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Minutes Historic Pres 10 17 02MINUTES REGULAR SESSION Thursday, October 17, 2002 5:00 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: ABSENT: Chairperson Chris Wand; Commission Members Jim Gibbs, John Whalen, Chris Scheopner and Terry Mozena; Staff Members Laura Carstens and Wally Wemimont. Commission Member Suzanne Guinn. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the meeting was being held in compliance with the Iowa Open Meetings Law. CALL TO ORDER: The meeting was called to order by Chairperson Wand at 5:06 p.m. MINUTES: Chairperson Wand suggested that under the Main Street Update section of the minutes, that the funding that was received for the Betty Jane/Vy's Nutrition was for the rehab of the building exterior and interior, and not just the facades. Motion by Whalen, seconded by Gibbs to approve the minutes of the September 19, 2002 meeting with the suggested change~ Motion was approved by the following vote: Aye - Gibbs, Scheopner, Whalen and Wand; Nay - None. ACTION ITEM: Application of Cottingham & Butler for a historic property tax rebate for the property located at 835 Main Street (Town Clock Building). Mary Lou Baal, representative from Cottingham & Butler, was in attendance. Bill Baum, Economic Development Director, addressed the Commission regarding the tax rebate program for properties that have had substantial rehabilitation. Mr. Baum outlined the program requirements and noted that Cottingham and Butler has submitted a full application. He indicated that Cottingham and Butler have invested a significant amount of money into the Town Clock Building. Mr. Baum said that the State Historic Preservation Office has approved the property as a substantial rehab property and that it qualified for historic tax credits. He recommended the Historic Preservation Commission provide a recommendation to the City Council in favor of the tax rebates for the Town Clock Building. Motion by Gibbs, seconded by Whalen, to recommend the City Council approve the tax rebate for the Town Clock Building located at 835 Main Street. Motion was approved by the following vote: Aye - Whalen, Gibbs, Scheopner and Wand; Nay - None. Minutes - Historic Preservation Commission October 17, 2002 Page 2 ACTION ITEM: Application of Cooper Development Co. LLC for a historic property tax rebate for the property located at 299 Main Street (Bricktown). Representatives for the Cooper Development Company, LLC were not in attendance~ Bill Baum, Economic Development Director, addressed the Commission regarding the application. Mr. Baum noted that the Cooper Development Company has invested a substantial amount of money into the renovation of the exterior, basement, first floor and second floor of the former Cooper Wagon Works Building (Bricktown) located at 299 Main Street. He noted that the Cooper Development Company, LLC has not received a final approval for Part 3 of their application that was submitted to the State Historic Preservation Office for substantial rehabilitation. Mr. Baum stated that the Cooper Development Company, LLC has received tax credits from the State Historic Preservation Office for the rehabilitation that has already been completed on the building. He stated that the current improvements have significantly increased the taxable value of the building. Mr. Baum stated that the upper two floors have not been completed yet; however, he feels that a substantial amount of work has been done to the building, and noted that the tax rebate period will start next year, if approved. He noted the applicants would not be able to come back for another tax rebate for the upper two floors when they are finished, and that the timeline will start next year, if approved. He recommended the Historic Preservation Commission provide a recommendation to the City Council in favor of the tax rebates for the property at 299 Main Street. Motion by VVand, seconded by Whalen, to recommend to the City Council to approve a tax rebate for the Cooper Wagon Works Building located at 299 Main Street. Motion was approved by the following vote: Aye - Whalen, Gibbs, Scheopner and Wand; Nay - None. DESIGN REVIEW: Application of David Cox for a Certificate of Appropriateness to redesign the front porch at 407/409 Loras Boulevard (tabled) located in the W. 11th Street Historic Preservation District. David Cox presented his application to the Commission. He noted that he is restoring the front porch back to its original appearance. He stated he was able to find an historic photograph of the front of the building with its original porch. He noted the porch was 4' by 14' and had a porch overhang supported by large wooden brackets. He noted the porch overhang had thick wood spindles and a railing around the top of the porch overhang. He stated that the porch would be made of wood and the porch hood will be located above the openings above the door and below the windows located on the second floor. Note: Commissioner Terry Mozena entered at 5:25 PM. Minutes - Histodc Preservation Commission October 17, 2002 Page 3 Staff member Carstens presented the staff report, noting that the applicant has submitted an historic photo of the front of the building with what appears to be the original porch. She referred to a Sanborn map, which indicated the dimensions of the porch. She noted that the porch was in compliance with the architectural guidelines for historic structures. Commissioner Wand indicated that he liked this design better than the previous designs that were submitted to the Commission. Commissioner Gibbs asked Mr. Cox about the porch railing up the steps. Mr. Cox indicated that the hand railing would be wood and that the spindles will not be as thick as the one on the pomh hood, but thicker than a 2" by 2" spindle. Motion by Whalen, seconded by Gibbs, to approve the application as submitted. Motion was approved by the following vote: Aye - Whalen, Gibbs, Scheopner, Mozena and Wand; Nay - None. DESIGN REVIEW: Application of Tom Rewerts/Steve Althoff for a Certificate of Appropriateness to remove a portion of the south building wall for property located at 342 Main Street (German Bank Building) in the Old Main Historic Preservation District. Tom Rewerts, consulting structural engineer, represented Steve Althoff, property owner. Mr. Rewerts noted that currently Mr. Althoff is in a lawsuit with the City. He indicated that the installation of the City's parking ramp caused soils to shift underneath the building and caused the rear portion of the building to crack. Mr: Rewerts indicated that is one of the reasons the German Bank Building has remained unimproved. He noted that there was a fire on October 1, 2001, that gutted the interior of the building. Mr. Rewerts noted that the front facade of the building remains intact and the first floor joists had been burned and removed. Mr. Rewerts indicated that the roof on the front part of the building and the second and third floor joists remained intact. He stated that the rehabilitation improvements are on hold because of litigation and waiting to hear about the insurance settlement. Mr. Rewerts explained that the south wall is currently unbraced. He indicated that they are proposing to install the first floor joist framing to help brace a portion of the wall. He went on to indicate that a portion of the south wall will be removed. Mr. Rewerts presented photos of the site to the Commission. He noted that the south wall needed to be removed temporarily for safety. He indicated that a 15-20 foot wide section of the wall will be removed to about four feet above the drive access to the parking ramp. He noted that the rear of the building will be braced to the masonry vault located in the building. He explained that the one-story section on the rear has a roof that will be removed, He indicated that it is the property owner's intent that the south wall will be built back to original, and that this is only a temporary stabilization to the building. Mr. Rewerts indicated that this proposal was based on the applicant's ability to obtain funds to temporarily stabilize the structure until the insurance settlements and lawsuits could be finalized. Mr. Rewerts indicated that 40 feet of the roof will be removed. Minutes - Historic Preservation Commission October 17, 2002 Page 4 Commissioner Wand discussed the possibility of installing a roof and boarding the windows on the exterior of the building to make it watertight. He indicated that the roof would help stabilize this structure. He explained that the first floor joist would be exposed to the elements because of no roof. Mr. Rewerts explained that a partition wall would be erected inside the building to help protect the first floor joist. The Commission discussed the current stabilization of the south wall. Mr. Rewerts indicated that the south wall was a party wall and noted that the brick was not designed to be exposed to the elements. He noted that it was the City's responsibility to provide waterproofing on the exterior of the brick to help make it watertight. Commissioner Mozena noted that the German Bank Building is a treasure and wondered if there were any City funds available for rehabilitation of the structure. Economic Development Director Bill Baum noted that the City is currently in litigation with property owners at this time, and so cannot provide City funds to projects under litigation. Mr. Rewerts noted that actions that he is proposing are to stabilize the structure. He noted that the structure would not be rebuilt until litigation is over. The Commission discussed temporarily placing a roof on the structure to help brace the sides. Chairperson Wand indicated that this will probably be cheaper than removing the wall and inserting bracing that will only be temporary. Commissioner Mozena was concerned with the aesthetics of the wall. He noted that people entering on the parking ramp would see a 15-foot section of wall removed and that would look very unusual. Chairperson Wand noted that if the wall is to be removed, it will probably not be rebuilt and that it is a step toward the demolition of the rear structure of the building. He was concerned with wasting money on temporary bracing and removing the vault and still leaving it exposed to the elements. The Commission discussed removing the roof for safety reasons. The Commission determined that they had no authority to review the interior modifications. The Commission decided to make three separate motions on portions of the building exterior. Motion by Mozena, seconded by Wand, to allow the property owner to remove the existing and damaged roof from the structure. Motion was approved by the following vote: Aye - Whalen, Gibbs, Scheopner, Mozena and Wand; Nay - None. The Commission discussed removing the south wall to approximately four feet above the drive aisle into the parking ramp. Minutes - Historic Preservation Commission October 17, 2002 Page 5 Motion by Mozena, seconded by Whalen, to install interior bracing to be used to secure the south wall and that loose bricks be removed. Motion was approved by the following vote: Aye - Whalen, Gibbs, Scheopner, Mozena and Wand; Nay - None. Mr. Rewerts indicated that they will probably come back to the Commission with another proposal for stabilization of the south wall. The Commission discussed that if they were proposing to come back for alternative stabilization for the south wall, that they would like to see a cost analysis for the bracing of the wall. The Commission discussed the temporary bracing of the remaining three sections of the wall at the rear of the structure. Motion by Mozena, seconded by Whalen, to approve the temporary bracing for the south and eastern walls located at the rear of the structure. Motion was approved by the following vote: Aye - Whalen, Gibbs, Scheopner, Mozena and Wand; Nay - None. Mr. Rewerts gave a brief report on the remaining four buildings on the block that have cracks located approximately 20 feet back from their rear walls. He has indicated that the rear portions of the building are separated and leaning towards the rear alley. He has indicated that in some areas the cracks are large enough to place your hand in. He provided a brief report on the condition of Ellen's Floral Gallery. The Commission thanked Mr. Rewerts for the update on these buildings. DESIGN REVIEW: Advisory Design Review of the Public Works Project for the Historic Bluffs Neighborhood Association to install historic street lighting in the public right-of- way on Loras Boulevard between Bluff Street and Dell Street in the W. 11th Street Historic Preservation District. Carlene Schroeder, 1493 Cornell, President of the Historic Bluffs Neighborhood Association, presented the application to the Commission. She discussed the installation of the historic street lighting along Loras Boulevard. David Cox, member of the Historic Bluffs Neighborhood Association and owner of several properties along Loras Boulevard, indicated that they had received a $5,000 grant from the City and a $10,000 grant from the Dubuque Racing Association to help develop preliminary plans for the street lighting project. Staff Member Carstens discussed the lighting project, and indicated the applicants will be applying for the Historic District Public Improvement Program at a later date. She referred to the specifications for the lights and noted that they are in compliance with the Guidelines for Streetscape and Landscape Improvements. She noted that the Commission is only an advisory design review body for projects located in the public right-of-way and their role is to provide recommendations to the City Council. The Commission discussed the type of lighting and whether it is identical to the street lighting located in the Cable Car Square area. Jerry Anderson, design consultant hired Minutes - Histodc Preservation Commission October 17, 2002 Page 6 to develop the preliminary plan for the Historic Bluff Street Neighborhood Association, indicated that the lights are identical to the Cable Car Square area. He noted that the lights will not have outlets located on them, and there will be brackets for hanging planters. Motion by Whalen, seconded by Wand, to recommend the City Council approve the lighting project. Motion was approved by the following vote: Aye - Whalen, Gibbs, Scheopner and Wand; Nay - None. ITEMS FROM PUBLIC: Phase III Architectural/Historical SurveWEvaluation and Shot Tower NHL Update: Historic preservation consultant Jim Jacobsen of History Pays! presented an update on the Phase III Historic/Architectural Survey/Evaluation. He also reported on the National Register amendment for the Shot Tower and the National Historic Landmark Nomination for the Shot Tower. ITEMS FROM COMMISSION: Proposed Demolition Penalties: Staff Member Carstens noted that Legal staff reviewed the recommended amendments to the Historic Preservation Ordinance and Demolition District Ordinance with regard to demolition penalties. She noted that Legal staff is recommending some changes to the proposed amendments. She then reviewed the past discussions about increasing the demolition penalties for Commissioner Scheopner and Whalen to bring them up-to-date on what the Commission is proposing. Staff Member Carstens referred to the Commission's proposed changes and cited the Legal staff's responses to each individual ordinance amendment. The Commission discussed placing language regarding compliance with City Codes to the Historic Preservation Homeowner Grant Program, Historic Preservation Revolving Loan Fund, and historic property tax rebates, all City financial incentives and the urban revitalization districts. The Commission also discussed what financial penalty the City currently can impose. Staff Member Carstens reviewed the fines the City can impose for code violations and the enforcement process; The Commission discussed that they would like to see the amount of the fines spelled out in the Historic Preservation Ordinance and Demolition District Ordinance to bring attention to them. Commissioners also asked staff to research the provision for permit moratoriums, since they have been in force for 10 years. Has it been used? Has it been tested in court?. Minutes - Historic Preservation Commission October 17, 2002 Page 7 Reconsideration of Application of Cooper Development Co. LLC for a historic property tax rebate for the property located at 299 Main Street (Bricktown). The Commission discussed that the Cooper Development Company was in violation of the Demolition District Ordinance because of the unauthorized demolition of the structure for the proposed parking lot. The Commission discussed whether or not they should have discussed this violation, and whether they could have included this violation in their original motion for the tax rebate proposal. The Commission discussed the possibility of reconsidering their original motion. They stated they would like to get some input from Legal staff about the feasibility of setting conditions on receiving an approved site plan for the proposed parking lot adjacent to 299 Main Street, and having the applicants receive a demolition permit. They stated that the applicants should also be in attendance. Motion by Wand, seconded by Whalen to bring back the original motion to the table. The motion to reconsider was approved by the following vote: Aye - Whalen, Gibbs, Mozena, Wand, Scheopner; Nay - None.. The Commission discussed the possibility of tabling the request until the October 24th Historic Preservation Commission special meeting. They indicated this would still provide the applicants with enough time to have their request heard at the November 4th City Council meeting. Motion by Wand, seconded by Whalen to recommend to the City Council to approve a tax rebate for the Cooper Wagon Works Building located at 299 Main Street. The motion was denied by the following vote: Aye - Whalen; Nay - Gibbs, Scheopner and Wand; Abstain - Mozena. Motion failed for lack of affirmative votes. Motion by Wand, seconded by Whalen, to table the application until the October 24, 2002 Historic Preservation Commission special meeting, contingent on representatives of Cooper Development Company being present. Motion was approved by the following vote: Aye - Whalen, Gibbs, Mozena, $cheopner and Wand; Nay - None. Commissioners requested that staff ask Assistant City Attorney Tim O'Brien and representatives of Cooper Development Company to attend the October 24th special meeting. Commissioners directed staff to ask Legal staff: (1) what is the status of the enforcement on the demolition permit required for the Bricktown parking lot, and (2) is it legally defensible to hold back tax credits for Bricktown for failure to comply with the City Code. Warehouse Nei.qhborhood Demolition District: Chairperson Wand indicated that he directed staff to pull the City Council item regarding the Warehouse Demolition District until the Commission could discuss the City Manager's concerns. He indicated he had a discussion with the City Manager about not proceeding with the demolition district until the Commission has had a chance to notify the property owners of the proposed Minutes - Historic Preservation Commission October 17, 2002 Page 8 demolition district. The Commission discussed the possibility of talking with the property owners and reducing the size of the warehouse demolition district. The Commission discussed that they should be contacting the City Council members about the warehouse demolition district. The Commission discussed downsizing the warehouse district to the end at 12th Street. Motion by Wand, seconded by Mozena, to revise the warehouse demolition district No. 9 to end at E. 12th Street. The motion was approved by the following vote: Aye - Gibbs, Whalen, Mozena, Scheopner and Wand; Nay - None. Iowa's Most Endan,qered Properties Nomination: The Commission reviewed the Iowa's Most Endangered Property nominations that were submitted in the packet and directed staff to send them onto the Iowa Historic Preservation Alliance. Interpretive SiRns: Staff presented copies of the interpretive signs to the Commission. Staff Member Carstens indicated that the City received a grant to produce the interpretive signs, which will be located along the Riverwalk and the hike/bike trails throughout the city. The Commission indicated they were interested in the possibility of mass producing the text of the signs and selling them to help replenish the Historic Preservation Revolving Loan Fund. The Commission noted that they are required to find a $200,000 match for the $200,000 the City Council allocated for the Revolving Loan Fund. The Commission discussed how they would market the signs. Commission members indicated they would contact various businesses and banks and come up with some ideas for marketing the interpretive signs. Grand Opera House: The Commission reviewed the information on the Grand Opera House, noting that it was listed on the National Register of Historic Places with national significance. Commissioner Mozena also mentioned the Grand is in a large fundraising program to help finance the interior of the building. Phase IV Architectural/Historical Survey/Evaluation: Staff Member Carstens recommended that the Phase IV survey involve surveying of West 11th Street, Langworthy, Cathedral and Jackson Park Historic Districts and the possibility of getting West 11th Street and Langworthy Historic Districts on the National Register of Historic Places. The Commission discussed the proposed change and agreed by consensus that it was okay to proceed with the Phase IV survey as recommended by staff. ADJOURNMENT: The meeting adjourned at 8:07 p.m. Respectfully submitted, Wally Wernimont, Assistant Planner Adopted