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HPC Membership Temp District RepsPlanning Services Department THE CITY OF City Hall 50 West 13 Street ~ ~ Dubuque, IA 52001-4864 ~ (563) 589-4210 phone (563) 589-4221 fax ~ G%~ ~~~~ (563) 690-6678 TDD planningQcityof dubuque.org March 23, 2007 The Honorable Mayor and City Council Members City of Dubuque City Hall-50 W. 13th Street Dubuque, IA 52001 RE: HPC Membership -- Temporary District Representatives Dear Mayor and City Council Members: Introduction The Historic Preservation Commission (HPC) has discussed a proposed amendment to the Historic Preservation Ordinance which would allow property owners or business owners to temporarily represent vacant historic district seats until such a time that a resident volunteer can be appointed. Background The Historic Preservation Ordinance requires one resident from each designated historic preservation district and four at large members s ordinance also sets forth that the HPC serves as a design historic districts to determine compliance with established Commission is required to act on applications for certificate demolition permits within sixty days from the date of the Failure to do so is deemed to constitute approval. erve on the HPC. The review body for work in design guidelines. The s of appropriateness and filing of the application. Discussion The Commission discussed the difficulty in finding a Commission representative for the Old Main District. The Commission identified the predominantly commercial nature of the district as a perpetual obstacle in finding an Old Main District resident to serve on the Commission. The Commission felt that allowing a property owner or business owner to temporarily serve on the Commission would ensure the opportunity for the Commission to carry out the powers and duties outlined in the HPC ordinance. The Commission requested Planning Services Staff to draft an ordinance to amend Historic Preservation Ordinance to allow property owners or business owners to temporarily represent vacant districts seats until such a time a resident volunteer can be appointed. City Legal Staff has reviewed the proposed draft ordinance. HPC Membership -- Temporary District Representatives Page 2 Requested Action The proposed ordinance amendment should be reviewed by the State Historical Society of Iowa (SHSI) before final action by the City Council. The City Council should submit the proposed ordinance to the SHSI for review and comment at least 45 days prior to the date of final action by the City Council. Please review the enclosed draft ordinance, and then forward it to the SHSI for review and comment. SHSI comments and the proposed draft ordinance will be placed on May 21, 2007 City Council agenda for final consideration. Respectfully submitted, /~i / --' tom- v'`~ Christine Olson, Chairperson Historic Preservation Commission Enclosure cc Michael C. Van Milligen, City Manager Historic Preservation Commission Prepared by: Laura Carstens. Citv Planner Address: Citv Hall, 50 W. 13th St. Telephone: 589-4210 Returned to: Jeanne Schneider, City Clerk Address: City Hall. 50 W. 13th St. Telephone: 589-4120 ORDINANCE NO. -07 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 25-3(h) TO ALLOW OWNERS OF REAL PROPERTY AND OWNERS OF BUSINESSES IN THE DISTRICT TO BE TEMPORARILY APPOINTED TO VACANT DISTRICT SEATS UNTIL SUCH A TIME A QUALIFIED RESIDENT CAN BE APPOINTED. Whereas, the Historic Preservation Commission has experienced occasional vacancies in membership due to the absence of qualified applicant for vacant seats on the Commission which seats require that the appointee be a resident of the district: and Whereas, the Historic Preservation Commission has found that such vacancies have in some instances reduced the effectiveness of the Commission; and Whereas, the Historic Preservation Commission has recommended an amendment to Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances to allow owners of real property and owners of businesses in the district to be temporarily appointed to vacant district seats until such a time a qualified resident can be appointed; and Whereas, the City Council concurs with the recommendation to allow owners of real property and owners of businesses in the district to be temporarily appointed to vacant district seats until such a time a qualified resident can be appointed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 25-3 of the City of Dubuque Code of Ordinances is hereby amended by adding the following new paragraph (h): Sec. 25-3. Historic Preservation Commission Established; Membership; Term of Office; Vacancies in Office: (h) In the event that a vacancy occurs in a seat which requires that the appointee be a resident of the district and for which there is no application from a qualified resident, the City Council may appoint a person who is an owner of real property in the district or an owner of a business in the district to the vacant seat. This appointment shall be temporary and a resident of the district may at any time apply to fill this seat. Upon appointment of a qualified resident to this seat by the City Council, the temporary appointment shall terminate. law. Section 2. This ordinance shall take effect immediately upon publication, as provided by Passed, approved and adopted this day of ,2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk