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.
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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.
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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.
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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.
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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
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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?.
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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
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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