Downtown School Dis Conserv
Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th St. Telephone: 589-4210
ORDINANCE NO. 74-04
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING
CONSERVATION DISTRICTS.
Whereas, the Historic Preservation Commission has recommended amendments
to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances
regarding Conservation Districts; and
Whereas, the City Council established Conservation Districts to allow for the
Commission's and City Council's review of demolition permits that might impact
buildings of historic or architectural significance in these districts; and
Whereas, the Commission has recommended criteria for the Commission and
the City Council to consider if the state of Iowa or a political subdivision of the state is
able to perform its functions; and
Whereas, the City Council finds that the recommended amendments to Chapter
11 are consistent with the goals and objectives of the City's Comprehensive Plan and
the purpose and intent of the City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section1. Chapter 11 (Building Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending the following sections to read as follows:
11-4(b) Review by the Historic Preservation Commission. Upon receiving an
application for a demolition permit for any building subject to this section, the
building official shall immediately notify the Historic Preservation Commission of
such application. If the application is for any building with one or more dwelling units,
the building official shall also immediately notify the Housing and Community
Development Department. The applicant shall file the information required in this
section with the Historic Preservation Commission at the Office of the Planning
Services Department by the application deadline established by the Commission. If
the application is for any building with one or more dwelling units, the Planning
Services Department shall provide the filed information to the Housing and
Community Development Department.
Ordinance No.
Page 2
-04
At its next regular meeting, the Commission shall recommend to the City Council
approval or denial of the application, or table the application for additional
information for a specified period not to exceed sixty (60) days from the date of
application with the Commission. A failure of the Commission to take action on the
application within the sixty (60) day period, unless the applicant requests and the
Commission grants an extension of such time, shall constitute Commission approval
thereof. The recommendation of the Commission shall be transmitted to the City
Clerk. The City Clerk shall promptly transmit the recommendation and the
application to the City Council for its consideration.
The Commission shall review all of the information submitted by the applicant and, if
the application is for any building with one or more dwelling units, all of the
information submitted by the Housing and Community Development Department,
and shall make a determination as to the following:
(1) Whether the building proposed for demolition has historic or architectural
significance to the community; and
(2) Whether denial of the proposed demolition permit would prevent the property
owner from earning a reasonable economic return on the property.
If the Commission finds that denial of the application would prevent the property
owner from earning a reasonable economic return on the property, or that the
building does not have any historical or architectural significance to the community,
the Commission shall recommend approval of the application.
If the Commission finds that denial of the application would not prevent the property
owner from earning a reasonable economic return on the property, and that the
building has historical or architectural significance to the community, the
Commission shall recommend denial of the permit application.
If the applicant is the state of Iowa or a political subdivision of the state, the
Commission shall also make a determination as to whether the denial of the
application would prevent the state or the political subdivision from
accomplishing its governmental functions as follows:
(1) If the Commission finds that denial of the application would prevent the
state or the political subdivision from accomplishing its governmental
functions, the Commission shall recommend approval of the application.
(2) If the Commission finds that denial of the application would not prevent the
state or the political subdivision from accomplishing its governmental
functions, the Commission may recommend denial of the application.
Ordinance No. -04
Page 3
11-4(c) Historic and architectural significance guidelines and review criteria. The
report, "Heritage of Dubuque" dated March 1974 and filed on record on January 27,
1975, shall be considered as a comprehensive study for the historical preservation
of the city and as one of the guides to be considered at such time as a demolition
permit is applied for in a reference conservation district. The City of Dubuque's
Historic Property Inventory and any subsequent official architectural/historical
surveys/evaluations and nominations to the National Register of Historic Places
prepared for any buildings located within the neighborhoods described in subsection
(a) also shall be considered as guidelines at such time.
In determining whether a building has historic or architectural significance, the
Commission and the City Council shall consider an application for a demolition
permit in accordance with the standards for review set forth in the Secretary of the
Interior's Standards for Identification and Evaluation, and any subsequent revisions
of these standards and guidelines by the Secretary of the Interior. The Commission
and the City Council shall also consider a determination from the State Historical
Society of Iowa as to the potential eligibility for listing of the building proposed for
demolition on the National Register of Historic Places.
11-4(d) Economic Guidelines and Review Criteria. In determining whether to
recommend approval or denial of the application, the Commission and the City
Council may consider the information set forth in this subsection. The Commission
and the City Council may also investigate strategies which would allow the property
owner to earn a reasonable economic return on the property, may solicit expert
testimony, and may require that the applicant make submissions concerning any or
all of the following information:
(1) A bid from a. qualified contractor showing the cost of the proposed demolition;
(2) A report from a licensed engineer, architect or contractor with experience in
rehabilitation as to the structural integrity of any structure that the applicant proposes
to demolish;
(3) An opinion of the market value and the appraised value of the property by a
realtor or appraiser: a) in its current condition, b) after completion of the proposed
demolition, c) after renovation of the existing property for continued use, and d) all
appraisals obtained within the last five (5) years for the property;
(4) An estimate from an architect, developer, real estate consultant, appraiser or
other real estate professional experienced in rehabilitation of the cost: a) to perform
the repairs identified by the Building Services Department and the Housing and
Community Development Department if the structure contains one or more dwelling
units, and b) to rehabilitate the structure;
(5) The amount paid for the property, the date of purchase and the person from
whom the property was purchased, a description of the relationship, if any, between
Ordinance No. -04
Page 4
the owner of record, the applicant and the person from whom the property was
purchased, and the terms of the purchase or proposed purchase, including
financing;
(6) If the property is income-producing, Form 1040 Schedule E or equivalent for the
previous two (2) years;
(7) Itemized operating and maintenance expenses for the previous two (2) years,
and the depreciation deduction and annual cash flow before and after debt service, if
any, during the same period;
(8) The name of all mortgagees and the balance of all mortgages or other financing
secured by the property and annual debt service, if any, for the previous two (2)
years;
(9) Any listing of the property for sale or rent, the price asked and offers received, if
any, within the previous five (5) years;
(10) The assessed value of the property for the previous two (2) assessment years;
(11) The amount of real estate taxes assessed for the previous two (2) assessment
years and whether or not they have been paid;
(12) Any other information considered necessary by the Commission by the City
Council to make a determination as to whether the property does or may yield a
reasonable economic return to the property owner(s);
(13) A statement of the applicant's efforts to obtain financing, tax incentives,
preservation grants and other incentives sufficient to allow the applicant to earn a
reasonable economic return from the property in its current condition, and after
renovation of the existing property for continued use; and
(14) A statement of the applicant's current maintenance and repair activities.
If the application is for any building with one or more dwelling units, the Housing and
Community Development Department may also make submissions concerning any
or all of the above information, including strategies which would allow the property
owner to earn a reasonable economic return on the property. The Commission shall
consider such information.
(e) Guidelines and Review Criteria for Applications by the State of Iowa or a
Political Subdivision of the State: In determining whether to recommend
approval or denial of the application, the Commission and the City Council
may consider the information set forth in this subsection and any other
information the Commission or the City Council considers relevant to
balancing any conflicting governmental interests.
Ordinance No.
Page 5
-04
The Commission and the City Council may require that the applicant make
submissions concerning any or all of the following information for the
proposed site and suitable alternative location(s):
(1) Fair market value of property;
(2) Estimate of the cost of the proposed demolition, including hazardous
material removal and remediation;
(3) Fair market value of any property owned by the governmental body that
could be sold if that site is not chosen for the project;
(4) Property tax impact of removing private property from the tax rolls at the
proposed location and all alternative locations;
(5) Any other factors that contribute to making one location more suitable than
others for the proposed use.
(6) Any other information appropriate to evaluating how all conflicting
governmental interests may be accommodated.
(7) The need for the use in question, the effect on neighboring property, and
the environmental impact of the proposed use.
11-4(f) Action by the City Council. At its next regular meeting following receipt of the
recommendation of the Commission by the City Clerk, the City Council shall hold a
hearing on the application for a demolition permit and shall approve, deny or
withhold action on the application for a specified period not to exceed ninety (90)
days from the date of application to the Building Services Department, unless the
applicant requests an extension of such time. If the City Council fails to take action
to approve, deny or withhold action on the application within the ninety (90) day
period, or such extension as requested by the applicant, the building official shall
issue the permit forthwith.
The City Council may withhold action on the application to allow the City Council and
the Commission an opportunity to investigate the historical or architectural value of
the building to the community and to take such action as may be appropriate to
encourage its preservation. However, nothing in this section shall authorize the
withholding by the building official of a demolition permit for more than ninety (90)
days from the date of application to the Building Services Department, unless the
applicant requests an extension.
At the hearing, the City Council shall consider the recommendation of the
Commission, any information submitted to the Commission by the applicant, any
information submitted to the City Council by the applicant, and, if the application is
~
Ordinance No.
Page 6
for any building with one or more dwelling units, any information submitted by the
Housing and Community Development Department.
-04
If the City Council finds that denial of the application would prevent the property
owner from earning a reasonable economic return on the property or that the
building does not have any historical or architectural significance to the community,
the City Council shall approve the application.
If the City Council finds that denial of the application would not prevent the owner
from earning a reasonable economic return on the property and that the building has
historical or architectural significance to the community, the City Council shall deny
the application.
If the applicant is the state of Iowa or a political subdivision of the state, the
City Council shall also make a determination as to whether the denial of the
application would prevent the state or the political subdivision from
accomplishing its governmental functions as follows:
(1) If, after weighing the interests and attempting to accommodate all
conflicting governmental interests, the City Council finds that denial of the
application would prevent the state or the political subdivision from
accomplishing its governmental functions, the City Council shall approve
the application.
(2) If, after weighing the interests and attempting to accommodate all
conflicting governmental interests, the City Council finds that denial of the
application would not prevent the state or the political subdivision from
accomplishing its governmental functions, the City Council may deny the
application.
If the City Council denies the application, it shall state its findings in writing and shall
transmit a copy of such findings to the applicant.
Section 2. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 20th day of September, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th Sl. Telephone: 58~210
ORDINANCE NO. 73-04
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 20th day of September, 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.
1
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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 Historical/Architectural
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:
/
I. ...-/'
Tim O'Brien ( I) C
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 Rapids Community School District v. Citv of Cedar Rapids, 106
N.W.2d 655 (I 960). 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 (I963) 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 of these cases have been overruled by the 1986 case of Citv of Ames v. StOry
Countv, 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 of the 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
Proposed Boundary Amendment
/~/
Level of Historical and/or Architectural Significance of Buildings in the Downtown School Site
f_11ìì11¡j1¡1111:'¡\ìì¡!j~_I~DIII.¡.j;;:m1~¡ttl_¡!.lJt!._..1ì¡!:Ρ.t~:.I;;..¡m_i
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
Local
Local
Local
Local
Non-Contributing
Eligible for NRHP
Local
Contributing 1 Key
Contributing
Contributing
Contributing
Contributing
Contributing / 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 Milligen, 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 11 th 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 Inventorv
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 eacl1 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
HistoricallArchitectural SurveylEvaluation of the community.
ResDondina 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 Property 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
Page 7
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 Plannina
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
'0' , Dubuque.
- -Commuruty
, ." Schools
.
2300 Chaney Road
Dubuque fA 52001-3095
Phone (563) 588-5102
Fax (563) 588-8521
Learning' Leading. Living
September 14,2004
The Honorable Terrance M. Duggan and Members of the City Council
City of Dubuque
City Hall
50 West 13th Street
Dubuque]A 52001-4845
RE: New Downtown Elementary School Site
Dear Mayor Duggan and Members of the City Council:
Thank you for the support the Council and City Staff have demonstrated toward the school district's
vision for locating a new public elementary school in the downtown area. From the outset, we knew that
building a school in this part of the city would be much more complicated - and was likely to be much
more controversial- than building a school in a cornfield on the west side of the city.
At its meeting on Monday, September 13, 2004, the Board of Education of the Dubuque Community
School District unanimously voted to reaffirm the district's request to remove the two-block site from II th
to 13th Street between White and Central from the Downtown Neighborhood Conservation District. We
urge the Council to approve the third reading of the pertinent ordinance which will accomplish this
removal.
As a further update on this project, we want you to know that we continue to negotiate for purchase of
properties within the two-block area, and have secured several signed agreements. The traffic study
which the Council directed the school district to undertake in conjunction with our request that the city
vacate 12th Street has been completed and will be forwarded to city staff very soon. District staff and
architects will be meeting on Monday, September 20, with members of the city staff to discuss floor plan
and program issues relating to the potential neighborhood resource center for which the Council has
committed $250,000. City staff has drafted a 28E Agreement which the district will be considering.
As we proceed, we are well aware of ongoing objections to the process for demolition approval we have
taken, objections to our choice of site, and objections to our site plan.
However, we are also receiving manv supportive comments and words of encouragement from citizens
across our community.
Mayor Terrance M. Duggan and Members of the City Council
September 14,2004
Page Two
We affirm our strong commitment to building a school that will truly enhance the downtown area and
provide an anchor of education and service for families residing in this area for many years to come. We
will appreciate your ongoing support of our pursuit of this vision.
Yours truly,
~~
President, Board of Education
~~"
Superintendent of Schools