2014 State Legislative PrioritiesMasterpiece 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 2014 Session
DATE: November 27, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
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 10, at 5:15 p.m. at the Grand River Center.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
dt)tt+, Prvlit,45
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 2014 Session
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 is an essential ingredient of the City of Dubuque's nationally recognized
success, providing financing and incentive for private investment.
The City of Dubuque has prioritized the redevelopment of our urban core, cities need tools like
TIF to accomplish this. The Slum and Blight Urban Renewal TIF allows cities across the state
to reclaim their urban cores, restore otherwise abandoned historic properties, and create more
sustainable communities. TIF is perhaps the most important Smart Growth tool available to
cities.
Since the City of Dubuque began using TIF in earnest in the 1990's, there have been a total of
53 corporate projects which had had the benefit of $116,769,204 in direct TIF incentives. These
projects have leveraged $468,636,760 in private investment. These projects have resulted in
the retention of more than 4,200 jobs in Dubuque and the creation of 3,097 jobs. This does not
include many of the jobs added to the downtown employment base where there was no direct
TIF agreement with the employer but rather the projects were facilitated by loan pools and other
methods benefiting from the Downtown TIF district.
This has all worked because responsible elected officials, who while acting in an entrepreneurial
fashion to encourage community growth, have used TIF, the City's only meaningful local
economic incentive in a strategic fashion.
Dubuque ranks third in the United States for actual job growth according the the 2010
MSN /CareerBuilder.com. Forbes Magazine has ranked Dubuque first in the United States for
projected job growth and 15th in the nation for "Best Places for Small Bui9sness and Careers."
From January 2011 through 2012, Dubuque created 12% of the net new jobs in the entire State
of Iowa ( +1100 new jobs), with only 3% of the State's population. The prior year Dubuque
created 1200 net new jobs, which was equivalent to 11.2 % of the State's total job growth. This
type of job growth is only possible with the use of TIF. Since TIF is really the only economic
development financing tool available to Iowa cities, Dubuque often uses TIF as the local match
required when we partners with the Iowa Economic Development Authority. This is certainly the
case with the 1300 jobs created by IBM, the almost 200 jobs at Hormel (soon to be an additional
almost 100) and the 317 jobs retained and created by A.Y. McDonald. Without the flexibility this
tool provides, Dubuque would not have this kind of success in job creation and retention.
A very important priority of the City of Dubuque, the Historic Millwork District, benefited initially
with a $105 million investment of private and public dollars, rebuilding much of the street
network, underground utilities, creating parking and renovating the Caradco Building (Schmid
Innovation Center) into 72 apartments, and 35,000 square feet of commercial and retail space.
An additional building requiring approximately $35 million investment, with an estimated 150
additional apartments and thousands of square feet of commercial industrial space began
undergoing renovation this year. Ultimately, the entire Historic Millwork District will have over
$200 million in investment leveraging new business creation and much needed workforce
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housing for Dubuque. This Historic Millwork District slum and blight subarea TIF was
established in 2008. Legislative proposals which place restrictions on Slum and Blight Urban
Renewal TIF Districts would rapidly dissolve the City's financial investment in this priority project
for the City of Dubuque.
The City's new 125 acre industrial area would not have been possible if the proposed legislation
forcing "sun- setting" of economic development TIFs would be put in place.
The City of Dubuque has successfully and responsibly used tax increment financing to create
more jobs per capita? than any other city in the State of Iowa.
Proposed TIF reform that would prohibit the use of TIF revenue on public buildings, which would
stop the creation of parking ramps and Dubuque effort to restore the Historic Federal Building
would be opposed by the City of Dubuque.
The City of Dubuque understands the need for increased transparency, fastidious data
collection and antipiracy language in TIF reform but cannot support reform that limits or sunsets
the City's use of slum and blight and economic development TIFs.
Even in these areas, the language should be narrowly crafted so as not to stifle economic and
community development activities by cities. No language should be included that could limit or
destroy job creation and economic development potential that exists in current TIF laws.
Requested Action:
Support efforts to maintain Tax Increment Financing as an economic development financing
tool.
$3,000,000
$2,700,000
$2,400,000
$2,100,000
51,800,000
$1,500,000
51,200,000
$900,000
$600,000
$300,000
City of Dubuque
New Schools, County, City Tax $ - Full Build -Out of Retiring TIF Districts,
in First Year of Expiration $3,015,117
fl Other, $63,805
• NICC, $76,673
County, 5545,132
■ City, 5934,587
• DCSD, 51,237,780
$71,825
$295,571
E Other, $6,255
• NICC, $7,516
County, 553,439
• City, $91,617
• DCSD, 5121,339
$1,150,458
r'- Other, $24,346
• NICC, 529,255
County, $208,002
• City, $356,604
• DCSD, 5472,292
$862
$108,073
$559,135
• Other, $11,832
• NICC, 514,218
1 County, 5101,091
• City, 5173,313
• DCSD, $229,539
$2,055,916
■ NICC, 552,281
gu Other, 543,506
County, 5371,709
• City, 5637,266
D, 5844,004
$1,570,898
a Other, $33,243
• NICC, 539,947
County, 5284,018
• City, 5486,927
• DCSD, 5644,893
$10,139
Cou ler Valley Weshnark- Swiss Valley East 7th Tech Park DICW - Quebecor - Kerper- DICW - DICW -
-1997 1998 II -2008 Street -2009 South -2019 5ibarea 8- 2025 2032 51barea C- 51barea D -
2019 2031 2031
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 $45 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
Heartland Expansion 100
40 -44 Main 49
Hotel Julien 57
Caradco 75 (estimate)
Total 2,146 new permanent jobs
These projects have added well over 2,146 permanent jobs to our economy, not including the
construction jobs to complete the large projects. These 2,146 people would equate to an $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:
Restore the state historic tax credit program cap to its pre -10% cut level of $50 million with a
goal of lifting the cap on the historic preservation tax incentives to $80 million. Work to ensure
that the administrative rules support private sector development and best practices. Long range
goal is to have the State system mirror the Federal system where there is no cap and no
competitive application process.
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
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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
Housing
(w /o utilities)
Pmt.
Cost
(w /o utilities,
tax &
insurance)
80 %AMI
$35,700
$881
$661
$581
120 %AMI
$53,520
$1,321
$991
$872
Over the past decade, r sing 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
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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.
Requested Action:
Fund the Iowa Finance Authority Smart Growth Workforce Housing grant program.
Enterprise Zone Incentives
The Enterprise Zone legislation was written to promote private investment in economically
distressed areas of a city or county. The EZ program focuses and provides funding
opportunities for redevelopment of economically distressed areas, promotes business
development and provides support for workforce housing. The Enterprise Zone program is a
tool in the City's economic development and workforce housing toolkit.
The Enterprise Zone program scheduled to sunset in July of 2014.
Requested Action:
Support legislation that would extend the life of the Enterprise Zone program or legislation that
would replace it with expanded benefits and support for local governments working to create
jobs and workforce housing.
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.
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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 precede 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
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
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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
The City and the Iowa DOT property acquisition staff are currently proceeding with right -of -way
property acquisition for the 50 impacted properties. As of October 2013, the City has purchased
26 properties and has expended approximately $5.86 million in eligible acquisition costs.
There are currently 13 properties that are temporarily on hold, which are impacted by the design
development of the U.S. 20 Interchange and the U.S. 61 -151 Interchange locations. Another 2
properties are currently having the acquisition and review appraisals updated so that they can
be released to begin acquisition negotiations. The acquisition process for these properties is
expected to begin as soon as the final interchange configurations are approved by the Iowa
DOT, which is expected to be later in 2013.
There are currently 5 properties that are temporarily on hold while the City works to obtain gas
pipeline utility relocation agreement with BP Pipeline. Once the agreement is in place, BP will
provide the necessary utility relocation design so that the appropriate easements can be
obtained from the respective property owners. The City is optimistic that said agreements can
be in place within the next 30 -60 days.
Another 4 properties along U.S. 20 are temporarily on hold while the City, in joint partnership
with the Iowa DOT, completes the Traffic Capacity Improvement Location Study (Iowa DOT
Project No. NHSN -20 -9 (215)- 2R -31) along U.S. 20 between the Southwest Arterial /Seippel
Road Interchange and the Northwest Arterial.
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.
Archaeo logical and Cultural Resource Mitigation
In the summer of 2010, work began on the archaeological and cultural resource mitigation
phase of the project. As of February 2013, approximately 90% of the mitigation sites have been
completed. The remaining mitigation sites will be completed as those respective properties are
acquired and prior to the start of construction.
Construction
To maximize available funding while continuing to advance the development of the project, the
City is moving forward with a phased approach 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 20 to Highway 151/61.
The first phase of construction, the North Cascade Road project (stage II grading and paving)
was substantially completed by December 19, 2012. Final finish grading, seeding and fencing
will be completed by November 2013. The project provided for the reconstruction (grading,
7
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 the summer of 2014 and will involve side road improvements that will allow the
highway to travel under the new English Mill Road Bridge.
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 $116.7 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
$ 32,860,720
Total State Funds
Committed
$ 45,000,000
Total Local Funds
Committed
$ 7,152,913
Total Federal / State / Local Funding:
$ 85,013,633
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 $135,000,000, with a
shortfall of $50 million. 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.
Funding
Since January 2013, the City has had several positive meetings and on -going discussions with
the Iowa DOT regarding the potential Transfer of Jurisdiction (TOJ) for the continued
development and advancement of the Southwest Arterial.
The on -going collaborative discussions have resulted in the Iowa DOT preparing a
Memorandum of Understanding (MOU) between the City and the State. The following is a brief
summary of the overall intent and principle objectives as set forth when developing the MOU:
• The Iowa DOT proposes to re -route a portion of U.S. 52 in Dubuque.
• The City is developing the Southwest Arterial which will connect U.S. 20 to U.S. 61/151.
• The Iowa DOT proposes to utilize the Southwest Arterial to carry a portion of re- routed
U.S. 52 traffic.
• The Iowa DOT and City, in joint cooperation propose to transfer the jurisdiction of the
Southwest Arterial from the City to the State of Iowa in exchange for the Transfer of
Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52 /Iowa 3
8
from the Iowa 32 /John Deere Road intersection to the intersection of U.S. 61 in
downtown Dubuque, from the State to the City, after the Southwest Arterial is completed
and open to traffic.
The purpose of the MOU is to provide the general details of the proposed transfer of
jurisdictions and the overall terms, conditions and responsibilities that are mutually agreed upon
between the City and the State; which are summarized as follows:
• The City hereby agrees to continue as the lead agency for the development and
advancement of the Southwest Arterial and will be responsible for the completion of the
following project improvements:
Table 1
Project Description
Cost
Estimate
Federal
Funding
Local Funding
FE - Final Engineering Design
$ 10,804,400
$ 8,643,520
$ 2,160,880
ROW - Property Acquisition
$ 12,800,000
$ 10,821,907
$ 1,978,093
Gas Pipeline Utility Relocation
$ 2,200,000
$ 1,760,000
$ 440,000
North Cascade Road
Reconstruction
$ 3,868,581
$ 3,362,771
$ 505,810
English Mill Road Reconstruction
$ 3,852,200
$ 3,081,760
$ 770,440
Military Road Reconstruction
$ 6,380,000
$ 5,104,000
$ 1,276,000
TOTALS:
$ 39,905,181
$32,773,958
$ 7,131,223
• Table 2 summarizes the current status of federal earmark funding hat has been
appropriated for the project to date. The City will use all federal earmark money
available for continuing the advancement of the Southwest Arterial and completing the
project improvements outlined in Table 1, and other eligible projects.
Table 2
Appropriation Description
Federal
Funding
Authorized
Federal
Funding
Obligated
Federal
Funding
Available
SAFETEA -LU (HP1145 / IA082)
$13,678,482
$13,678,482
$0
SAFETEA -LU (TI114 / IA184)
$3,787,661
$3,787,661
$0
SAFETEA -LU (TI133 / IA203)
$6,161,745
$1,112,988
$5,048,757
SAFETEA -LU (TI122 / IA192)
$4,983,765
$0
$4,983,765
2009 Appropriation Bill (THUD IA
243)
$389,533
$389,533
$0
2010 Appropriation Bill (Omnibus IA
229)
$950,000
$950,000
$0
ARRA Stimulus
$2,909,534
$2,909,534
$0
TOTALS
$32,860,720
$22,828,198
$10,032,522
• Table 3 summarizes the maximum Cty and County funding, including both federal
earmark funding for the Southwest Arterial and the required 20% local match funding for
9
continuing the advancement of the Southwest Arterial and completing the project
improvements set forth in Table 1.
Table 3
Funding Source
Amount
Federal Earmark Funding
$ 32,860,720
Local Match Funding
$ 7,152,913
TOTAL FEDERAL / LOCAL
FUNDING:
$ 40,013,633
• Any funds remaining after the completion of project improvements and project
development efforts outlined in Table 1 shall be available and applied toward
construction costs or other state funding obligations for the Southwest Arterial as
mutually agreed upon and as allowed under Iowa Administrative Code.
• The Iowa DOT will take over as lead agency for the completion of the Southwest Arterial
upon the City completing said improvements as outlined in Table 1.
• The Iowa DOT will be responsible for all costs of the Southwest Arterial beyond those
available from federal earmark funding and local match funding as described in Table 3.
The Iowa DOT will be responsible for the construction costs of overpass and
interchange structures.
• The Southwest Arterial will be eligible for primary road funding prior to the Transfer of
Jurisdiction to the Iowa DOT, contingent upon the approval of the Iowa DOT
Commission.
• Paving of the trail and enhanced landscaping along the Southwest Arterial corridor will
not be an Iowa DOT cost. In addition, the costs of meeting the City's sustainability
initiatives, if any, that are in addition to costs currently identified and estimated, will not
be an Iowa DOT cost.
• The City is responsible for the utility relocations necessary for construction of the
Southwest Arterial as required by Iowa Administrative Code. The Iowa DOT may be
responsible for the costs of utility relocations allowed by Iowa Administrative Code and
not funded through Federal and local funding described in Table 3.
The exact dates of the Transfers of Jurisdiction will be set at a future date and will be mutually
agreed to by the Iowa DOT and the City.
Due to the monumental and historic significance of executing the Memorandum of
Understanding for the Southwest Arterial Project, the City, in partnership with the Iowa DOT,
held a Signing Ceremony and Reception on August 9, 2013.
Requested Action:
The City requests any additional financial assistance that can be provided on the federal and
state level, as well as continue your support of the Iowa Department of Transportation
Commission to maintain its current programmed funding for the Southwest Arterial in the Iowa
5 -Year Highway Transportation Improvement Program, which includes $45 Million Programmed
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for the Southwest Arterial. Even with this allocation and other available funds, the project is in
need of an additional $50 million.
Iowa's Road Use Tax Fund (RUTF)
The State of Iowa's current Road Use Tax Fund revenues are inadequate to meet its needs,
along with those of its cities and counties, to properly maintain Iowa's highways, roads and
streets, or meet the demand being made upon all three levels of government for new and /or
expanded roadways.
Requested Action:
Reconsider and act upon the recommendations made to the 81st General Assembly of the Iowa
Legislature by the Iowa Department of Transportation in its report entitled "Study of Iowa's
Current Road Use Tax Funds (RUTF) and Future Road Maintenance and Construction
Needs ". Please enact a gas tax increase.
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.
Requested Action:
Support efforts to continue the strategy for funding major transportation projects throughout the
state.
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.
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.
Flood Mitigation Program
Federal Emergency Management Administration has asserted that for every one dollar
expended in disaster mitigation programs /projects, taxpayers save four dollars in recovery
costs. The newly established State Flood Mitigation program is designed to leverage local and
federal dollars with state financial assistance and is funded up to $600 million over the next
twenty years. This amount will most likely be insufficient in addressing the flood mitigation
infrastructure demands of Iowa cities.
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Requested Action:
We urge legislators to continue to appropriate funds annually to the flood mitigation account in
order to support local governments faced with high costs of these public infrastructure flood
mitigation programs in order to protect the lives and property of Iowa citizens.
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 for the
mandated additional staff, equipment and infrastructure.
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.
Border Communities Incentive
In the 2006 Iowa legislative session, House File 2731 was approved to create the Targeted
Jobs Withholding Tax Credit Program. The Iowa Economic Development Authority 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. This program is currently only available to four cities;
Sioux City, Council Bluffs, Keokuk and Burlington.
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.
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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
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 a significant increase annually in state aid.
Requested Action:
Support efforts to increase funding for the Enrich Iowa program.
Adult Entertainment
The City supports efforts by city attorneys to create legislation that would allow the city to
regulate adult entertainment. Draft legislation would provide that cities and counties would
regulate establishments that offer, allow or permit nude or semi -nude dancing.
Requested Action:
Support legislation drafted by city attorneys of Iowa giving the City authority to regulate adult
entertainment establishments.
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Hotel and Food Establishment License Fees
In 2007, a bill passed to increase various food license (restaurant, grocery store, etc.) fees and
hotel fees by a range of 20 - 30 %. This increase did not result in an amount that pays for the
cost of doing risk -based inspections, as required by Iowa Code.
Requested Action:
• Authorize an increase in food licensing fees to fund state and local food safety program
activities as required by the Iowa Code and minimize the need to use local tax dollars to
provide inspection services.
• Adopt fees for plan reviews of new food establishments, compliance follow -ups, school
food programs and reoccurring temporary events. These fees should be established at
levels adequate to compensate for the cost of providing these services.
• Support a revised food licensing fee schedule (rounded up to a whole number) and
make both retail food establishment fees and food service establishment fees the same
to reduce customer confusion.
• Place food fees into the Administrative Rules and link it to the Consumer Price Index so
that it can increase annually to keep pace with the rising cost of the program.
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.
The City of Dubuque Health Services Department inspects school food lunch programs (which
actually cook food on -site vs. just serving food prepared at another site) two times per year, but
does 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 has added 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.
Notice of Violation
Currently, a notice of code 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 mailing of each notice.
Requested Action:
Iowa Code Section 364.12 (h) changed to allow mailing via regular mail.
Childhood Lead Poisoning
Childhood lead poisoning is endemic to Iowa. Of Iowa children born in 2004, 97.7% were tested
at least once before the age of six years, and 3.7% of these children were lead- poisoned On
eight counties, more than 9% of the children were lead- poisoned). At the national level, the rate
of lead poisoning among children under the age of six years is so low that it is no longer
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reported. Homes built prior to 1978 are likely to contain lead -based paint, and lead -based paint
hazards are the leading cause of childhood lead poisoning. In 2009, the Iowa General
Assembly passed a law requiring all children to have proof of a blood lead test prior to entering
kindergarten. The percentage of children tested for lead poisoning has increased greatly, as
has the percentage of younger children in general.
Further complicating lowan's ability to help their children, the Centers for Disease Control (CDC)
eliminated a $594,000.00 grant which the Iowa Department of Public Health (IDPH) has
historically received annually. This resulted in a 25% reduction in funds going to local health
departments for lead poisoning surveillance activities, and, more importantly, essentially
eliminated the technical capacity of the state level especially for data compilation and analysis.
As IDPH keeps less than 5.0% of state funds allocated to the lead poisoning preventing
program, staff time will now be used for enforcement activities related to contractors and
inspectors, rather than the tracking and treatment of poisoned children and maintaining accurate
data.
Requested Action:
Appropriate adequate funds to allow the Iowa Department of Public health to continue its crucial
role as a technical advisor to local childhood lead poisoning prevention programs (CLPPP), and
increase funding levels for local CLPPP programs.
Local Option Sales Tax
The State should give consideration to increasing the allowable local option sales tax from 1%
to 1.5 %. This would allow local governments more flexibility to deal with any negative impacts
property tax reform may cause. In the case of Dubuque, an increase of 0.50% in local option
sales tax would generate approximately $4 million dollars, half of which is used for property tax
relief.
Requested Action:
Increase the allowable local option sales tax from 1% to 1.5 %.
Municipal Fire and Police Retirement System of Iowa
Police and firefighter pensions are funded through the Municipal Fire & Police Retirement
System of Iowa (MFPRSI). Employees contribute a fixed 9.4 percent of their salary, while their
employers contribute at a variable rate, with a statutory minimum of 17 percent. The problem
for city budgets is that the employer contribution is on the rise.
The city contribution rate is set by the nine - member MFPRSI board to meet actuarial
requirements. The board includes four members representing police and firefighters, four
members representing cities, and one private citizen — all serving four year terms.
The employer contribution rage was 17 percent from fiscal years 1997 through 2003. As a
result of market crashes after the September 11, 2001 attacks, it was gradually raised to 28.21
percent in Fiscal Year 2006 before again dropping to the statutory minimum in Fiscal Year 2010.
Since then, it increased to 19.90 percent in Fiscal Year 2011, 24.76 in Fiscal Year 2012, 26.12
percent in Fiscal Year 2013, 30.12 percent in Fiscal Year 2014 and 30.14 percent in Fiscal
Year 2015, it's also expected to increase in Fiscal Year 2016.
The problem with MFPRSI is largely about the variability of the contribution rate. Cities' IPERS
contribution rates since 1994 have never been below 8.38 percent and never been above the
current 8.93 percent — a difference of 21 percent. With MFPRSI during the same period,
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however, the difference between the statutory minimum and the maximum (30.12 percent in
Fiscal Year 2014) is almost 77 percent.
Another small but contributing factor is the state's decision to phase out payments to MFPRSI.
At one time, the state contributed 3.79 percent of payroll to the system — an amount that would
be more than $9 million now. Then the contribution level became a flat $2.7 million — and it's
dwindled since then. The state used to contribute $1.5 million a year and now they contribute
zero.
In a larger context, the public - safety- pension issues relates to local control. Cities cannot
bargain with police and firefighter unions on pensions, yet they have to fund them at state -
mandated levels. That is particularly relevant in a legislative session with expected proposals to
limit local- government revenue — including significantly reducing commercial property -tax rates
and cutting maximum annual agricultural -and residential - property -tax increases to 2 percent
from the current 4 percent.
Requested Action:
The State of Iowa shall fund their obligated percentage for their share (3.79 %). Change
legislation to lift the cap for employee contribution (City contribution rose 51 % in 3 years,
employees should help with this cost). Consider reducing enhanced benefits for new
employees coming 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
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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
The Dubuque Regional Airport supports the dedication of aircraft use tax revenue to the State
Aviation Fund. We also support and encourage all aviation registration fees and use taxes going
into the State aviation infrastructure fund as the office of aviation is currently doing the job of
collecting those taxes.
Requested Action:
Oppose efforts to eliminate vertical infrastructure funding for commercial and general aviation
airports. Any language to remove Rebuild Iowa Infrastructure Fund (RIIF) will be opposed. The
Dubuque Regional Airport can rely on the revenues generated by the existing tax structure with
periodic fuel tax increases, but will not rule out any option for future funding if required.
Commercial Service Airports
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.
Aviation Tax Policy
Iowa airports and aviation industry have requested sales and use tax policy changes to remain
competitive with our neighboring states. Our customers are traveling to Minnesota and
elsewhere for work on their aircraft which used to be performed in IA. Unless this trend is
reversed, this will lead to loss of jobs, closed businesses and weaker aviation industry.
Requested Action:
Aviation related taxes and tax policies must be competitive and comparable with neighboring
states.
Commercial Air Service Retention and Expansion
Iowa's economy depends on regular, dependable and affordable commercial air service.
Keeping, enhancing and expanding service is essential to the economic recovery of all corners
of the state. Iowa needs a passenger air service retention and expansion plan.
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Requested Action:
We recommend the establishment of an air service retention committee made up of the Director
of the Department of Transportation (or their designee), 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 within one
year of establishment. The committee shall meet at least annually each successive year.
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. Shotguns lack the range for large open spaces like airports. The elimination of
the wildlife hazards should not be considered hunting and the techniques for the elimination
of the hazard should include any weapon legal anywhere in the State of Iowa at the discretion of
the airport management. We are not hunting, we are removing a threat to life and property.
Requested Action:
A change to the shooting permit language is needed. Specifically items (9) "Legal weapons and
restrictions will be governed by 571- 106.7(481.A). Center -fire rifles are currently legal only in the
southern two tiers of counties in Iowa." Also requiring changes is line (10) "All other applicable
deer hunting rules and pertinent license requirement apply to shooting permits." Allow airports
the use of rifles to eliminate wildlife hazards to flight.
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.
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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.
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.
Increased /Stable Funding and Staffing for Mines of Spain State Recreation Area
The ability of 1,400 acre Mines of Spain State Recreation Area near Dubuque to remain a focal
point for environmental and cultural educational programs and interpretive activities for the tri-
state area of Iowa, Illinois, and Wisconsin is seriously threatened by tenuous State funding.
Local Response to State Needs
The Mines of Spain is a regional destination where visitors and residents can reconnect with the
natural, cultural and ecological aspects of the park through interactive and comprehensive
outdoor and indoor learning opportunities.
The Mines of Spain and the E.B. Lyons Interpretive Center currently serves over 250,000
visitors annually and provides hundreds of programs for school aged children, college students,
youth groups and families.
When more space was needed at the Interpretive Center, the Friends of the Mines of Spain
(FOMOS) planned and coordinated an expansion that updated and more than doubled the
original space for educational purposes, raising $1.8 million in private, local, state and federal
funds.
The award - winning LEED - certified Interpretive Center now welcomes visitors to one of the
region's best - conserved natural and cultural resources, where people can explore the history
and natural riches of the park.
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Working with the IDNR, the City of Dubuque, the FOMOS, and the Iowa Natural Heritage
Foundation have raised over $1.5 million to acquire and develop a 52 -acre addition adjacent to
the Interpretive Center.
A Unique State Park with National Park Credentials
The Mines of Spain State Recreation Area includes woodlands, prairie, and blufflands that
overlook the Mississippi River along a 3 -mile shoreline. This state park is a National Historic
Landmark and a state preserve. Trails connect visitors to a farm site, forests, prairies,
archeological sites, and wetlands.
It also boasts some of the most diverse ecological habitats ranging from blufflands that overlook
the river to tall grass prairies, forested woodlands and wetland.
This National Historic Landmark also contains thousands of years of human history dating from
the early Mississippian period through the early 20`h century. Mounds, village sites, rock
shelters, trading post sites, and campsites dot the landscape. The Mines of Spain Recreation
Area was designated in 2005 as a Silos and Smokestacks National Heritage Area Site.
State Support for Investment and Operation
The IDNR, the City, and the Friends group have an excellent track record as partners. This
partnership success can continue with the increased and stable funding for the operation,
maintenance, and staffing of the Mines of Spain. Success, we believe, will be reached with
asset management funding from secure State funding sources to enable us to fully use the
expanded Interpretive Center and park area. With stable State funding, Park staff can maintain
the Mines of Spain as the local, regional, state and national treasure it is and should remain.
The outcome is a place for expanded education, increased experiences for the visitor and
heritage tourism to attract more visitors to the state.
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.
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. Interest from the REAP account and receipts from the sale of natural
resource license plates add about $469,000 to this appropriation for a total of $16.47 million a
year.
In the last two years, REAP has been appropriated $12 million and $16 million, compared to the
25 year average of $11.1 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
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
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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.
State Equalization Orders:
Agricultural values are figured using CSR's and valuing the ground based on a productivity
formula that compares income and expenses over a 5 year period. All of this information is
collected on a countywide basis to arrive at a countywide per acre value. Cities with a City
Assessor are then asked to value their agricultural acres to match the countywide acre price.
This works fine if the agricultural ground in the city is the equal of the rest of the ground in the
county. If the average CSR is less in the city than the county it creates inequities because
ground with the same CSR's or productivity in the county is valued lower than the ground in the
city. If agricultural ground in Dubuque County is annexed into the City of Dubuque the assessor
needs to raise the value 10 %. The ground did not become more productive so why raise the
value.
Requested Action:
When figuring equalization orders for Counties that have a City Assessor use both the City and
County Agricultural values to figure if an order is needed.
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.
Arts and Culture
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
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economic vitality. Nationally, the nonprofit arts and cultural segment alone produces $135
billion dollars in economic impact in the United States.
According to the National Assembly of Arts Agencies, Iowa ranks 40th of all states in per capita
spending of 43 cents for arts and culture. The National average is 97 cents. Neighboring states
are ranked higher than Iowa: Minnesota 1st ($6.36); Missouri 20th (80 cents); Nebraska 2nd (78
cents); Illinois 21st (79 cents). These total FY2014 appropriations include line -item funds
designated by the legislature to pass through the state arts agency to other entities.
In 2011, Dubuque participated in the most comprehensive economic impact study of the
nonprofit arts and culture industry ever conducted in the United States, Arts & Economic
Prosperity IV. It was conducted by Americans for the Arts, the nation's leading nonprofit
organization for advancing the arts and arts education. The City of Dubuque was one of 182
study regions that participated in the study.
In 2012, results showed that the nonprofit arts and culture industry in Dubuque generates $47.2
million in annual economic activity, supporting 1,530 full -time equivalent jobs and generating $5
million in local and state government revenues and $36.7 million in household income to local
residents.
The arts mean business. Leaders who care about the community and economic development
can feel good about investing in the arts. What other industry can boast the quality of life
benefits and the economic benefits the way the arts can?
The arts have a vital role in stimulating and sustaining economic development. Contrary to
popular belief, the arts are a bustling industry that supports a plethora of diverse jobs, generates
significant revenues for local businesses, contributes to federal, state and local governments
and provides quality of life that positions communities to compete in our 21st century creative
economy.
The Dubuque City Council has been a strong advocate for a strong advocate for a strong arts
presence, making arts and culture a top priority for the last two years in a row.
In 2004, the 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 an additional
$10,000 was added to that annually beginning in 2011. Another $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. The position is now fully funded by the
City. 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. 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 has recognized the need for
master arts planning which would include a public art plan in order to advance its' reputation as
a regional arts hub.
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The City of Dubuque has provided $3 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: $1.6 million
has been awarded through the Operating Support Grant Program; $345,000 has been awarded
through the Special Projects Grant Program that has leveraged a total of $814,192 in arts
projects in our community, and; $205,000 has funded the Art on the River annual temporary
public art exhibit at the Port of Dubuque.
We are pleased to see that funding programs in the last budgeting year were restored
somewhat from previously years. City funding alone is insufficient for the arts to flourish in
Dubuque. The support of grant programs through the Department of Cultural Affairs is vital to
the organizations and artists in Dubuque. The City currently has no funding programs for
individual artists, so the Iowa Arts Council Project Grants help our local artists tremendously.
Transforming the former ICCG Grant into the Jobs Creation Grants will assist many small
organizations in our City to expand their capacity. On September 23, 2013, Iowa Arts Council
staff presented a grant writing workshop in Dubuque which was highly attended, especially by
younger art leaders in the community. Interaction with and support of a knowledgeable staff is
integral to our state's arts and cultural initiatives.
Requested Action:
Regard arts as an Iowa industry that is an economically sound investment that attracts
audiences, spurs business development, supports jobs, generates state and local government
revenue and is the cornerstone of tourism. 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,
and increasing economic development. 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.
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.
Since this will be the second year of a biennial budget, we encourage you to formulate strong
funding strategies to increase the budget of the Department of Cultural Affairs in advance of the
2015 legislative session when a new budget process opens.
Raise the ranking of Iowa from 40`h place in per capital spending for the arts and culture as
reported by the National Assembly of Arts Agencies, Iowa ranks 40`h of all states in per capita
spending of $.43 for arts and culture.
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.
23
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
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.
Additionally, the City supports Iowa Renewable Energy Jobs 2020's efforts to create Iowa clean
energy jobs and save Iowans on their energy costs. The state should consider policies that
support the objectives above in order to expand renewable energy and energy efficiency and
reduce transportation costs.
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. Adopt rules similar to those
already implemented in other states.
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
24
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
Medicaid Reimbursement for Same -Day Medical, Oral Health and Behavioral Health
Services
Iowa's Community Health Centers (CHCs) provide care to more than 69,000 Medicaid patients,
which is 16% of the state's total Medicaid population. As unique primary health care providers
that conveniently offer medical, oral health and behavioral health services under one roof, CHCs
frequently see patients who have scheduled appointments for more than one type of visit on the
same day (for example, a patient will schedule a yearly medical exam and a dental cleaning on
the same day). Unfortunately, current Iowa Medicaid reimbursement policy does not allow
CHCs to be reimbursed for more than one visit if they occur on the same day.
As Iowa moves toward providing a patient centered medical home (PCMH) for all Medicaid
recipients, changing this reimbursement policy is instrumental in achieving the PCMH goal of
providing patients the necessary care when and where they need and want it. Allowing patients
to schedule same day appointments with more than one provider can alleviate barriers to
accessing services, such as transportation to the health center. Reimbursing for each of these
visits will ensure CHCs can cover the costs of providing care and help maintain their viability.
Allowing reimbursement for same day visits will also facilitate the implementation of an
integrated primary and behavioral health model at CHCs. This model, which is clinically
effective and cost effective, utilizes close collaboration between a CHC's medical and
behavioral health staff to provide a seamless continuum of care for patients. Visits ideally occur
to both on the same day, reducing the high failure rate of referrals to behavioral health and allow
for better coordination of medical and behavioral health problems.
Other states already recognize the value of providing Medicaid same -day reimbursements: 27
states pay for substance abuse visits on the same day as medical visits; 32 states pay for
mental health visits on the same day as medical visits; and 35 states pay for oral health visits on
the same day as medical visits.
Requested Action:
Allow Medicaid reimbursement for same -day medical, oral health and behavioral health
services.
Combined Emergency Communications and Emergency Operations Center
Dubuque County has experienced eight presidential disaster declarations since 1999.
Increased frequency and impacts of disasters on the City of Dubuque has created the need for
expanded facilities. Combining emergency operations and communications will deliver services
more effectively and efficiently to citizens of Dubuque and Dubuque County.
Emergency Operations Centers have been in place throughout the state of Iowa for decades.
The City of Dubuque's Emergency Operations Center is currently located at the Dubuque
25
Emergency Responder Training Facility had been previously located in the Dubuque Fire
Headquarters basement since the mid - twentieth century. EOCs were built during the Cold War
and with a focus on civil defense. Today, with more frequent and extreme weather events as
evidenced by Dubuque's high number of Presidential Disaster Declarations, demand for a new
combined center is evident.
The Emergency Communications Center is located in the Dubuque County Law Enforcement
Center. It is located in the middle of the building and is restricted for future growth. Currently
there are 4 console positions and with the numbers of calls and the severity of some of them,
there is a need to have additional capacity for call taking and dispatching. The Center has been
remodeled several times and future expansion is limited.
In order to respond to the well -being and safety of the citizens of Dubuque, and to the increased
demand for services created by more frequent disasters, and in order to replace aging and
inefficient facilities, efforts are underway to explore funding opportunities that would enable the
creation of a combined Emergency Communications and Emergency Operations Center.
The State of Iowa has partnered with many larger city /county governments to assist in funding
combined emergency communications centers and emergency operations centers.
Requested Action:
Work with area legislators to explore opportunities for partnership and funding for a combined
Emergency Communications and Emergency Operations Centeeer.
Sledding and Tobogganing Liability
Unlike claims based upon or arising out of a person skateboarding, in -line skating, bicycling,
unicycling, scootering, river rafting, canoeing or kayaking on public property, Iowa's tort liability
laws does not provide immunity to cities from claims based upon recreational sledding injuries.
In order to correct this deficiency and protect Iowa cities, the Iowa legislature can, through
legislation, provide immunity for local governments by adding sledding and tobogganing to the
list of other recreational activities (swimming, bicycling, in -line skating, skate boarding, kayaking,
etc.) to the Iowa Code. When no fee is charged and no representations of safety are made,
asking adults and parents to gauge the risks of an activity and be responsible for themselves or
their children is not unreasonable. Particularly when balanced against the public's possible loss
of the recreational opportunity. Nearly all of our neighboring states have granted immunity.
Requested Action:
Address language in Iowa Code through legislation, adding sledding and tobogganing to the list
of governmental recreational immunities.
Dubuque Racing Association
The City of Dubuque recognizes the great value that Greyhound Racing brought to Dubuque in
1985. The creation of the Dubuque Racing Association and the citizen referendum that
financially supported building the Dubuque Greyhound Park are important milestones in the
history of Dubuque. However, clinging to that industry even though it has fallen into a financial
death spiral would be a costly mistake. The Dubuque Racing Association is losing almost $4.5
million per year going forward by subsidizing greyhound racing. This is money that would be
used to distribute to charities and the City.
Requested Action:
Remove greyhound dog racing requirement from the Dubuque Mystique Casino
26
$500,000
$450,000
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$0
VD
50
20
Greyhound Tracks Open 1985 - 2012
54 54 5-
52 51
45
-13
cr:
liUhlIllIll'
Him
34
31
L1 23
71 21
1585 1986 1983 1.9 1990 _991 1992 1393 _+9e, 1935 L.2913 Off,: 2W1.:'Luu .1.. 1005 2006 20:17 2nnM 7r:i• 7!7'17 7niI 75+7
Dubuque Purse from Live Handle 1996 - 2012
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
• Purse from Handle
27
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
Dubuque Purse from Live and Casino Supplement
II II I
IlIlIllIllIllIll
I I I I I I I I I I I I I I I
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
- $1,000,000
- $2,000,000
- $3,000,000
- $4,000,000
- $5,000,000
- $6,000,000
19% 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
■ Purse from Handle ■ Purse from Casino
Net Income (Loss) from Greyhound Operations
1985 - 2012
I I 1 I I I I I I I 1 1
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
28
Net Income (Loss) from Greyhound Operations 1985 - 2012
Fiscal Year Net Income (Loss)
1985 $452,204
1986 $2,214,931
1987 $1,947,505
1988 $2,488,188
1989 $2,738,093
1990 $883,770
1991 $250,449
1992 ($650,729)
1993 ($1,499,930)
1994 ($1,420,651)
1995 ($2,296,042)
1996 ($1,256,981)
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
Tota I
($1,703,232)
($2,025,586)
($2,571,937)
($2,704,439)
($2,869,334)
($3,065,435)
($4,098,528)
($3,584,670)
($4,109,570)
($4,307,291)
($4,438,318)
($4,769,848)
($5,207,412)
($4,845,952)
($4,524,908)
($4,380,578)
($55,356,231)
29
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$0
Casino Supplement Purses vs. Charitable Distributions
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
® Casino Supplement Purses
30
Charitable Distributions
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
Contributions to City of Dubuque
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
31