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Minutes_Historic Preservation Commssion 7 20 13Masterpiece on the Mississippi Dubuque hariti 1111► 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 Minutes — Historic Preservation Commission 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. Minutes — Historic Preservation Commission 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. Minutes — Historic Preservation Commission 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 Minutes — Historic Preservation Commission 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