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MINUTES
HISTORIC PRESERVATION COMMISSION
REGULAR SESSION
5:30 p.m.
Thursday, January 15, 2015
City Council Chamber, Historic Federal Building
Commissioners Present: Chairperson Bob McDonell; Commissioners Joseph Rapp,
Christine Monk, David Klavitter and Mary Loney-Bichell.
Commissioners Excused: Commissioners Otto Krueger, Chris Olson and John
Whalen.
Staff Members Present: David Johnson and Eric Van Buskirk.
CALL TO ORDER: The meeting was called to order by Chairperson McDonell at 5:32
p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: Motion by Monk, seconded by Klavitter, to approve the minutes of the
November 20, 2014 meeting as submitted. Motion carried by the following vote: Aye —
Rapp, Monk, and McDonell; Nay— None; Abstain — Bichell and Klavitter.
DESIGN REVIEW: Application of Andrew and Emily McCready for a Certificate of
Appropriateness to rehab the front and side porches for property located at 1268 Locust
Street in the Jackson Park District.
Staff Member Johnson reviewed the Staff report. He explained the property owner will
be restoring the original front porch and introducing a new wraparound porch and
balcony on the southwest side of the home. He stated the new porch and balcony will
be based on historic documentation provided in the application. He explained the
original wraparound porch and balcony was altered to the form seen today. He
referenced a chronology of Sanborn Fire Insurance Maps which depicted the alterations
over time as well as an undated historic image provided by the Loras College Center for
Dubuque History. He indicated the existing front porch is constructed of wood and
severely damaged due to neglect. He stated the front porch will be restored keeping its
current design using wood and composite materials. He explained the porch will also be
extended and wrap around the south side of the home as depicted in the 1891 Sanborn
Map. He referenced scars on the building which also depict the location of columns
that were removed some time ago. He noted the existing porch on the rear half of the
south side of the building will be removed. He explained historic documentation shows
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January 15, 2015
Page 2
the porch is not original to the house. He stated it also does not appear in any building
permit information or Sanborn maps. He stated the application explains the screened
in wood porch is in disrepair, and a new smaller, more appropriately scaled and detailed
wood porch with a second story balcony will be constructed in its place.
Andrew McCready, property owner and applicant, presented the application. He
explained he has little to add to the Staff report other than they are excited to begin the
project and restore the exterior of the home.
The Commission discussed the application and noted it will be an excellent project.
The Commission expressed their gratitude for the effort and investment in the property.
The Commission questioned whether any wood epoxy would be required in the project.
The applicant responded that is an unknown at this time, and their focus is on removing
the porches before they fall off.
Commissioner Klavitter noted a product called Abitron which he found helpful in
restoring and patching wood windows.
The Commission thanked the applicant for undertaking such a large project.
Motion by Klavitter, seconded by Bichell, to approve the application as submitted.
Motion carried by the following vote: Aye: Rapp, Monk, Bichell, Klavitter, and McDonell;
Nay— None.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION:
Work Plan Update: Staff Member Johnson provided an update for the Historic
Preservation Commission Work Plan items.
Staff Member Johnson noted the survey and registration projects are progressing well.
He stated the Old Main, Iowa Street, and Washington Neighborhood nominations are
scheduled for initial SHPO review in February and on track for the June 2015 State
Nominations Review Committee agenda. He noted the other nominations are almost
fully documented with the exception of some additional pictures that need to be taken.
The Commission and Staff discussed the work plan items that were being addressed by
former Commissioner Julie Schlarman. The Commission asked Staff to communicate
with Ms. Schlarman about her intentions for those work plan items.
The Commission questioned whether the public is aware of opportunities for
establishing the Residential Restricted Parking areas. Staff Member Johnson explained
that is a matter of public record. The Commission stated they would like to work with the
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January 15, 2015
Page 3
Engineering Department on marketing the opportunity. The Commission suggested a
small piece on the City of Dubuque website.
Staff Member Van Buskirk reviewed updates for the Comparative Analysis of Historic
Districts. He explained he is in the process of laying the document out. He explained
he is still working with the City Assessor's Office on obtaining the property valuation
data. He reviewed and outlined the report's contents.
Commissioner Klavitter updated the Commission on the Education Plan. He asked
whether Planning Services Staff received any comments or feedback on the two
economic impact studies that were forwarded to Commissioners. Planning Services
Staff stated they had not received any comments. Commissioner Klavitter suggested
waiting another month to receive feedback from Commissioners.
Resignation Election of Vice-Chairperson and Re-Assignment of Work Plan:
Chairperson McDonell noted the Commission has received a resignation letter from
Commissioner Schlarman. He noted she was the champion of two items on the
Commission's work plan and also served as vice-chairperson for the Commission. Staff
Member Johnson confirmed all Commission members received a copy of Ms.
Schlarman's resignation letter.
The Commission discussed nominating a vice-chairperson to fill out the unexpired term
of Commissioner Schlarman. The consensus of the Commission was to postpone
nominating a vice chairperson to the February regular Commission meeting when more
members will be in attendance.
New Construction & Site Plan Review: Staff Member Johnson reviewed the
Commission requested Staff investigate regulations in similar cities in order to
potentially modify the Historic Preservation Code to require site plan review for all new
construction within historic districts. He stated Planning Staff has contacted the Legal
Services Department requesting they assist with researching those issues as time
allows. He noted the results of the research will be provided to the Commission when it
becomes available.
The Commission questioned whether the National Alliance of Preservation
Commissions could assist with the research. Staff Member Johnson noted they may be
a resource the Legal Services Department contacts, noting they were a resource when
updating the demolition code language.
The Commission questioned whether the Legal Services Department gave any
indication as to their timeframe for finishing the research. Staff Member Johnson stated
no time frame was given. Chairperson McDonell reiterated the importance of the issue
to him, noting the impacts of new construction and the Commission's role in protecting
the historic nature of neighborhoods. He noted the current Code limits the amount of
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January 15, 2015
Page 4
input the Commission has on new construction. Commissioner Klavitter noted he and
his neighbors are interested in learning more about this as well as opportunities for
providing input for new construction projects.
The Commission asked whether it would be reasonable to ask Legal Counsel for a time
frame for completing the research. The Commission suggested if Legal Counsel does
not feel there is sufficient time for City Staff to devote to the issue, the Commission
could explore other alternatives to getting the information and move forward with
amended Code language. Staff Member Johnson noted it would be reasonable to ask
the Legal Services Department if there was an estimated timeframe for researching the
matter.
Historic Preservation Program: The Commission expressed disappointment in
Commissioner Schlarman's resignation and the article written by the Telegraph Herald.
The Commission explained they have worked hard to establish credibility and their
reputation. The Commission noted the article made the Commission seem arbitrary,
capricious, judgmental and contradictory of the law. The Commission noted the article
was written in response to design review of new construction in a historic district.
Chairperson McDonell noted the Commission operated under the assumption there
were certain things the Commission could do with regard to reviewing new construction
in historic districts at the October 2014 meeting. He noted when clarification was
provided at the subsequent meeting, the Commission approved the project, allowing it
to move forward, none of which was communicated in the article. Commissioner
McDonell stated he felt the tone of the article was taken from a memorandum written to
the Commission from Planning Services Manager Laura Carstens on November 10th.
He stated the memorandum was more negative and derogatory than it needed to be.
Staff Member Johnson clarified Commissioner Schlarman's concerns and reasons for
resignation were not because of the memo prepared by Planning Services Staff; it was
a result of having read the draft minutes of the October Commission meeting. He
stated the issue has nothing to do with the Telegraph Herald, and has everything to do
with the conduct of the Commission at the October meeting. He explained the
Commission did operate under assumptions at the October meeting and although
Planning Staff repeatedly attempted to provide direction as to what the Commission's
scope and authority was in reviewing the design review case, the Commission
disregarded it. He noted the Commission continued to discuss issues irrelevant to the
design review case and their role. He noted the record of the meeting reflected the
Commission's comments about the applicant, the applicant's credibility, and some of
the Commissioner's personal feelings about the applicant.
He reiterated the issue has nothing to do with the Telegraph Herald article, Planning
Services Manager Laura Carstens, or Planning Services Staff, and has everything to do
with what was said by Commissioners at the October meeting. Staff Member Johnson
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January 15, 2015
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explained the memo prepared by Planning Staff was in response to a meeting with the
Legal Services Department regarding concerns of the conduct of the Commission at the
October meeting. He stated the City of Dubuque Legal Services Department shared
Planning Services Staff's concerns with what was said by Commissioners.
Commissioner Bichell supported Chairperson McDonell's concerns, noting the memo
publicly criticized the Commission. Commissioner Bichell noted Commissioners are
volunteers. She explained they are all passionate about preservation, the city, and their
neighborhoods. She noted commissioners are not lawyers and should not be expected
to be.
Chairperson McDonell stated he addressed several questions to Planning Services
Staff at the October meeting regarding their role and noted the purpose of the
Commission is to maintain the historic integrity of the neighborhood. He stated it was
not until prior to the November meeting that it became clear that regulating the site and
setting of new construction was not allowed. Staff Member Johnson stated there should
have been no confusion. He explained the role of the Commission in reviewing the
design of the building was clearly stated in the Staff report, and Staff reiterated that
point numerous times throughout the October meeting. He clarified that Planning
Services Staffs November 10th memo was not published or released to the media. He
explained the story was picked up as a result of the draft minutes which are forwarded
every month to City Council. He noted the Telegraph Herald also requested the audio
transcripts of the meeting.
The Commission reviewed their past and current commitment to preservation and the
city of Dubuque, noting they are very dedicated and deserving of more respect.
Commissioner Bichell explained she understands Commissioner Schlarman's concerns
and reasons for resigning from the Commission; however, it serves no one to denigrate
fellow Commissioners.
The Commission noted they recognize the importance of preservation to the city of
Dubuque in all of its facets, and all members have been tremendously committed. Staff
Member Johnson agreed all Commissioners are incredibly dedicated to preservation;
however, to blame Staff for the conduct of the Commission at the October meeting and
the Telegraph Herald article is wrong. He noted the memorandum provided by
Planning Services Staff was written notice of everything that was verbally
communicated to the Commission during the October meeting. He explained the
Planning Services Department cannot control what the Telegraph Herald writes, nor
can they control a Commissioner's reasons for resigning or what they write in their
resignation letter.
Commissioner Klavitter acknowledged he understood the position of the Commission
and Staff, and stated although he was unable to attend the October meeting, better
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January 15, 2015
Page 6
communication would have been beneficial. He stated through the dedication of the
Commission and professionalism from Staff, there is an opportunity to learn and
improve the preservation program.
Chairperson McDonell stated he is concerned the City does not share the
Commission's priorities, referencing the request to research site plans. He noted when
the Commission updated the Demolition Code language in the Unified Development
Code it had to be Supreme Court approved, which was constricting. Staff Member
Johnson noted it is important to the City that its Codes can stand up in court.
Commissioner McDonell noted nothing is absolute, and the process for updating the
Demolition Code language was longer than it needed to be.
Staff Member Johnson clarified the Legal Services Department as well as all City
Departments have a lot of things they work on. He stated a top priority for the Historic
Preservation Commission may not be a top priority for City Council or City Departments.
He explained this does not mean the City is dismissing the goals of the Commission;
rather these goals may not happen in the time frame the Commission wants.
Staff Member Johnson reiterated he will communicate with the Legal Services
Department about an estimated time frame for completing the research. The
Commission asked if the Legal Services Department does not have time to undertake
the research whether they can conduct the research. Staff Member Johnson stated that
is an option.
The Commission noted they are unaware of many of the details of the Preservation
Program which is a source of frustration. Chairperson McDonell cited the Building
Services Department Historic Preservation Enforcement Report as an example.
Commissioner Bichell noted the Arlington Street project is an opportunity to learn, and
asked whether the Commission is free to learn from past design reviews. She noted
when the first duplex on Arlington Street was built, there were numerous issues that
were revisited a few years later with the second duplex proposal. She noted the scale
of the proposed duplex is much larger and inconsistent with the smaller home west of
the property. She questioned whether precedent is set in design review.
Staff Member Johnson clarified projects are reviewed using the City of Dubuque
Architectural Guidelines. He stated Planning Services staff provided a line-by-line
review of applicable Architectural Guidelines for the Arlington Street project to help the
Commission with their design review task. He stated after calculating the heights of
every building along the block, the proposed duplex was in keeping with the average
height of buildings. He clarified the proposed duplex is not the tallest building along the
block. He explained the historic brick building in the center of the block is actually the
tallest building from grade. He explained when the project was reviewed a second time
in November, in light of that information, the Commission approved the project.
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January 15, 2015
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Commissioner McDonell noted the reason he approved the project in November was
because City Code restricted the Commission's ability to review the site and setting.
Staff Member Johnson agreed, noting the Commission's role was to evaluate the
design and materials of the building. He noted when the staff report itemized each
design standard, the Commission found the project to comply with those standards. He
explained the Commission has the ability to review the design and materials of
buildings in historic districts against the design standards.
Commissioner Bichell suggested the height of proposed buildings should be more in
keeping with adjacent buildings. Commissioner McDonell stated height is irrelevant in
terms of their authority under City Code. Staff Member Johnson clarified it is not
irrelevant; building height and building scale are all guidelines and under their purview
since its part of the building form. He clarified what was irrelevant in the October
discussion was comments regarding parking, zoning, density, changes the applicant
made to the interior of the 2011 duplex, and the credibility of the applicant.
Commissioner Bichell clarified she's interested in knowing whether design standards
can be applied differently for different circumstances. Staff Member Johnson stated
they can if the Architectural Guidelines support that. Staff Member Johnson noted the
Architectural Guidelines address mass and scale on a block level and do not
specifically state a tall building cannot be located next to a smaller building. He noted
when you look at a historic neighborhood, not every building is a similar height.
Commissioner Klavitter stated he is still unclear on the scope of authority given to the
Commission under City Code. Commissioner McDonell explained sections of City Code
supersede others in terms of scope and purpose. Staff Member Johnson clarified City
Code allows the Commission to review the design and materials of buildings that
require a building permit and are visible from a public right-of-way.
Staff Approval: The Commission noted Planning Services has the ability to sign-off on
many more projects, but the Commission is not knowledgeable of the projects. The
Commission asked whether a report could be prepared, noting it doesn't have to be
detailed. The Commission noted they would like to be aware of work that is happening
in historic neighborhoods. Staff Member Johnson noted this can be done.
ITEMS FROM STAFF:
St. Mary's Catholic Church National Register of Historic Places Historic District: Staff
Member Johnson stated the State Nominations Review Committee plans to consider
the St. Mary's Catholic Church Historic District during their February 13, 2015 meeting.
He explained as a participant in the Certified Local Government Program, the City of
Dubuque is required to review and comment on National Register nominations within its
jurisdiction. He explained the State is requesting the Commission review the
nomination, comment on its National Register eligibility and whether the St. Mary's
Catholic Church Historic District is significant under Criteria A, B, C or D for listing on
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January 15, 2015
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the National Register. He noted the nomination indicates that the property is significant
under Criteria A, B and C. He explained Criterion A is property associated with events
that have made a significant contribution to the broad patterns of history, Criterion B is
property associated with the lives of persons significant in our past, and Criterion C is
property that embodies the distinctive characteristics of a type, or method of
construction, or represents the work of a master, or possesses higher artistic values, or
represents a significant and distinguishable entity whose components lack individual
distinction.
Duane Hagerty, Hagerty Heritage Planning, presented the nomination to the
Commission. He noted he is a historic preservation consultant who has been working
with the Friends of the St. Mary's group, who is redeveloping the St. Mary's campus as
well as with the property owners. He noted he was asked to prepare a nomination for
the St. Mary's Catholic Church Historic District. He stated the district includes the block
of buildings bound by White, Jackson, 15th and 16th Streets. He noted he believes the
nomination is eligible for listing on the National Register under Criteria A, B and C. Mr.
Hagerty reviewed those associations in greater detail. He stated it is eligible under
Criteria A for its connection to the German immigrant population in Dubuque, and
Criterion B for its connection to Chaplain Schmitt, who was the assistant pastor there
from 1937 — 1939 before joining the military. He noted Chaplain Schmitt died during
the attack on Pearl Harbor. He stated it is eligible under Criterion C for its outstanding
architecture. He explained the district is a cohesive collection of architectural revival
styles and buildings. He noted his research indicates that St. Mary's Church served as
a model for German Church buildings in the 1800s. He stated after St. Mary's was built,
many German parishes emulated that style. He noted he has worked closely with the
State Historic Preservation Office who has commented on the nomination, and they
would appreciate any comments from the Commission.
The Commission expressed their appreciation for the work and effort that goes into
maintaining that area. They noted it is a defining characteristic of the neighborhood and
city of Dubuque.
Commissioner McDonell stated the St. Mary's Casino Building is an excellent example
of why it is important to preserve buildings. The Commission again thanked the property
owners, developers and consultant for all the work they have done.
Commissioner Klavitter commended the community for the resources that are
supporting the project. Commissioner Bichell expressed how happy she is the buildings
are being repurposed.
Mr. Haggerty stated the Commission might be interested in knowing through his
research, he found the Archdiocese archives contains three of four volumes of building
committee minutes from when the building was built between 1863 and 1888. He noted
there is between 400 and 450 pages of written material in German script. He stated he
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January 15, 2015
Page 9
is working with a retired professor from Loras College who is starting to go through the
building minutes and translate the more important parts to get a better understanding of
the details of the construction and those involved.
Commissioner Rapp commended the consultant for all the detail provided in the
nomination. He encouraged Mr. Hagerty reconsider how Germans are generally
addressed in the nomination. He noted a more accurate description would be to state
German speaking or German-speaking immigrants since people from Luxemburg,
Lichtenstein, Austria, Bavaria and other German-speaking countries are oftentimes
generally referenced as German. Commissioner Rapp noted by being more detailed or
accurate in describing the German-speaking people, that may open up additional
funding sources for preservation of the property. Commissioner Rapp also informed
Mr. Hagerty that Martin Heer had returned to Germany, where he died in the 1920s. He
noted he would forward the information to Mr. Hagerty.
Mr. Hagerty thanked Mr. Rapp for his information and the Commission for their support,
noting the issue of identifying German-speaking people is one that he has been
learning and would agree with the comments from Commissioner Rapp, noting German
can imply many things. Commissioner Bichell noted it also adds to the richness of the
immigrant history of Dubuque.
Motion by Klavitter, seconded by Rapp, to recommend to the State Nominations Review
Committee that the St. Mary's Catholic Church Historic District is eligible for listing on
the National Register of Historic Places based on significance criteria A, B and C.
Motion carried by the following vote: Aye — Rapp, Monk, Klavitter, Bichell and McDonell;
Nay— none.
Building Services Historic Preservation Enforcement Report: Staff Member Johnson
provided an update for the properties on the report.
ADJOURNMENT: The meeting adjourned at 6:30 p.m.
Respectfully submitted,
Laura Carstens, Planning Services Manager Adopted