbestos shingles off the front and side peaks to expose the wood shingles. He said they also took asbestos off to expose those shingles. Wombacher said that they took the vertical siding that was like paneling on the carriage house, to get as close as they could to match the carriage house. He said they did this to bring it back to what they thought it should look like and to look nicer. Wombacher said they still have a lot of issues. He said that the house looks like it is sunken two feet, that the ground and water just keeps washing down the hill. Wombacher said one can see the porch is lower than the driveway so there will be water issues. He said the plan is to take the driveway out and lower it back down so it will run back out to the street where it should be instead of through the basement. Wombacher said they took the metal posts off the back porch and replaced those with wood to match the ones on the front and replaced one third of the floor back there. He said there are just numerous things, even though the Commission is not concerned about the inside. Wombacher said that when doing this, he was concerned about the stability of the structure, and that is why they did that, to try to prevent any future problems. He said they didn't just do plywood and obviously didn't do vinyl; they did one by threes and one by fours, which take a lot longer to put up there but make it look a lot better. Wombacher said they had every intent to put the decorative corner pieces back up; they just were stopped before they got to that point. He said they are more than willing to put the frieze board on it. Wombacher said the pictures showed how the rooflines of some houses had changed. He said that obviously improved them, because they needed more room upstairs. Wombacher said that most of the properties shown down the street on Iowa Avenue changed and added more space upstairs and it was granted. _He said he is not asking for that; he is just asking to let it go and he already knows how much it would cost to redo it. Wombacher said that he is not dealing with insurance money from tornado damage. Bunting Eubanks said that what she doesn't understand is why the owners didn't seek a building permit before the work was done. Wombacher said that as he explained, they were shingling and the original bid was $7,000. He said that when they got into it, those overhangs were fully rotted. Bunting Eubanks said she meant before they even started to redo the roof. Wombacher said he was not aware a person needed a permit just to shingle his house. He said they did a lot more than shingling; he understands that, but that's not what the intent was. Wombacher said it may look okay or need minor repair, but once you dig into it there is more damage. He said for example, those posts that have been redone on the porch, you couldn't even tell they were rotted, but they were rotted up inside. He said that the carpenter just did what he thought that he needed to do. Wombacher said there was no intent to hide this. He said this is on College Street, and he would not be able to hide anything about what they're doing with the roof line. Wombacher said they weren't changing the pitch of the roof but were changing the eaves, because they felt that is what they had to do. He said that quite frankly, the city building department agrees with that. Wombacher said they agree with what was done and the way it was done. Swaim asked if, regardless of the flair, the current roof extends out from the house the same as it did originally. Kuecker said that it is fairly close in line. Swaim said that the house on the Iowa Avenue that had the property line issue does look odd and truncated. She said that regardless of the flair being there or not, it looks like too small of a house with too big of a head. Swaim said that if this is extending out the same, she does not have that concern with it. She said that the lack of a flair does not concern her here because of all of the work that has been done on the house. Historic Preservation Commission August 14, 2008 Page 5 Bunting Eubanks said the Commission will need to have a good reason for whatever it decides. Michaud said she thinks that although it is not an identical precedent, the one on 934 Iowa Avenue, because of damage there and possible damage to the future gutters and things like that, she thinks that this is an appropriate solution. Downing said that he walks by this house almost everyday and appreciates what the owners are trying to do to improve the house and the character of the neighborhood. He said, however, that in reading the roofer's letter, he doesn't think he really met the intent of what the owner said or perhaps didn't understand it. Downing said it is fair enough that the roofer has an opinion of his own, but he says, "...he does not feel it would be wise at all to put in built-in gutters, therefore am NOT willing to change it." Downing said he did not feel the Commission is asking the owner or the contractor to put in built-in gutters. Downing said that his own house was constructed with built-in gutters, but they were covered up without altering the pitch of the roof and there have been no further problems. He said that the roof can still slope, but the slope was changed. Downing said that standard residential shingles are easily put in to make the transition, so he does not think there is a technical problem. He said he thinks it was easier to splice the rafter tails. Wombacher said it actually wasn't easier, because you have to cut them off. He said the rafters on the flat part are supporting all the way through the attic. Wombacher said they had to go inside; go upstairs into apartment three, go up in the attic to have somebody up there replace every single rafter as they were bringing it on through. He said that it sure wasn't easier; it would have been easier to put plywood over it and change the pitch. Wombacher said that it still would have been changing if you put a piece of plywood. He said this is changing the pitch a little more, but it is keeping the pitch with 95%, 90% of what the pitch is on the rest of the house. Wombacher said that's why his understanding from the contractor is that they're not changing the pitch of the roof. Downing said that the guidelines and the agreement do not refer to the pitch but talk about the roofline, which is different. Wombacher said you still change the roofline a little bit. Ponto commended Wombacher for the work that he has done. He said that 517 Grant Street is a good example in which the built-in gutters were covered over and the slight change in pitch at that point allowed drainage, but the soffit and eave height remained the same. Ponto said that one of the key factors here is that in changing the roofline, the height of the soffit was changed so that it is much closer to the top of the windows and doesn't allow the frieze board and the decorative pieces in between. Baker said that in the guidelines, in section 4.11, it says, under what is recommended, "Covering original built-in gutters and applying exterior gutters only if the roof slope at the gutter is not altered." She said that this has that. Wombacher said it depends on which side of the gutter, and if the slope comes to the gutter, then it flattens out, so it really isn't a change. He said there is still the slope going to the gutter; that's why you continue that. Downing stated that the guidelines refer to the original gutter. Wombacher said that she (Baker) is saying pitch. He said that the gutter is down here, and the pitch goes to the gutter, and that's why it makes the gutter close to the pitch, because one gets the flow of water. Wombacher said that now we've got it coming outside, then the pitch is the same pitch as what you had in here; it just so happens the flat part is sticking on over. He said that it's all a play on words, but it's true; the pitch is the same at the point of the gutter. Baker said that the roofline has been changed so that the flare is no longer there. She said that was the characteristic, architectural feature of the roof of the original house. Baker said the guideline is to maintain that. She said that has not been maintained, and that is where the issue is here. Baker said that there are roofs around Iowa City that have that flare that have had new shingles or newer roofing materials put on, but that flow has been maintained. She said that the Grant Street property is an example of where it has been altered slightly, but the nature of the roof has been maintained, with a solution that didn't get rid of the flare. Baker said what happened here is the removal of that flare feature that was an architectural feature that was Historic Preservation Commission August 14, 2008 Page 6 significant to that era of house the way it was originally built. She said that is the issue the Commission is dealing with here -the flare is gone, and the Commission needs to decide if that is allowable or not. Baker said that if chair and staff had known at the time the owner came in and said no change was going to be made that the owner didn't intend to maintain that flare, it never would have been approved. She said the Commission is currently dealing with the fact that it was approved based on assumptions that the flare would be maintained. Baker said the way the roof exists now probably will have better drainage, but the truth of the matter is that there are other contractors in town who have made roofs like this work. Baker said there are so many different places in this process where something broke down, including the co-owner coming in and saying there would be no material change. She said there is also the issue of the contractor not being willing to maintain the flare. Baker said there is the example of the house on Kirkwood in which the contractor was not following what was approved in terms of reapplying stone. She said the owner had to hire a different contractor who was able to do it the way it was approved in the certificate of appropriateness. Baker said there have been examples certainly in the Commission's recent history in which owners have been required to change back after doing something that wasn't approved. She said she is very concerned about the precedent this will set to allow people to go out and do what they want and come back to the Commission after the fact and have it approved. Baker said it is a slippery slope. She said that while she appreciates the work being done on the house, there are guidelines and procedures, and other people have been made to change things back. Baker said she does not see in this case a reason in the guidelines that would allow the Commission to say that this is okay. She said she would have to vote against this. Bunting Eubanks said the dilemma is basically that the Commission has to be just in what it does. She said that a very specific reason has to be cited, such as impinging on someone else's property line. Bunting Eubanks said there has to be a specific reason for making an exception to the guidelines, which are there for a reason. Swaim said the interpretation of the guidelines is up to each individual Commission and the guidelines should be seen as recommendations. She said that while the Commission wants to be fair and consistent, there just has to be a case-by-case approach. Swaim said that the level of work done on the house compared to what had been done before is great. She said she understands the argument against setting a precedent, but she does want to take into account in this case -what else has been done to rescue this house from deterioration. Swaim said she continues to believe that because of all the other features on the house that have been maintained or restored, the flare is one of several things that characterized this house, and the flare is gone, but there are other things that maintain the integrity sufficiently. Michaud said she agrees. She said that it's fine to be a high and dry house with one little roofline to consider, but when one is considering a major reconstruction and restoration of a very threatened property, one has to think about the scope of things. Michaud said the fact that they are going to have to excavate and remove the driveway indicates the level of concern with the drainage situation. She said that house always looked really threatened and was sitting right on the ground. Michaud said that she could see where that would be the overriding concern, the water and the drainage. Michaud said the idea is to let the community understand how important historic preservation is without making enemies. She said she understands the concern and feels it is too bad that we lost this here, but this is a person who, like other people, is restoring a rental property. Michaud said she walks past this house three times a day. She said she goes down Washington Street and it's ugly. She said she walks down Iowa and it's intermittent. Michaud said that Burlington is hideous. She said that College Street is one street that one can walk down and most properties look nice. Michaud said that the pitch and the scope of a huge project under way that will run far more than expected is something the Commission should consider. Michaud said that she could see the confusion about the permit, because he was just restoring the roof. She said she can see where the permit was not an issue. Michaud said she can not say it strongly enough that the Commission cannot alienate someone who is working blood, sweat, and tears and a lot of money and then say we're not going to pay attention to his concerns. Historic Preservation Commission August 14, 2008 Page 7 Michaud said there are the guidelines, but the Commission cannot apply its approach to each case without a little discretion. She said this person is here pleading his case and the Commission should listen. Bunting Eubanks asked if there is a possibility of restoring the decorative frieze board. Kuecker said that was there is a list of three options. She stated that the one she had eliminated does not respond to frieze board at all. Kuecker said that if the roof were kept the way it is, the frieze board that went along and then broke at the windows would be necessary for the brackets to be reinstalled. She showed how the brackets were before and then how the brackets being reinstalled right under the siding. Kuecker said that looks inappropriate, and there needs to be a board behind those brackets as there was originally. She added that she believes that losing both the brackets and the flare would be extremely detrimental to the historic quality of this house. Bunting Eubanks said that because the windows were so high, the frieze board would have to be broken in between. Kuecker said that is correct, if the roof is kept the way it is. Downing said the bottom of the soffit now is flat, but it had been sloped. Kuecker confirmed this. Downing said then the brackets have been changed. MOTION: Swaim moved to approve a certificate of appropriateness for the project at 803 East College Street, allowing the roof to stay as it currently is with the stipulation that the frieze board of the same dimension to the original frieze board be installed with the decorative brackets. Swaim said that she is recommending an exception in terms of the roof flare because of extenuating circumstances, because of the scope of the project and the many historical elements of the house that have been restored, and because of the confusion in the process of communication, which is unfortunate and not the owner's fault. Michaud seconded the motion. Baldridge said he spoke before, when this was first considered, about the need for educating the people who do the work. He said that both Baker and Swaim have persuasive arguments. Baldridge said that he is tempted to come down on the practical side that the work has been done, and he abhors having to tear something up to redo it unless there is a really substantial reason. He said that flare is a significant architectural feature which could come under the category of substantial. Baldridge said that he falls on the side of hoping that this is an educational experience for the Commission and for others in the business of restoration. Downing said that as a counterargument, this also might be an educational process for those in the business of restoration who just do something and then come back and say, "Well, it's already done." Wombacher said that obviously he is not a professional, but when one has to have things approved, it is so hard to do a project of this magnitude. He said that almost every little thing to a certain extent on there needs approval, but you didn't know it until you got into it. Wombacher said that once one lets the house sit there for five weeks with no gutters, which you cannot put in, because the carpenter can't finish, and the painter can't finish until the carpenter finishes, and the gutter guy can't finish. Wombacher said that in the meantime, the water goes right in on the other side of that trap door and went down to the whole basement. He said that the pile of mud sitting out in the driveway is from the guys he has hired to go down and keep shoveling out. Wombacher said it is his own fault, because it is his piece of property. He said that, however, it is so hard to do something and all of a sudden realize this is deeper. Wombacher said that when one gets into something, then he realizes he needs another permit to do this. He said he knows there is a permit process and appreciates what the Commission does. Wombacher said though that it is so hard to do a project if you have to stop and get approval at every single step. Wombacher said that his contractor is a craftsman and has done great work for him in the past. He said the contractor did what he thought was right. Wombacher said he himself would take the blame for that, but they Historic Preservation Commission August 14, 2008 Page 8 weren't trying to get away with anything. He said he spent a lot more money than he intended to, and it is not like he did it to cut corners or to benefit himself by doing this. Wombacher said there was no benefit whatsoever. Wombacher said it is very hard to do this not knowing what you're going to need to get permission to do, because then it takes another month to get another okay to do step by step. He said he guessed that was what professionals can do. Downing said there is a counter to that in that it is possible to hire design professionals. Wombacher said they don't know if it's rotten until you start getting into it. He agreed that is what professionals do. Wombacher said that it's so hard to determine if it's rotted and it's something they need to change or get another approval. Wombacher said that right now the foundations and the stone work are not exposed, because it's all covered. Wombacher said that the foundation and stonework is in horrible condition, and he'll need to do that. He said he did not know if there was something he would need to get approval for, even though it's not exposed. Wombacher stated that there are so many issues that he just can't go into. He said he has time to work on it this weekend but didn't know if they could do it. Swaim said that if Wombacher considers hiring a professional designer, it would be wonderful if that person were familiar with preservation to add to their skills, however, Swaim said the Commission will always be working with people who are taking on a project and with contractors who have a variety of skills with restoring old houses and preservation. She said that this is another way of educating the public. Swaim said that she doesn't think that is fair in this situation. She said that applicants have come before the Commission several times on different projects that they say they didn't know they weren't supposed to be doing. The motion was denied on a vote of 4-4 with Baker Downing Ponto and Trimble voting against and Baldridge Bunting Eubanks Michaud, and Swaim voting in favor. Michaud said that she understood the people who voted no to defeat this. She stated that she believes that if someone is going to try using this decision as a precedent, they should get the message by looking at the history. Baldridge commented that the Commission has made people go back and redo things. Bunting Eubanks said her concern is that she doesn't want to lose the house, although she feels the contractor could have picked up the ball and known more about what he was doing. Baldridge asked what kind of steps the Commission might recommend be taken. Trimble said she feels that if there is anyone to blame, it's the contractors. She said it is part of the contractor's job to know what to get permits for and know when a permit becomes necessary. Downing said that in Iowa City, as soon as one replaces any sheathing, then a building permit is required. He said that does not just apply to historic districts. The Commission discussed methods for getting the word out about when a permit is required. Swaim said there is a need to be positive and proactive about this but also a need to let people know that if they do something the wrong way, there are penalties. She said she was uncertain whether the letter says that sort of thing. Burford said the City just came out of a situation after the tornado where Iowa Avenue had a renaissance because of the fact that there were regulations. She said that the process was ongoing, and needs to include the entire community. Michaud said there were compromises on Iowa Avenue rooflines. She said that one thing the Commission could do is that if there is a roof that they have to bring a photograph in to building inspection -that should be a red flag -that building inspection immediately says the flair has to be retained. Historic Preservation Commission August 14, 2008 Page 9 Baker said if one is only reshingling, the flair is not impacted. Kuecker said that if someone comes in for a building permit, they are sent to her if the property is in a historic district. She added that in this case, no permit was requested until someone reported that the work was going on. Kuecker said that when she went to the site, nothing was happening on the eaves and she assumed they were being retained. She said she was told at that time that the decorative brackets were being reinstalled, and she assumed it would look the same after the reroofing as before, as indicated on the application. Burford said that if there had been the opportunity to observe the original gutter and get a structural engineering report or architect's report or technical advisory report from the State that this was unworthy of reconstruction, then it wouldn't cause this situation of potentially setting a precedent. Michaud said one option might be to require a permit to reshingle for a property in a historic district in order to get total review. Kuecker said that in other parts of the City, a permit is not required to redo windows, although it is required in the historic districts. She said that might be looked into with regard to reshingling. Baldridge asked if the fact that it is in a historic district for that raises a caution flag. Kuecker said that if an owner comes in for a building permit, it does. Swaim suggested contacting roofing contractors and the people who are actually doing the work. Michaud said that a letter could be sent to all of the roofers. Baker stated that there are people who don't realize they're living in a historic or conservation district, and that's a problem. She said there are people who don't know when they do and do not need a permit. Baker said there are contractors who don't get that working in a historic district is not the same as working in anon-historic district. Baker said the Commission needs to start looking at getting information in newsletters and talking to the realtors. She said the Commission can't count on having the letter to those in affected areas being sufficient to educate homeowners. Baker said there is no easy answer to the education component. She said that it needs to be ongoing and constant and at every layer of the process. Burford said that Terry Larsen, a realtor at Blank and McCune, is in the Press-Citizen writers group. She said that maybe Larsen could be approached to write a column about historic preservation issues. Baldridge said he would like to see the Commission project an image of trying to be helpful to citizens, owner, renters, contractors, and workers all up and down the line. He said that people should be encouraged to ask for help, and any article in the Press-Citizen should point out that historic preservation is helpful to citizens and is not intended to be a barrier or to make someone's life more difficult but is to serve the nature of the community and make it easier for people to do that. Bunting Eubanks stated that communication is a big issue, and it was brought out in the Historic Preservation Plan as a goal. She said that she would be willing to work with Kuecker to draft a letter to professionals regarding historic preservation and what it means. Bunting Eubanks asked if anyone would be willing to head up the effort to contact the Press-Citizen and speak on behalf of the Commission. Swaim said she would be happy to review whatever is put together. Bunting Eubanks said that one point for an article in the paper could describe how Cedar Rapids is losing its historic properties, because it doesn't value preservation. Downing agreed to help with getting something into the Press- Citizen. The Commission discussed some facets of the application for 508 Rundell Street. Baldridge said that there should be some horizontal support on the porch. Kuecker said she sends a letter with every certificate and will include the fact that the Commission had some concerns about this. Historic Preservation Commission August 14, 2008 Page ] 0 Baldridge said there is a gap between the floor and the horizontal panel so that when one is hosing off the porch, water will be allowed to escape. He said that otherwise there is a lot of screen length in each of the panels. Ponto agreed that with screening of that length, there would need to be a few horizontal members to add to the panels. Kuecker said she would include in the letter to the homeowner that she would be available to answer questions that may arise. Bunting Eubanks said the decision regarding the reconsideration for 803 East College Street was a difficult one. Ponto said that it demonstrates that there is a diversity of opinion on the Commission. He said it shows that there is a good mix, which stimulates discussion and is good for everyone. CONSIDERATION OF MINUTES FOR JULY 24, 2008: Bunting said that there is a reference in the minutes to how she would approve something if it wasn't going to alter the historic status of the property. She said it was more along the lines of her being much more willing to reconsider it, rather than just flat-out approve it. MOTION: Baker moved to approve the minutes of the July 24`h Historic Preservation Commission meeting, as amended. Downing seconded the motion. The motion carried on a vote of 7-0. OTHER: Trimble said that she has been working with property owners in Cedar Rapids who had flood damage. She said that they are looking at rebuilding, and some people are kind of concerned that the commercial district on the Czech Village side has never been surveyed. Trimble said they are in a cultural district as designated by the City. She said that New Bohemia is in the district and Czech Village is in the district, and they want the two to stay kind of in their historic manner as they are being restored. Trimble said the residents wanted her to ask if anyone had any ideas of what the City could do. She said it would be almost impossible right now to get 51 % to turn it into a historic district. Burford said that at the last meeting of Friends of Historic Preservation, the Cedar Rapids Historic Preservation Commission (CRI-IPC) asked to have an open kind of meeting. She said the National Trust had informed the CRHPC that it had to form anon-profit in Cedar Rapids to decide certain issues. Burford said there was a lot of good to come out of the meeting. She said there were a lot of very instructive points that focused on historic preservation. Trimble said that a lot of the property owners supported that, and actually, a lot of property owners have been bought out by their neighbors who want to restore the property historically. She said that with so many people displaced, it is difficult to track down everyone to get a 51% majority. Burford said that Rod Scott is with the Iowa Preservation Alliance. She said that the people at Brucemore actually work very closely with the people at the National Trust. Burford said that one has to get out on the street and talk to people, and it is a huge effort. Baldridge said there was a decision to create an NGO similar to Friends so that they would have an arm that could do what Friends does in Iowa City, as opposed to limitations placed on a City commission. Burford said that the crux of the problem 30 days ago was that the City of Cedar Rapids didn't want its historic preservation commission to be proactive. She said the City of Cedar Rapids wanted its commission to be consultative to make recommendations. Burford said the City itself did not know what it wanted to do. She said the City is throwing roadblocks in the way of making decisions. Trimble said that the City originally told them not to survey the Czech Village and gave instructions to survey around it. Historic Preservation Commission August 14, 2008 Page 11 Trimble said that the residents are really interested in a return to the Czech-influenced American architecture in that area. She said that they don't want the buildings to be totally modern now and don't want to return to that seventies style. Regarding historic preservation loss, Burford said that the tax credits are really in place for developers and business people, not really for homeowners. Trimble said that with the tax credits, it takes the State 30 days to turn around and then the feds another 30 days to turn around, and the residents can't get any money back before that. Trimble said she was told that there is actually a bank that will float money for the tax credits for a certain percentage. Kuecker referred to a memo in the packet regarding potential historic preservation awards. She said the Commission needs to compile a list of properties to consider for the awards, which are held in October. Kuecker asked Commission members to notify her of eligible properties in the next few days. ADJOURNMENT: The meeting was adjourned at 7:43 p.m. Minutes submitted by Anne Schulte s/pcd/mins/hpc/2008/hpc8-14-08.doc c 0 .y N E 0 0 e~ d N L a 0 N ^^ 0 m m ~ ~ o ~ o ~ N .a C d ~+ a x x x x x x x o x N X X ~ X X X ~ X ` . X O x x x x x o x o o x x o x x x O O X O N x x ; x x o x o o x x ~ ~ °° o x x x o x x x x x 0 x ; x x x x x o o o o M x o x x x o x ; x x x N ~ X ~ X X X X `O i O O X x x x o x x x ~ x " o ~~ ~ ~ ~ o , ~ o , o ~ , ~ ~ , ~ o , o ~ ~ o , ~ ~ , ~ o , o ~ , ~ o , H W N N N N N N N N N N N N M M M M M M M M M M M M ~ C ~ Y 'O ~. d d Y 0 ~ f0 Z i0 m ! 6 m ~ m ~ 7 W V ~ 0 a 3 N V F- 0 F- H 0 -~ a~ 7 U X W +, c c ~ ~ ~ ~ rn dQ~ ~ II II W YXOO