Building Code Kerfuffle.
Note: This is an example of the kind of journalistic thing I would simply love to do much more of if time afforded. I've done my best to get the facts correct. Quotes are direct from my transcribed notes of conversations with the person's involved. Please feel free to add anything useful or to point out corrections in the comments.
For many years in Clinton the lack of a municipal building code has been a Gordian Knot that has resisted all efforts to untie it by voters, developers, and local government officials. On March 12, a bill intended to cut the knot unanimously passed the Iowa House and was sent to the Senate. The bill, House File 590, was sponsored by State Representatives, Polly Bukta (D-Clinton) and Geri Huser (D-Altoona). It would require all municipalities under the population of 15,000 that do not have their own building code to adopt the state building code. The number of communities affected by this bill? One. Clinton.
The result was predictable and brought out the best in Clinton politics and public discourse. Elected City officials immediately disclaimed any knowledge or encouragement of Rep. Bukta’s bill. Those local constituencies that have long fought a building code cried “foul!” and many surmised in public that the whole thing is a conspiracy cooked up by organized labor, building contractors from the Quad Cities, and the Democratic Party to cram unwanted regulations down the throats of the good citizens of Clinton. City employees advocated for a building code were compared by a City Council member to Communist Party apparatchiks.
This being 2007, this discussion inevitably spilled over to Internet bulletin boards, chiefly the “Hey Martha!” board run by the Clinton Herald’s parent company, Community Newspaper Holdings, Inc. On March 23, David Jindrich, an Iowa Department of Corrections Employee, posted a message that stated in part,
Jindrich had also apparently posted the text of an e-mail text of an email sent by Second Ward City Councilman, Mike Kearny to three members of the Senate Local Government Subcommittee that are considering the bill. CNHI moderators deleted this post and then revoked Jindrich’s posting privileges on the Clinton Herald bulletin boards.
Jindrich then posted on the privately run, “Hey Mabel!” boards informing the readers there (many of whom frequent both communities) of his booting from Hey Martha! and reposting the email from Councilman Kearny. The text of this email reads:
Mr. Jindrich stated that he was informed via e-mail that his membership in the CHNI, Hey Martha! boards had been revoked. According to Jindrich the stated reason was simply “violation of terms of service,” and that he received no warning.
Jindrich was contacted on March 23 and agreed to provide the author with a copy of the correspondence from CNHI but as of this writing had not done so.
It should be noted that Mayor Wynn did participate in a press conference on March 20, that generally supported the bill.
When asked if the e-mail message was genuine, Councilman Kearny asserted that it was. He clarified his position by stating, “The City Attorney has made it pretty clear over the last year, that in matters relating to the City the City Council is the decision making body. It is very disturbing that we have city employees who are taking it upon themselves to lobby. I’ve got a problem with that.”
Kearny also felt that Representative Bukta was wrong to introduce the bill without discussing it with City officials. “I am not happy about the fact that what has taken place has taken place without the knowledge of the council. You’d think she’d have the courtesy to inform the City Council,” Kearny explained.
The City of Clinton has steadfastly refused to adopt a building code. Starting in the 1940’s (time line here) the City Council has taken up the matter no less than five times. Voters defeated the previous two attempts by the City Council to adopt a building code in 1995 and in 2003. The 1995 referendum lead to the adoption of a fire code.
A recent example of the confusion that can be caused by a fire code that is dependent upon the subjective rulings of individual enforcement officers is the case of the restoration of the Armstrong Building on South 2nd Street. In 2005 plans were submitted for the adaptive reuse of the building using historical preservation tax credits. The Chamber of Commerce and Regional Development Corporation would occupy the ground floor while affordable housing apartments would be constructed by Spirit Lake-based, Community Housing Initiatives.
The Armstrong Building had an existing sprinkler system and the plans called for maintaining and upgrading that system. For both aesthetic, cost, and historical preservation reasons the plan was to keep the old wooden floor joists exposed.
The building permit was issued before construction began. However in April, 2005 while construction was nearly halfway completed, the Clinton Fire Marshall, Mike Brown told the joint developers that the fire code required that the ceilings be enclosed in drywall.
Community Housing Initiatives wished to appeal the decision. The City found it difficult to assemble the Appeals Board. It turns out this body had never been convened. The City had difficulty locating one member at all and several members were out of town for extended periods. It took seven weeks to bring the board together. The appeal was rejected and total cost to CHI was $38,000.
This was CHI’s third project in Clinton. The company also was the lead developer for the adaptive reuse of the Howes and the Van Allen Buildings. CHI Manager of Development, Sam Erickson said they would work with the city again, but, “If you want to continue to develop and forward your community, you are going to have to make things easier for developers and. You are going to turn people away.”
Ms. Erickson cited Dubuque as a stellar example of a medium-sized city that has balanced the need for historic preservation and redevelopment of a decaying downtown with modern building practices and codes. Without a code and enforcement personnel, “You are threatening all the good work that is being done to revitalize the downtown. You are doing everything else right. The rest of the country is able to find ways to do this,” Erickson concluded.
HF 590, if passed would give Clinton a one-year window in which to develop its own building code, suited to its own needs. Surely, after all these long years, with the examples of thousands of successful towns and cities to emulate – one of the best examples a mere hour’s drive north – Clinton can finally do what it has failed to do since 1941, adopt a modern building code.
Reps Bukta and Huser have done Clinton a favor by forcing the City to do the right thing. Few will thank them for it. That is what makes what they have done all the more courageous. That is what real leaders do.
For many years in Clinton the lack of a municipal building code has been a Gordian Knot that has resisted all efforts to untie it by voters, developers, and local government officials. On March 12, a bill intended to cut the knot unanimously passed the Iowa House and was sent to the Senate. The bill, House File 590, was sponsored by State Representatives, Polly Bukta (D-Clinton) and Geri Huser (D-Altoona). It would require all municipalities under the population of 15,000 that do not have their own building code to adopt the state building code. The number of communities affected by this bill? One. Clinton.
The result was predictable and brought out the best in Clinton politics and public discourse. Elected City officials immediately disclaimed any knowledge or encouragement of Rep. Bukta’s bill. Those local constituencies that have long fought a building code cried “foul!” and many surmised in public that the whole thing is a conspiracy cooked up by organized labor, building contractors from the Quad Cities, and the Democratic Party to cram unwanted regulations down the throats of the good citizens of Clinton. City employees advocated for a building code were compared by a City Council member to Communist Party apparatchiks.
This being 2007, this discussion inevitably spilled over to Internet bulletin boards, chiefly the “Hey Martha!” board run by the Clinton Herald’s parent company, Community Newspaper Holdings, Inc. On March 23, David Jindrich, an Iowa Department of Corrections Employee, posted a message that stated in part,
It’s no secret that the City Council feels that they have egg on their frowning faces. First, two City employees [i.e.: Fire Chief & Fire Marshall] with the blessing of the Mayor, take the issue to the State Fire Chiefs (sic.) Association [A professional organization] to lobby the legislature for a change in state law. Then Polly joins ranks and runs the HF through the House with little debate. The Mayor denies any knowledge on behalf of the Council that the Fire Department employees had taken the issue to Des Moines.
Jindrich had also apparently posted the text of an e-mail text of an email sent by Second Ward City Councilman, Mike Kearny to three members of the Senate Local Government Subcommittee that are considering the bill. CNHI moderators deleted this post and then revoked Jindrich’s posting privileges on the Clinton Herald bulletin boards.
Jindrich then posted on the privately run, “Hey Mabel!” boards informing the readers there (many of whom frequent both communities) of his booting from Hey Martha! and reposting the email from Councilman Kearny. The text of this email reads:
>----- Original Message -----
From: Michael Kearney
To: bill.heckroth@legis.state.ia.us ; brian.schoenjahn@legis.state.ia.us
brad.zaun@legis.state.ia.us
Cc: Roger Stewart ; Polly Bukta
Sent: Wednesday, March 21, 2007 4:02 PM
Subject: House File 590
Senator Heckroth, Senator Schoenjahn and Senator Zaun,
I am a City Councilman representing the 2nd Ward of the City of Clinton. I am deeply disturbed by House File 590 because it is my understanding that the legislature was lobbied by employees of the City of Clinton without the prior knowledge or consent of the City Council. I might have expected such behavior in the former Soviet Union or modern day North Korea, but not in the United States where policy matters should be advocated openly by
elected bodies and not employees of the elected body in secret.
You should know that there are many of us both on the Council and other
community leaders who are very concerned about life and safety issues and who have been discussing approaches to deal with them who now feel that the rug has been pulled out from under them by the action which is now before the legislature.
Please call me with any questions. (Phone number redacted, ed.)
Sincerely,
Michael J. Kearney
200 5th Avenue South #304
Clinton, Iowa 52732
Mr. Jindrich stated that he was informed via e-mail that his membership in the CHNI, Hey Martha! boards had been revoked. According to Jindrich the stated reason was simply “violation of terms of service,” and that he received no warning.
Jindrich was contacted on March 23 and agreed to provide the author with a copy of the correspondence from CNHI but as of this writing had not done so.
It should be noted that Mayor Wynn did participate in a press conference on March 20, that generally supported the bill.
When asked if the e-mail message was genuine, Councilman Kearny asserted that it was. He clarified his position by stating, “The City Attorney has made it pretty clear over the last year, that in matters relating to the City the City Council is the decision making body. It is very disturbing that we have city employees who are taking it upon themselves to lobby. I’ve got a problem with that.”
Kearny also felt that Representative Bukta was wrong to introduce the bill without discussing it with City officials. “I am not happy about the fact that what has taken place has taken place without the knowledge of the council. You’d think she’d have the courtesy to inform the City Council,” Kearny explained.
The City of Clinton has steadfastly refused to adopt a building code. Starting in the 1940’s (time line here) the City Council has taken up the matter no less than five times. Voters defeated the previous two attempts by the City Council to adopt a building code in 1995 and in 2003. The 1995 referendum lead to the adoption of a fire code.
A recent example of the confusion that can be caused by a fire code that is dependent upon the subjective rulings of individual enforcement officers is the case of the restoration of the Armstrong Building on South 2nd Street. In 2005 plans were submitted for the adaptive reuse of the building using historical preservation tax credits. The Chamber of Commerce and Regional Development Corporation would occupy the ground floor while affordable housing apartments would be constructed by Spirit Lake-based, Community Housing Initiatives.
The Armstrong Building had an existing sprinkler system and the plans called for maintaining and upgrading that system. For both aesthetic, cost, and historical preservation reasons the plan was to keep the old wooden floor joists exposed.
The building permit was issued before construction began. However in April, 2005 while construction was nearly halfway completed, the Clinton Fire Marshall, Mike Brown told the joint developers that the fire code required that the ceilings be enclosed in drywall.
Community Housing Initiatives wished to appeal the decision. The City found it difficult to assemble the Appeals Board. It turns out this body had never been convened. The City had difficulty locating one member at all and several members were out of town for extended periods. It took seven weeks to bring the board together. The appeal was rejected and total cost to CHI was $38,000.
This was CHI’s third project in Clinton. The company also was the lead developer for the adaptive reuse of the Howes and the Van Allen Buildings. CHI Manager of Development, Sam Erickson said they would work with the city again, but, “If you want to continue to develop and forward your community, you are going to have to make things easier for developers and. You are going to turn people away.”
Ms. Erickson cited Dubuque as a stellar example of a medium-sized city that has balanced the need for historic preservation and redevelopment of a decaying downtown with modern building practices and codes. Without a code and enforcement personnel, “You are threatening all the good work that is being done to revitalize the downtown. You are doing everything else right. The rest of the country is able to find ways to do this,” Erickson concluded.
HF 590, if passed would give Clinton a one-year window in which to develop its own building code, suited to its own needs. Surely, after all these long years, with the examples of thousands of successful towns and cities to emulate – one of the best examples a mere hour’s drive north – Clinton can finally do what it has failed to do since 1941, adopt a modern building code.
Reps Bukta and Huser have done Clinton a favor by forcing the City to do the right thing. Few will thank them for it. That is what makes what they have done all the more courageous. That is what real leaders do.
posted by -cman- at 3/26/2007 08:15:00 PM
5 Comments:
Conner,
Don’t give up your day job for a freelance journalist! First, Since you are not a newspaper, securing permission before using names is a must on your Blog to prevent liable. Second, don’t assume that information being obtained is done so as an official capacity of employment. I can assure you that the System Administrators will not fined personal emails in my work PC. Finally, try to remain unbiased when writing an article. There are two parties at work in the building code issue. This piece drips of Democratic righteousness!
Have a good day,
Conner,
I do not agree with you on many items but this one you have hit the nail on the head.
Dead On cman!
I don't pay you to be screwing around all day on this Blog. Get to work, or find another job!
Just cleaning up some stuff. Dave, when someone calls you on the phone as I did that day and says, "I'm doing an article that I am going to put on the Internet, would you answer some questions on the record?" When you say yes, that means you are giving permsssion to use both your name and all the things you say.
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