Downtown Con Dis - School 2nd R
MARKED-UP VERSION OF ORDINANCE AMENDMENT
ORDINANCE NO. - -04
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING THE
DOWNTOWN NEIGHBORHOOD CONSERVATION DISTRICT.
Section 1. Chapter 11 (Building Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending Section 11-4(a)(8) to read as follows:
(8) Downtown Neighborhood: Beginning at the intersection of White Street and
Fourteenth Eleventh Street, thence southerly along White Street to its intersection with
Fifth Street; thence easterly along Fifth Street to its intersection the railroad tracks;
thence easterly along the railroad tracks to their intersection with the Mississippi River;
thence southerly along the riverfront across the Ice Harbor to the eastern terminus of
First Street; thence westerly along First Street to its intersection with U.S. Highway
61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust
Street Connector; thence westerly along the Locust Street Connector and across Locust
Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell
Lane; thence northerly along Bissell Lane extended to First Street; thence westerly
along First Street to its intersection with Bluff Street; thence northerly along Bluff Street
to its intersection with Fifth Street; thence easterly on Fifth Street to its intersection with
Locust Street; thence northerly on Locust Street to its intersection with Seventh Street;
thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly
on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to
the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along
Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its
intersection with Tenth Street; thence easterly along Tenth Street to its intersection with
Iowa Street; thence northerly along Iowa Street to its intersection with Fourteenth
Street; thence easterly along Fourteenth Street to its intersection with White Street,
thence southerly along White Street to its intersection with Thirteenth Street,
thence westerly along Thirteenth Street to its intersection with Central Avenue,
thence southerly along Central Avenue to its intersection with Eleventh Street,
thence easterly along Eleventh Street to its intersection with White Street, which is
the point of beginning.
Downtown District Area Amendment.doc
Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th 51. Telephone: 589-4210
ORDINANCE NO. - -04
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING THE
DOWNTOWN NEIGHBORHOOD CONSERVATION DISTRICT.
Whereas, the Dubuque Community School District has requested the removal of
certain properties from the Downtown Neighborhood Conservation District; and
Whereas, the City of Dubuque established Conservation Districts to allow for the
City Council's review of demolition permits that might impact buildings of historic or
architectural significance in these districts; and
Whereas, the Dubuque Community School District has requested the removal of
these properties to facilitate construction of a new downtown school; and
Whereas, the City Council finds that the approval of the School District's request
balances competing governmental interests for the greater public good.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 11 (Building Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending Section 11-4(a)(8) to read as follows:
(8) Downtown Neighborhood: Beginning at the intersection of White Street and Eleventh
Street, thence southerly along White Street to its intersection with Fifth Street; thence
easterly along Fifth Street to its intersection the railroad tracks; thence easterly along
the railroad tracks to their intersection with the Mississippi River; thence southerly along
the riverfront across the Ice Harbor to the eastern terminus of First Street; thence
westerly along First Street to its intersection with U.S. Highway 61/151; thence southerly
along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence
westerly along the Locust Street Connector and across Locust Street to Jones Street;
thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly
along Bissell Lane extended to First Street; thence westerly along First Street to its
intersection with Bluff Street; thence northerly along Bluff Street to its intersection with
Fifth Street; thence easterly on Fifth Street to its intersection with Locust Street; thence
northerly on Locust Street to its intersection with Seventh Street; thence westerly on
Seventh Street to its intersection with Bluff Street; thence southerly on Bluff Street to its
intersection with Fifth Street; thence westerly along Fifth Street to the bluff line; thence
northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its
intersection with Bluff Street; thence northerly along Bluff Street to its intersection with
ORDINANCE NO. - -04
Page 2 of 2
Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street;
thence northerly along Iowa Street to its intersection with Fourteenth Street; thence
easterly along Fourteenth Street to its intersection with White Street, thence southerly
along White Street to its intersection with Thirteenth Street, thence westerly along
Thirteenth Street to its intersection with Central Avenue, thence southerly along Central
Avenue to its intersection with Eleventh Street, thence easterly along Eleventh Street to
its intersection with White Street, which is the point of beginning.
Section 2. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
day of
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Downtown District Area Ordinance.doc
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MEMORANDUM
August 11, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Community School District Request
The Dubuque Community School District Board of Education has committed to building
a replacement for the downtown Prescott School. In order to fulfill this $8 million
commitment, the School Board needs some City assistance. At this time, the School
Board is requesting the removal of twelve buildings from the Conservation District so
the site can be cleared for this project.
Retention of a downtown school is consistent with City Council Goals and Priorities, the
Neighborhood Reinvestment Strategy, objectives identified in the Downtown Master
Plan and the City's Housing and Community Development Five-Year Consolidated
Plan.
The City of Dubuque has invested millions of dollars in the downtown over the last 40
years in an attempt to eliminate slum and blight and recreate an atmosphere that
supports a successful downtown.
The City of Dubuque's commitment to historic preservation began in the mid 1970's. In
1976, the Dubuque Architectural Survey was completed and demolition districts were
established as precursors to historic districts. The Dubuque City Council adopted a
Historic Preservation Ordinance in 1977. The City Council established the Historic
Preservation Commission (HPC) in 1979.
There are 615 structures in the 5 locally designated historic districts administered by the
HPC. Three of these districts -- Cathedral, Jackson Park, and Old Main -- are also
listed on the National Register of Historic Places.
The City of Dubuque has 36 structures individually listed on the National Register. The
City has been adding to its National Register inventory in the last few years, principally
through historic tax credit projects in the central business district.
In 2001, the City Council expanded the boundaries of the demolition districts. The
districts protect 958 structures in the downtown and surrounding older neighborhoods.
The City Council initiated historic preservation incentives in the spring of 2001 for
rehabilitation of historic properties as follows:
~ Creation of a Historic Preservation Homeowner Grant Program for low to
moderate income households in the historic districts, with grants up to $5,000 per
home for exterior rehabilitation.
~ Creation of a Historic Preservation Revolving Loan Fund to provide low interest
loans to property owners at any income level in the four residential historic
districts. The program provides loans of up to $25,000 at 3% for 10 years per
structure for exterior rehabilitation.
~ Creation of a Historic District Public Improvement Program to provide incentives
for public place and streetscape improvements in each historic district on an
annual rotating basis, with improvements based on a comprehensive urban
design plan for each of the 5 historic districts. The program is funded at
$100,000 per year with a 25% match requirement, and is available to
neighborhood groups and neighborhood associations.
~ Expansion of the existing Urban Revitalization Program to include all historic
districts. This program offers a 10-year property tax exemption for interior and
exterior improvements for residential properties in older neighborhoods.
In 2002, the City Council established the Historic Property Tax Rebate Program to
encourage property owners to preserve, rehabilitate, restore, and reconstruct historic
properties in the City's Downtown Urban Renewal District. The program rebates
property taxes on the new taxable valuation for eight years.
The Downtown Urban Renewal District includes a grant and low-interest loan program
for building rehabilitation. An owner can get a $10,000 façade grant, a $10,000 grant
for engineering and architectural fees, and a $300,000 low-interest loan, with $2,000 of
this loan forgivable for every housing unit and every job created.
While it would be nice to try to save every building downtown, following that course of
action could actually put all the buildings in jeopardy. Some redevelopment that
includes demolition of certain structures is necessary to save the remaining buildings. It
would be difficult to find a more important project related to the health of downtown than
a replacement for Prescott School
Assistant City Attorney Tim O'Brien has reviewed case law related to the concept of
conflicting governmental interests, and the balance of those interests for the greater
public good. Tim O'Brien concluded, "In the end, this is not particularly helpful in
providing guidance in advance, and would seem to argue in favor of removing the
property from the demolition district." He further states, "...it would appear that the
educational interests of the School District and the public good might out-weigh the
aesthetic interests of the City."
I respectfully request Mayor and City Council approval of the School District request to
remove the twelve buildings from the Conservation District to facilitate the construction
of a replacement to Prescott School.
(YitÚ ~~,¡1¡l\
Michael C. Van Milligen
MCVMljh
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
John Burgart, Superintendent, Dubuque Community School District
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MEMORANDUM
August 11,2004
TO:
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
SUBJECT: Downtown School Site - Request for Removal from District
INTRODUCTION
On August 3, 2004, the Dubuque Community School District submitted a request to the
City Council to remove 12 properties from the Downtown Neighborhood Demolition
District. The buildings are in the School District's proposed site for the new downtown
school to replace Prescott School.
On August 2, 2004, the City Council renamed the Demolition Districts to Conservation
Districts. This change went into effect on August 6,2004. All 12 buildings are on the
east border of the Downtown Conservation District, as shown on the enclosed map.
BACKGROUND
Eleven of the 12 buildings in the downtown school site were identified as architecturally
or historically significant in Phase III of the City of Dubuque's HistoricallArchitectural
SurveylEvaluation of the community. This survey of 647 downtown properties was
approved by the Historic Preservation Commission, the City Council, and the State
Historic Preservation Office in 2003. Copies were provided to the Dubuque County
Historical Society, Carnegie Stout Public Library, and the Center for Dubuque History.
The buildings' levels of significance as determined by the consultant for the Phase III
survey are shown on the enclosed map and chart.
The Conservation District regulations state that the Historic Preservation Commission
and the City Council shall deny a demolition permit for any building if:
1. the property is architecturally or historically significant, and
2. denial of the application would not prevent the property owner from earning a
reasonable economic return on the property.
Downtown School Site - Request for Removal from Demolition District
page 2
DISCUSSION
The School District has filed demolition applications for the 12 properties in the
downtown school site; however, the applications lack the required economic information
to determine whether or not the buildings are economically viable. Planning Services
staff has not filed the applications with the Historic Preservation Commission because
they are incomplete. This economic information must be submitted before the
applications can be sent to the Commission for them to review, and then to provide a
recommendation to the City Council.
Because the School District is a governmental body with powers of eminent domain and
condemnation, Planning Services staff conferred with Legal staff on how to treat their
demolition applications. Based on the enclosed legal research conducted by Assistant
City Attorney Tim O'Brien for cases between two governing bodies regarding competing
interests, City staff recommended that the School District consider the following options:
1. Submit the required economic information to complete the demolition
applications for each of these properties; or
2. Withdraw the incomplete demolition applications, and then request that the City
Council remove these 12 properties from the Downtown Conservation District.
With the first option, the City Council would review the demolition applications for each
property. Potentially, the City Council could deny one or more of the applications. A
denial would negatively impact the downtown school project.
With the second option, the City Council would not need to review any of the demolition
applications. The downtown school would proceed through the permit review process.
RECOMMENDATION
Planning Services and Legal staff recommend that the City Council approve the School
District's request to remove the 12 properties in the downtown school site from the
Downtown Neighborhood Conservation District. We believe this decision would be
consistent with the court decisions on similar cases involving conflicting governmental
interests, and the balancing of those interests for the greater public good.
The City Council can remove these properties from the Downtown District by amending
the current regulations. An ordinance amendment is enclosed for consideration.
Enclosures
cc: Barry Lindahl, Corporation Counsel
Tim O'Brien, Assistant City Attorney
Douglas Horstmann, School Board President, Dubuque Community School District
John Burgart, Superintendent, Dubuque Community School District
CITY OF DUBUQUE
MEMORANDUM
TO:
Laura Carstens
FROM:
/
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Tim O'Brien (Il"
July 6, 2004
DATE:
SUBJECT: Governmental Exemption from Zoning
As we discussed, I have reviewed the current Iowa law on the question of governmental
exemption from zoning laws. The following is a brief summary of the most significant cases on
this issue.
The first case is Cedar Raoids Community School District v. Citv of Cedar Raoids, 106
N.W.2d 655 (1960). This case stood for the proposition that a school district was required to
abide by the City's building ordinances in constructing a school building.
The second case is the Citv of Bloomfield v. Davis Countv Community School District,
119 N.W.2d 909 (1963) which decided that the school district was not subject to the municipal
zoning laws with respect to a gasoline storage facility on school owned property in a residential
district.
Both ofthese cases have been oveITuled by the 1986 case of Citv of Ames v. StOry
County, 392 N.W.2d 145, which holds that the court, in reviewing a dispute between a city and a
county as to whether the city is required to abide by the county zoning ordinance, was required to
apply a "balancing of interests" test to resolve the dispute. The "balancing of interests" test
involves recognizing the legitimate public interests of both the city and the county and weighing
those interests. The county does not have an absolute veto of the construction by the city. The
court holds that to the extent possible all conflicting governmental interests must be
accommodated. When these interests can not all be accommodated, the dispute must be resolved
on the basis of the "greater public good".
In the end this is not particularly helpful in providing guidance in advance and would
seem to argue in favor of removing the property from the demolition district. If pushed to make
a decision on this question, it would appear that the educational interests ofthe school district
and the public good might out-weigh the aesthetic interests of the city.
If you have any other questions please let me know.
DOWNTOWN SCHOOL SITE
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1150-52 Central
1246 Central
1256 Central
1266 Central
1278 Central
1290 Central
1296 Central
1101 White
1129 White
1131 White
1133 White
1159 White
1249 White
Duplex
Green Indus Supply
Green Auto Supplies
Book Exchange
Great Dragon
Klein-vacant
Routley Center
Apartment
Apartment
Stackis Construction
Apartment
Dubuque Labor Harvest
Prescott School
Yes
Yes
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Local
Local
Local
Non-Contributing
Eligible for NRHP
Local
Contributing I Key
Contributing
Contributing
Contributing
Contributing
Contributing I Key
Old Town Historic District
Old Town Historic District
Old Town Historic District
Old Town Historic District
Old Town Historic District
Old Town Historic District
NRHP = determination of eligibility for listing on the National Register of Historic Places
Chart of School S~e Demos. doc
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MEMORANDUM
August 11, 2004
TO:
Michael C. Van Millígen, City Manager
FROM:
Laura Carstens, Planning Services Manager .~
SUBJECT: City of Dubuque's Commitment to Historic Preservation
INTRODUCTION
The City of Dubuque has a strong historic preservation ethic, a historic preservation
ordinance, a conservation district ordinance and a variety of preservation incentives
supported by an active Historic Preservation Commission. As Iowa's oldest city,
Dubuque has been continually in the forefront of historic preservation in State of Iowa -
principally for successful new preservation incentives. We believe that Dubuque has
one of the best preservation programs in Iowa, with a growing array of preservation
tools available to help finance rehabilitation and adaptive reuse of historic structures.
HISTORIC PRESERVATION COMMITMENT
The City of Dubuque's commitment to historic preservation began in the mid 1970's as
the community reacted to the wholesale clearance of downtown blocks through urban
renewal programs.
Initial Efforts
In 1976, the Dubuque Architectural Survey was completed and demolition districts were
established as precursors to historic districts. The City Council adopted a Historic
Preservation Ordinance in 1977. The City Council established the Historic Preservation
Commission (HPC) in 1979 to assist in the review, retention and promotion of
historically significant properties and districts in the city of Dubuque. The City
designated local historic districts and landmarks from 1979 to 1984 based on the 1976
Survey.
Commitment to Historic Preservation
Page 2
Historic Districts
There are 615 structures in the 5 locally designated historic districts administered by the
HPC. Three of these districts -- Cathedral, Jackson Park, and Old Main -- are also
listed on the National Register of Historic Places. In June of 2004, the State of Iowa
approved the City's nominations of the Langworthy and West 11th Street historic districts
to the National Register. The National Park Service is considering these nominations.
Local Landmarks
The City of Dubuque has designated 8 local landmarks for the HPC to administer: City
Hall, Dubuque County Courthouse, Old Dubuque County Jail, William M. Black
steamboat, Shot Tower, Mathias Ham House, Julien Dubuque Monument and Four
Mounds Estate. All of these are on the National Register. In addition, the Old Jail and
the William M. Black are National Historic Landmarks. The City is in the process of
nominating the Shot Tower as a National Historic Landmark.
National Reaister Inventory
The city limits of Dubuque encompass many of Dubuque County's nationally recognized
cultural resources, including 1 of the 4 archeological districts, all 4 historic districts, and
36 of the 46 structures individually listed on the National Register. Two of the County's 3
National Historic Landmarks are in Dubuque. The City of Dubuque has been adding to
its National Register inventory in the last few years, principally through historic tax credit
projects in the central business district.
DemolitionlConservation Districts
When first established in 1976, the demolition districts had a discretionary 90-day
review by the City Council for all demolition permit applications in these districts. They
encompassed neighborhoods where the 1976 Architectural Survey indicated there may
be a collection of historically and architecturally significant structures.
When several landmark commercial structures in the Downtown were threatened with
demolition in 2001, the City Council asked the HPC to assist in completely revamping
the regulations for demolition districts. In 2001, the City Council expanded the
boundaries of the demolition districts to include the Downtown, established economic
review criteria, and made the HPC an advisory review body for demolition permit
applications in the demolition districts.
In August of 2004, the City Council renamed the demolition districts to conservation
districts, and revised the economic review criteria based on recommendations of the
HPC and the Community Development Advisory Commission.
The HPC now has review responsibilities for demolition requests in the 8 conservation
districts that protect 958 structures in the downtown and surrounding older
neighborhoods. The conservation districts encompass areas of historically and
architecturally significant structures.
Commitment to Historic Preservation
Page 3
Facade Grants
The Façade Grant Program is available for front and rear façade renovations in the Old
Main Subarea of the Greater Downtown Urban Renewal District, which encompasses
the Old Main Historic District. The grants are used to eliminate inappropriate additions
or alterations, to repair facades to their historic appearance, to rehabilitate the façade to
improve the overall appearance, and to install landscaping or screening. The HPC
reviews and approves these grants.
Historical/Architectural Survevs/Evaluations
The Dubuque City Council has committed matching funds for State grants to survey and
evaluate the historical and architectural significance of 4,728 structures in the historic
districts and conservation districts.
Dubuque's many architectural themes and historic contexts are recorded in the 1999
Comprehensive Survey and the 2000 Community Assessment of historical contexts and
supporting architectural themes funded in part by the State of Iowa. This multiple
property document is the foundation for phased historical and architectural surveys and
evaluations of Dubuque's older residential and commercial neighborhoods.
Completed in 2000, Phase I of Dubuque's Historical/Architectural SurveylEvaluation
encompassed 993 structures in the Couler Valley area. Phase II examined 2,092
structures in the Eagle Point area in 2001. Phase III involved 647 structures in and
around the central business district, including the Old Main Historic District, in 2002-
2003. Completed in June of 2004, Phase IV evaluated 544 structures in the Jackson
Park, Cathedral, West 11th Street, and Langworthy Historic Districts. It included
nominating the West 11 th Street and Langworthy Historic Districts to the National
Register. From 2004-2005, Phase V will evaluate 452 structures in the remaining areas
of the conservation districts not previously surveyed.
Certified Local Government
The City of Dubuque participates in the Certified Local Government (CLG) program of
the State Historic Preservation Office. The main benefit of being a CLG is that the City
is able to conduct federally-mandated Section 106 reviews locally, as opposed to
sending each project to the State Historic Preservation Office. If projects had to be sent
to the State, the amount of paperwork would increase significantly, as would the review
time.
As a CLG, the City also is eligible for grants to conduct a variety of historic preservation
activities. These have included development of design guidelines and the phased
Historical/Architectural SurveylEvaluation of the community.
Respondina to Challenaes
In the 1990's, historic preservation faced a number of challenges in Dubuque. As a
result, the City Council determined that a renewed focus on historic preservation was
needed. In 1999, City Council members directed the HPC to review and update the
Commitment to Historic Preservation
Page 4
Historic Preservation Ordinance, and to identify solutions to the problems and
deficiencies with the existing ordinance that had been the cause of these conflicts.
Preservation Partnerships
The City of Dubuque also prides itself on our community partnerships, and historic
preservation is no exception. The HPC has found good community support and a strong
funding commitment from the City Council and our partners at the local, regional and
state levels for growing list of preservation tools and incentives.
The HPC created a Preservation Task Force in the Spring of 2000 to develop
partnerships, gather public input and present recommendations to the City Council. The
Task Force included HPC members, historic district property owners, contractors who
work on historic properties, and representatives from the Dubuque Area Board of
Realtors, Dubuque County Historical Society, and Dubuque Main Street Ltd. The Task
Force received staff support from the City's Community and Economic Development,
Legal, and Planning Services Departments.
The Task Force gathered public input and developed partnerships to help the City
uphold its commitment to its historic sites through focus group meetings, surveys, a
public forum, and input from the State Historic Preservation Office. The Task Force
identified perceptions and problems surrounding historic preservation, and developed
recommendations for Historic Preservation Ordinance revisions and preservation
incentives.
Historic Preservation Ordinance amendments
The City Council amended the Historic Preservation Ordinance in 2001 to address
problems and issues that had been causing conflicts in the 1990's.
~ Established Design Review Guidelines for the 5 historic districts as a user-
friendly resource to reduce the "red tape" that property owners and contractors
encounter when making exterior improvements to historic properties. In 2002, the
HPC distributed Architectural, Streetscape and Landscape Design Review
Guidelines for the Historic Districts and provided Design Review Training to local
property owners, public officials, design professionals, historic preservation
commissioners and staff from around the state of Iowa.
~ Added a Preservation Alternatives step to the design review process, between
the step for a Certificate of Appropriateness and the step for a Certificate of
Economic Hardship. The Preservation Alternatives step requires a property
owner to attempt to obtain financial incentives and restoration alternatives
sufficient for the owner to earn a reasonable economic return.
~ Designated the HPC as an advisory review body for public works projects within
historic districts or at landmarks that are visible from the public way. In 2003, the
City Council extended the HPC's advisory design review to downtown banners.
Commitment to Historic Preservation
Page 5
~ Prohibited Demolition by Neglect, to require owners of historic property keep their
real estate in good repair and to control neglect before it gets to the point where
the property owner requests changing or replacing the structure's original
materials or demolishing the structure. The intent is to stop a small problem
before it becomes a large problem, and to offer information and assistance to
property owners on preventative maintenance with historically appropriate
methods and materials.
Historic Preservation Incentives
In addition to these regulatory changes, the City Council initiated historic preservation
incentives in for rehabilitation of historic properties that bridge the gap that owners of
historic properties face due to their income, the cost of historic preservation, or both.
~ Changed the Historic Preservation Homeowner Grant Program for low to
moderate income households, by increasing the grant amount from $2,000 to
$5,000 for exterior rehabilitation, and removing the required match.
~ Creation of a Historic Preservation Revolving Loan Fund to provide low interest
loans to property owners at any income level in the four residential historic
districts. The program provides loans of up to $25,000 at 3% for 10 years per
structure for exterior rehabilitation. It is modeled after the City's Downtown
Rehabilitation Loan Program, which includes the primarily commercial Old Main
Historic District.
~ Creation of a Historic District Public Improvement Program to provide incentives
for public place and streetscape improvements in each historic district on an
annual rotating basis, with improvements based on a comprehensive urban
design plan for each of the 5 historic districts. The program is funded at
$100,000 per year with a 25% match requirement, and is available to
neighborhood groups and neighborhood associations.
~ Expansion of the existing Urban Revitalization Program to include all historic
districts. This program offers a 10-year property tax exemption for interior and
exterior improvements that increase the tax assessment and in turn the property
taxes, for residential properties in older neighborhoods.
~ Partnership with the Dubuque Area Board of Realtors to provide information for
potential purchasers of property within a historic district about historic
preservation regulations and incentives, and to include information that the
property is in a historic district on the purchase agreement form, the abstract and
the deed.
Commitment to Historic Preservation
Page 6
Since these Historic Preservation Ordinance amendments and historic preservation
incentives were implemented, the HPC has not been challenged by appeals to the City
Council.
The work of the HPC and the Preservation Task Force helped create a positive image
for historic preservation efforts, and spurred other local initiatives in support of historic
preservation.
Lead-Based Paint Abatement
In the late 1990's, the City's Housing Services Department had launched a major lead-
based paint abatement program for the City's substantial pre-1940 housing stock.
Conflicts emerged between the federal housing program guidelines for lead-based paint
abatement and the Secretary of the Interior's Standards for Rehabilitation.
In 2001-2002, the HPC, Durrant Architects and the Planning Services Department, with
assistance from the State Historic Preservation Office, developed Architectural Design
Guidelines with input from Housing Services and Building Services staff that
accommodated the goals of both federal programs. Design review training also was
offered to staff in these City departments.
Neiahborhood Grants
Through the federal Community Development Block Grant (CDBG) Program, the City
provides financial assistance to low and moderate income households. The City offers
a Neighborhood Infrastructure Program and Neighborhood Grants to neighborhood
associations and neighborhood groups in CDBG target areas, where a majority of
households are low and moderate income.
These programs compliment the Historic District Public Improvement Program. Since
2002, these CDBG programs have been made available as the local match or overall
funding source for streetscape improvements submitted by neighborhood organizations
for the Historic District Public Improvement Program.
Historic Propertv Tax Rebate Proaram
In 2002, the City Council established the Historic Property Tax Rebate Program to
encourage property owners to preserve, rehabilitate, restore, and reconstruct historic
properties in the City's Downtown Urban Renewal District. The program rebates
property taxes on the new taxable valuation for 8 years. The HPC reviews the
applications and provide recommendations to the City Council.
Buildina Code Options
The City Council has adopted the 1997 Uniform Code for Building Conservation, the
2000 International Building Code, and the 2003 Dubuque Historic Building Code. The
adoption of three separate building codes gives owners, contractors, architects and the
Building Services staff alternatives when dealing with existing buildings. It also reduces
Commitment to Historic Preservation
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the barrier (real andlor perceived) of codes when property owners are contemplating
renovation of their downtown buildings. The HPC supports the use of these codes.
Preservation-Related Planning
The City of Dubuque prides itself on our comprehensive planning, and historic
preservation is included in the planning process.
~ Long-range goals for historic preservation are set forth in the City's 1995
Comprehensive Plan and 2002 Plan update.
~ In 2002, the City Council adopted the Port of Dubuque Master Plan. The Port of
Dubuque is home several National Register properties and the America's River
project. The Plan provides for a dense urban development pattern reflective of
Downtown Dubuque, and supports a riverfront revitalization effort that includes
cultural and heritage tourism as well as design standards that reflect Dubuque's
historic downtown architecture.
~ The City Council recognized the importance of the historic, architectural and
cultural resources of downtown and surrounding neighborhoods with the
adoption of the Downtown Dubuque Master Plan in 2004. The Plan evaluates
current conditions, catalyst opportunities, and barriers to investment for
Downtown's historic features. It also describes priority actions for protecting and
encouraging redevelopment of historic resources in Downtown.
CONCLUSION
The City of Dubuque, Iowa is a tremendous example of "leading edge" preservation
efforts that can be accomplished through leveraging funds and forming partnerships.
The City of Dubuque's array of historic preservation regulations and incentives are not
found in many communities. Dubuque's programs can serve as a model for historic
preservation commissions from across the country, and are especially relevant for small
to medium-sized cities.
cc Historic Preservation Commission