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Mural Information from Staff Copyrighted July 16, 2018 City of Dubuque Action Items # 2. ITEM TITLE: Mural Information SUMMARY: City Attorney providing information on murals. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Council ATTACHMENTS: Description Type Staff Memo Staff Memo Mural Packet(2017) Supporting Documentation THE CTTY OF Dubuque �" ui���eNe�qry DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 To: Mayor Roy D. Buol and Members of the City Council FRonn: Crenna Brumwell City Attorney Dare: July 12, 2018 Re: Murallnformation Backqround Pursuant to recent City Council discussion a group of City staff gathered to review City processes related to murals as well as regulations. Staff inembers participating in the discussion and information gathering included: • Laura Carstens, Planning Services Manager • Maurice Jones, Economic Development Director • David Johnson, Building Services Manager • Wally Wernimont, Assistant Planner • Debra Alleyne, Arts and Cultural Affairs Coordinator • Maureen Quann, Assistant City Attorney • Crenna Brumwell, City Attorney Attached to this memorandum is a packet of information provided to the City Council in September 2017 outlining when the City's Architectural Guidelines are applicable and the implications for murals if City funds are used. This memorandum will expand on the 2017 memorandum and touch on the following topics: 1) International Property Maintenance Code 2) Murals and Historic Tax Credits 3) Conflict between the City's Architectural Guidelines and the Arts and Cultural Affairs Commission's Special Project Grants 4) Arts and Cultural Affairs Special Project Grants 5) Visual Artists Rights Act of 1990 6) City Authority Related to Murals International Propertv Maintenance Code The International Property Maintenance Code (IPMC) governs the standards for the maintenance of existing buildings in the city of Dubuque. It contains model code regulations with clear and specific property maintenance requirements with required property improvement provisions. The IPMC is founded on principles to adequately protect the public health, safety, and welfare of the community. Specific to maintenance expectations of paint or murals, the 2015 IPMC offers the following: IPMC - 304.2 "Peeling, flaking and chipped paint shall be eliminated, and surtaces repainted." IPMC - 102.6 Historic buildings offer provisions for historic buildings. Requirements of the IPMC are not mandatory for historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare. The IPMC defines historic buildings as those: 1) Listed or certified as eligible for listing on the National Register of Historic Places; 2) Designated as historic under an applicable state or local law; or 3) Certified as a contributing resource within a National Register or state or locally designated historic district. Unless deteriorating paint were to pose a health, safety, and welfare concern for the public, murals on historic buildings would be allowed to either be maintained or weather and age naturally to a state typical of historic urban murals and ghost signage. Murals and Historic Tax Credits The State of lowa Historic Preservation Office was contacted to determine how tax credit applications may be affected by the presence of a mural. Sara Andre, Architectural Historian and Historic Tax Credit Reviewer, indicated murals being painted on National Register Listed and Eligible Properties would not impact the building's eligibility for historic tax credits. However, murals should not be painted over historic ghost signs. Ghost signs are old advertising signs which are preserved on buildings for an extended period of time. Examples of ghost signs in Dubuque would include: The Bull Durham Sign on the Bishop Block building at 90 Main Street and the list of products produced (i.e. Sash, Doors, Blinds, etc.) on the Caradco Building at 900 Jackson Street. If the current murals remain longer than fifty (50) years, they could eventually qualify as ghost signs. For reference is the following link to U.S. Department of the Interior's National Park Service Historic Preservation Brief#25 — The Preservation of Historic Signs: https://www.n ps.qov/tps/how-to-prese rve/briefs/25-siqns.htm Conflict between the Citv's Architectural Guidelines and the Arts and Cultural Affairs Commission's Special Proiects Grants on Murals The City's 2014 Architectural Guidelines relate to the architectural styles and urban design patterns found throughout Dubuque's historic residential neighborhoods and downtown. In the City's five locally-designated Historic Districts, the Architectural Guidelines function like regulations when all the following criteria are met: exterior alteration, visible from the public way, and requires a City building permit. For the Downtown Design Guidelines area and historic buildings citywide, the Architectural Guidelines apply to exterior alterations if public funds are involved. For 2 example, a fa�ade improvement project that is to receive City funds would be approved for removing paint from masonry, but not for painting masonry. With respect to building murals, the Architectural Guidelines offer guidance but are not regulatory because painting does not require a City building permit. A building mural would not be funded with City funds as a fa�ade improvement project, however, because it would not be consistent with Architectural Guidelines as noted above. Recent examples of the interplay between fa�ade grants and murals include a building in a historic district for which the owners received a City fa�ade grant to remove the paint from a masonry (brick) building. In removing the paint, the owners ran into problems. The property owners decided to repaint the building with a mural. At this point, the fa�ade grant was rescinded, as the City's Architectural Guidelines do not support painting masonry structures. No City money was used for the mural painting on the building. Another example is the Historic Preservation Commission revolving loan fund for exterior alterations to properties in the City's local Historic Districts. If painting a home is included in the loan request, the Commission advises and approves on paint selections in accordance with the City's Architectural Guidelines. If the home is painted with private funds, there is no Commission or staff review. Arts and Cultural Affairs Special Proiect Grants Special Projects Grants from the Arts and Cultural Affairs Commission are designed to fund unique artistic projects that increase social and cultural vibrancy that place community engagement at its core as described in the FY19 guidelines. The guidelines do not specify that the nature of the special project must be ephemeral although most other special projects have been. Permanent artwork is not included in the list of ineligible activities and expenses. Projects that have included permanent artwork include: • FY17 St Mary's Stained-Glass Restoration workshop/program • FY18 Rivers to the Seas Mural Projectthat is in the Conservation Lab educational area of the National Mississippi River Museum and Aquarium Neither of these projects conflict with the City's Architectural Guidelines nor can be deemed public art or art created for intentional public consumption. Project approval by the Commission has not yet been contingent upon proof of permission from any party (public or private) as the Commission has not included such a requirement in its guidelines. The rating criteria approved by the Commission include: 1) Special Project Description 2) Uniqueness 3) Diversity, Equity, and Inclusion 4) Partnership 5) Artistic merit 3 6) Evaluation 7) Budget and timeline 8) Workshop attendance In the case of the City's Special Projects grant program, the review process is focused on the proposal, and there is no mechanism which would trigger an additional layer of review or scrutiny beyond the Commission when the proposal involves a physical structure such as a building. The recent award to the VOICES group for murals exposed a conflict between the Architectural Guidelines and the Special Projects program. A Special Projects grant to paint a mural on masonry buildings conflicts with the Architectural Guidelines that do not support painting of masonry in certain circumstances and locations. Visual Artists Riqhts Act of 1990 The Visual Artists Rights Act (VARA) is an amendment to the Copyright Act. It was adopted in 1990. The amendment provides protection of the so-called "moral rights" of certain artists. "[M]oral rights afford protection for the author's personal, non-economic interests in receiving attribution for her work, and in preserving the work in the form in which it was created, even after its sale or licensing." VARA provides that the author of a "work of visual art" "shall have the righY' for life, . To claim authorship of that work; . To prevent the use of his or her name as the author of any work of visual art which he or she did not create; . To prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; . To prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right; and . To prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right. VARA does not protect: 1) Advertising 2) Promotional, or 3) Utilitarian works, and does not protect 4) "Works for hire", regardless of their artistic merit, their medium, or their value to the artist or the market. As the quoted text reflects, VARA confers rights only on artists who have produced works of"recognized stature," or whose "honor or reputation" is such that it would be prejudiced by the modification of a work. To determine whether a work is of "recognized stature," courts typically apply a two-part test: 4 1) the work is viewed as meritorious, and 2) this stature is recognized by art experts, other members of the artistic community, or some other cross-section of society. To satisfy this test, the artist would likely have to rely on expert witnesses; however, a long-existing work with some importance to the community should be sufficient. For the purposes of this determination, "recognized stature" can be either recognition of the work itself, or of the artist. VARA doesn't force owners to keep art indefinitely. It only requires them to give artists ninety (90) days' notice of their intentions, so an artist can respond accordingly, having the option to remove the work. http://www.cre ate-le qa I.co m/886/va ra http://www.law.harvard.edu/facultv/martin/art law/esworthv.htm The VARA is a very specialized area of copyright law. The above information is a brief summary pulled from publicly available sources. If the City Council directs further action related to murals it would be wise to engage a legal expert for consultation. Citv Authoritv Related to Murals 1) City Property — City control and discretion permitted. 2) City funded project — City may have limitations or rules for those receiving City funding related to murals. For example: a. Preservation/conservation type easement for a period of years to correspond to the amount of funding b. Requirement for community engagement c. Requirement that both property owner and artist are aware of VARA and have an agreement to address VARA 3) Private property projects, no City involvement or authority to regulate. Conclusion This memo if for informational purposes. Enclosure cc: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager Maurice Jones, Economic Development Director David Johnson, Building Services Manager Wally Wernimont, Assistant Planner Debra Alleyne, Arts & Cultural Affairs Coordinator 5 THE CITY OF Dubuque Dus E �'��' Masterpiece on the Mississippi � � � � �_� TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager �"-i�'��-' SUBJECT: Building Murals and Architectural Guidelines DATE: September 13, 2017 INTRODUCTION The purpose of this memo is to provide information in response to questions about building murals and their relationship to the City's Architectural Guidelines. To date, there are 30 murals at 22 locations in the downtown area. Enclosed are a list of the downtown area murals and a map of their locations. DISCUSSION With respect to building murals, the City of Dubuque currently has no regulations: • The City does not regulate paint on private property. A building permit is not required to paint a building. • The City does not regulate art on private property. Reasons for this are due to First Amendment—freedom of speech as well as the subjective nature of art. • Building murals are not considered signs provided they do not include a business name, good, service or logo. If they did, then they wnuld be considered a sign and fall under the City's sign regulations in Section 15 of the Unified Development Code. 2014 Architectural Guidelines With the City Council's adoption of the Architectural Guidelines in 2014, this manual provided an update and consolidation of the earlier Design Guidelines for powntown and the separate Design Guidelines for the City's five locally-designated Historic Districts. These two design review areas are shown on the enclosed map. The Architedural Guidelines relate to the architectural styles and urban design patterns found throughout Dubuque's historic residential neighborhoods and downtown. The relevant sections of the 2014 Architedural Guidelines that pertain to painting of historic masonry buildings, public art, and murals are enclosed and summarized below. 1 Chapter 1 Rehabilitation Guidelines for Historic Properties 1.12 Brick or stone that was not painted historically should not be painted. Chapter 4 Desiqn Guidelines for All Properties 4.10 The use of public art is encouraged. 4.11 Public art should be compatible with the historic context. 4.12 Locate public art such that the ability to perceive the character of the historic buildings nearby is maintained. When the Architectural Guidelines Apply Here's when and where the Architectural Guidelines might apply to a proposed project. In the City's five locally-designated Historic Districts, the Architectural Guidelines function like regulations when all the following criteria are met for a project: . exterior alteration, . visible from the public right-of-way, and . requires a City building permit. In the Downtown Design Guidelines area, the Architectural Guidelines apply to exterior alterations if public funds are involved; for example, a fa�ade improvement project that is to receive City funds as part of a development agreement with the City of Dubuque. Implications if City Funds are Used With respect to building murals, the City's 2014 Architectural Guidelines offer guidance but are not regulatory because painting does not require a City building permit. Therefore, building murals in City Historic Districts are not regulated. A building mural on a masonry building would not be funded with City funds as a facade improvement project, however, because it would not be consistent with Architectural Guideline 1 .12 above. City staff is researching options to ensure a property receiving City funds subsequently is not modified to the point of non-compliance with the Architectural Guidelines and relevant City codes. For example, a preservation easement could provide a voluntary legal restriction to ensure that an unpainted masonry building that utilized a City facade grant is not later painted. Enclosed is a 2010 National Park Service brochure that describes preservation easements to protect historic properties. CONCLUSION This information is provided for your consideration and further direction. 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Remove damaged or � _ . deteriorated paint only to the next intact layer, using the . gentlest means possible, prior to painting. • Use compatlble palnts. Some latex palnts wlll not bond well to earller oll-based palnts wlthout a prlmer coat. - �1�__ J_ ..;` '� 1.12 Brick or stone that was not painted historically should __� _ ��i--- � � not be painted. �-='-T . _�- � � • Masonry naturally has a water-protective layer, or patina � � to protect It from the elements. Palnting masonry walls can �_�.�� seallnmolsturealreadylnthemasonry, therebynotallowing Commencewithbuildingcleaning ittobreatheandcausingextensivedamageovertheyears. againafteranyrepointinghas completely cured. 1.13 Repair deteriorated primary building materials by . � �; ,��1 patching, piecing-in, consolidating or otherwise reinforcing the � � �_ �.� - materiaL � - • Avoldtheremovalofdamagedmaterlalsthatcanberepalred. -� ��f�� • Isolated areas of damage may be stablllzed or flxed, using �---�� _ consolldants. Epoxles and reslns may be consldered for wood repalr and speclal masonry repalr components also � _— may be used. - 1.14 Repoint mortar joints where there is evidence of Do not remove damaged materials that can be repaired. In this case, defefi0fafi0n. loase shingles may be re-secured while missing ones may be replaced. • Duplicate the old mortar in strength, composition, color and texture. Masonry • Avoid using mortar with a high portland cement content, ManyofDubuquescommercialand which will be substantially harder than the original. residential buildings areconstmcted • Duplicatethe mortarjoints in width and profile. wi�hbrickors�onebearingwalls. They were�ypically sourced from local brick _ yards and quarries. Preserving�hese � • ' - ma�eriale ie a key componen� of�he �� �_'� � � � l�}� ✓�I ci�y's sus�ainabili�y policies. � ' s � � . . _ . `�' 9� :�. ' � — ��v—�,�..� Before tuckpoird After tuckpoird Chapter 1 Rehabilitation Guidelines for Historic Properties 21 PUBLIC ART Policy: Streetscape art should be deslgned as an Integral component of the streetscape plan. The artlst should "customize" or reinterpret conventional features of a streetscape beautification design. For example, new waste receptade design may be commissioned that would be unique to the area. Other forms of publlc art should be strateglcally located to serve as accents In the streetscape design, such as at gateways into the downtown or as focal points in the public parks and at civic buildings. Guidelines: 4.10 The use of public art is encouraged. /� • Conslder locatlons such as gateways, brldge crossings, � small plazas and polnts where vlews terminate at a publlc �• open space. • Incorporate art Into streetscapes or bullding elements that complement the context and/ or character of the bullding. • Strateglcally place publlc art at clvlc facllltles to serve as �' accents. 4.11 Public art should be compatible with the historic ;;� � � ° context. \ . - :�� {� • Art Installatlon should not Impede one's ablllty to Interpret � =� the hlstorlc character of the context r'-��-"�- `"",_ -.�: Strategically place public art at civic 4.12 Locate public art such that the ability to perceive the faciiitiestoserveasaccents. � T-{", '?}, character of historic buildings nearby is maintained. - � � ''( � :�s>�'��, . 1, • Placing a large sculpture In front of a hlstorlc bullding front, ' ,��: 'F.` for example, Is Inapproprlate. ��.''�� r §H�F�f�"F: `�� �n !If!�'Y'�I�', •,- —i �- __ �`� Incorporete art into sfreetscape or building elements that complement and enhance the setting. Chapter 4 Design Guidelines for All Properties 127 PARKING FACILITIES Policy: New parking facilities should be designed to be attractive, compatible additions to the streetscape. Using high quality materials, providing a sense of scale in architectural details and providing active uses at the sidewalk edge are methods that can mitigate the potentially negative impacts of new parking facilities. In general, a new parking facility should remain subordinate to the street scene. Parking structures should be designed to enhance the activity of the streetscape. At a minimum, a parking structure should help to animate the street and be compatible with the surroundings. The visual impact of the cars themselves should be minimized. Guidelines: 4.8 Design a parking structure so that it creates a visually attractive and active street edge. � • When feasible, a parking structure should be wrapped with retail, commercial or another active use along the street edge to separate the facility from the street and to add activity to the street. • A combination of other methods of accomplishing this may . be used, but should not dominate the facade of a structure. r� ,' These include, but are not limited to: - Murals or public art - Landscaping Active use at street edge - Product display cases 4.9 A parking structure should be compatible with traditional � � buildings in the surrounding area. • Respect the regular window pattern and other architectural . elements of adjacent buildings. � • Maintain the alignments and rhythms of architectural elements as seen along the street. • Express the traditional widths of buildings in the area. -. � • Continue the use of similar building materials. �• �� . • Avoid multiple curb cuts.These complicateturning movements and disrupt the sidewalk. When feasible, a parking structure should be wrapped with retail, commercial or another active use along the street edge to separate the facility from the street and to add activity to the street. Chapter 4 Design Guidelines for All Properties 125 . • . - . • ..- � 2 �,9 ' � ��� � ��� ��`� - - � �` , - _ � � ,, __ _ -�-.� ,' < <�� . � . � � f �I�h �� f f - � � �m � � , � .� � -� . � 111 _ � .k - _ �. ..-� � � ' � ���, .�� �,� � �"� .i� � �4=N ` ,- , : .alt `F '. What is a Historic Preservation Easement7 , , '�,,� A hirtoric preservation easement is a voluntary legal �yr ��� �� � � - � agreement tpically in the form of a deed,which per- i y � t — manentlyprotectsasignificanthirtoricpropertySince �� � � � ry � � �`4: it is a perpetual easement, an owner is assured that the "�K[ • ��'� � �' ' propertshistoriccharacterwillbepreserved. lnaddi- ,�� � - tion, an ownerwho donatesan historic preservation �� �� �,� ��� easementmaybeeligibleforoneormoreformsoftax . � �t--=-' -� � benefits. - _ — r� �__...�'�'eM"+,. ��.� .�,.._. . . .._.. Underthetermsofatpi�lpreservationeasement, a a�omprene�rNe�o�seoaeo�a�dpreseoaeo�easeme��p�ore�ame propertyownerplacesrertrictionsonthedevelopment camb�s-Ke��emFarm���oa��ue,KvONaoo�airr�s�torwsron� of, orchangesto, thepropertyandtransfersthese Preseoaoo�. rertrictions to a qualified organrzation whose mission indudesenvironmental protection, land mnservation, donation should mnsWtwith their accountantortax open space preservation, or historic preservation. The attomey organization murt have the resourcesto manageand enforce the restrictions provided for in the easement and have a mmmitment to do so. Once remrded, the Ea5BIYlBIIt RBStfIdIOIlS easement restrictions bemme part of the properts chainoftitleand "runwiththeland" inperpetuitthus Amnservationeasementgivestheorganizationto bindingnotonlytheownerwhograntstheeasement whichitismnveyedthelegalauthoritandresponsibili- butallfutureowner�aswell. Preservationeasements ttoenforceitsterms. Thisindudestherighttoinspect insomestatesmayalsobecalledpreservation "rertric- theproperttoensurethattheownerismmplyingwith tions," "mvenants," or"equitable servitudes." the terms of the easement. Historic preservation ease- mentstpically prohibitan ownerfrom demolishing the historic building(s) and from making changes thatare BBIIBfItS Of D011atl Ilg imm�sistent with the historic character of the prop- All EaSBIYIBIIt ert Proposed alterations to the propert may require prior approval from the easement holding organrza- An easement isa particulady useful and fle.ible historic tion. Restrictionson subdividing and developing the preservationtool. Itallowsapropertownertoretain propertyaremmmonaswell. Tobetaxdeductible, a preservation easement generally cannot be amended. If priwteownershipofthepropertwhileinsuringthat therestrictionsapplyonlytothee.teriorofabuilding, thehistoriccharacterofthepropertwillbepreserved. futurealterationstotheinteriordonotrequireapprowl Withincertainrtatutoryandregulatorymnstraints, bytheeasement-holdingorganrzation, aslongasthe easementscanbetailoredtomeettheneedsofthe alterationsdonotaffectthebuilding'se.teriorappear- propertyowner, the individual resource, and the mission ance orstructural integrit of the protecting organrzation. If certain criteria are met the owner may be eligible fora Federal inmmetaxdeduction forthevalueof POtBlltla� TaX BBIIBfItS the easement, and Federal estate taxes also may be re- duced. Inaddition, manyStatetaxmdesprovidestate Whenanownerdonatesaneasementinaccordance taxbenefitsformnservationeasementmntributions withFederalandStaterulestoaqualifiedcharitableor where a reduction in thevalue of a property o¢urs. govemmental organization, the easement may provide There may also be lo�l tax benefitswhere property tax benefits. Thevalue attributed to the easement may taxassessment is based on a properts highestand bedaimed asa charitable mntribution deduction from bestuse. Sincetherulesaremmple., propertowners Federalinmmetax Thewlueoftheeasementisgen- interertedinthepotentialtaxbenefitsofaneasement erallythedifferencebetweentheappraisedfairmarket z a valueofthepropertypriortomnveyinganeasement WhileanumberoftherecentFederalhxlaw�hanges andtheappraisedfairmarketvalueofthepmperty aredesignedtoaddressovervaluationsbytaxpayersand after the easem wt. appraisers, seveal recent�hanges to the Federal tax mde tem porarily ezpanded the availabiliTy of the tax Iftheeasementhasvalue,theamountwilldependon deductionin �ertainrespects.Thesetempoaryd�anges, anumberoffactors, v�hashowtheeasemwtaffeRs however, ezpiredonJanuary1, 201Q Currwtlgthe thepmperty'sdevelopmwtpotential,whi�hmaybe amountofa �haritableinmmetaxdeductionfora determinedbytheeztenttowhi�hlo�algovernment mnsenrationeasementmntributionthat�anbeusedby rertriRionsalreadyrertrict�hangestothepmperty anindividualinanyoneyearisba�kto30per�entof Wherethereisnofurtherdevelopmentpotentialforthe thedonor'smntnbutionbase(geneallyadjurtedgro4 pmpertyorthebuildingisalreadyunderlo�alregula- inmmelfromthetemporaryinaeaseof50per�ent. tionssubjecttothesamemnditionsasthoseinthe Inaddition,theperiodoverwhi�hindividuals�an �arry easemwt�nduding,fore.ample, bindingreviewby forwardunuseddeductionsformnsenrationeasement alo�alhirtori�dirtrictmmmirnontoinvrethatthe mntributionsretumstofiveyearsfmmthetemporary pmperty'shirtori��haraRerispreserved),theeasement inQeaseoffifteenyears.Any�hangesafterJanuaryi, maybeoflittleornovalue Ontheotherhand, fora 2010 �anbeviewedontheNationalParkServi�eweb pmpertylo�atedinanareawheretherearefewregula- site tions gweming �hanges to the e.terior of hirtori�build- ings, the easem wt may result in sgnifi�ant protection to�mep�opemrsn�no����na�att�, posseryge�eatmg Qualified Properties tax benefits to the donor A�mrding to the Intemal Revenue Code, an inmme ta. deduction may be available for a preservation easem wt R2C2f1T F2d2@� TdX pmteRing a �ertified hirtori�rtruRure or a hirtori�ally Law Changes ""p°rta°t la°d area. ApropertyownerseekingaFederaltaxdeductionfora .Qpropertyismnsidereda �ertifiedhirtori�rtructureifit qualified mnsenratiom m�tribution �nduding a dona- is a bwldmg, rtructure, or land area individuallylirted in tion of an hirtori�presenration easemwt) needsto be theNational Regirterof Hirtori� Pla�es, or if it is a build- awarethattherearesevealdetailedrequirementsto inglo�atedinaregirteredhirtori�dirtnctandis�ertified meet, andthatthereareanumberofre�ent�hangesto bytheNationalParkServi�easmnhibutingtothe thetaxlaws. Severalofthesed�angesgovemproper- tieslo�atedinregirteredhirtori�dirtncts. Fore.ample, ihemodemsryleresideneohnomdreiden- R�7�r-' To be dedu�ible,the deed of easemenT on a building enl nrdrima uerny a uoo�rer�i�u�ml�,ivw in a regirtered hirtori�dirtriR murt now preservethe remans�in Me Pam�iNwh�ilebeing permanently prom�md bv a�ea:eme�e tl�an�d�de:�ercai� entireezteriorofthebuilding �ndudingthefront, sdes, � �i�mrmrroo�. co�rmsyoPu�ori�mew rear and height of the building), and the easem wt E�qla�d. murtpmhibitany�hangetothee.teriorofthebuilding � - - imm�sirtentwithitshirton��haracter e°r _ • ""�^� � � The requirement that the easement mverthe entire building ezterior does not apply to an easem wt on a pmpertythatqualifiesforthedeductiononthebasis i �� ��� � that it is individually lirted in the National Regirter of ��� Hirtori�Pla�es. Asmthepart, easementsonpropertes individuallylirted in the National Regirter of Hirton� 'XT�- Pla�es�nmverpart(s) ofabuilding, sud� asthefront � � fapde, a fmntfa4ade along with an important interior spa�e, ortheentireeztenor MorteasementJiolding � organizations, however, requirethattheentireeztenor � �� . � ofabuildingbemveredbytheeasemwYsprotections. .. � a s lowed for easements on historic struc[u res or la nd areas � withoutbuildings. Eaamplesofqualifingstruc[ures may indude bridges, dams,or rollerccasters. � ���i� A histori�lly important land ama must be listed in the NationalRegisterofHistoricPlarns. Histori�llyimpor- ' ��� "�� � .' o. � — - tantlandareasindudeeitherindependentlysignifi�nt - ..v o�� ° areas, induding any related historic resourrns,that ��; I�� �p� mm� � � meettheNationalRegisterofHistoricPlarnsCriteria � for Evaluation, or land areas adjacent to a propert individually listed in the National Registerof Historic '. -��'�_ Plarns,where physi�l or environmental features of the ""�� la nd mntrib ute to the h istoric or cWtura I integ rit of compiered�iniaie,wdorviace�m�eorqerown,oc,aNaoonaiHinoric thehistoricpropert Commoneaamplesofhistorially Lndmark,Is pmteRed by an easemen[cwering tl�e building and qroundsqranredromeus.oeparo-nenmtmreriornyadirec�ramuy importantlandareasindudetraditionalcWturalplarns, descendanmtmeoriqinaicwner,meiarenrm�isreadvereram. archeologi�Isites, battlefields,andhistoriccWturaland vnoro�.cnariesrimer,Nvs. designed lands�pes. historic sign ifianrn of that district. A registered historic distric[ indudesanydistric[ listed inthe National Reg- PUb�IC B21l2f1t ister of Historic Plarns. AState or b�l historic distric[ mayalsoqualifasaregistemdhistoricdistric[, prwided InordertodaimtheFederalincometaxdeductionfor thedistric[andtheenablingstatutearernrtifiedbythe ahistoricpmservationeasement,atleastsomevisual NationalParkServirn. publicacresstothepropertymustbeavailable. Thede- gree of acress istaibred to the historic resource under In the�se of a building in a registered historic distric[, protection. Por eaample,theamount of access required toapplyforarnrtifiationofsignifiance(adetermi- forasensitivearcheologi�lsiteindividuallylistedinthe nationbytheNationalParkServiceastowhethera NationalRegistermaybeaslittleasafewhoursayear buildingisarnrtifiedhistoricstruc[um),aprospec[ive Othermeansofprwidingacrnssmayindudeensuring easementdonorcontactstheStateHistoricPreserva- visualacrnssfromapublicroadwayforahistoricbuild- tionOffice(SHPO)to2questaHistoricPreservation ingandgroundssubjec[toaneasement,orallowing Certifi�tionAppli�tionordownlcadstheappliation thepublictotourtheinsideofahistorichouseona fromtheNationalParkServirnwebsitewwwnpsgw/ reasonablenumberofdaysayeariftheeasementis history/hpsftps. The propertyownerthen completes imposed on portions orall of the interior Often the Partloftheappli�tionandretumsittotheSHPO. easement-holdingorganizationanassisttheownerin TheSHPOthenforv�ardstheappli�tion,alongwitha findingabalanrnbetweenprotec[ingthepropertand recommendation,totheNationalParkServirn,which theownersprivacy,andprwidingapublicbenefit. makesthe rnrtifiation decision.The propert must be rnrtified bythe National ParkServirn either bythetime of the transfer of the easement orthe due date(indud- inge#ensions)forfilingtheFederalincometaxretum QUd�Ifl2dOfCJdIIIZdtIOIlS for the taaable year of the easement tra nsfer The recip ient of an easement donation must be a quali- Properties individually listed in the National Register fied organization. Qualified organizations may indude ofHistoricPlacesarealreadyremgnizedasrnrtified govemmentalunits,charitiesthatrernrveasubstantial historicstruc[ures, soapropertownerdoesnotneed partoftheirsupportfromgwemmentalunitsorfrom to requesta rnrtifiation from the National ParkService. publicmntributions, publiclysupported charities,or Unlikethededuc[ionforpreservationofproperties charitiesthatmeettherequirementsof§509(a)(3) b�tedinanhistoricdistrict,charitablemntribution andarecontrolledbyqualifiedorganizations. Poran deduc[ionsforpreservationeasementsonproper- easementonahistoricpropertinaregisteredhistoric ties individually listed in the National Registerare not distric[,the donorand donee must enter into awrit- restrictedtoprotec[ionofbuildingsbutmayalsobeab tenagreementrnrtifingthatthedoneeisaqualified e i organization with a purpose of envimnmental pmte�- The amount of a mnhibution deduction for a perpewal 9on, land mnservation, open spa�e preserva9on, or preserva9on or mnserva9on easement geneallyis hirton�preservation, andthattheorganizztionhasthe thefairmarketwlueofffieeasementatthetimeof resources m manage and enforce the reshiaion and a the mnhibution. The mort mmmonlyused method mmmihnent m do m. of determining thiswlue is usually referred m as the "before"and "after" method�. 6enerallythe fair Measementholdingorganizztionmayrequirethe marketvalueofaneasementisequalmthedifferen�e easementdonormmakeanadditionaldonationof betweenthefairmarketwlueofthepmpertybefore fundsmhelpffieorganizztionadministertheeasement thegrantingoftheeasementandthefairmarketwlue Those funds are often held in an endowment that gen- of the pmperry after the granting of the easement The eatesanannualinmmempayforeasementadminis- appraisalthereforemurtwlueffiepmpertyboffibefore hationmrtssuchasrtafftimeforannualinspeaionsor andaftertheeasementisgranted. neededlegalserN�es. Treasury Regulations goveming wluation of mnserva- 9on easements(§ 1.1]OA-14(h)(3)(ji))pmNde ffiat, I I1COI1515T211T �52 if the before and afterwluation method is used,the marketvalue of ffie pmperty before the mnfibution Toqualitforadeduaion,thedonormaynotretain murttakeinma�muntnotonlyffiepmpertysmrrent uses of the pmperrythat would permit dertruaion of use but also an objeaive assessment of the likelihood significantmnservationinterests. Retainedusesmurt thatthepmpertywouldbedevelopedabsentthe bespeafialNarmmsaibedinffiedeedofeasement rertriaions, aswellasanyeffeafromloalzoning, loal hirton�preservation regulations,and smilar resfiaions that affea the pmpertys highert and bert use. In other words,ffiewluation of an easementmurt be deter- Ualuation/QuallfledAppralsal m�oedm�o�gnaq�aut�edappa��imac�oosdersme specificterms of the easement and the specific nature Easementwlua9onshavemmeunderdosersau9nyby ofresfictionsimposedbye;irtingloallandvseor CongressandthelRSinre�entyears, andffieFederal smilarlaws. NoteffiattherearenogenealNremg- ta.mdeimposesnewqualificationrtandardsforboth nizedpercentagesbywhichaneasementreducesthe appraisalsandappaisers. Fore;ample,ffieappraisal wlueofapmperty Iniaa,thereareimm��esinwhid� murtbepreparedina�mrdan�ewithgenerallya¢ept- thegrantofaneasementmayhavenomatenaleffea ed appaisal mndards. on the wlue of the pmperty PartimlarN if ffie easement is no more restnave than loal ordinan�es already in effeR ' ' In the�ase of a preservation easement donation for which a deduction of more than $5,000 is daimed, a donor generally murt obtain a qualified appaisal pre- pared by a qualified appaiser The appraisal murt be atta�hed m the donor'sta,rewm for any daimed de- " _ duc9onover$500,000. TodeduRffiewlueofanease- � � � ment on a building in a regirtered hirton�dirtria, an ,,,� .v appraisalmustbeattad�edmffieta.retumregardle4 ; `,,,� � � � :, oftheamountofthedaimeddeduction. Thelntemal Revenue Servi�e�RS)may a¢epnhe wlue determina- � __ - - ' tion in the appaisal or make its own determination. �.� . __"��.�-��'�" , _,�� Donors and appraisers should be aware thatthere are � , :. .. �� � "�- � �`--'µ"��- rtriapenaltiesforovervaluationsofpmpertythatlead ., . . ...:. . . :-'m`�..._. _ _, _ to subrtantial or gmiswlua9on misrtatements. mene�aneiµ�m�i«aieammonnmiem�k�T�o�eor�reai Inthe�aseofadaimeddeduaionof8250ormore, bulltlingson a 33aae p�operty p�otMetl by a p�e��vatpn antl mnss�- �aib�aqr�memqa��a�ownon�mewe�qia�aeymeia�ion�w thedonormvrtobtainamntemporaneouswrittenav a�ama�qaneip:ewir, m�ne�yorHnoremewe�qa�a. knowledgementasrequiredbyseaion V0(f)(8)ofthe IntemalRevenueCode. Thismeanffianhedonorneeds QUdI�If�12dP,pp@�152f5 m obtain fmm the easement holding organization a dommentrtatingffieamountofanyashitre�eived Tobeaqualifiedappaiser,theappraiserhasmhave andadesaiptionofanypmpertyitre�eved(vd� as verifiableeduationandesperien�einvaluinghirton� thepreservationeasement). Theorganizationmurtalso pmperties, murtnotbepmhibitedfmmpraaicingbe- rtatewhetheritpmNdedanygoodsorsenn�esinrewm foreffieIRS, andmustmeetseveralotherrequirements forffiepropertyand, ifso, adesaiptionofffiegoods ertablishedbythelRS. lnadditioq �ertainappraiser or services. The donor must obtain this mntemporane- dedarations are required. ous wntten adnowledgement on or before the eadier of the date ffie donorfilesthe ta.rewm daiming the d�aritable mnfibution orthe due date (induding ezten- soos)to�mer��emm. Combining an Easementwith Federal Hlstoric Rehabllltation Foreasementdona9onsthatinvolvebuildingswithin 7dXCf2d�IT5 hirtori�dirtncts where a deduction in ex�ess of$10,000 is being daimed,the donor murt vbmit a$500 filing feewiffiIRSFortn8283V Inaddition, inall �asesin APropertyownermnveyinganeasementonanhirton� whi�h a deduaion of more than$500 is daimed, a building that has orwill be rehabilitated may also be pmperlymmpletedlRSForm8283(NonafiChantable eligiblefora20%ta.aeditundertheFederalHi4on� Conhibutions)musta�mmpanythedonor'sta.retum. RehabilitationTa.In�entivesPmgam. ThisQeditis Formnfibutionsforwhid�adeduaionofmoreffian availableforpmpertiesrehabilitatedforinmme�ro- $S,OOOisdaimed,theForm8283geneallymurtbe duangpmperties, butitisnotavailableforpmperties sgnedbyffieappaiserwhopreparedthequalifiedap- usedezdusveNastheowner'spnwteresiden�e. The paisalandbyffiequalifiedorganizztionthata¢epted rehabilitationmurtbevbmntialasdefinedbylRSand the easement donation. appliesonlym a projeaffiatthe National Park Servi�e desgnates as a�ertified rehabilitation. In addition m the above requirements,ffie donorof apreservationeasementonabuildinginaregistered InaseswhereffiedonormayqualitforbothaFedeal hirtori�dirtnamustindudewithhisorherta.retum inmmetaxdeduaionandarehabilita9onta.aedit, phomgaphsoftheentireeztenorofthebuildinganda merearetwoimportantmnsiderations First, anease- desrnption of all remiaions on the development of the ment pla�ed on a building that isthe sow�e of a reha- building. bilitation tax Qedit may be mnsdered a partial dispos- tion of the building,whid� muld affea ffie available ta. _ . � Qedits. Semnd,whererehabilitationta.Qeditshave been daimed within S years preceding the easement � „�,,, M4 w donatioqthelntemalRevenueCoderequiressome i• �,r. ,Yv.4, i ,q.-�y:��� � reductionintheamountoftheeasementmnhibution � ,., � '� � deduaion. Ana�muntantorta.attomeyshouldbe "�� mnsWted in vch cases. �t � � � �--� � ��� � Furtherinformation � F — - ;' Forfurtherinformationabouthirton�preservationease- .'�a �' mentsandhowtoobtaincertifiedhirtoricstmcturerta- "' � 3 � wsfora building in a his[on�dimia Nstthe National � -y F -��-� ¢ � � ParkSenn�ewebsiteathttpl/wv✓w.npsgov/hirtory/hpY �'�'�i `� " ' � -1 tpsfta✓easementhtm or mntact our office at NPS_HPS- ;• �-� - - � ^ - --� - info@npsgov. One ol a numbe�ol M4onc mmme�tlal p�opertlea In a M4onc ainnme�o�a�aeymeao�Ka�r���a,meiasseiee-s��eor� Thisleafletinmrpoatesd�angesmFedealta.lawas warenou�,aarernywrvmororme�oma�ssnera,�pro�eaeaby arevltofthePensonPmtectionActof2006andthe iremnem ey s��Fa�axoarrnn�wai Hernaqe.ano�:oss arrnncewai Hernzge. W od, Conserva➢on,and EnergyA�of2008(Publi� . I( �,I�� � :'���l�er���. t.'a�,�d�, �[� � �j A�,�� P r G� � ' � I i�;� �j 9 1� �� ``1 w�'^,. � �i ' � 5.vry�u� 9 e ��a��l ,��i�; e ,, �m h �r, � h� �' ¢% �y �8 9 �� �',� ��,il�� + e �7 � � ii Thepreservation I � Il easemwtgivwtoffie �� �•p�� � �: � 1 - � PreservationAllian�e � � ' "'�, �� for6reaterPhiladelphia �� ^ '� �� IY ji ii � i, �� � '�� onffieManufacturer's _ �' . � . �� ❑ub proteas a Nanonal p' T� RPgi4Psli4ed pmpPAYy � �"���� �o�ne;��o�o�� " ��r� I 1 �'` � i [ij'i �t��t` h��to��<<omm����o� ���yyyy � � ���,��a� review Courceryofthe � �� � � �i PreservationAllian�e , ���'^ Law 110-234). For updates on any subsequent Federal tax law changes, please refer to thewebsite cited on the previous page Acknowledgments This brochurewas prepared by Charles Fisher, National ParkSeroice. Thefollowing individualsaregratefully acknowledged for their review and other assistance in the preparation of this publication� Paul W Edmond- son,Uice President&General Counsel, National Trust for Historic Presenration,Washington, DC,and Stefan Nagel, Esq., of Counsel, Law Office of Stephen J. Small, Esq., PC., Newton, MA. Thanksalsogo to the Wash- ington Office of the Intemal Revenue Seroice; Michael Auerand Kaaren Staveteig of the National Park Seroice; and Joseph Comish, Historic New England, fortheir assistance This publication was prepared pursuant to the National Historic Presenration Act,which directr the Secretary of the Interior to develop and rrrake available to govem- mentagenciesand individuals information conceming professional methods and techniques for the presenra- tion of historic properties. Comments orquestions regarding this publication arewekomed and should beaddressed to Technical Presenration Seroims, Heritage Presenration Seroices, 1201 EyeStreet NW,Washington, DC 20005 oremail at N PS_H PS-i nfoC�3n ps.gov mver:Tudor Pla�e,6eorgetown,DC June 20, 2018 TO: Dubuque City Council RECEIB/ED 18 JUd 21 AM 8.4 4 City Lien's Office Dubuque, IA RE: "Murals spark discussion among council members," Telegraph Herald, June 20, 2018 I am strongly against expanding the mural program along Central Avenue. While I am all for public art and its role in urban regeneration, I believe the series of large-scale murals is ill- conceived and detracts from our community's thoughtful investments in historic preservation. As an art historian, I recognize that art is subjective. I look at each work from many perspectives such as the way color, line and technique come together to create an image that is visually compelling to whether it reflects a sense of place stylistically. The murals' vivid colors and graphic representational style seem more suited to South Florida. I do agree with Council Member Kate Larson's call for greater community oversight and review in how we deal with current and proposed artwork—especially when taxpayer money is involved. I also hope the city and Voices will look beyond controversial wall art to alternatives such as expansion of green space, water features, performance art or rotating installation of video all of which can enliven aging urban space and promote inclusion. I am happy to lend a hand to any of these efforts. Sincerely yours, Liz Schmid 274 Wartburg Place Dubuque, IA 52003 Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Wednesday, July 18, 2018 10:32 AM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: Kate Larson Address: 198 Main Street Ward: Phone: Email: cindyboobyrne@gmail.com City Department: City Council Message: I am in process of completing la mural on my own building at 198 Main Street in downtown Dubuque, under the auspices of Voices Productions. I would consider having to have approval of any city agency for putting my own artwork on my building a severe threat to my First Amendment rights as a property owner, citizen and artist. Others who want images on their buildings should be free to do so and be able to hire artists to complete designs the owners have approved. Censoring artistic expression is a strong anti-democratic move. Click here to report this email as spam. 1 Kevin Firnstahl From:Citizen Support Center <dubuqueia@mycusthelp.net> Sent:Monday, July 16, 2018 5:29 PM To:Kevin Firnstahl Subject:"Contact Us" inquiry from City of Dubuque website Contact Us Name: Duane Hagerty Address: 210 W 1st St Ward: 4 Phone: 563-564-4080 Email: dhagerty@heritageworksdbq.com City Department: City Council Message: I am CEO of Heritage Works, a local Dubuque historic preservation nonprofit. Our mission recognizes not only the cultural heritage of Dubuque's historic buildings, but also their importance to Dubuque's economic development and community revitalization. Heritage Works is keenly interested in being involved in a conversation about sensible regulation of murals on downtown buildings. Dubuque has a special mix of history and innovation. I applaud the Voices organization for raising the community's awareness about private and public art. Public art has the potential to enhance Dubuque and further brand the City as a great place to visit, live, work and play. The murals that have been completed so far have certainly sparked a healthy conversation about what is art and what place does art have in our community. However, we also need to have a conversation about how the murals might potentially negatively impact Dubuque's unique aesthetic. Dubuque's historic buildings are valuable. Dubuque's character and aesthetic is valuable. Every community has a right to balance free expression with potential impact on private property and overall community character. There are ways to balance free expression while protecting private property and community character by having some common sense, neutral guidelines. The first area of concern is that murals not be painted on masonry that is previously unpainted. Second, any mural should be painted on a surface that is adequately prepared. Mortar should be properly tuckpointed, any deteriorated brick repaired and any existing peeling paint should be removed. That will assure that the mural will last as long as possible. Third, murals should not be painted on primary facades. Fourth, murals should not impact character-defining features of historic buildings. Fifth, the building owner has the obligation to keep the mural in good condition, which may include periodic touchup when necessary. None of these guidelines regulate content of the murals. They have as their main object protecting the historic integrity of the buildings on which they are painted. I hope the Council considers common sense guidelines that both encourage artistic expression and protects and enhances Dubuque's historic character. Thank you. Duane Hagerty President & CEO, Heritage Works Click here to report this email as spam. 1