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City of Dubuque State Legislative Issues for the 2012 SessionMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Correction to City of Dubuque State Legislative Issues for the 2012 Session Consent Item #27 - December 5, 2011 DATE: December 2, 2011 Dubuque kattgi All America City 1 2007 Assistant City Manager Teri Goodmann is transmitting a correction to the City of Dubuque State Legislative Issues for the 2012 Session, Consent Item #27 on the December 5, 2011 City Council Agenda. .IA/1144 k3014:, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Teri Goodmann, Assistant City Manager SUBJECT: 411 Amendment to the 2012 State Legislative Priorities DATE: December 2, 2011 Dubuque All AmencaCity �. 2007 Please amend language for the Draft 2012 State Legislative priority document under the heading "411 contributions" in the City Council packet to read as follows: The State of Iowa shall contribute to the MFPRSI. Current law provides for employees to contribute no more than 9.4% and cities no less than 17 %. In recent years cities have been forced to increase their payment to the retirement system to 28.21% in 2006, 24.76% in 2012, 26.12% in 2013 and a projection of 30.12% in 2015. These pension contributions by the 49 cities participating in the MFPRSI are a large cost driver in city budgets and have forced and will force cities to raise property taxes to generate revenue to pay for these burdensome expenses. To provide relief to the 49 cities participating in the MFPRSI the State will contribute to the system the remaining difference after the member pays their statutorily required 9.4% and the cities pay their statutorily required 17% into the system. City Of Dubuque State Legislative Issues For The 2012 Session State Historic Tax Credits The Iowa Historic Preservation Tax Credit was passed in May 2000 to promote investment in our historic resources in communities, codified in Section 404A.4. Rehabilitation of these resources contributes to the economic viability as well as the strength of our communities. The secondary impacts of this historic tax credit on our communities are countless. The program provides a tax credit of 25% of the qualified rehabilitation expenses for qualified projects. Thus, each credit represents an investment in our community of at least four times the amount of the credit. Additional revenues are generated through increased property taxes, income taxes, and sales taxes. The cap for the program is currently set at $50 million per year. Dubuque has benefited from 20 state historic tax credit projects, more than any other city in the State of Iowa, which has added far more to our financial system than a simple single storefront project as listed above. A sample of the impact is as follows: Project New Jobs Security Building 90 Town Clock Building 60 Heartland Building 45 Platinum Building 110 Star Brewery 170 Cooper Wagon Works /Bricktown 65 German Bank 25 Roshek Building 1,300 Hotel Julien 57 Caradco 75 (estimate) Total 1,997 new permanent jobs These projects have added well over 1,997 permanent jobs to our economy, not including the construction jobs to complete the large projects. These 1,997 people would equate to a $ 85 million annual payroll. Critical workforce housing needs in the City of Dubuque make state historic tax credits and other financial incentives a top priority as the City works to promote redevelopment and reinvestment in our urban core. Requested Action: Maintain the state historic tax credit program at the current level with a goal of removing the cap on the historic preservation tax incentives. Work to ensure that the administrative rules support private sector development and best practices. 1 Smart Growth Workforce Housing Creation of the Smart Growth Workforce Housing grant program under the discretionary policy of the Iowa Finance Authority provides greater opportunity for the City of Dubuque and its partners to stabilize the community and will prioritize environmentally - sustainable development and will promote economic development. This grant program was established in the 2010 legislative session. The program needs funding appropriations to become available effective FY2012. Definition Smart Growth practices are settlement patterns that avert urban sprawl by encouraging more compact development, greater transit use, and enhanced environmental protection. Workforce housing is normally defined as housing affordable to households earning between 80 percent and 120 percent area median income (AMI). Affordable, in the housing industry, means a household pays no more than 30 percent of its annual income on housing. Smart Growth Workforce Housing is the combination of these concepts — the development of sustainable, transit - oriented housing that is affordable for our workforce. What can our workforce households afford to pay for housing? "The National Housing Act of 1937 created the public housing program... [wherein] a tenant's income could not exceed five to six times the rent; and by 1940 income limits gave way to the maximum rent standard in which rent could not exceed 20 percent of income — in practice, the same as the predecessor income limit standard. Over the decades, that percentage has risen, so that by 1981 the threshold was set at 30 percent of income. Households that spend over 30 percent of income on housing are considered cost burdened. Why the increase? Was it truly deemed a more appropriate benchmark? Or was it simply in response to an increase in housing costs and the government's inability to subsidize housing for an ever - growing number of struggling households? Using the current industry standard of spending up to 30 percent of gross income for gross housing costs (including tax, insurance, & utilities), workforce households could be expected to spend the maximum amounts indicated in the table below. Housing markets differ greatly, but we know that rents run much higher than these net rent levels in many areas; and conversely, these rents are simply unattainable in other areas like Dubuque due to lower local prevailing wages. The mortgage levels listed below would service a 30 -year mortgage valued between $83,000 and $125,000, whereas the current median sale price for homes in Dubuque is $121,800 — barely within reach for the upper end of our workforce. Workforce Households (Dubuque) Dubuque Gross Annual Income Gross Monthly Affordable Net Affordable Net Affordable Rent Mortgage Pmt. (w /o utilities) (w/o utilities, tax & insurance) Housing Cost 80 %AMI $35,700 $881 $661 $581 120 %AMI $53,520 $1,321 $991 $872 2 Over the past decade, rising housing costs have outpaced the average salary across the United States — in some areas by two- to five -fold. Many workers in urban areas have dealt with this discrepancy by living far from their downtown jobs or by living in housing they can't afford. Unfortunately, the former solution is offset by an increase in transportation costs. And what is the price we pay for the latter solution? "Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care." In fact, a full 37% of homeowners and 50% of renters today are cost burdened. Fortunately, housing costs in smaller urban and rural areas are often within closer reach for . workforce households. However, in areas where vacancy rates are low — calling for the production of new units — development of quality housing is financially impossible, as operational income on the properties is not enough to cover interest payments on the project mortgage. Low local rent levels, although beneficial for tenants, preclude developers from creating new units, despite a community's housing shortage. For this reason, many developers have turned to the LIHTC program to make their projects financially feasible, whether or not this fulfills the community's particular housing demand. Meanwhile, the recent economic downturn and housing market woes have combined to create a new class of workers, forced into the rental market because they do not qualify for a mortgage. Displaced workers with homes that won't sell, families who've had their homes foreclosed, young professionals with student loans, and households that might otherwise be able to afford mortgage payments if only they could come up with the higher requisite down payment demanded in a tight lending climate — all of these are moving into the rental market. This creates a rather sudden increase in the demand for rental residential units for households that are neither wealthy, nor are they eligible for low- income housing. The creation of affordable housing options for our workforce allows communities to attract and retain quality employers. If the only housing that developers can afford to produce is intended for low- income or wealthy households, we should not be surprised to see such a disparity in our communities' income levels. To have a healthy mix of incomes, we must have housing options available for all income levels. In addition to many communities' needs for affordable workforce housing, their efforts at being sustainable may inadvertently be counterproductive to their housing goal. A recent study from the Lincoln Institute of Land Policy shows that "the presence of a state smart growth program was the strongest predictor of increases in owner cost burden" and that "the housing cost burden for renters was consistently higher than for owners." The results of this study "indicate that smart growth programs that lack an affordable housing element have been associated with increases in housing cost burdens ". "These results, coupled with differences in program design and implementation among states, suggest that if smart growth programs are to have a positive impact on housing affordability or avert a negative impact from constraints on the land market, they must explicitly require the production of housing for low- and moderate - income households, rather than merely plan for it or ignore it completely. Simply stated, program design matters." Recommendation Fund the newly created IFA Smart Growth Workforce Housing grant program. 3 Southwest Arterial — Proiect Status Update The Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Southwest Arterial project as the No. 1 surface transportation priority in the Dubuque area. The proposed Southwest Arterial project will be a 6.1 -mile four -lane divided freeway with priority 1- access control between Highway 61/151 and Highway 20. Economic Development Dubuque is the regional economic center for the Iowa, Illinois and Wisconsin tri -state area. With local international companies such as the John Deere Dubuque Works, Nordstrom Distribution Center, McGraw -Hill Publishing Company, A.Y. McDonald Manufacturing, Flexsteel Industries, Kendall /Hunt Publishing, and the Hormel Food Corporation, it is critical to construct the Southwest Arterial as an alternate, direct route for commercial traffic through southwestern Dubuque. The Southwest Arterial project will significantly improve the efficiency and safety of the regional highway transportation network that is vital for the statewide, national and global distribution of local commerce and the continued growth and sustainability of the strong regional economy. Mobility Benefits The Southwest Arterial project will connect two growing sections of the community together and will support future anticipated expansion growth to the southwest of the City toward the Dubuque Regional Airport. The Southwest Arterial will also provide an efficient bypass around the City thereby reducing travel times and minimizing delay by reducing traffic volumes and congestion on the local street system. Environmental Benefits The Southwest Arterial project will provide an alternate, direct and efficient route for traffic through southwestern Dubuque, which will provide significant travel time savings by avoiding the numerous signalized intersections on Highway 61/151, Highway 20 and Central Avenue (Hwy 52/3) through Dubuque, thereby providing fuel energy savings, reducing vehicle emissions and improving air quality. The Southwest Arterial project will be designed and constructed with forward thinking sustainability initiative incorporated, which will include an environmentally and resource sensitive highway corridor, an integrated bike / pedestrian trail with amenities, and Intelligent Transportation System (ITS) technology. Current Status The preliminary engineering design phase is completed and the Southwest Arterial project is now proceeding with the final engineering design phase, right -of -way property acquisition and archaeological and cultural resource phase III mitigation work. Final Engineering Design In March, 2009, the City approved the selection of AECOM to complete the final engineering design phase. On August 27th, 2009, the City received official Iowa DOT; notification that the FHWA has given approval for AECOM to proceed with the final design phase. The technical design team is currently working on final engineering design elements, including: interchange layout and configuration, bridge and structures design, geotechnical subsurface 4 investigation, sustainable highway design concepts, architectural and landscape enhancement concepts, wetland delineations and mitigation. As part of the final design phase of the Southwest Arterial, the Iowa DOT and the FHWA required that a formal Value Engineering (VE) Study be conducted. The primary objective of the Study was to identify potential modifications that might decrease the construction cost or to increase the value of the project. In November, 2009, the Value Engineering Study was completed and a final report was issued. The most significant value engineering (VE) alternative under strong consideration is the proposed modifications to the Southwest Arterial / U.S. 20 / Seippel Road interchange area. These changes could include,; use of roundabouts, changes to the ramp layouts, changes to the access road layouts, eliminate the need for a cross -over bridge, and possibly eliminate the need to purchase three (3) properties along Cousins Road. The potential VE savings to incorporate these savings are in the magnitude of $5.9 million. The full extent of the potential VE savings will be evaluated and further refined as the project team proceeds into the final design phases, evaluates environmental impacts, property acquisition impacts and the City conducts public informational meetings on the proposed Southwest Arterial / U.S. 20 / Seippel Road interchange configurations under consideration. Property Acquisition In February, 2009, the City signed a joint partnership agreement between the City and the Iowa DOT to perform right -of -way property acquisition services for the Southwest Arterial Project. On September 10, 2009, the City received official Iowa DOT notification that the FHWA has given approval and authorization to proceed with right -of -way acquisition. The City and the Iowa DOT property acquisition staff are currently proceeding with right -of -way property acquisition for the 43 impacted properties. As of October 2011, the City has purchased 27 properties for a total purchase expenditure in the amount of $4.7million to date. Another 2 properties are currently in the acquisition negotiation phase. . Another 5 properties are anticipated to be released for acquisition within the next 60 days as soon as the utility easements are finalized and the acquisition appraisal updates are completed. The remaining 10 properties are temporarily on hold while the project team completes the design modifications to the Southwest Arterial / U.S. 20 / Seippel Road interchange. As part of the American Recovery and Reinvestment Act (ARRA), the City and County have committed all of the local transportation funding, $2.9 million, for the purchase of property for the Southwest Arterial. As of March 2011, all ARRA stimulus funding has been expended. Archaeological and Cultural Resource Mitigation In the summer of 2010, work began on the archaeological and cultural resource mitigation phase of the project. The City anticipates that 75% of the mitigation sites will be completed by December 2010. The remaining mitigation sites will be completed as those respective properties are acquired and prior to the start of construction. 5 Construction To maximize available funding, the City is moving forward with "fast track" phased project components to construct Southwest Arterial improvements that will provide immediate public benefits and create significant construction efficiencies for the future grading and paving of the four -lane freeway between Highway 151/61 to Highway 20. The first phase of construction began in September , 2010 with the reconstruction of North Cascade Road. The project will provide for the reconstruction (grading, paving & bridge) and realignment of North Cascade Road which will allow the Southwest Arterial to travel under the new North Cascade Road Bridge. The second construction phase, the English Mill Road reconstruction project, is scheduled for bid letting in spring of 2012 and will involve side road improvements that will allow the highway to travel under the new English Mill Road Bridge. The third construction phase, the Military Road reconstruction project is scheduled for bid letting in spring of 2012 and will involve side road improvements that allow the highway to travel under the new English Mill Road Bridge. Construction; Project Amount North Cascade Road (1st Phase) - Under Construction $ 3,000,064 English Mill Road (2 "d Phase) - Bid Sept. 2011 $ 5,093,000 Military Road (3rd Phase) - Bid Sept. 2011 $ 9,13,0000 Total Construction Costs: $ 17,223,064 In the summer of 2012, the City intends to proceed with a phased approach to begin construction of the Southwest Arterial / U.S. 20 / Seippel Road interchange. With any remaining local federal appropriations matched with the Iowa DOT's 5 -Year Highway Transportation Improvement Program funding (FY13 - $5,460,000), the City will begin grading work for the interchange development. The Iowa DOT has additional funds programmed in FY14 ($12,300,000) to complete the SW Arterial / U.S. 20 / Seippel Road interchange. Project Cost Based on current funding levels, an alternate interim phase under consideration would provide for the grading of four -lanes between Highway 151/61 to Highway 20, pave two -lane highway between Highway 151/61 to Highway 20, with interchanges at Highway 151/61 and at Highway 20. The preliminary cost projection for the interim two -lane highway is $98.3 million. The current available funding for the Southwest Arterial is $66.4 million, and is summarized as follows: Total Funding Projection Summary Status Amount Total Federal Funds Committed $ 32,805,334 Total State Funds Committed $ 17,760,000 Total Local Funds Committed $ 15,808,967 Total Federal / State / Local Funding: $ 66,374,301 6 At current funding levels, there is a $32 million funding shortfall for the Southwest Arterial to complete the interim 2 -lane highway between Highway 20 and Highway 61/151. The preliminary cost projection for the complete four -lane freeway project is $125,000,000. The Southwest Arterial project remains the No. 1 surface transportation priority in the Dubuque area and other funding strategies are being evaluated to ensure that this project continues to moves forward. Requested Action: The City requests any additional financial assistance that can be provided on the federal level, as well as any assistance that can be provided to encourage the Iowa Department of Transportation Commission to maintain support and funding for the Southwest Arterial project in their Five -Year Transportation Improvement Program. The City also requests the support of additional appropriations to reduce the current funding gap ($32 million) to complete the two -lane highway between Hwy 20 and Hwy 61/151 highway and help provide the match to allow the expenditure of federal funds. The City requests any additional financial assistance that can be provided on the federal level, as well as supporting of transferring the remaining unused Federal appropriated SAFETEA -LU funds ($20 million) from the U.S. Highway 20 / Julien Dubuque Bridge project to the Southwest Arterial. The City requests that at some point the State of Iowa redesignate the Southwest Arterial as an extension of Highway 32 (Northwest Arterial) making it a State route. State Mandates Cities are often faced with implementing mandates from the state and federal governments without receiving the necessary funds for implementation Requested Action: Enact legislation that exempts local government from providing any new service or engaging in any new activities mandated by the state if the state does not provide full funding. Property Tax The current tax structure for state and local governments is a mix of tax laws, rates and policies that do not provide for a fair and consistent tax system. The Iowa League of Cities and the Iowa State Association of Counties (ISAC) have identified key areas needing revision for a comprehensive tax reform in Iowa. They include: 1) changes to assessment and valuation procedure, 2) changes to city and county budgeting processes, 3) developing an alternative to current property tax limitations, and 4) elimination of the rollback formula and homestead exemption. Requested Action: Work with the Iowa League of Cities, the Metropolitan Coalition and ISAC to approve legislation to design a tax structure that provides tax equity and policies that are consistent with an overall direction for state and local government taxation. 7 Homestead Tax Credit Each year the City of Dubuque tries to minimize the tax asking for the average homeowner by not increasing, and in some years, decreasing the City's property tax rate. The State of Iowa has created a partially unfunded mandate through the establishment of the Homestead Tax Credit. The cost for the lack of full funding of this credit is passed on to taxpayers and diminishes the City of Dubuque's efforts to keep property tax rates low. The credit was funded by the State at 85% in 2003 -2004, 81 % in 2004 -2005, 78% in 2005 -2006 and 2007 -2008, and 73% in 2007 -2008. Homestead Credit - State should fund 100% of these credits. MFPRSI - State should fund more of their obligated percentage for their share (3.79 %) MFPRSI Employee contribution - change legislation to lift the cap from 9.4% (City contribution will rise to 30% in 3 years, employees should help with this cost) Requested Action: Reinstate full funding for the Homestead Tax Credit. Tax Increment Financing (TIF) The Iowa Code provides that cities can use TIF for certain public and private economic development purposes once an urban renewal plan is approved and an urban renewal district established. The ability to use TIF to assist private economic development projects in urban renewal districts has become a very useful financing and incentive for private investment. Requested Action: Support efforts to maintain Tax Increment Financing as an economic development financing tool. Funding of Major Transportation Projects The State of Iowa has used a strategy of allocating funds for completing the major transportation projects in the state as opposed to using a piecemeal approach. This strategy has been successful, with extensive work being completed on major corridors. The same strategy should be used for major projects in larger cities that require significant funding commitments for completing the projects in a reasonable amount of time. An example is the SW Arterial /Hwy 32. Requested Action: Support efforts to continue the strategy for funding major transportation projects throughout the state, including projects that have federal earmarks. Passenger Rail: Through the Envision 2010 process, the Citizens of Dubuque have established a Passenger Rail Committee to support and promote the return of passenger rail service from Chicago to Dubuque. There is a Memorandum of Understanding with Illinois to implement passenger rail service between the States of Iowa and Illinois. 8 Iowa Code Section 327J establishes the Passenger Rail Service Revolving Fund. Monies deposited into the fund shall be used to pay the costs associated with the initiation, operation and maintenance of passenger rail service. In FY 2010, $3 million was appropriated to the fund through I -JOBS legislation. Requested Action Support funding and required operating subsidy to return passenger rail from Chicago to Dubuque. Border Communities Incentive Program In the 2006 Iowa legislative session, House File 2731 was approved to create the Targeted Jobs Withholding Tax Credit Program. The Department of Economic Development oversees this program. The Targeted Jobs Withholding Tax Credit Program is a program for cities located adjacent to neighboring states to remain competitive in attracting new jobs. Receiving project city status for this program will make incentives available in the amount of up to three percent of the wages paid by the company on new eligible jobs. The program will only be available to four cities which have been chosen as pilot project cities. This program should be expanded to more communities that fit the qualifying characteristics. This program would keep Iowa's communities that border other states more competitive when attracting new business to the state. Requested Action: Support efforts to expand this program to allow more communities that fit the qualifying characteristics to be eligible to receive the incentive. This program would help to keep Iowa's communities that border other states more competitive when attracting new business to the state. Economic Development The role of city government in economic development is crucial. Economic activity requires roads, streets, airports, water and sanitation. New jobs necessitate more and better housing. Growing businesses seek quality of life amenities for employees and families, such as parks, recreation and libraries. Protection and safety of property and life must be assured. This can only be accomplished with the strong support of an effective city government. Successful quality of life programs need continued funding, such as Vision Iowa, REAP, CAT funds, RECAT Iowa Great Places, the Iowa Main Street program funds, and tax credits for historic preservation. Requested Action: Protect and enhance economic development tools enabling cities in Iowa to promote economic improvement throughout the state. Eminent Domain During 2006, the Legislature approved changes to the Eminent Domain Law. Included in the changes, and of particular concern, is the requirement that seventy -five percent or more of the 9 area included in the urban renewal plan must consist of property in a slum or blighted condition at the time the plan was established in order for the entire project or acquisition plan area to be subject to condemnation by the municipality. We believe that a 51% threshold is more reasonable. Furthermore, the new language provides that the project or acquisition plan area shall only include the adjacent and contiguous parcels necessary for the completion of planned activities for a specific business or housing project. This language would be limiting for downtown development projects that may be larger in scope than just the parcels that meet the definition of slum and blight. Lastly, the burden for the use of eminent domain for airport project is increased by the requirement that the Board of Supervisors must hold a public hearing and pass a resolution unless the airport improvement is FAA- required. This creates additional layers of burden on a municipality. Requested Action: Support efforts to amend sections of the Eminent Domain Law to allow for changes as proposed by the Iowa League of Cities and noted above. Fully Funding Enrich Iowa Program Enrich Iowa is a state aid program for Iowa's libraries. Until recently, Iowa was one of eight states without direct state aid to libraries. Current state funding is at $1 million statewide versus the recommended $3 million for full funding. If Enrich Iowa were fully funded, the Carnegie - Stout Public Library could realize at least $100,000 a year in state aid. Requested Action: Support efforts to increase funding for the Enrich Iowa program. Enterprise Zone Incentives The Enterprise Zone legislation was written to promote private investment in economically distressed areas of a city or county. To assist new employees of companies locating in enterprise zones, the legislation provides for employers to establish a capital fund for down payments or rental subsidies. The business funds this program through a credit from state withholding taxes, based on the wages paid to the participating employees. An amount equal to 1.5 percent of the gross wages paid by the employer is credited from the payment otherwise withheld and used to capitalize this fund. This feature of the legislation has not been utilized to date. One reason is that the credit produces so little capital for the housing assistance program. For an employee earning $10 per hour, the credit equals approximately $300. Typically, down payment assistance programs offer $5,000 to $6,000; rental subsidy programs average $2,500 to $3,000 annually. In order to make this program effective, the credit for withholding should be increased. Another option is to allow the credit to be "pooled," to be made available to all eligible employees. As the legislation currently is written, the 1.5 percent credit is made available on the basis of withholding from individual employees — for the benefit of only that employee. If the credit could be aggregated, a larger capital fund could be established, from which all employees purchasing or renting housing in the enterprise zone could access funds for their housing needs. 10 Another reason for lack of employer participation in this program is that the legislation requires the employer to choose between use of the tax credit for job training or for providing a housing assistance program. Employers to date have chosen to use the credit to pay for training new employees. Requested Action_ The legislation should be amended to provide the credit for both job training and employee housing assistance and to "pool" the funds. This will increase the tax credit and increase interest in the program by employers. Hotel and Food Establishment. License Fees In the 2006 legislative session, House Study Bill (HSB) 648 was introduced. This bill proposed increasing the hotel and food establishment license fees, bringing them in line with costs of running the program. The bill passed in 2007 increased the various food license fees by a range of 20 - 30 %. This increase will still not pay for the cost of doing risk -based inspections, as required by Iowa Code. Requested Action: Support legislation that will fully fund State mandated health inspections for Hotel and Food Establishments through increased license fees. School Food Program Inspections An amendment to Section 9(h) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1768(f)(5)) went into effect July 2005. This amendment imposes an unfunded mandate requiring at least two school food program inspections per year instead of one. Now, the City of Dubuque Health Services Department will have to inspect school food lunch programs (which actually cook food on -site vs. just serving food prepared at another site) two times per year, but will not receive any license or inspection fees for the service. The City does not believe it is necessary to inspect the school food lunch programs more than once per year based on past inspections. This unfunded mandate will add twelve inspections for a total of 5.0 annual uncompensated inspections for school lunch programs. Requested Action_ Oppose legislation for a second School Food Program inspection, and /or create a funding mechanism to cover the costs of school lunch program inspections. In addition, both the Health Services Department and the Housing and Community Development Department would like Iowa Code Section 364.12 (h) changed. Currently, a notice of violation must be sent via certified mail to a property owner if the City performs the required mitigation of the problem and assesses the cost to the property owner. We suggest that a notice be sent via regular mail to the property owner. Oftentimes, it is difficult for people to collect or pickup certified mail, particularly if they are not home at time of delivery. Certified also adds a significant cost ($2.87) to the mail of each notice. 11 411 Contributions The City of Dubuque's contribution to the retirement system for police officers and firefighters went from 19.9% of wages in Fiscal Year 2011 to 24.76% of wages in Fiscal Year 2012. Requested Action: The State of Iowa shall contribute to the MFPRSI. Current law provides for employees to contribute no more than 9.4% and cities no less than 17 %. In recent years cities have been forced to increase their payment to the retirement system to 28.21% in 2006, 24.76% in 2012, 26.12% in 2013 and a projection of 30.12% in 2015. These pension contributions by the 49 cities participating in the MFPRSI are a large cost driver in city budgets and have forced and will force cities to raise property taxes to generate revenue to pay for these burdensome expenses. To provide relief to the 49 cities participating in the MFPRSI the State will contribute to the system the remaining difference after the member pays their statutorily required 9.4% and the cities pay their statutorily required 17% into the system. 411 Subrogation Currently in Chapter 411, cities are not allowed to seek reimbursement from Third Parties for costs incurred for Police and Fire injury and illness claims. As such, a Police or Fire employee may collect against the City for an injury or illness claim and collect a second time for the same incident against a Third Party. If the employee is successful in getting payment from the Third Party, the City is currently not able to obtain reimbursement (subrogate) from the Third Party payment. Requested Action: Amend Chapter 411 to allow cities to seek reimbursement from third parties for costs incurred for Police and Fire injury and illness claims. Seasonal Employees Currently, temporary employees that accept a job that starts on a specific date and ends on a specific date are eligible to collect unemployment. For example, temporary employees hired for three or four months to mow lawns during the summer are allowed at the end of the summer to collect unemployment even though they know the job is temporary when hired. This puts a costly burden on the employer. Requested Action: Amend the unemployment law so that temporary employees are not allowed to collect unemployment. Underage and Binge Drinking Current legislation provides for a penalty to be placed upon the establishment that serves minors. However, only a simple misdemeanor penalty is placed upon the underage person attempting to purchase alcoholic beverages. This does not discourage this problem, which is particularly prevalent in college -age students. In an effort to combat underage consumption and "Binge Drinking" by our college age population, we would ask legislative consideration to 12 increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Requested Action: Pass legislation to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Eliminate "Good Moral Character" language from Iowa Code One of the criteria for the issuance of a State of Iowa liquor license is determined by "Person of Good Moral Character" as defined in State of Iowa Code 123.3 (26)(d). The State takes into consideration the local municipality's interpretation of "Person of Good Moral Character" prior to issuing a liquor license. Requested Action: Urge legislators to eliminate "good moral character" language and replace it with objective standards. Airport Infrastructure Funding At a minimum, increase funding for the highly successful Commercial Service Vertical Infrastructure program to at least $1.75M (current appropriation of $1.5M) for facility improvement projects at public- owned, public -use airports in Iowa. Requested Action: Increase funding for the Commercial Service Vertical Infrastructure program to at least $1.75M. Air Service Retention Iowa's economy depends on regular, dependable and affordable commercial air service. Keeping service is essential to the economic recovery of all corners of the state. Recommend the establishment of Air Service Retention Committee made up of a representative from the Department of Transportation's Office of Aviation, a representative from each of the state's commercial service airports, two representatives from commercial airlines serving the state and a member of the majority and minority parties in the House and Senate. The Committee shall develop a plan for the retention of current passenger airline services. . Requested Action: Establishment of an Air Service Retention Committee.. Aviation Tax Policy Iowa airports and aviation industry have requested sales and use tax policy changes to remain competitive with our neighboring states. The repeal or capping of any aviation sales and use tax exemption would severely cripple the state's airports and aviation industry. Requested Action: Maintain the aviation sales and use tax exemption. Effective Control of Wildlife Aviation Hazards 13 Deer and other animals continue to be hazards to aviation in our state. Pilots and airport managers report an alarming increase in the number of runway incursions by wild animals. Public airports should be allowed to engage in timely and appropriate depredation efforts for their facilities. Requested Action: Allow airports the use of rifles to eliminate wildlife hazards. Rebuild Iowa Provide for continuation of Rebuild Iowa Infrastructure Fund appropriations for vertical infrastructure projects at both commercial and general aviation airports. Expand Cities' Extraterritorial Jurisdiction Cities have extraterritorial jurisdiction (ETJ) for up to two miles from their corporate limits for subdivision review and approval only if the County has zoning for the rural areas. Extending the cities' ETJ to include review and approval of zoning changes would facilitate planned and managed growth. Legislation should provide incentives for governments to voluntarily plan together and identify recommended land use impact to be considered during the planning process. The League supports legislation that expands land management practices such as ETJ of cities to include review and approval of zoning changes. Requested Action_ Support legislation enabling cooperative planning and effective land management practices. Property Owners on Historic Preservation Commissions Section 303.34 of the Iowa Code requires that "At least one resident of each designated area of historical significance shall be appointed to the commission." This requirement is problematic for the City of Dubuque's Old Main Historic District, which is primarily commercial. It would be beneficial for the City in the recruitment and retention of commissioners to be able to appoint property owners to represent historic districts. Furthermore, since historic preservation regulations apply to the rehabilitation, renovation and restoration of property, allowing property owners to serve on the commission would be appropriate. Furthermore, some Iowa cities are experiencing burgeoning commissions as historic districts are designated and representatives of each district are appointed. To avoid "over- populating" a commission, allowing a majority of the districts to be represented on a historic preservation commission would be appropriate. Requested Action: Enact legislation allowing property owners to represent a majority of the historic districts on the Historic Preservation Commission. Appeal of Actions by Historic Preservation Commission Section 303.34 of the Iowa Code states that an aggrieved party may appeal the action of a historic preservation commission to the City Council, and then to district court. The City Council, like the court, has to consider whether the commission exercised its powers and followed the guidelines established by law and ordinance, and whether the commission's action 14 was "patently arbitrary and capricious." This process places the City Council in the difficult and uncomfortable position of interpreting technical guidelines and determining their appointees "arbitrary and capricious." The City Council would support an alternative process. Requested Action: Consider legislation providing an alternative appeals process regarding an action of the historic preservation commission. Ambient Air Quality Rules In July 2004 the Environmental Protection Commission set H2S limits at 30 parts per billion (ppb) with a 60 minute average. Due to the fact that this is an air quality rule, it has to affect everyone, farmers, industries and municipalities alike. This rule could have disastrous effects on wastewater plants causing cities to provide for major H2S, ammonia and other mercapton control system that are very expensive and costly to operate. Requested Action: Enact legislation that exempts local government from the 30 ppb rule. Increase REAP Funding in the Environment First Fund REAP stands for Resource Enhancement and Protection. It is a program in the State of Iowa that invests in, as its name implies, the enhancement and protection of the state's natural and cultural resources. The following four state agencies administer REAP programs: Department of Natural Resources Department of Agriculture and Land Stewardship, Division of Soil Conservation Department of Cultural Affairs, State Historical Society Department of Transportation REAP funds go into eight different programs based on percentages that are specified in state law. REAP Fund Allocation: First $350,000 each year goes to Conservation Education and 1% of balance goes for DNR Administration. The remaining balance is then divided as follows: 1) DNR Open Space 28% 2) City Parks and Open Space 15% 3) Soil and Water Enhancement 20% 4) County Conservation 20% 5) DNR Land Management 9% 6) Historical Resources 5% 7) Roadside Vegetation 3% REAP is funded from the state's Environment First Fund (Iowa gaming receipts) and from the sale of the natural resource license plate. The state legislature sets the amount of REAP funding every year, and in the recent past that level has been 12 million I . Interest from the REAP account and receipts from the sale of natural resource license plates add about $450,000 to this appropriation for a total of $12.45 million a year. In the last two years, REAP has been appropriated $15 million and $12million, compared to the 22 year average of $11.4 million. Requested Action: 15 Request that the Iowa Legislature work to increase REAP to full funding of $20 million, Assessor's Bill Property tax experts or representatives are now part of the tax appeal process. A tax representative can file an appeal for a large commercial property under a contingency basis, receiving their pay based on a percentage of the property tax savings they can achieve for their client. In many of these cases little or no money is expended by the taxpayer. The representative files a protest with the Board of Review and supplies little or no information to the Board. The Board may deny the protest but the tax representative will file a protest to either District Court or the Property Assessment Appeal Board. At this point the tax representative may produce more information or they may try to negotiate a settlement. On the assessor's side it may be very costly to hire appraisals and fight this out in Court. A single appraisal for a large Commercial or Industrial property will easily exceed $5000. Also, many appeals to the Board of Review are filed at the last minute with a statement such as information to be presented at hearing. Many appellants never provide the information or provide it very late in the Board of Review session so the Board is unable to reach a well founded conclusion. Requested Action: Request the Iowa Legislature to limit appeals to District Court and the Property Assessment Appeal Board to matters and information that were presented before the local Board of Review. Ask the Iowa Legislature to review appeal dates and Board of Review sessions to allow sufficient time for appellants to present all their information. CAP Act of 2009 (H.R. 3745). The CAP (Community Access Preservation) Act of 2009 introduced by Wisconsin Rep Tammy Baldwin recognizes the important role that Public, Educational, and Governmental (PEG) access channels play in local communities and addresses some of the concerns facing these channels. Legislation that establishes national standards for interoperable public safety standards for first responders. Legislation that preserves and extends municipal government authority to provide communications services to their constituents. Legislation that overturns the FCC cable franchise order and returns to the local franchising scheme set out in the 1984 Cable Act. Land Banking In order to return blighted and abandoned properties to productive use quickly, states have passed legislation that streamlines the tax foreclosure process by giving ownership of these tax - reverted properties to the county treasurer sooner and allowing city, county or state land banks to purchase these properties earlier in the tax foreclosure auction process. Further legislative reform in these states has redirected money collected from unpaid and delinquent property taxes toward land banks for purposes of funding the land banks and for the purchase of tax - reverted properties. The City of Dubuque will explore the formation of a land bank that would purchase tax - reverted properties through the tax foreclosure process. The land bank would maintain 16 these properties until purchase by a responsible buyer, ensuring the properties' return to productive use. Requested Action: Support the formation of a City of Dubuque Land Bank and work with the Iowa League of Cities, the Metropolitan Coalition and ISAC to approve legislation redirecting money collected from unpaid and delinquent property taxes toward the City of Dubuque Land Bank for funding and for the purchase of tax - reverted properties. Arts and Culture Background Arts and culture is a strong component of tourism, economic development and quality of life for all Iowans. Great livable communities in Iowa must support culture, arts, history, and focused community development. Investment in cultural programs improves the quality of life in Iowa and helps to attract and retain a vibrant workforce which assists in developing and promoting Iowa's economic vitality. Iowa ranks 42 "d of all states in per capita spending of $0.34 for arts and culture. The national average is $.90. States with similar populations out rank Iowa. Utah spends $1.01 (14th) Arkansas spends $.74 (25th), and Mississippi spends $.65 (27th) In 2004, the Dubuque City Council approved an Arts and Cultural Affairs Advisory Committee, $35,000 in annual project grants and established a Downtown Cultural Corridor. A $200,000 annual operating and special project support funding was established in 2005 and $300,000 in capital funds was allocated for the Art on the River public art program for ten years. Dubuque created a part time staff position of Arts and Cultural Affairs Coordinator in FY2009 with partial funding from Iowa Community Cultural Grants in FY 2009, 2010 And 2011. However, with the reduced ICCG funds available, funding was not received for FY 2012. The coordinator works closely with the Commission to promote and increase awareness and market the arts and activities and allocate budgeted funding for the arts and cultural activities. The position has enabled the Commission to develop goals and priorities, to enhance the public art program by creating standards of excellence using regional, state and national models and refining the grant process to ensure the taxpayer's money is used in the best possible manner. Although much has been accomplished, many opportunities remain to strengthen and expand Dubuque's cultural vitality. The recent designation of the Historic Millwork District plan brings integrated strategies that include design guidelines, historic preservation, community gardens, central gathering spaces, arts venues and artistic streetscapes. The City markets itself as a major tourist destination featuring world class museums, cultural opportunities, and historic architecture. Over $1.7 million visitors come to Dubuque each year, many of them Iowans who are vacationing closer to home. The Dubuque Chamber of Commerce estimates that at least two thirds of the 98,000 people in Dubuque County visit the Port of Dubuque, where the City's temporary art exhibit is held, one or more times in the course of a year. The City of Dubuque has provided more than $1. 8 million dollars in funding for the arts since the establishment of the City's Arts and Cultural Affairs Advisory Commission in 2004. The Commission has managed the City's investment, allocated among three programs: $1.4 million has been awarded through the Operating Support Grant Program; $275,000 has been awarded through the Special Projects Grant Program that has leveraged a total of $588,550 in arts 17 projects in our community, and; $120,000 has funded the Art on the River annual temporary public art exhibit at the Port of Dubuque. Not only is the City of Dubuque reliant upon Department of Cultural Affairs funding for the arts, most of the art and cultural organizations and schools in Dubuque regularly receive funding from the various grant programs offered through the Department of Cultural Affairs, The latest information from 2006 shows an economic impact of arts and cultural organizations in Dubuque of $22 million. A new economic impact study from Americans for the Arts is being conducted in 2011. Requested Action: Support programs in the Department of Cultural Affairs (Iowa Arts Council, State Historical Society of Iowa) to continue to recognize and promote Iowa's cultural heritage as key in recovery and strengthening of all Iowa communities. State funding of these programs leverages local support for arts and cultural organizations, historical organizations, educational programs, rehabilitation of historic buildings, and projects involving a variety of historic resources. These cultural activities also employ accountants, designers, contractors, union workers, etc. Specific programs to support include: • Provide specific funding for the Cultural Leadership Partners program at $250,000 and for the "Major and Mini Grants" program at $500,000 to ensure continuation of these programs without dependence on budget appropriations for the Iowa Arts Council. • Support funding for Iowa Community Cultural Grants at $300,000. • Match the federal funding of $40,000 for Big Yellow School Bus Grants with $80,000 by the state to double the required state level funding and expand program language to include all historical and cultural destinations. • Maintain funding for the Historic Site Preservation Grants in the Department of Cultural Affairs at $1 million. • Provide appropriate staff support within the Department of Cultural Affairs to provide previous levels of services to communities and citizens of Iowa through all programs and departments. Energy Efficiency & Renewable /Alternative Energy: Recently, the American Council for an Energy- Efficient Economy ranked Iowa 12th in the nation for its efforts to promote energy efficiency. Iowa scored highly in the category of building energy codes as one of only 17 states with a statewide code that meets or exceeds the latest International Energy Conservation Code standards for both residential and commercial buildings. Businesses, residents and local governments have taken advantage of existing incentive programs, but still have much work to do in order to make their new and existing buildings more energy efficient. As energy efficiency is achieved, private and public organizations as well as individuals have begun to explore a variety of alternative and renewable energy options to increase their energy independence, reduce dependence on coal and oil, reduce greenhouse gas emissions, improve the competitiveness of local business and improve public health. The City of. Dubuque and local non - profits and businesses have established a strong focus on significantly improving energy efficiency in municipal, commercial and residential buildings. The 18 City is also committed to growing the percentage of energy which comes from local renewable or alternative energy sources. . Requested Action: With the discontinuation of the Office of Energy Independence and its programs, it will be critical for all state agencies (including, but not limited to, the Department of Economic Development, Iowa Utility Board, Department of Natural Resources and Department of Administrative Services) to develop programming, funding and regulatory flexibility to support and promote the development of additional energy efficiency efforts and the adoption of renewable and alternative energy sources at the local level. Successful energy efficiency incentive programs should be continued and Iowa should explore opportunities to remain competitive with other states in offering incentives for the installation and utilization of renewable and alternative energy. Specifically, the state should consider a progressive energy policy that works with local governments and utilities to remove barriers to widespread renewable energy use. In addition, we recommend the State review its existing legislative and regulatory approaches and consider modifications that will facilitate the role of local government in creating the environment and support for local energy efficiency and renewable energy efforts. Food Residual Composting Iowa Administrative Code 567 — Chapter 105 regulates the composting of various materials, including yard waste, agricultural byproducts, garbage, dead animals, and food residuals. At the present time, the noted regulations require costly infrastructure improvements before a permit is granted by the Iowa Department of Natural Resources to allow the composting of food residuals from homes, grocery stores, restaurants, and cafeterias. As a result, all but three (3) of Iowa's forty -five (45) landfills continue to bury their service area's food residuals instead of composting them. Requested Action: The City of Dubuque currently maintains a list of residences as well as large -scale facilities, including grocery stores and hospitals, that are waiting to participate in a food residual composting program. The State should work with local landfills to define compromises that continue to protect Iowa's soils and waters while allowing local governments to significantly expand their food residual composting programs. Amend Iowa Administrative Code 567 — Chapter 105 to encourage Iowa's other forty -two (42) landfills to compost, rather than landfill, food scrap residuals. Healthy Local Foods During the 2010 Legislative Session, the Legislature charged the Leopold Center for Sustainable Agriculture with preparing a local food and farm plan containing policy and funding recommendations for supporting and expanding local food systems and for assessing and overcoming obstacles necessary to increase locally grown food production. The Healthy Local Foods principle of Dubuque's sustainability model aims to provide benefits of wholesome food from local producers, distributors, farms, gardens and hunters to all. The City and its partners engaged in the Healthy Local Foods initiative have participated in the forming of the Local Food & Farm Plan. In order for local institutions and consumers to increase their purchase and consumption of local foods, barriers must be overcome that enable more produce and meat to be produced, processed and sold locally. Various studies have shown the value of a strong local food system as an economic development tool. 19 Requested Action: Provide policy direction, funding and other resources to implement the recommendations of the Local Food & Farm Plan delivered to the Legislature in January 2011. Community Health Centers In 2011, Crescent Community Health Center budgeted for 38% of patients seen to be uninsured, meaning they pay zero on the sliding fee scale. As of October 2011, Crescent is seeing 62% uninsured patients. Community Health Centers are now seeing IowaCares patients for primary care, which provides more access than the previous option of traveling only to Des Moines or Iowa City. Community Health Centers cannot continue to provide services with this ongoing financial loss. Specialty physicians and other specialty health care providers are willing to volunteer at Community Health Centers, such as Crescent, but the cost of malpractice insurance is prohibitive. Requested Action; Request more funding be allocated to the IowaCare line item for the participating Federally Qualified Health Centers (FQHCs) Community Health Centers. Request a direct supplemental funding award from the State to help offset the costs of the rising number of uninsured patients being seen by the Community Health Centers (FQHCs) across the state. Based on a review of the Volunteer Health Care Provider rules, seek changes to the program that would allow specialists to volunteer at the Community Health Centers (FQHCs) and provide services to uninsured and IowaCare members 20 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque State Legislative Issues for the 2012 Session DATE: December 1, 2011 Dubuque kard All- America City I 2007 Assistant City Manager Teri Goodmann has worked with City staff to develop a recommendation on this year's State of Iowa Legislative Priorities. The priorities, as adopted by the City Council, will be presented to our legislators at the annual Legislative Dinner on December 7, at 5:30 p.m. at the Grand River Center. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager City Of Dubuque State Legislative Issues For The 2012 Session State Historic Tax Credits The Iowa Historic Preservation Tax Credit was passed in May 2000 to promote investment in our historic resources in communities, codified in Section 404A.4. Rehabilitation of these resources contributes to the economic viability as well as the strength of our communities. The secondary impacts of this historic tax credit on our communities are countless. The program provides a tax credit of 25% of the qualified rehabilitation expenses for qualified projects. Thus, each credit represents an investment in our community of at least four times the amount of the credit. Additional revenues are generated through increased property taxes, income taxes, and sales taxes. The cap for the program is currently set at $50 million per year. Dubuque has benefited from 20 state historic tax credit projects, more than any other city in the State of Iowa, which has added far more to our financial system than a simple single storefront project as listed above. A sample of the impact is as follows: Project New Jobs Security Building 90 Town Clock Building 60 Heartland Building 45 Platinum Building 110 Star Brewery 170 Cooper Wagon Works /Bricktown 65 German Bank 25 Roshek Building 1,300 Hotel Julien 57 Caradco 75 (estimate) Total 1,997 new permanent jobs These projects have added well over 1,997 permanent jobs to our economy, not including the construction jobs to complete the large projects. These 1,997 people would equate to a $ 85 million annual payroll. Critical workforce housing needs in the City of Dubuque make state historic tax credits and other financial incentives a top priority as the City works to promote redevelopment and reinvestment in our urban core. Requested Action: Maintain the state historic tax credit program at the current level with a goal of removing the cap on the historic preservation tax incentives. Work to ensure that the administrative rules support private sector development and best practices. 1 Smart Growth Workforce Housing Creation of the Smart Growth Workforce Housing grant program under the discretionary policy of the Iowa Finance Authority provides greater opportunity for the City of Dubuque and its partners to stabilize the community and will prioritize environmentally - sustainable development and will promote economic development. This grant program was established in the 2010 legislative session. The program needs funding appropriations to become available effective FY2012. Definition Smart Growth practices are settlement patterns that avert urban sprawl by encouraging more compact development, greater transit use, and enhanced environmental protection. Workforce housing is normally defined as housing affordable to households earning between 80 percent and 120 percent area median income (AMI). Affordable, in the housing industry, means a household pays no more than 30 percent of its annual income on housing. Smart Growth Workforce Housing is the combination of these concepts — the development of sustainable, transit - oriented housing that is affordable for our workforce. What can our workforce households afford to pay for housing? "The National Housing Act of 1937 created the public housing program... [wherein] a tenant's income could not exceed five to six times the rent; and by 1940 income limits gave way to the maximum rent standard in which rent could not exceed 20 percent of income — in practice, the same as the predecessor income limit standard. Over the decades, that percentage has risen, so that by 1981 the threshold was set at 30 percent of income. Households that spend over 30 percent of income on housing are considered cost burdened. Why the increase? Was it truly deemed a more appropriate benchmark? Or was it simply in response to an increase in housing costs and the government's inability to subsidize housing for an ever - growing number of struggling households? Using the current industry standard of spending up to 30 percent of gross income for gross housing costs (including tax, insurance, & utilities), workforce households could be expected to spend the maximum amounts indicated in the table below. Housing markets differ greatly, but we know that rents run much higher than these net rent levels in many areas; and conversely, these rents are simply unattainable in other areas like Dubuque due to lower local prevailing wages. The mortgage levels listed below would service a 30 -year mortgage valued between $83,000 and $125,000, whereas the current median sale price for homes in Dubuque is $121,800 — barely within reach for the upper end of our workforce. Workforce Households (Dubuque) Dubuque Gross Annual Income Gross Monthly Affordable Net Affordable Net Affordable Rent Mortgage Pmt. (w /o utilities) (w /o utilities, tax & insurance) Housing Cost 80% AMI $35,700 $881 $661 $581 120% AMI $53,520 $1,321 $991 $872 2 Over the past decade, rising housing costs have outpaced the average salary across the United States — in some areas by two- to five -fold. Many workers in urban areas have dealt with this discrepancy by living far from their downtown jobs or by living in housing they can't afford. Unfortunately, the former solution is offset by an increase in transportation costs. And what is the price we pay for the latter solution? "Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care." In fact, a full 37% of homeowners and 50% of renters today are cost burdened. Fortunately, housing costs in smaller urban and rural areas are often within closer reach for workforce households. However, in areas where vacancy rates are low— calling for the production of new units — development of quality housing is financially impossible, as operational income on the properties is not enough to cover interest payments on the project mortgage. Low local rent levels, although beneficial for tenants, preclude developers from creating new units, despite a community's housing shortage. For this reason, many developers have turned to the LIHTC program to make their projects financially feasible, whether or not this fulfills the community's particular housing demand. Meanwhile, the recent economic downturn and housing market woes have combined to create a new class of workers, forced into the rental market because they do not qualify for a mortgage. Displaced workers with homes that won't sell, families who've had their homes foreclosed, young professionals with student loans, and households that might otherwise be able to afford mortgage payments if only they could come up with the higher requisite down payment demanded in a tight lending climate — all of these are moving into the rental market. This creates a rather sudden increase in the demand for rental residential units for households that are neither wealthy, nor are they eligible for low- income housing. The creation of affordable housing options for our workforce allows communities to attract and retain quality employers. If the only housing that developers can afford to produce is intended for low- income or wealthy households, we should not be surprised to see such a disparity in our communities' income levels. To have a healthy mix of incomes, we must have housing options available for all income levels. In addition to many communities' needs for affordable workforce housing, their efforts at being sustainable may inadvertently be counterproductive to their housing goal. A recent study from the Lincoln Institute of Land Policy shows that "the presence of a state smart growth program was the strongest predictor of increases in owner cost burden" and that "the housing cost burden for renters was consistently higher than for owners." The results of this study "indicate that smart growth programs that lack an affordable housing element have been associated with increases in housing cost burdens ". "These results, coupled with differences in program design and implementation among states, suggest that if smart growth programs are to have a positive impact on housing affordability or avert a negative impact from constraints on the land market, they must explicitly require the production of housing for low- and moderate - income households, rather than merely plan for it or ignore it completely. Simply stated, program design matters." Recommendation Fund the newly created IFA Smart Growth Workforce Housing grant program. 3 Southwest Arterial - Project Status Update The Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Southwest Arterial project as the No. 1 surface transportation priority in the Dubuque area. The proposed Southwest Arterial project will be a 6.1 -mile four -lane divided freeway with priority 1- access control between Highway 61/151 and Highway 20. Economic Development Dubuque is the regional economic center for the Iowa, Illinois and Wisconsin tri -state area. With local international companies such as the John Deere Dubuque Works, Nordstrom Distribution Center, McGraw -Hill Publishing Company, A.Y. McDonald Manufacturing, Flexsteel Industries, Kendall /Hunt Publishing, and the Hormel Food Corporation, it is critical to construct the Southwest Arterial as an alternate, direct route for commercial traffic through southwestern Dubuque. The Southwest Arterial project will significantly improve the efficiency and safety of the regional highway transportation network that is vital for the statewide, national and global distribution of local commerce and the continued growth and sustainability of the strong regional economy. Mobility Benefits The Southwest Arterial project will connect two growing sections of the community together and will support future anticipated expansion growth to the southwest of the City toward the Dubuque Regional Airport. The Southwest Arterial will also provide an efficient bypass around the City thereby reducing travel times and minimizing delay by reducing traffic volumes and congestion on the local street system. Environmental Benefits The Southwest Arterial project will provide an alternate, direct and efficient route for traffic through southwestern Dubuque, which will provide significant travel time savings by avoiding the numerous signalized intersections on Highway 61/151, Highway 20 and Central Avenue (Hwy 52/3) through Dubuque, thereby providing fuel energy savings, reducing vehicle emissions and improving air quality. The Southwest Arterial project will be designed and constructed with forward thinking sustainability initiative incorporated, which will include an environmentally and resource sensitive highway corridor, an integrated bike / pedestrian trail with amenities, and Intelligent Transportation System (ITS) technology. Current Status The preliminary engineering design phase is completed and the Southwest Arterial project is now proceeding with the final engineering design phase, right -of -way property acquisition and archaeological and cultural resource phase III mitigation work. Final Engineering Design In March, 2009, the City approved the selection of AECOM to complete the final engineering design phase. On August 27th, 2009, the City received official Iowa DOT notification that the FHWA has given approval for AECOM to proceed with the final design phase. The technical design team is currently working on final engineering design elements, including: interchange layout and configuration, bridge and structures design, geotechnical subsurface 4 investigation, sustainable highway design concepts, architectural and landscape enhancement concepts, wetland delineations and mitigation. As part of the final design phase of the Southwest Arterial, the Iowa DOT and the FHWA required that a formal Value Engineering (VE) Study be conducted. The primary objective of the Study was to identify potential modifications that might decrease the construction cost or to increase the value of the project. In November, 2009, the Value Engineering Study was completed and a final report was issued. The most significant value engineering (VE) alternative under strong consideration is the proposed modifications to the Southwest Arterial / U.S. 20 / Seippel Road interchange area. These changes could include; use of roundabouts, changes to the ramp layouts, changes to the access road layouts, eliminate the need for a cross -over bridge, and possibly eliminate the need to purchase three (3) properties along Cousins Road. The potential VE savings to incorporate these savings are in the magnitude of $5.9 million. The full extent of the potential VE savings will be evaluated and further refined as the project team proceeds into the final design phases, evaluates environmental impacts, property acquisition impacts and the City conducts public informational meetings on the proposed Southwest Arterial / U.S. 20 / Seippel Road interchange configurations under consideration. Property Acquisition In February, 2009, the City signed a joint partnership agreement between the City and the Iowa DOT to perform right -of -way property acquisition services for the Southwest Arterial Project. On September 10, 2009, the City received official Iowa DOT notification that the FHWA has given approval and authorization to proceed with right -of -way acquisition. The City and the Iowa DOT property acquisition staff are currently proceeding with right -of -way property acquisition for the 43 impacted properties. As of October 2011, the City has purchased 27 properties for a total purchase expenditure in the amount of $4.7million to date. Another 2 properties are currently in the acquisition negotiation phase. . Another 5 properties are anticipated to be released for acquisition within the next 60 days as soon as the utility easements are finalized and the acquisition appraisal updates are completed. The remaining 10 properties are temporarily on hold while the project team completes the design modifications to the Southwest Arterial / U.S. 20 / Seippel Road interchange. As part of the American Recovery and Reinvestment Act (ARRA), the City and County have committed all of the local transportation funding, $2.9 million, for the purchase of property for the Southwest Arterial. As of March 2011, all ARRA stimulus funding has been expended. Archaeological and Cultural Resource Mitigation In the summer of 2010, work began on the archaeological and cultural resource mitigation phase of the project. The City anticipates that 75% of the mitigation sites will be completed by December 2010. The remaining mitigation sites will be completed as those respective properties are acquired and prior to the start of construction. 5 Construction To maximize available funding, the City is moving forward with "fast track" phased project components to construct Southwest Arterial improvements that will provide immediate public benefits and create significant construction efficiencies for the future grading and paving of the four -lane freeway between Highway 151/61 to Highway 20. The first phase of construction began in September , 2010 with the reconstruction of North Cascade Road. The project will provide for the reconstruction (grading, paving & bridge) and realignment of North Cascade Road which will allow the Southwest Arterial to travel under the new North Cascade Road Bridge. The second construction phase, the English Mill Road reconstruction project is scheduled for bid letting in spring of 2012 and will involve side road improvements that will allow the highway to travel under the new English Mill Road Bridge. The third construction phase, the Military Road reconstruction project is scheduled for bid letting in spring of 2012 and will involve side road improvements that allow the highway to travel under the new English Mill Road Bridge. Construction Project Amount North Cascade Road (1st Phase) - Under Construction $ 3,000,064 English Mill Road (2 "d Phase) - Bid Sept. 2011 $ 5,093,000 Military Road (3`d Phase) - Bid Sept. 2011 $ 9,1 3,0000 Total Construction Costs: $ 17,223,064 In the summer of 2012, the City intends to proceed with a phased approach to begin construction of the Southwest Arterial • U.S. 201 Seippel Road interchange. With any remaining local federal appropriations matched with the Iowa DOT's 5 -Year Highway Transportation Improvement Program funding (FY13 - $5,460,000), the City will begin grading work for the interchange development. The Iowa DOT has additional funds programmed in FY14 ($12,300,000) to complete the SW Arterial / U.S. 20 / Seippel Road interchange. Project Cost Based on current funding levels, an alternate interim phase under consideration would provide for the grading of four -lanes between Highway 151/61 to Highway 20, pave two -lane highway between Highway 151/61 to Highway 20, with interchanges at Highway 151161 and at Highway 20. The preliminary cost projection for the interim two -lane highway is $98.3 million. The current available funding for the Southwest Arterial is $66.4 million, and is summarized as follows: Total Funding Projection Summary Status Amount Total Federal Funds Committed $ 32,805,334 Total State Funds Committed $ 17,760,000 Total Local Funds Committed $ 15,808,967 Total Federal • State • Local Funding: $ 66,374,301 6 At current funding levels, there is a $32 million funding shortfall for the Southwest Arterial to complete the interim 2 -lane highway between Highway 20 and Highway 61/151. The preliminary cost projection for the complete four -lane freeway project is $125,000,000. The Southwest Arterial project remains the No. 1 surface transportation priority in the Dubuque area and other funding strategies are being evaluated to ensure that this project continues to moves forward. Requested Action: The City requests any additional financial assistance that can be provided on the federal level, as well as any assistance that can be provided to encourage the Iowa Department of Transportation Commission to maintain support and funding for the Southwest Arterial project in their Five -Year Transportation Improvement Program. The City also requests the support of additional appropriations to reduce the current funding gap ($32 million) to complete the two -lane highway between Hwy 20 and Hwy 61/151 highway and help provide the match to allow the expenditure of federal funds. The City requests any additional financial assistance that can be provided on the federal level, as well as supporting of transferring the remaining unused Federal appropriated SAFETEA -LU funds ($20 million) from the U.S. Highway 20 / Julien Dubuque Bridge project to the Southwest Arterial. The City requests that at some point the State of Iowa redesignate the Southwest Arterial as an extension of Highway 32 (Northwest Arterial) making it a State route. State Mandates Cities are often faced with implementing mandates from the state and federal governments without receiving the necessary funds for implementation Requested Action: Enact legislation that exempts local government from providing any new service or engaging in any new activities mandated by the state if the state does not provide full funding. Property Tax The current tax structure for state and local governments is a mix of tax laws, rates and policies that do not provide for a fair and consistent tax system. The Iowa League of Cities and the Iowa State Association of Counties (ISAC) have identified key areas needing revision for a comprehensive tax reform in Iowa. They include: 1) changes to assessment and valuation procedure, 2) changes to city and county budgeting processes, 3) developing an alternative to current property tax limitations, and 4) elimination of the rollback formula and homestead exemption. Requested Action: Work with the Iowa League of Cities, the Metropolitan Coalition and ISAC to approve legislation to design a tax structure that provides tax equity and policies that are consistent with an overall direction for state and local government taxation. 7 Homestead Tax Credit Each year the City of Dubuque tries to minimize the tax asking for the average homeowner by not increasing, and in some years, decreasing the City's property tax rate. The State of Iowa has created a partially unfunded mandate through the establishment of the Homestead Tax Credit. The cost for the lack of full funding of this credit is passed on to taxpayers and diminishes the City of Dubuque's efforts to keep property tax rates low. The credit was funded by the State at 85% in 2003 -2004, 81 % in 2004 -2005, 78% in 2005 -2006 and 2007 -2008, and 73% in 2007 -2008. Homestead Credit - State should fund 100% of these credits. MFPRSI - State should fund more of their obligated percentage for their share (3.79 %) MFPRSI Employee contribution - change legislation to lift the cap from 9.4% (City contribution will rise to 30% in 3 years, employees should help with this cost) Requested Action: Reinstate full funding for the Homestead Tax Credit. Tax Increment Financing (TIF) The Iowa Code provides that cities can use TIF for certain public and private economic development purposes once an urban renewal plan is approved and an urban renewal district established. The ability to use TIF to assist private economic development projects in urban renewal districts has become a very useful financing and incentive for private investment. Requested Action: Support efforts to maintain Tax Increment Financing as an economic development financing tool. Funding of Major Transportation Projects The State of Iowa has used a strategy of allocating funds for completing the major transportation projects in the state as opposed to using a piecemeal approach. This strategy has been successful, with extensive work being completed on major corridors. The same strategy should be used for major projects in larger cities that require significant funding commitments for completing the projects in a reasonable amount of time. An example is the SW Arterial /Hwy 32. Requested Action: Support efforts to continue the strategy for funding major transportation projects throughout the state, including projects that have federal earmarks. Passenger Rail: Through the Envision 2010 process, the Citizens of Dubuque have established a Passenger Rail Committee to support and promote the return of passenger rail service from Chicago to Dubuque. There is a Memorandum of Understanding with Illinois to implement passenger rail service between the States of Iowa and Illinois. 8 Iowa Code Section 327J establishes the Passenger Rail Service Revolving Fund. Monies deposited into the fund shall be used to pay the costs associated with the initiation, operation and maintenance of passenger rail service. In FY 2010, $3 million was appropriated to the fund through I -JOBS legislation. Requested Action Support funding and required operating subsidy to return passenger rail from Chicago to Dubuque. Border Communities Incentive Program In the 2006 Iowa legislative session. House File 2731 was approved to create the Targeted Jobs Withholding Tax Credit Program. The Department of Economic Development oversees this program. The Targeted Jobs Withholding Tax Credit Program is a program for cities located adjacent to neighboring states to remain competitive in attracting new jobs. Receiving project city status for this program will make incentives available in the amount of up to tlu-ee percent of the wages paid by the company on new eligible jobs. The program will only be available to four cities which have been chosen as pilot project cities. This program should be expanded to more communities that fit the qualifying characteristics. This program would keep Iowa's communities that border other states more competitive when attracting new business to the state. Requested Action: Support efforts to expand this program to allow more communities that fit the qualifying characteristics to be eligible to receive the incentive. This program would help to keep Iowa's communities that border other states more competitive when attracting new business to the state. Economic Development The role of city government in economic development is crucial. Economic activity requires roads, streets, airports, water and sanitation. New jobs necessitate more and better housing. Growing businesses seek quality of life amenities for employees and families, such as parks, recreation and libraries. Protection and safety of property and life must be assured. This can only be accomplished with the strong support of an effective city government. Successful quality of life programs need continued funding, such as Vision Iowa, REAP, CAT funds, RECAT Iowa Great Places, the Iowa Main Street program funds, and tax credits for historic preservation. Requested Action: Protect and enhance economic development tools enabling cities in Iowa to promote economic improvement throughout the state. Eminent Domain During 2006, the Legislature approved changes to the Eminent Domain Law. Included in the changes, and of particular concern, is the requirement that seventy -five percent or more of the 9 area included in the urban renewal plan must consist of property in a slum or blighted condition at the time the plan was established in order for the entire project or acquisition plan area to be subject to condemnation by the municipality. We believe that a 51 % threshold is more reasonable. Furthermore, the new language provides that the project or acquisition plan area shall only include the adjacent and contiguous parcels necessary for the completion of planned activities for a specific business or housing project. This language would be limiting for downtown development projects that may be larger in scope than just the parcels that meet the definition of slum and blight. Lastly, the burden for the use of eminent domain for airport project is increased by the requirement that the Board of Supervisors must hold a public hearing and pass a resolution unless the airport improvement is FAA- required. This creates additional layers of burden on a municipality. Requested Action: Support efforts to amend sections of the Eminent Domain Law to allow for changes as proposed by the Iowa League of Cities and noted above. Fully Funding Enrich Iowa Program Enrich Iowa is a state aid program for Iowa's libraries. Until recently, Iowa was one of eight states without direct state aid to libraries. Current state funding is at $1 million statewide versus the recommended $3 million for full funding. If Enrich Iowa were fully funded, the Carnegie - Stout Public Library could realize at least $100,000 a year in state aid. Requested Action: Support efforts to increase funding for the Enrich Iowa program. Enterprise Zone Incentives The Enterprise Zone legislation was written to promote private investment in economically distressed areas of a city or county. To assist new employees of companies locating in enterprise zones, the legislation provides for employers to establish a capital fund for down payments or rental subsidies. The business funds this program through a credit from state withholding taxes, based on the wages paid to the participating employees. An amount equal to 1.5 percent of the gross wages paid by the employer is credited from the payment otherwise withheld and used to capitalize this fund. This feature of the legislation has not been utilized to date. One reason is that the credit produces so little capital for the housing assistance program. For an employee earning $10 per hour, the credit equals approximately $300. Typically, down payment assistance programs offer $5,000 to $6,000; rental subsidy programs average $2,500 to $3,000 annually. In order to make this program effective, the credit for withholding should be increased. Another option is to allow the credit to be "pooled," to be made available to all eligible employees. As the legislation currently is written, the 1.5 percent credit is made available on the basis of withholding from individual employees — for the benefit of only that employee. If the credit could be aggregated, a larger capital fund could be established, from which all employees purchasing or renting housing in the enterprise zone could access funds for their housing needs. 10 Another reason for lack of employer participation in this program is that the legislation requires the employer to choose between use of the tax credit for job training or for providing a housing assistance program. Employers to date have chosen to use the credit to pay for training new employees. Requested Action: The legislation should be amended to provide the credit for both job training and employee housing assistance and to "pool" the funds. This will increase the tax credit and increase interest in the program by employers. Hotel and Food Establishment License Fees In the 2006 legislative session, House Study Bill (HSB) 648 was introduced. This bill proposed increasing the hotel and food establishment license fees, bringing them in line with costs of running the program. The bill passed in 2007 increased the various food license fees by a range of 20 - 30 %. This increase will still not pay for the cost of doing risk -based inspections, as required by Iowa Code. Requested Action: Support legislation that will fully fund State mandated health inspections for Hotel and Food Establishments through increased license fees. School Food Program Inspections An amendment to Section 9(h) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(5)) went into effect July 2005. This amendment imposes an unfunded mandate requiring at least two school food program inspections per year instead of one. Now, the City of Dubuque Health Services Department will have to inspect school food lunch programs (which actually cook food on -site vs. just serving food prepared at another site) two times per year, but will not receive any license or inspection fees for the service. The City does not believe it is necessary to inspect the school food lunch programs more than once per year based on past inspections. This unfunded mandate will add twelve inspections for a total of 50 annual uncompensated inspections for school lunch programs. Requested Action: Oppose legislation for a second School Food Program inspection, and /or create a funding mechanism to cover the costs of school lunch program inspections. In addition, both the Health Services Department and the Housing and Community Development Department would like Iowa Code Section 364.12 (h) changed. Currently, a notice of violation must be sent via certified mail to a property owner if the City performs the required mitigation of the problem and assesses the cost to the property owner. We suggest that a notice be sent via regular mail to the property owner. Oftentimes, it is difficult for people to collect or pickup certified mail, particularly if they are not home at time of delivery. Certified also adds a significant cost ($2.87) to the mail of each notice. 11 411 Contributions The City of Dubuque's contribution to the retirement system for police officers and firefighters went from 19.9% of wages in Fiscal Year 2011 to 24.76% of wages in Fiscal Year 2012. Requested Action: Any future increases in funding to support the retirement system for police officers and firefighters should be borne by the employees and not the cities. In the event there is a reduction in the funding needed to support the retirement system for police officers and firefighters, the cities' contributions to the system should be reduced. 411 Subrogation Currently in Chapter 411, cities are not allowed to seek reimbursement from Third Parties for costs incurred for Police and Fire injury and illness claims. As such, a Police or Fire employee may collect against the City for an injury or illness claim and collect a second time for the same incident against a Third Party. If the employee is successful in getting payment from the Third Party, the City is currently not able to obtain reimbursement (subrogate) from the Third Party payment. Requested Action: Amend Chapter 411 to allow cities to seek reimbursement from third parties for costs incurred for Police and Fire injury and illness claims. Seasonal Employees Currently, temporary employees that accept a job that starts on a specific date and ends on a specific date are eligible to collect unemployment. For example, temporary employees hired for three or four months to mow lawns during the summer are allowed at the end of the summer to collect unemployment even though they know the job is temporary when hired. This puts a costly burden on the employer. Requested Action: Amend the unemployment law so that temporary employees are not allowed to collect unemployment. Underage and Binge Drinking Current legislation provides for a penalty to be placed upon the establishment that serves minors. However, only a simple misdemeanor penalty is placed upon the underage person attempting to purchase alcoholic beverages. This does not discourage this problem, which is particularly prevalent in college -age students. In an effort to combat underage consumption and "Binge Drinking" by our college age population, we would ask legislative consideration to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. Requested Action: Pass legislation to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. 12 Eliminate "Good Moral Character" language from Iowa Code One of the criteria for the issuance of a State of Iowa liquor license is determined by "Person of Good Moral Character" as defined in State of Iowa Code 123.3 (26)(d). The State takes into consideration the local municipality's interpretation of "Person of Good Moral Character" prior to issuing a liquor license. Requested Action: Urge legislators to eliminate "good moral character" language and replace it with objective standards. Airport Infrastructure Funding At a minimum, increase funding for the highly successful Commercial Service Vertical Infrastructure program to at least $1.75M (current appropriation of $1.5M) for facility improvement projects at public - owned, public -use airports in Iowa. Requested Action: Increase funding for the Commercial Service Vertical Infrastructure program to at least $1.75M. Air Service Retention Iowa's economy depends on regular, dependable and affordable commercial air service. Keeping service is essential to the economic recovery of all corners of the state. Recommend the establishment of Air Service Retention Committee made up of a representative from the Department of Transportation's Office of Aviation, a representative from each of the state's commercial service airports, two representatives from commercial airlines serving the state and a member of the majority and minority parties in the House and Senate. The Committee shall develop a plan for the retention of current passenger airline services.. Requested Action: Establishment of an Air Service Retention Committee.. Aviation Tax Policy Iowa airports and aviation industry have requested sales and use tax policy changes to remain competitive with our neighboring states. The repeal or capping of any aviation sales and use tax exemption would severely cripple the state's airports and aviation industry. Requested Action: Maintain the aviation sales and use tax exemption. Effective Control of Wildlife Aviation Hazards Deer and other animals continue to be hazards to aviation in our state. Pilots and airport managers report an alarming increase in the number of runway incursions by wild animals. Public airports should be allowed to engage in timely and appropriate depredation efforts for their facilities. Requested Action: Allow airports the use of rifles to eliminate wildlife hazards. 13 Rebuild Iowa Provide for continuation of Rebuild Iowa Infrastructure Fund appropriations for vertical infrastructure projects at both commercial and general aviation airports. Expand Cities' Extraterritorial Jurisdiction Cities have extraterritorial jurisdiction (ETJ) for up to two miles from their corporate limits for subdivision review and approval only if the County has zoning for the rural areas. Extending the cities' ETJ to include review and approval of zoning changes would facilitate planned and managed growth. Legislation should provide incentives for governments to voluntarily plan together and identify recommended land use impact to be considered during the planning process. The League supports legislation that expands land management practices such as ETJ of cities to include review and approval of zoning changes. Requested Action: Support legislation enabling cooperative planning and effective land management practices. Property Owners on Historic Preservation Commissions Section 303.34 of the Iowa Code requires that "At least one resident of each designated area of historical significance shall be appointed to the commission." This requirement is problematic for the City of Dubuque's Old Main Historic District, which is primarily commercial. It would be beneficial for the City in the recruitment and retention of commissioners to be able to appoint property owners to represent historic districts. Furthermore, since historic preservation regulations apply to the rehabilitation, renovation and restoration of property, allowing property owners to serve on the commission would be appropriate. Furthermore, some Iowa cities are experiencing burgeoning commissions as historic districts are designated and representatives of each district are appointed. To avoid "over- populating" a commission, allowing a majority of the districts to be represented on a historic preservation commission would be appropriate. Requested Action: Enact legislation allowing property owners to represent a majority of the historic districts on the Historic Preservation Commission. Appeal of Actions by Historic Preservation Commission Section 303.34 of the Iowa Code states that an aggrieved party may appeal the action of a historic preservation commission to the City Council, and then to district court. The City Council, like the court, has to consider whether the commission exercised its powers and followed the guidelines established by law and ordinance, and whether the commission's action was "patently arbitrary and capricious." This process places the City Council in the difficult and uncomfortable position of interpreting technical guidelines and determining their appointees "arbitrary and capricious." The City Council would support an alternative process. Requested Action: Consider legislation providing an alternative appeals process regarding an action of the historic preservation commission. 14 Ambient Air Quality Rules In July 2004 the Environmental Protection Commission set H2S limits at 30 parts per billion (ppb) with a 60 minute average. Due to the fact that this is an air quality rule, it has to affect everyone, farmers, industries and municipalities alike. This rule could have disastrous effects on wastewater plants causing cities to provide for major H2S, ammonia and other mercapton control system that are very expensive and costly to operate. Requested Action: Enact legislation that exempts local government from the 30 ppb rule. Increase REAP Funding in the Environment First Fund REAP stands for Resource Enhancement and Protection. It is a program in the State of Iowa that invests in, as its name implies, the enhancement and protection of the state's natural and cultural resources. The following four state agencies administer REAP programs: Department of Natural Resources Department of Agriculture and Land Stewardship, Division of Soil Conservation Department of Cultural Affairs, State Historical Society Department of Transportation REAP funds go into eight different programs based on percentages that are specified in state law. REAP Fund Allocation: First $350,000 each year goes to Conservation Education and 1% of balance goes for DNR Administration. The remaining balance is then divided as follows: 1) DNR Open Space 28% 2) City Parks and Open Space 15% 3) Soil and Water Enhancement 20% 4) County Conservation 20% 5) DNR Land Management 9% 6) Historical Resources 5% 7) Roadside Vegetation 3% REAP is funded from the state's Environment First Fund (Iowa gaming receipts) and from the sale of the natural resource license plate. The state legislature sets the amount of REAP funding every year, and in the recent past that level has been 12 million I . Interest from the REAP account and receipts from the sale of natural resource license plates add about $450,000 to this appropriation for a total of $12.45 million a year. In the last two years, REAP has been appropriated $15 million and $12million, compared to the 22 year average of $11.4 million. Requested Action: Request that the Iowa Legislature work to increase REAP to full funding of $20 million, Assessor's Bill Property tax experts or representatives are now part of the tax appeal process. A tax representative can file an appeal for a large commercial property under a contingency basis, receiving their pay based on a percentage of the property tax savings they can achieve for their client. In many of these cases little or no money is expended by the taxpayer. The 15 representative files a protest with the Board of Review and supplies little or no information to the Board. The Board may deny the protest but the tax representative will file a protest to either District Court or the Property Assessment Appeal Board. At this point the tax representative may produce more information or they may try to negotiate a settlement. On the assessor's side it may be very costly to hire appraisals and fight this out in Court. A single appraisal for a large Commercial or Industrial property will easily exceed $5000. Also, many appeals to the Board of Review are filed at the last minute with a statement such as information to be presented at hearing. Many appellants never provide the information or provide it very late in the Board of Review session so the Board is unable to reach a well founded conclusion. Requested Action: Request the Iowa Legislature to limit appeals to District Court and the Property Assessment Appeal Board to matters and information that were presented before the local Board of Review. Ask the Iowa Legislature to review appeal dates and Board of Review sessions to allow sufficient time for appellants to present all their information. CAP Act of 2009 (H.R. 3745). The CAP (Community Access Preservation) Act of 2009 introduced by Wisconsin Rep Tammy Baldwin recognizes the important role that Public, Educational, and Governmental (PEG) access channels play in local communities and addresses some of the concerns facing these channels. Legislation that establishes national standards for interoperable public safety standards for first responders. Legislation that preserves and extends municipal government authority to provide communications services to their constituents. Legislation that overturns the FCC cable franchise order and returns to the local franchising scheme set out in the 1984 Cable Act. Land Banking In order to return blighted and abandoned properties to productive use quickly, states have passed legislation that streamlines the tax foreclosure process by giving ownership of these tax - reverted properties to the county treasurer sooner and allowing city, county or state land banks to purchase these properties earlier in the tax foreclosure auction process. Further legislative reform in these states has redirected money collected from unpaid and delinquent property taxes toward land banks for purposes of funding the land banks and for the purchase of tax - reverted properties. The City of Dubuque will explore the formation of a land bank that would purchase tax - reverted properties through the tax foreclosure process. The land bank would maintain these properties until purchase by a responsible buyer, ensuring the properties' return to productive use. Requested Action: Support the formation of a City of Dubuque Land Bank and work with the Iowa League of Cities, the Metropolitan Coalition and ISAC to approve legislation redirecting money collected from unpaid and delinquent property taxes toward the City of Dubuque Land Bank for funding and for the purchase of tax - reverted properties. 16 Arts and Culture Background Arts and culture is a strong component of tourism, economic development and quality of life for all Iowans. Great livable communities in Iowa must support culture, arts, history, and focused community development. Investment in cultural programs improves the quality of life in Iowa and helps to attract and retain a vibrant workforce which assists in developing and promoting Iowa's economic vitality. Iowa ranks 42nd of all states in per capita spending of $0.34 for arts and culture. The national average is $.90. States with similar populations out rank Iowa. Utah spends $1.01 (14`h) Arkansas spends $.74 (25`), and Mississippi spends $.65 (27`h) In 2004, the Dubuque City Council approved an Arts and Cultural Affairs Advisory Committee, $35,000 in annual project grants and established a Downtown Cultural Corridor. A $200,000 annual operating and special project support funding was established in 2005 and $300,000 in capital funds was allocated for the Art on the River public art program for ten years. Dubuque created a part time staff position of Arts and Cultural Affairs Coordinator in FY2009 with partial funding from Iowa Community Cultural Grants in FY 2009, 2010 And 2011. However, with the reduced ICCG funds available, funding was not received for FY 2012. The coordinator works closely with the Commission to promote and increase awareness and market the arts and activities and allocate budgeted funding for the arts and cultural activities. The position has enabled the Commission to develop goals and priorities, to enhance the public art program by creating standards of excellence using regional, state and national models and refining the grant process to ensure the taxpayer's money is used in the best possible manner. Although much has been accomplished, many opportunities remain to strengthen and expand Dubuque's cultural vitality. The recent designation of the Historic Millwork District plan brings integrated strategies that include design guidelines, historic preservation, community gardens, central gathering spaces, arts venues and artistic streetscapes. The City markets itself as a major tourist destination featuring world class museums, cultural opportunities, and historic architecture. Over $1.7 million visitors come to Dubuque each year, many of them Iowans who are vacationing closer to home. The Dubuque Chamber of Commerce estimates that at least two thirds of the 98,000 people in Dubuque County visit the Port of Dubuque, where the City's temporary art exhibit is held, one or more times in the course of a year. The City of Dubuque has provided more than $1. 8 million dollars in funding for the arts since the establishment of the City's Arts and Cultural Affairs Advisory Commission in 2004. The Commission has managed the City's investment, allocated among three programs: $1.4 million has been awarded through the Operating Support Grant Program; $275,000 has been awarded through the Special Projects Grant Program that has leveraged a total of $588,550 in arts projects in our community, and; $120,000 has funded the Art on the River annual temporary public art exhibit at the Port of Dubuque. Not only is the City of Dubuque reliant upon Department of Cultural Affairs funding for the arts, most of the art and cultural organizations and schools in Dubuque regularly receive funding from the various grant programs offered through the Department of Cultural Affairs, The latest information from 2006 shows an economic impact of arts and cultural organizations in Dubuque of $22 million. A new economic impact study from Americans for the Arts is being conducted in 2011. 17 Requested Action: Support programs in the Department of Cultural Affairs (Iowa Arts Council, State Historical Society of Iowa) to continue to recognize and promote Iowa's cultural heritage as key in recovery and strengthening of all Iowa communities. State funding of these programs leverages local support for arts and cultural organizations, historical organizations, educational programs, rehabilitation of historic buildings, and projects involving a variety of historic resources. These cultural activities also employ accountants, designers, contractors, union workers, etc. Specific programs to support include: • Provide specific funding for the Cultural Leadership Partners program at $250,000 and for the "Major and Mini Grants" program at $500,000 to ensure continuation of these programs without dependence on budget appropriations for the Iowa Arts Council. • Support funding for Iowa Community Cultural Grants at $300,000. • Match the federal funding of $40,000 for Big Yellow School Bus Grants with $80,000 by the state to double the required state level funding and expand program language to include all historical and cultural destinations. • Maintain funding for the Historic Site Preservation Grants in the Department of Cultural Affairs at $1 million. • Provide appropriate staff support within the Department of Cultural Affairs to provide previous levels of services to communities and citizens of Iowa through all programs and departments. Energy Efficiency & Renewable /Alternative Energy: Recently, the American Council for an Energy- Efficient Economy ranked Iowa 12th in the nation for its efforts to promote energy efficiency. Iowa scored highly in the category of building energy codes as one of only 17 states with a statewide code that meets or exceeds the latest International Energy Conservation Code standards for both residential and commercial buildings. Businesses, residents and local governments have taken advantage of existing incentive programs, but still have much work to do in order to make their new and existing buildings more energy efficient. As energy efficiency is achieved, private and public organizations as well as individuals have begun to explore a variety of alternative and renewable energy options to increase their energy independence, reduce dependence on coal and oil, reduce greenhouse gas emissions, improve the competitiveness of local business and improve public health. The City of Dubuque and local non - profits and businesses have established a strong focus on significantly improving energy efficiency in municipal, commercial and residential buildings. The City is also committed to growing the percentage of energy which comes from local renewable or alternative energy sources.. Requested Action: With the discontinuation of the Office of Energy Independence and its programs, it will be critical for all state agencies (including, but not limited to, the Department of Economic Development, Iowa Utility Board, Department of Natural Resources and Department of Administrative Services) to develop programming, funding and regulatory flexibility to support and promote the development of additional energy efficiency efforts and the adoption of 18 renewable and alternative energy sources at the local level. Successful energy efficiency incentive programs should be continued and Iowa should explore opportunities to remain competitive with other states in offering incentives for the installation and utilization of renewable and alternative energy. Specifically, the state should consider a progressive energy policy that works with local governments and utilities to remove barriers to widespread renewable energy use. In addition, we recommend the State review its existing legislative and regulatory approaches and consider modifications that will facilitate the role of local government in creating the environment and support for local energy efficiency and renewable energy efforts. Food Residual Composting Iowa Administrative Code 567 — Chapter 105 regulates the composting of various materials, including yard waste, agricultural byproducts, garbage, dead animals, and food residuals. At the present time, the noted regulations require costly infrastructure improvements before a permit is granted by the Iowa Department of Natural Resources to allow the composting of food residuals from homes, grocery stores, restaurants, and cafeterias. As a result, all but three (3) of Iowa's forty -five (45) landfills continue to bury their service area's food residuals instead of composting them. Requested Action: The City of Dubuque currently maintains a list of residences as well as large -scale facilities, including grocery stores and hospitals, that are waiting to participate in a food residual composting program. The State should work with local landfills to define compromises that continue to protect Iowa's soils and waters while allowing local governments to significantly expand their food residual composting programs. Amend Iowa Administrative Code 567 — Chapter 105 to encourage Iowa's other forty -two (42) landfills to compost, rather than landfill, food scrap residuals. Healthy Local Foods During the 2010 Legislative Session, the Legislature charged the Leopold Center for Sustainable Agriculture with preparing a local food and farm plan containing policy and funding recommendations for supporting and expanding local food systems and for assessing and overcoming obstacles necessary to increase locally grown food production. The Healthy Local Foods principle of Dubuque's sustainability model aims to provide benefits of wholesome food from local producers, distributors, farms, gardens and hunters to all. The City and its partners engaged in the Healthy Local Foods initiative have participated in the forming of the Local Food & Farm Plan. In order for local institutions and consumers to increase their purchase and consumption of local foods, barriers must be overcome that enable more produce and meat to be produced, processed and sold locally. Various studies have shown the value of a strong local food system as an economic development tool. Requested Action: Provide policy direction, funding and other resources to implement the recommendations of the Local Food & Farm Plan delivered to the Legislature in January 2011. Community Health Centers In 2011, Crescent Community Health Center budgeted for 38% of patients seen to be uninsured, meaning they pay zero on the sliding fee scale. As of October 2011, Crescent is seeing 62% uninsured patients. Community Health Centers are now seeing IowaCares patients 19 for primary care, which provides more access than the previous option of traveling only to Des Moines or Iowa City. Community Health Centers cannot continue to provide services with this ongoing financial loss. Specialty physicians and other specialty health care providers are willing to volunteer at Community Health Centers, such as Crescent, but the cost of malpractice insurance is prohibitive. Requested Action: Request more funding be allocated to the IowaCare line item for the participating Federally Qualified Health Centers (FQHCs) Community Health Centers. Request a direct supplemental funding award from the State to help offset the costs of the rising number of uninsured patients being seen by the Community Health Centers (FQHCs) across the state. Based on a review of the Volunteer Health Care Provider rules, seek changes to the program that would allow specialists to volunteer at the Community Health Centers (FQHCs) and provide services to uninsured and IowaCare members 20