Minutes_Historic Preservation Commssion 7 20 13Masterpiece on the Mississippi
Dubuque
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2012
MINUTES
HISTORIC PRESERVATION COMMISSION
REGULAR SESSION
5:30 p.m.
Thursday, June 20, 2013
City Council Chamber, Historic Federal Building
BTEN
Commissioners Present: Chairperson David Klavitter; Commissioners Bob McDonell,
John Whalen, Julie Schlarman, Chris Olson, Mary Loney Bichell, Christina Monk and
Otto Krueger.
Commissioners Excused: Commissioner Joseph Rapp.
Staff Members Present: Laura Carstens, David Johnson, and Maureen Quann.
CALL TO ORDER: The meeting was called to order by Chairperson Klavitter at 5:32
p.
m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: Motion by Olson, seconded by McDonell, to approve the minutes of the
May 16, 2013 as submitted. Motion carried by the following vote: Aye — Klavitter,
McDonell, Whalen, Schlarman, Olson, Bichell, Monk and Krueger; Nay — None.
EDUCATION TASK FORCE:
Minutes from Previous Meeting(s): Chairperson Klavitter welcomed questions.
Update on Public Outreach and Education Program: The Commission reviewed the
registration and survey program discussed by the Education Task Force at their June
6th meeting.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION:
Historic Preservation Ordinance Update: Assistant City Attorney Maureen Quann was
present to help review the proposed changes affecting demolition permit applications in
historic and conservation districts. Staff noted the proposed changes were previously
recommended by the Education Task Force and Historic Preservation Commission.
Staff Member Carstens reviewed the changes. She noted the Historic Preservation
Commission is not a quasi - judicial body and explained some of the recommended
Minutes — Historic Preservation Commission
June 20, 2013
Page 2
language changes reflect this. Staff Member Quann reviewed the benefits of not being
a quasi - judicial body, stating the determination is better suited for the duties and
capacities of the Historic Preservation Commission.
Staff and the Commission reviewed the changes for each section of the Historic
Preservation Ordinance. Staff explained each description references the corresponding
attachment and summarizes the affect of the amendment.
The Commission reviewed Attachment A. By consensus, the Commission agreed with
the recommended changes.
The Commission next reviewed Attachment B. The Commission noted a typing error in
the first sentence of page 5, explaining the word "at" should be replaced with the word
"of."
The Commission reviewed Letters D and M and discussed at length the definition of
"reasonable economic return ". The Commission expressed concern that the definition
as proposed implies a property owner is entitled to earn a profit on a building,
regardless of whether they've made a poor business choices in purchasing a building.
The Commission noted that a building does not need to be torn down because it does
not satisfy a property owner's preferred use, highest and best use, or it cannot realize
the profit desired by the owner. Commissioners noted it is not the responsibility of the
City of Dubuque, the Historic Preservation Commission, or staff to bail property owners
out of bad business decisions.
The Commission also discussed whether the Commission should consider if a building
can be occupied as a criteria or standard for a reasonable economic return. The
Commission and staff discussed the difference in the City's legal definition of
occupancy versus the generally implied term. The Commission expressed concern that
bringing a building up to Code to the point which it can be occupied is an unnecessary
standard to apply. Commissioners noted the goal in reviewing some of these buildings
is to stabilize and preserve them until such a time that they can be rehabilitated. The
Commission noted there are many buildings in the city of Dubuque that are not
physically occupied by people or a business that contribute to the character and feel of
the block, neighborhood and downtown. The Commission added there are also a
number of buildings in the city of Dubuque that are historically and architecturally
significant that are only used to store goods or equipment associated with a
businesses. The Commission noted these buildings are also important and could be
adapted for other uses and worthy of preservation.
The Commission and staff discussed whether the sale of a property, regardless of the
amount of money involved, can constitute as a reasonable economic return. The
Commission stated case law supports the idea that selling a property, regardless of the
amount, is a reasonable economic return. Staff Member Carstens explained that while
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June 20, 2013
Page 3
federal case law is important, it is more important that there be case law in Iowa which
supports it. Staff Member Quann stated she has been researching case law in Iowa
and has not found any anything which supports or does not support the sale of property
constituting a reasonable economic return. The Commission reiterated including the
sale of property as a reasonable economic return is critical to reviewing demolition
permits and preserving historic buildings. The Commission noted that not having this
language has contributed to the unnecessary loss of a number of historic buildings. The
Commission recommended staff reach out to the National Trust for Historic
Preservation legal staff for assistance in determining whether selling a property is a
reasonable economic return. Commissioners noted they have attended presentations
by the National Trust on economic hardship which supports the issue. The
Commission noted the National Trust staff would be happy to help with research on the
matter. The Commission and staff agreed to continue researching and defining
reasonable economic return while moving forward with the other recommended
changed.
The Commission noted a space is needed between letters C and D on page 7 of
Attachment B.
The Commission reviewed Attachment C. The Commission suggested No. 2, C on
page 3 read, "estimated market value of the property in its current condition; after
completion of the proposed construction or alteration; and after any changes
recommended by the Commission." The Commission agreed with deleting letter D on
page 3. By consensus, the Commission agreed with the proposed changes as
amended.
The Commission next discussed Attachment D. By consensus the Commission agreed
with the proposed changes.
The Commission next discussed Attachment E. The Commission suggested striking
the word, "for" from line 2 of the first paragraph on page 9. By consensus the
Commission agreed with the proposed changes as amended.
The Commission and staff discussed the process for demolition based on whether or
not a property has been determined significant or not. Staff noted the importance of
having clear and consistent evaluation criteria which is why the survey and evaluation
projects undertaken by the City of Dubuque is critical to making preservation decisions.
Commissioners noted in some instances, buildings that were once non - contributing
have benefited from investment and rehabilitation and would be considered
contributing. Staff Member Carstens noted this also supports the need to update
existing surveys and National Register nominations.
The Commission and staff discussed identifying properties that have benefited from
City funding to evaluate whether once non - contributing buildings are now contributing.
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June 20, 2013
Page 4
Staff Member Carstens noted the inventory of Section 106 Reviews could be cross -
referenced with survey areas and the Planning Services intern could look into this.
Motion by Krueger, seconded by Schlarman, to recommend the proposed amendments
to the Historic Preservation Ordinance to the City Manager and City Council and have
Legal Services staff check with the National Trust for Historic Preservation legal staff to
determine whether case law supports the sale of a property as constituting a
reasonable economic return.
Motion carried by the following vote: Aye — Klavitter, McDonell, Whalen, Schlarman,
Olson, Bichell, Monk and Krueger; Nay — None.
ITEMS FROM STAFF:
No July Meeting: Staff Member Carstens explained that scheduling conflicts would
make a meeting in July difficult. By consensus the Commission agreed to cancel the
July Historic Preservation Commission regular meeting.
Election of Officers: Staff reviewed the term limits, powers and duties, and
expectations of the Chairperson and Vice Chairperson.
Chairperson Klavitter nominated Commissioner Bob McDonell as chairperson, noting
Commissioner McDonell's outstanding commitment to preservation in Dubuque as
exemplified by his efforts with the Historic Preservation Ordinance update. Motion
seconded by Olson. Motion carried by the following vote: Aye — Klavitter, Whalen,
Schlarman, Olson, Bichell, Monk and Krueger; Nay — None; Abstain - McDonell.
Commissioner McDonell expressed his appreciation for the Historic Preservation
Commission and City Staff.
Vice Chairperson McDonell nominated Chairperson David Klavitter as Vice -
Chairperson. Chairperson Klavitter respectfully declined, noting he feels it is important
to promote additional leadership within a commission.
Chairperson Klavitter nominated Commissioner Olson to serve as Vice - Chairperson.
Commission Olson respectfully declined, noting she has served in both officer positions
and her schedule would prohibit serving in this capacity again.
Chairperson Klavitter nominated Commissioner Schlarman as Vice - Chairperson. Staff
Member Johnson clarified the role and responsibility of the Vice - Chairperson.
Commissioner Schlarman accepted the nomination. Motion was seconded by Olson.
Motion carried by the following vote: Aye — Klavitter, McDonell, Whalen, Olson, Bichell,
Monk and Krueger; Nay — None; Abstain — Schlarman.
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June 20, 2013
Page 5
Registration and Survey Program: Chairperson Klavitter noted the Historic Preservation
Commission and Education Task Force have been discussing initiating a survey and
registration program for the City of Dubuque Historic Preservation Program. Staff
reviewed the role of the Commission is to conduct the surveys and encourage
nominating potential historic properties and districts to the National Register of Historic
Places. Staff noted the City has surveyed many properties which have yielded critical
information necessary for the Preservation Program as well as facilitating Historic Tax
Credit projects. Staff reviewed the importance of historic and architectural surveys as
well as registering properties on the National Register of Historic Places. Staff noted
the surveys are the foundation for the City's preservation program and preserving and
enhancing the City's historic building stock are key components to Dubuque's
sustainability efforts and economic vitality.
Staff Member Johnson explained the State Historic Preservation Office has recently
communicated that they would like the City to begin updating existing surveys and
registering eligible districts previously identified. He explained the State Historic
Preservation Office has expressed frustration with past survey projects throughout the
state that have not resulted in National Register nominations. He noted grant
requirements today require nominations be prepared as part of any survey projects,
whereas that was not the case in the past. He also explained that Dubuque has
experienced a drop in State assistance for surveying resources. He explained some of
this is attributed to the City's past success, and the state's focus on funding start -up
certified local governments. He explained Dubuque is oftentimes the state's standard
for preservation programs and ironically our success has become a limiting
consideration when competing with communities with less developed preservation
programs. He explained State Historic Preservation Office staff has verbally
communicated these reasons to him.
The Commission discussed the registration and survey priorities recommended by staff
and the Education Task Force. Staff clarified the location of some potential survey
areas and eligible National Register districts. Commissioner Schlarman noted her
background in history and architecture, and offered to prepare the National Register
nomination for Eagle Point Park at no cost to the City. The Commission was extremely
supportive and appreciative of the generous offer and discussed using the services to
leverage additional funding.
Staff Member Johnson noted the suggested priorities depicted should also include the
National Landmark Nomination for the Shot Tower. He explained the priorities are
based on potential impacts and reflect the suggestions of the State Historic
Preservation Office. Staff noted by accomplishing these goals, Dubuque will hopefully
become more competitive for future funding. Staff Member Carstens noted National
Register nominations have the benefit of providing incentives without added regulation.
Staff Member Johnson explained they provide the information needed to make
preservation decisions. He stated they define boundaries that can be used for future
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June 20, 2013
Page 6
consideration for local registration projects. Staff Member Carstens explained that
often, National Register districts are a stepping stone towards local registration.
The Commission reviewed the registration and survey program, and expressed support
for the effort. They felt the projects identified are certainly worthy of recognition and will
serve to better these neighborhoods and facilitate investment.
Motion by Olson, seconded by Bichell, to communicate to City Council that the Historic
Preservation Commission and Education Task Force recommend City Council support
the Registration and Survey Program as it will further neighborhood revitalization,
sustainability efforts, and community investment, and will help the Dubuque community
to realize its full potential, and ask the City Council consider the initiative at their goals
setting session. Motion carried by the following vote: Aye — Klavitter, McDonell,
Whalen, Schlarman, Olson, Bichell, Monk and Krueger; Nay — None.
Design Guidelines Update: Staff Member Johnson noted this will be a verbal update
offered at every regular Commission meeting until the conclusion of the project. He
explained the consultant is close to finishing a draft outline for the updated guidelines
manual. He noted once it is finished, it will be presented to the Technical Committee
for their review and comment. He explained when the outline is finalized, the consultant
will begin developing the draft document.
Building Services Historic Preservation Enforcement Update: Staff Member Johnson
noted the updates are indicated in bold.
Commissioner Bichell asked about the property at 346 -348 West Locust Street, and the
City's plans for the area. Staff reported the property has been sold or is in the process
of being sold. Staff explained the area is a priority for the City, and plans are in place.
However, staff does not have any specific details.
Commissioners discussed the report and several properties in detail. The Commission
expressed appreciation for receiving the report, and noted properties have not recently
been added. The Commission explained enforcement is now being initiated
independently through the Citizen Support Center.
ADJOURNMENT: The meeting adjourned at 7:45 p.m.
Respectfully submitted,
Laura Carstens, Planning Services Manager Adopted