Minutes_Historic Preservation Commission 6 18 09 Work SessionDubuque
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MINUTES
HISTORIC PRESERVATION COMMISSION
WORK SESSION
3:30 p.m., Thursday, June 18, 2009
Room 223, Historic Federal Building
Commissioners Present: Chairperson Michael Knight; Commissioners Christine
Olson, Joseph Rapp, Chris Wand, Matthew Lundh and Bob McDonell.
Commissioners Excused: Commissioners John Whalen, Eli Licht and Mary Loney
Bichell.
Staff Members Present: David Johnson, Rich Russell, Jeff Zasada, Crenna Brumwell
and Bob Boge.
Public Present: Peggy Stover and Andy Piper.
CALL TO ORDER: The meeting was called to order by Chairperson Knight at 3:30 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.
WORK SESSION:
Boarded Up Windows and Doors Ordinance: Staff Member Johnson reviewed the history
of the Boarded-up Windows and Doors Ordinance. He explained the intent of the draft
Boarded-up Windows and Doors Ordinance is to protect investment in the downtown and
remove the blighting influence created by boarded-up windows and doors in Dubuque's
downtown and neighborhoods.
Work session participants discussed the difficulty of defining vacant and abandoned
buildings for partially occupied buildings. Building Services staff suggested removing the
vacant and abandoned building portion of the draft ordinance to more effectively apply the
intent of the ordinance and not allow boarded-up windows and doors on the street sides of
properties located in historic and conservation districts. The Commission agreed.
The Commission discussed implementation strategies for the Boarded-up Windows and
Doors Ordinance. Commissioner Lundh suggested a uniform enforcement approach. The
Commission suggested initially limiting enforcement to historic districts only, and then
expand to conservation districts. The Commission suggested allowing property owners
subject to the Draft Boarded up Windows and Doors Ordinance one year for compliance.
The Commission felt allowing property owners one year was adequate time to come into
compliance with the ordinance without creating too great of an economic hardship on a
Minutes -Historic Preservation Commission
Work Session -June 18, 2009
Page 2
property owner. Staff Member Johnson noted that since the Ordinance is limited to historic
and conservation districts, all property owners in those areas are eligible for the Historic
Preservation Revolving Loan Funds to help finance the installation of appropriate windows.
Demolition by Neglect in Conservation Districts: Staff Member Johnson explained that City
staff has been discussing ways to more effectively enforce demolition by neglect in
conservation districts. He stated the City is in the process of preparing the Unified
Development Code. He explained demolition by neglect in historic districts and
conservation districts are part of the Code. He explained the Commission has reviewed
and suggested changes to improve upon the sections of the Code. He stated City staff has
identified the potential to improve upon the existing and proposed code language to more
effectively enforce demolition by neglect in conservation districts.
Work session participants discussed the problems with enforcement of demolition by
neglect in conservation districts. Staff Member Brumwell discussed the problems with
interpretation of the ordinance. Staff explained they have researched how demolition by
neglect is enforced in other cities, including New Orleans and Washington D.C. Staff
explained that research indicates that the current criteria for demolition by neglect in
historic districts for the City of Dubuque is commonly used for other cities in the country.
Staff stated the demolition by neglect in historic district criteria would be beneficial to
enforcement of demolition by neglect in conservation districts. The Commission suggested
a uniform enforcement approach for demolition by neglect in historic districts and
conservation districts that would use the same requirements and criteria.
Commissioner McDonell entered the meeting at 4:35 p.m.
Staff Member Brumwell suggested changing the language for demolition by neglect in
historic and conservation districts to clarify that the building official will determine
demolition by neglect. She explained that by doing so, much of the issue of interpretation
will be removed from the process. Staff suggested adding a criterion which reads,
"Deteriorated porches, hand rails, exterior stairs, decks, or inadequate foundations." Staff
suggested adding another criterion to correct defects such as rotting holes and otherforms
of decay. Staff suggested a criterion to correct defects which leave a building or structure
open or vulnerable to vandalism, decay from the elements, insect infestation, and animals.
The Commission discussed the proposed changes and was in agreement with staff's
recommendations. The Commission was hopeful new language would improve demolition
by neglect enforcement in conservation districts.
Commissioner Olson asked for the historic preservation enforcement report to be placed
on the Historic Preservation Commission meeting agenda for discussion purposes. Staff
Member Brumwell explained that would be fine, as long as Commissioners continue to
make enforcement referrals as individual citizens, rather than acting in an official manner
as a City Commission.
Minutes -Historic Preservation Commission
Work Session -June 18, 2009
Page 3
Commissioner Olson asked why enforcement takes so long. Staff Member Brumwell
explained litigation takes a long time. She explained that new matters often arise after
compliance with a•different problem. She explained coordinating enforcement of multiple
codes can take time. She explained if a property owner does not have the resources to fix
a violation there isn't any legal action that will effectively and practically work to bring a
property into compliance. She explained citations only work when a property owner has
the means to be held to it. She explained the City has been thinking outside the box on
enforcement to get repairs done.
ADJOURNMENT: The meeting adjourned at 4:50 p.m.
Respectfully submitted,
David Johnson, Assistant Planner Adopted
F:\USERS\Kmunson\WP1Boards-Commissions\HPCUVIinutes\HPC Minutes 2009U-IPC Jun 18 2009 Work Session.doc