IOWA CITY — The Dubuque Street cottages that have been subject to public debate — which has boiled down to property rights versus historic preservation — for the last several months will not be receiving historic landmark status.

On Monday night the Iowa City Council voted 4-3 (with councilors Kingsley Botchway, Jim Throgmorton and Rick Dobyns voting in support) to deny Friends of Historic Preservation’s application to establish the buildings at 608 and 610 S. Dubuque St. as historic landmarks. The vote followed nearly two hours of public comment and council discussion on the two remaining buildings.

"This was a very difficult topic, it has engulfed the community, we have had so much input and emotions on both sides," Mayor Matt Hayek said. "I think these cottages are worthy of historic preservation, but I don't think that means we should force preservation under these circumstances."

With property owner Ted Pacha opposed to Friends of Historic Preservation’s application, the resolution needed a 6-1 supermajority vote to pass.

Before the vote, the council held a special consult with the Planning and Zoning Commission, who unanimously voted to recommend the landmark status. The city’s Historic Preservation Commission also recommended the application and Preservation Iowa, a statewide historic preservation organization, added the buildings to the organization's “Iowa’s Most Endangered Properties” list earlier this year.

During the consult, members of the Planning and Zoning Commission defended their vote to preserve the buildings.

"We’re a creative community, something better can occur there, that’s what I believe," Commission Chair Ann Freerks said. "I just think there’s so much more potential here and it’s up to us to help guide it."

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In a related storyline, local attorney Rockne Cole, who is representing tenants Will Ingles, of 608 S. Dubuque St. and Susan Hultman, 610 S. Dubuque St., said discussions are still taking place for a possible settlement on Hultman’s lease, which currently runs through July 31.

Ingles and Pacha reached a settlement last month and The Book Shop will close March 15.

As far as the denial of the historic landmark application, Cole said he doesn’t anticipate taking any legal action, but rather that a focus will be placed on the Iowa City comprehensive plan to see what other buildings might find themselves caught between historic preservation and community development.

“I think the next step is that of the community really focusing in on that and sending letters to the council,” he said.” In this specific case I don’t think (the council has) made their case at all to ignore the comprehensive plan as they have.”

Before Monday's vote, several members of the council gave fair warning that the underlying issue that led to much of the cottage debate — Riverfront Crossings District zoning and how it relates to historic preservation — will be an ongoing issue that the city and public need to address.

"We need to seriously look at our plans, our goals, and our visions," Botchway said after the vote.

Throgmorton echoed those sentiments, adding that efforts need to be made to avoid future situations similar to that of the last several months of cottage discussion.

"Regardless of how we vote tonight, the underlying problem is going to remain," he said. "Our shared lives together are going to be worse unless we come up with mutually satisfactory solution."