Historic Pres. Comm MembershipPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning@cityofdubuque.or g
August29,2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall-50 W. 13th Street
Dubuque, IA 52001
RE: Histodc Preservation Commission Membership
Dear Mayor and City Council Members:
The City of Dubuque Historic Preservation Commission is proposing to increase the
membership of the Histodc Preservation Commission by amending the Histodc Preservation
Ordinance to add two additional at-large members.
Discussion
The HPC presently has 7 members, one resident representative from each of the 5 histodc
districts, an amhitect, and an at-large member. The State Code restricts the membership by
requiring at least one resident from each historic district. Although owners of property in the
historic districts can serve on the Commission, at least one resident also must serve.
The HPC is dealing with a membership recruitment problem with the Old Main Historic District.
This position has been vacant for more than a year. The State requirement is difficult to meet
with the Old Main Historic District, because it is small in area, is primarily commercial, and has
very few residents. I have attached copies of the State and City Codes for your information.
The HPC contacted Corporate Counsel Barry Lindahl and Certified Local Government
Coordinator Kerry McGrath whether the membership could be broadened to included 2
additional at-large members. They both agree that the two additional at-large members could
be added (see attached letters).
Recommendation
By a vote of 6 to 0, the Histodc Preservation Commission recommends that the City Council
approve the attached ordinance amending the Historic Preservation Ordinance to increase the
Histodc Preservation Commission to nine (9) members by adding two additional at-large
members.
A simply majodty vote is needed for the City Council to approve the amendments.
Respectfully submitted,
~st~oph _~a nd ,~h a~i~rpe rso n
Historic Preservation Commission
Service People Inte1~d~ Respm~slbikity hmovation Teamwork
Preparer: Laura Caretens. PIannino Services Manaqer Address: 50 W. 13th Street Telephone: 563-589-4210
ORDINANCE NO. 74-03
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES
CHAPTER 25 HISTORIC PRESERVATION SECTION 25-3 HISTORIC
PRESERVATION COMMISSION ESTABLISHED; MEMBERSHIP; TERM OF OFFICE;
VACANCIES IN OFFICE.
VVhereas, the Historic Preservation Commission has recommended amendments
to Chapter 25 Histodc Preservation of the Code of Ordinances of the City of Dubuque;
and
Whereas, the City Council finds that the recommended amendments are
consistent with the goals and objectives of the Comprehensive Plan and the purpose
and intent of the Histodc Preservation Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. SECTION 25-3 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Section 25-3 Histodc Preservation Commission established; Membership; Term of
Office; Vacancies in Office.
(A) The historic preservation commission is hereby established and shall consist of nine
(9) members who shall be residents of the city.
(B)
Members of the commission shall be appointed by the city council as follows: One
resident from each designated historic preservation district, including the districts
hereinafter established; and four (4) at large members. Each member shall
possess qualifications evidencing expertise or interest in amhitecture, history,
archeology, law, construction or building rehabilitation, city planning or conservation
in general. One commission member shall be a licensed architect.
(C) Members shall serve three-year terms.
(D)
Vacancies occurring in the commission, other than through expiration of term of
office, shall be only for the unexpired portion or the term of the member replaced.
Each member shall serve until the appointment of a successor.
(E) Members may serve for more than one term.
Ordinance No. - 03
Page 2
(F) Vacancies shall be filled by the city council in accordance with the requirements set
forth above.
(G) Members shall serve without compensation.
Section 2. That the foregoing has heretofore been reviewed by the Historic
Preservation Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect on the 17th day of October, 2003.
Passed, approved and adopted this 15th day of September ,2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\V~vemimo\Council~Ordinance HPC Membership.doc
303.34 Areas of historical significance.
The provisions of sections 303.20 to 303.33 do not apply wJthln the li~ts of a city. However,
m order for a city to designate an area which is deemed to merit preservation as an area of
historical si~m~ifieance, the following shall apply:
1. An area of historical significance shall be proposed by tire go~ning body of the city on its
own motion or upon the receipt by the governing body of a petition signed by residents of the
city. The city shall submit a description of the proposed area of historical s~gnificance or the
petition describing the proposed area, if the proposed area is a result of the receipt of a petition,
to the historical division which shall determine if the proposed area meets the criteria in subsection
2 and may make recommendations concerning the proposed area. Any recommendations made by
the division shall be made available by the city to the public for viewing during normal working
hours at a city government place of pubhc accesg.
2. A city .qhall not designate an area as an area of historical significance unless it containa
contiguous pieces of property under diverse ownership which meets the criteria specified in
section 303.20, subsection 1, paragraphs "a"to "f".
3. A city may provide by ordinance for the establishment of a commi~ion to deal with matters'
involv~g areas of historical significenee but shall provide by ordinance for such commission upon
the enactment of the ordinance design~rlng an area as an area of historical significance as required
in subsection 4. Upon the establishtnent of the commission the city shall provide by ordinance for
the method of appointment, the number, and terms, of members of the commission and for the
duties and powers of the oommissioll. The commi~iotl nhall co~ll~Jn not less than throo Illealtbers.
The members of the commission shall be appointed with due regard to proper representation of
residents and property owners of the city and their relevant fields of knowledge including but not
limited to history, urban planning, architectxlre, archaoology, law, and sociology. At least one
resident of each designated area of historical sJgnificence shall be appointed to the commi~ion.
Cities with a population of more than fff~ thousand shall not appoint more than one-third of the
members to the commission of an area of historical significance that are members of a city zoning
commission appointed pursuant to chapter 414. The commi.qsion shall have the power to approve
or deny applications for proposed alterations to exterior features within an area designated as an
area of historical si~m~ificanee. An. aggrieved party may appeal the commission's 'action to the
governing body of the city. If not satisfied by the decision of the governing body, the party may
appoal within ~y days of tho gov~a~tJllg body's decision to the dist~ot collr£ for the coumy in
which the designated area is located. On appeal the governing body or the district court as the
case may be shall consider whether the eommi.~sion has exercised its powers and followed the
guidelines established by the law and ordinance, and whether the commi.qsion's lt~ion ~ patently
arbitrary or capricious.
4. An area shall be designated an area of historical significance upon enactment of an ordinance
of the city. Before the ordinance or an amendment to it is enacted, the governing body of the city
shall submit the ordinance or amendment to the historical division for its review and
recommendations.
2003 Iowa Code 1
CD-ROM
Sec. 25-3. Historic Preservation Commission Established; Membership; Term
Of Office; Vacancies In Office:
(a) The historic preservation commission is hereby established and shall consist of seveal (7)
members who .~hall be residents of the city.
(b) Members of the commission shall be appointed by the city council as follows: one resident
fi.om each designated historic preservation district, including the districts hareina~er
estabhshed; and two (2) at large members. Each member shah possess q~alifioations
evidencing expertise or interest in architecture, history, archeology, law, construction or
building rehabilitation, city planning or conservation in general. One commission member
shslt be a licensed architect.
(c) The original appointment of the members of the commission shall be as follows: two (2) for
one year, two (2) for two.(2) years, and three O) for three (3) years, from July 1 of the year
of such appointment or until a successor is named to serve out the unexpired portion of a
term of appointment or until a successor is appointed to serve for a term of three (3) years.
lvlembers appointed thereafter shall serve three (3) year terms.
(d) Vacancies occurring in the commission, other than through expiration of term of office, shall
be only for the unexpired portion o£the term of the member replaced. Each member shall
serve until the appointment of a successor.
(e) Members may serve for more than one term~
(f) Vacancies shall be filled .by the city council in accordance with the requirements set forth
above.
(g) Members shall serve without compensation. (Ord. 18-01, § 1, 3-19-2001)
Corpor~o~ Co,~sel
JUL 1 5 2O03
_ PLANNING SERVICES DEPAITT'f~ENT
July 15, 2003
Ms. Laura Carstens, City Planner
City Hall - Planning Department
50 West 13th Street
Dubuque, IA 52001
RE: Membership For Historic Preservation Commission
Dear Laura:
This is in response to your request for an opinion regarding a proposed change in the
membership of the Histodc Preservation Commission, specifically, whether the City
Council could amend the Histodc Preservation Ordinance adding two at-large members.
Iowa Code §303.34 does not provide for the specific number of members of the
Commission and in fact provides that the City shall by ordinance provide for "the
number.., of members of the Commission." There is also a requirement that the
Commission contain not less than three members and that at least one resident of each
designated area of historical significance be appointed to the Commission. It would
appear that the City Council may increase the number of Commissioners and may add
two additional at-large members.
If you have any questions about this memo, please give me a call at your convenience.
/Barry A. Lindahl, Esq.
~Corporation Counsel
BAL:tls
cc: Tim O'Brien, Assistant City Attorney
STATE
HISTORICAL
TSOC T of
IOWA
A Division Of The Deparlment of Cultural Affairs
CITY OF DUBUQUE
, PLANNING SERVICES DEPAIT~E:NI'
August 20, 2003
Mr. Wally Wemimont, Assistant Planner
City Hall-Planning Department
50 West 13m Street
Dubuque, Iowa 52001
RE: Ordinance Rcvision-I4_istoric Preservation Commission Membership
Dear Wally:
Thank you for forwarding the proposed amendment to the historic preservation ordinance, which
establishes two additional at-large members to the Commission for State review and comment.
The State concurs with the Dubuque City Corporate Counsel's observations and recommendations.
Increasing the number of eoi~,~dssion members is aceeptable.
Before making the chan~e, please consider the following. Will the City be able to keep all commission
positions filled? In the past, there has been difficulty, because of smtt~ry restrictions, in filling one
position representing the Old Main Historic District and the Architect's position. At present the Old Main
District position is vacant.
Second, will the Historic Preservation Coi,,-,ission be able to conduct business on a regular basis?
Increasing the commission membership increases the number of commissioners needed for a quorum.
Given the work load of the Cou.,ission, it is/mperative that Dubuque residents know that when the
Commi.qsion meets it will be able to conduct business because a quorum of members are present.
Again, the State has no objection to increasing the size of the City of Dubuque's Historic Preservation
Commission.
If you have any questions, concerns, or require additional information, please feel free to contact me by
mail at the address below, by phone at 515/281-6826 or by email at kerry, mc~mth~,,dca, state.ia.us.
Sincerely,
Kerry C. MeGrath
Local Govemments/CLG Program Coordinator
600 FAST LOCUSTSTRK~ D~S MOINI~ IA 5031~0290 p: (515) 281-6826, ~ keny~mcgrat1~c~stat~i~us