FEBRUARY 20, 2008

The Muscatine Historic Preservation Commission met in regular session on

Wednesday, February 20, 2008 at 5:15 p.m. in the lower level conference room at the

Muscatine City Hall, 215 Sycamore. Members present included Jerry Lange, Devin

Pettit, Dan Clark, Mary Anne Kessler and Jane Reischauer. Others present included

Planning, Zoning and Building Safety Director Steve Boka and Charles Potter, press.

Staff present included Jim Rudisill.

The consent agenda, including the distributed agenda, the minutes of the regular

January 16, 2008 meeting and the January 16 West Hill Public Hearing minutes, were

reviewed. Kessler requested the word “endangered” in the last paragraph on the first page

of the regular meeting minutes be deleted. Pettit also reported that a comment on brick

streets, which was attributed to Mike Miller in the next to last paragraph on page one of

the West Hill Public Hearing minutes, was actually made by Judd Anderson. Following

the review, Lange moved to approve the consent agenda, with the corrections; Kessler

seconded; motion passed, all ayes.

The commission’s first item was a discussion with Boka over several historic

preservation issues in the community. Pettit identified three specific matters he wanted to

address: moving away from the 1977 survey as the primary guide for identifying historic

buildings in the community; discussion on the commission’s proposed Muscatine’s

Endangered Historic Buildings List; and review of Boka’s efforts to develop a nuisance

ordinance and its possible effects on the community’s historic resources.

Pettit said the primary reasons he favors dropping the 1977 survey book as a

guide are because of inaccuracies and lack of detail. He explained the survey had only

amounted to a “windshield survey”. On the other hand, the downtown and West Hill

surveys that were completed by the commission were more complete and accurate and

provide a better resource guide for the city, he added.

Boka agreed the newer surveys provided more and better information than the

1977 survey, which he said the council and staff had referenced only when necessary and

as the “best available information”. With the development of the newer surveys, Boka

agreed they should take precedence over the 1977 or other earlier surveys as a historic

information resource. He said the surveys should be reviewed in a “pecking order”

sequence with the most recent surveys being consulted first.

Pettit asked if there was any need to go to the council to formalize that process.

Boka said that would be a commission decision, but as an alternative, the commission

could directly work with the staff to assure the most recent survey information is utilized.

Clark asked if the 1977 survey had been used by the city to develop the

community’s baseline of historic resources when it submitted its Certified Local

Government (CLG) application.

Pettit and Rudisill said the 1974 Susan Appel report had apparently been used for

that purpose.

Boka and the commission then discussed the Muscatine Endangered Historic

Building List and the city’s Top Ten Demolition List. Boka said he was unsure how the

commission intended to use its list, but he felt the lists addressed two separate issues. He

explained the Top Ten List had been developed as a tool to create a final push to

convince property owners to repair their buildings.

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February 20, 2008

Page 2

Boka said when a building is placed on the Top Ten List it does not mean

demolition is imminent. There have been several cycles of the list since it was created,

but only a few buildings have actually been demolished.

It’s an effort to “wake up the owners,” Boka explained, adding some buildings

that are not on a list initially, might be added – and eventually rise to the top of the list –

depending on issues that develop after that list cycle is developed.

Boka also said the city attempts to develop a restoration plan for buildings placed

on the list, either with the current owner or through an interested third party. As long as

progress on that plan is satisfactory, the city would not seek any demolition, he said.

Pettit acknowledged some buildings on the MHPC’s Endangered Historic

Building List could eventually be placed on the city’s Top Ten Demolition List –

possibly two or three are currently in that position.

The council and Boka next discussed his efforts to recover city expenses

associated with maintaining abandoned or dilapidated properties within the city; and the

possibility of the city acquiring title to any of those properties that would have historic

significance.

Boka said he was working to develop an ordinance that would identify some

abandoned or dilapidated properties as nuisances. The ordinance would include a process

for the city to take title and transfer those properties to a third party. That group could

then rehab the properties and eventually sell them to a private owner. This process would

return properties to the tax roles and also allow the city to recoup costs it has assessed

against the property for mowing, shoveling sidewalks and other maintenance activities.

Under the current system, those properties where taxes have not been paid can be

sold by the county and the city is out its expenses. While the proposed nuisance

ordinance is developed, Boka said he has asked the county to delay the sale of any

properties on which the city has a lien attached.

Kessler asked if the city could force a sale of historic properties to someone who

would rehab the property.

Boka said a legal opinion would be needed to answer that question. He also

pointed out the state was currently reviewing its eminent domain process and new

restrictions or other processes could affect the current status. He felt the city did have the

right to enforce building codes under the current nuisance ordinance.

Pettit asked if a proposal by Michael Maharry, president of the Friends of

Muscatine Historic Preservation, to create a city program that used false threats to force

property owners to comply with historic preservation or other rehabilitation efforts,

would be feasible. Boka said he was reluctant to create a program that might not be

followed through with.

In response to a question from Pettit, Boka said the status of two historic

buildings currently on the Top Ten Demolition List was either still pending or

satisfactory. He said the owner of the Dunker Church property had made sufficient

improvement in the building, although additional work was still needed. The council had

directed Boka to delay any action on the other building.

Pettit also asked about 501 W. Fourth. Boka said the owner appears to have good

intentions, but is failing to follow through with those plans. That property might be a

good parcel to try and get a third party involved, Boka agreed. Clark however pointed out

that in a similar situation, an owner decided against negotiations after a third party began

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February 20, 2008

Page 3

showing interest, apparently because the owner felt the increased interest could generate

a higher selling price.

The commission continued to discuss the Endangered Buildings List after Boka

left the meeting. Clark asked if the list should target endangered buildings or any historic

resource. Reischauer explained she had included the Henry Zeidler house at 703 Chestnut

in her list because successive owners have gradually reduced its architectural features.

Although the house is not in any danger of demolition, the loss of the architectural

features has reduced its historic significance, she explained.

The commission then reviewed the West Hill Historic District nomination.

Rudisill said McCarley had reported the comments of the review committee dealt with

typographical or other minor grammar or spelling errors that she would be correcting.

The application will then be submitted to the National Park Service and the listing should

be approved in April or May.

The Mulberry Avenue survey work was then discussed. Kessler reported she had

information on all 18 homes and commitments from three of the owners for their

abstracts or other information. Reischauer requested a copy of a sample report to review

and reported she had started her ownership research. Pettit said he had completed three

reports, but had not made any recent progress. He told commissioners that he had a list of

building permits issued earlier that might help identify construction dates for some of the

properties. Pettit also suggested the commissioners accept any offers of help that are

made by homeowners or other interested individuals.

Pettit and Rudisill then provided a short update on the 2007 Annual Report.

Rudisill said the state report had been filed, but a federal document was still being

developed. Pettit said that document would update the number of historic buildings in the

community. Since the Appel survey was used to establish the original baseline, it needed

to be upgraded because of the more recent survey work. Pettit said he was reviewing the

both earlier surveys to determine the number of buildings listed in them that were not part

of the more recent survey work. He was also determining the number of demolished or

altered buildings that should be removed. Other commissioners indicated they would also

check in areas where Pettit was unfamiliar.

The next item discussed was the joint historic preservation month activities with

the Friends of Muscatine Historic Preservation. Pettit said the presentation of awards

would be made on May 3, with a tour of homes scheduled for May 4. Several building

renovations have been identified for possible recognition. These include the Shamrock

Hall (128 W. Second – Robert Martin) – façade renovation; Clark-Blackwell House (206

Cherry – Roy J. Carver III – copper gutter restoration); John & Susanne Sterneman

House (207 Broadway – Michael Maharry & Shelly Mckillip – general restoration); Peter

Musser House (501 E. Mississippi Drive – Scott & Anne Lesnet – copper flashing,

simulated slate roof and general restoration); Greenwood Cemetery (1814 Lucas – City of

Muscatine, Mayor Richard W. O’Brien – gravestone restoration); Hubble’s (214 E.

Second – David & Linda Bird – interior renovation; “Park Avenue Meat Market” (1518

E. Fifth – David Armstrong – general renovation; “Fred Heerd House ? (116 W. Eighth –

Michael Tompkins – general renovation/restoration).

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Page 4

In addition to these building or site restorations, the commission also discussed

recognizing the historic preservation efforts of John Stevens and his late wife Lorraine

with a Lifetime Award.

Reischauer also reported the Friends were continuing to discuss procedures for

the public to make nominations. Kessler said Maharry would try to put something on the

community page. Clark and Kessler will also schedule time for Kessler to be a guest on

Clark’s weekly radio show.

The commission also requested Rudisill to search the commission’s archives for

any records identifying previous historic preservation award winners.

Pettit next reported on a possible joint meeting of the MHPC and the Louisa

County Historic Preservation Commission. Frank Best, a member of the Louisa County

group had suggested possibly holding an informal dinner meeting to discuss joint

training/education programming or other efforts. A spring meeting had been suggested.

Pettit also reported that Maharry had expressed interest in a joint meeting with the

Iowa City group to discuss activities.

There were no specific committee reports, although Rudisill provided the

commission with a flyer on light pole banners. Boka had suggested the commission might

want to consider historic district banners for the downtown.

Kessler also asked for clarification on what she should be doing to document

historic buildings scheduled for demolition or facing other major alterations. Pettit said

the committee should definitely be documenting demolitions. He also suggested the

committee should begin documenting 501 W. 4

th

and 601 E. 6

th

.

In other business, Rudisill presented two Section 106 public notices, seeking any

public comment on two projects. One is installation of a cell phone tower on Cedar

Street, near the Grace Lutheran Church; and the second a renovation of the Muscatine

Solid Waste Plant. Commission members agreed that neither appeared to affect any

significant historic properties.

The meeting then adjourned at 6:55 p.m.

Respectfully submitted,

__________________________

Chair