Loading...
HPC District Rep MembershipTHC cmr oa DLTB UE Masterpiece on the Mississippi MEMORANDUM May 15, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Historic Preservation Commission Membership -- Temporary District Representatives Planning Services Manager Laura Carstens is recommending approval of an amendment to the Historic Preservation Ordinance for temporary district representatives to serve as members of the Historic Preservation Commission (HPC). This will allow the City Council to temporarily fill vacant historic district seats until such time that a resident volunteer can be appointed. This addresses the HPC's concern of having a quorum at its meetings and it addresses the State Historical Society of Iowa's concern with compliance with the Iowa Code. I concur with the recommendation and respectfully request Mayor and City Council approval. V ~ fi Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager 'T'f~f~ C;l'I`Y ux I~U~ ,~ ~ MEMORANDUM t'~~$~f.?!~~1if:L'L't17t ~r1Gyt~~i~~1~Sill~i May 14, 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Menager RE: HPC Membership -- Temporary District Representatives Introduction This memorandum transmits comments from the State Historical Society of Iowa regarding a proposed amendment to the Historic Preservation Ordinance for temporary district representatives to serve as members of the Historic Preservation Commission (HPC). Background The Historic Preservation Ordinance (Chapter 25) requires one resident from each designated historic preservation district and four at large members serve on the HPC. The ordinance also sets forth that the HPC serves as a design review body for work in historic districts to determine compliance with established design guidelines. The HPC is required to act on applications for certificates of appropriateness and demolition permits within sixty days from the date of the filing of the application. Failure to do so is deemed to constitute approval. The HPC discussed the difficulty in finding a Commission representative for the Old Main District. The HPC 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 HPC felt that allowing a property owner or business owner to temporarily serve on the Commission would ensure the opportunity for the HPC to carry out the powers and duties outlined in the Historic Preservation Ordinance. Having a temporary member would help the HPC achieve a quorum at its meetings. Discussion A draft amendment to the Historic Preservation Ordinance to allow for temporary district representatives to serve as members of the HPC until such a time a resident volunteer can be appointed was presented to the City Council on April 2, 2007. The amendment then was submitted to the State Historical Society of Iowa (SHSI) for review and comment. Background information on the amendment submitted for the City Council's April 2 meeting is enclosed. The SHSI had some questions regarding the amendment and whether it would comply with the Iowa Code Section 303.34 subsection 3 (enclosed), which states: "The HPC Membership -- Temporary District Representatives Page 2 of 2 members of the commission shall be appointed with due regard to proper representation of residents and property owners of the city and their relevant fields of knowledge including but not limited to history, urban planning, architecture, archaeology, law, and sociology. At least one resident of each designated area of historical significance shall be appointed to the commission." Assistant City Attorney James O'Brien reviewed the initial comments of the SHSI, and revised the amendment to address their questions about the Iowa Code. The amendment would increase the HPC membership to ten, but the tenth member would be a temporary position. The maximum number of people actually serving on the HPC at one time would be nine. The City Council would appoint the tenth member when a vacancy occurs in a historic district representative when there is no application from a qualified resident. This appointment would be temporary. Upon appointment of a qualified resident to the vacancy, the temporary appointment would terminate. The revised amendment is enclosed. Recommendation The State Historical Society of Iowa supports the revised amendment to the Historic Preservation Ordinance for temporary district representatives to serve as members of the HPC. This would allow the City Council to temporarily fill vacant historic district seats until such a time that a resident volunteer can be appointed. The Planning Services staff supports the revised amendment because it addresses the HPC's concern of having a quorum at its meetings, and it addresses the SHSI's concern with compliance with the Iowa Code. Action Step The requested action step is for the City Council to approve the revised amendment to the Historic Preservation Ordinance for temporary district representatives toserve as members of the HPC. Enclosures cc: James O'Brien, Assistant City Attorney Christine Olson, Chair, Historic Preservation Commission Prepared by: James A O'Brien Address: City Hall. 50 W. 13th St. Telephone: 589-4210 Returned to: Jeanne Schneider, CfirClerk Address: City Hall. 90 W. 13th St. Telephone: 589-4120 ORDINANCE N0.28-07 AN ORDINANCE AMENDING CHAPTER 25 (HISTORIC PRESERVATION) OF TH£ CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SUBSECTIONS 25- 3(a) AND 25-3(b) TO INCREASE THE MEMBERSHIP FROM NINE TO 7EN AND TO ALLOW A MEMBER TO BE TEMPORAf~ILY APPOINTED TO SERVE, DURING A VACANCY IN A SEAT THAT MUST BE FILLED BY A RESIDENT, UNTIL SUCH TIME AS 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 a vacant seat on the Commission which seat requires that the appointee be a resident of the district; and Whereas, the Historic Preservation Commission has found #hat 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 increase the membership from nine to ten and #o allow a member to be temporarily appointed to serve, during a vacancy in a seat that must be filled ~ey a resident, until such time as a qualified resident can be appointed; and Whereas, the City Council concurs with the recommendation to increase the membership from nine to ten and to allow a member to be temporarily appointed to serve, during a vacancy in a seat that must be filled by a resident, until such time as a qualified resident can be appointed. NOW, THEREFORE, BE IT OfitDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ©RDIiVANC~ fVO. _-07 Page 2 Section 1. Section 25-3(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: a) The his#oric preservation commission is hereby .established and shall consist of ten (10) members who shall be residents of the city. Section 2. Section 25-3(b) of the City of Dubuque Code of Ordinances is hereby amended by adding the following additional language: 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 shall appoint a tenth member. This appoin#rnent shall be #emporary. Upon appointment of a qualified resident to the vacancy, the temporary appointment shall terminate. Section 3. This ordinance shall take effect immedia#ely upon publication, as provided by law. Passed, approved and adopted this 21st day of May ,2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Asst. City Clerk STATE Hisroxic~u. IOWA f A Dlvtston of the Iowa Department of Cultural Affairs May 10, 2007 Ms.. Laura Carstens Planning Services Manages City of Dubuque City Hall 50 West 13~' Street Dubuque, Iowa 52001-4864 Dead Ms. Carstens: Ihank you for providing our office with a copy of your proposed ordinance amendment (version dated 4/26/0'n which has been drafted to address the challenges you have encountered in finding residents in the Old Main District to serve on the historic preservation commission. the revised ordinance appears to be compatible with the Iowa Code with respect to the residency requirement.. We hope that it will help to alleviate difficulties you have experienced maintaining an effective commission,. Ihank you again for giving us the opportunity to comment on this. Sincerely, Paula A .Mohr enclosure 600 EAST LACUSI SIREEi, Dias ivio~ES: IA 50319-0290 P: (515) 281-6826; LbfAIL: PAULA J10FIli(R~IOW.~.GOV 303.34 AREAS OF HISTORICAL SIGNIFICANCE. The provisions of sections 303.20 to 303.33 do not apply within the limits of a city. However, in order for a city to designate an area which is deemed to merit preservation as an area of historical significance, the following shall apply: 1. An area of historical significance shall be proposed by the governing body of the city on its own motion or upon the receipt by the governing body of a petition signed by residents of the city. The city shall submit a description of the proposed area of historical significance or the petition describing the proposed area, if the proposed area is a result of the receipt of a petition, to the historical division which shall determine if the proposed area meets the criteria in subsection 2 and may make recommendations concerning the proposed area. Any recommendations made by the division shall be made available by the city to the public for viewing during normal working hours at a city government place of public access. 2. A city shall not designate an area as an area of historical significance unless it contains contiguous pieces of property under diverse ownership which meets the criteria specified in section 303.20, subsection 1, paragraphs "a" to "f'. 3. A city may provide by ordinance for the establishment of a commission to deal with matters involving areas of historical significance but shall provide by ordinance for such commission upon the enactment of the ordinance designating an area as an area of historical significance as required in subsection 4. Upon the establishment of the commission the city shall provide by ordinance for the method of appointment, the number, and terms, of members of the commission and for the duties and powers of the commission. The commission shall contain not less than three members. The members of the commission shall be appointed with due regard to proper representation of residents and property owners of the city and their relevant fields of knowledge including but not limited to history, urban planning, architecture, archaeology, law, and sociology. At least one resident of each designated area of historical significance shall be appointed to the commission. Cities with a population of more than fifty thousand shall not appoint more than one-third of the members to the commission of an area of historical significance that are members of a city zoning commission appointed pursuant to chapter 414. The commission shall have the power to approve or deny applications for proposed alterations to exterior features within an area designated as an area of historical significance. An aggrieved party may appeal the commission's action to the governing body of the city. If not satisfied by the decision of the governing body, the party may appeal within sixty days of the governing body's decision to the district court for the county in which the designated area is located. On appeal the governing body or the district court as the case may be shall consider whether the commission has exercised its powers and followed the guidelines established by the law and ordinance, and whether the commission's action was patently arbitrary or capricious. 4. An area shall be designated an area of historical significance upon enactment of an ordinance of the city. Before the ordinance or an amendment to it is enacted, the governing body of the city shall submit the ordinance or amendment to the historical division for its review and recommendations. . ~ ~~+ y cov~c~t, a~PRc~~E,o SvP~~mLT~A-tom -ra s~}S~ ~--U oc~ - oz - o~ ,~ Planning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuq ue.org THE CTI'Y OF DUB E 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 serve on the HPC. The ordinance also sets forth that the HPC serves as a design review body for work in historic districts to determine compliance with established design guidelines. The Commission is required to act on applications for certificates of appropriateness and demolition permits within sixty days from the date of the filing of the application. Failure to do so is deemed to constitute approval. 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, 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. Citv 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. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk