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
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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
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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.
Enclosures
cc: Crenna Brumwell, City Attorney
2
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City of Dubuque
Architectural Guidelines
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February 3, 2014
1.11 Plan repainting carefully. i_ . _
• Always prepare a good substrate. 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.
�
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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
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.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�� �
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Law 110-234). For updates on any subsequent Federal
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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.
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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
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