2015 State Legislative Priorities Copyright 2014
City of Dubuque Consent Items # 6.
ITEM TITLE: 2015 State Legislative Priorities
SUMMARY: City Manager submitting the 2015 State of Iowa Legislative Priorities for
adoption and presentation to legislators at the annual Legislative Dinner.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ 2015 State Legislative Priorities-mvm memo City Manager Memo
❑ Supporting Documentation Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2015 State Legislative Priorities
DATE: November 24, 2014
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 2, at 5:15 p.m. at the Grand River Center.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE Crry OF Dubuque
bmw State Legislative Issues
DUB E �III�' 2015 Session
Masterpiece on the Mississippi �. Iowa General Assembly
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 in partnership with
local private sector and non-profit leaders and state and federal government officials.
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
64 corporate projects which have 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 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 Business and Careers."
Comparing job growth from October 2013 to October 2014, Iowa had a net increase of 15,400
and Dubuque MSA had a net increase of 2,000. Dubuque's job growth was 13% of the State of
Iowa. Dubuque is now at 61,600 employed up from 38,600 in the 1980's. From January 2011
1
through 2012, Dubuque created 12% of the net newjobs in the entire State of Iowa (+1,100 new
jobs), with only 3% of the State's population. The prior year Dubuque created 1,200 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
partner with the Iowa Economic Development Authority. This is certainly the case with the
1,300 jobs created by IBM, the over 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 100
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
$200 million in investment leveraging new business creation and much needed workforce
housing for Dubuque. This Historic Millwork District slum and blight subarea TIF was
established in 2008. Legislative proposals which place restrictions on Slum and Blight Urban
Renewal TIF Districts would rapidly dissolve the City's financial investment in this priority project
for the City of Dubuque.
The City's new 125 acre industrial area would not have been possible if the proposed legislation
forcing "sun-setting" of economic development TIFs would be put in place.
The City of Dubuque has successfully and responsibly used tax increment financing to create
more jobs per capita than any other city in the State of Iowa.
Proposed TIF reform that would prohibit the use of TIF revenue on public buildings, which would
stop the creation of parking ramps and City efforts to restore the Historic Federal Building would
be opposed by the City of Dubuque.
The City of Dubuque understands the need for increased transparency, fastidious data
collection and antipiracy language in TIF reform but cannot support reform that limits or sunsets
the City's use of slum and blight and economic development TIFs.
Even in these areas, the language should be narrowly crafted so as not to stifle economic and
community development activities by cities. No language should be included that could limit or
destroy job creation and economic development potential that exists in current TIF laws.
Requested Action:
Support efforts to maintain Tax Increment Financing as an economic development
financing tool. Oppose restrictions on use of TIF for public infrastructure and oppose the
"sunsetting" of TIF districts.
2
City of Dubuque
New Taxing Bodies Tax$- Retiring TIF Districts,in First year of Expiration
$1ra8]$l6
S1.600,000 •Dao,5 o"',
•OW,$519,153
$t,SW,O3J •caoiry,$3@b15
$I.C@.tlp :m.,$6x591
p*,G$35M3
$1.200,000 •.D,$3IIAB9
$111001000 Saul •Cry.$335,930
lixervaea •..D,$2x9.539
$l,C@,tlp •WID,$2011,,771 •Ory,$1]3,313 •C lm, $13]¢15
&N V,5Q1p •CaW,$101,091 •Otba$1,10
$700.000 •NIC4$10,498 •Nla, $11,83
$
$700.0010 .Other.$10,W1 •Omer.511,732
$Boon Stsl.as,
Ss@.Doo
$300.0@
$xroc00 SaF2D
$M00,
5
Prred TeN 9abor DIC.-A6•m• Qwbemr-i@5 4ryer-2@2 DION-aularen
Redmetlb -1U B-ZOU D-x@2
iaMry7WNs
Total Annual Return to Schools, County& City=$3,766,044
The Is vfiet Bill go to the Taxing Bodies in the first year after expiration of the Urban Renewal Dislrip.
Based on current lax rete of Taxing Bodies and 1/1/11 assessed value,even though It is expected that the asus M value could increase
before the district expiration.
Abs,there is still undeveloped properly in Tech Park South,Dubuque Industrial Center Wera-Subarea B,Subarea C&Subarea D.If Mose
ages were devebped before expiration at the more geneai value of the covert development the Tech Park south would generate
$1,150,/58 in this fiscal year(2019);DICW-Subarea B would generate 53,015,111(2020);DICW-Subarea C 52,055,916(2031)&
Subarea D$1,570,898(2031).The grolestiens are based on assessed values increasing 3%each year.
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 ft 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.
3
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.
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 ourfinancial 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
4
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 raising 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
the 2010 legislative session.
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?
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.
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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.
Quality of Life and Community Enhancements
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.
Workforce Housing Tax Credits
The "sun-setting" of the Iowa Economic Development Authority's Enterprise Zone program in
2014 resulted in the creation of two new tax credit opportunities under the High Quality Jobs
Program; one for economic development and the second for workforce housing. The City of
Dubuque supported this policy decision in the 2014 legislative session however some
refinement of the workforce housing tax credit program will be necessary in the 2015 legislative
session in order to meet the demand identified in the State's workforce housing study completed
in 2012. The legislative changes in 2014 expand access to the worthwhile housing program, but
the cap is unnecessarily limiting.
Requested Action:
The City supports moving the workforce housing tax credits out from under the
aggregate Iowa Economic Development Authority's Economic Development Tax Credit
Cap. The workforce housing program is a housing program and not a direct economic
development incentive and should not be restricted as such.
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Transportation
Legislative Code Change
Dubuque is the regional economic center for the Iowa, Illinois and Wisconsin tri-state area. With
local international companies and businesses such as the John Deere Dubuque Works,
Nordstrom Distribution Center, Mc Grew Hill Publishing Company, AY
McDonald Manufacturing, Flexsteel Industries, Kendall/Hunt Publishing
and Hormel Food Corporation, a 21st century transportation
infrastructure system is essential. In order to continue the consistent and
strong economic growth and job creation in the tri state area, critical
transportation infrastructure requires increased state and federal funding.
Transportation projects and improvements in Dubuque include:
Completion of the four lane South West regional connector
Planning, design, ROW acquisition and construction of the East West Corridor
Improvements and enhancements of the at grade railroad crossings in Downtown Dubuque
Street improvements and more
Requested Action:
In order to increase transportation revenue for these and other important transportation
projects the City requests support of the Iowa Department of Transportation Commission
to maintain its current programed funding for the Southwest Arterial in the Iowa Five
Year Highway Transportation Improvement Plan and increase the funding to ensure
paving of a four lane arterial connector. In addition, the City supports language change
in the Iowa Code to allow for periodical allocation of monies from the fund for the
establishment, construction and maintenance of the secondary road system and
municipal street system in exchange for retaining all or a portion of the federal aid road
funds that would otherwise be allocated to cities and counties.
Iowa's Road Use Tax Fund (RUTF)
Local governments recognize that local transportation systems carry great importance not only
for public safety and quality of life, but also for mobility, commerce, community vitality and
economic development. The transportation system is in demand 24 hours a day, regardless of
its road and bridge conditions or other factors. When existing funding sources are inadequate to
address failing or deteriorating infrastructure needs, local governments are faced with aging and
limited infrastructure as well as safety concerns. 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 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".
Increase funding for Iowa transportation infrastructure.
7
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 the State of Illinois to implement passenger rail
service between Chicago and Dubuque. Currently funding provides for connection from
Chicago to Rockford, Illinois.
Requested Action:
Support the return of passenger rail from Chicago to Dubuque.
Airport Infrastructure Funding
The City of Dubuque supports dedicating all aircraft use tax
revenue to the State Aviation Fund and not to the General -
Fund. The City also supports directing all aviation
registration fees and fuel taxes into the State aviation infrastructure fund. These funds are
collected by the state office of aviation. The City of Dubuque would oppose any efforts to
eliminate vertical infrastructure funding for commercial and general aviation airports.
Requested Action:
The City of Dubuque supports the current reliance upon revenues generated by the
existing tax structure with periodic fuel tax increases, no new tax nor additional revenue
sources is needed. The City supports dedicating use taxes to the Aviation Fund rather
than the General Fund.
Air Service Development Funding
Air Service retention and recruitment is a critical economic development resource for Iowa.
Proper resourcing commercial airports with the means to perform market studies, advertising,
and airline recruitment will benefit their communities and regions.
Requested Action:
The City of Dubuque supports fund of$60,000 to each of the eight commercial airports
in Iowa annually for Air Service Development.
Commercial Service Airports
At a minimum, increase funding for the highly successful Commercial Service Vertical
Infrastructure program to at least $2.OM (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
$2.0M.
8
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 Iowa. 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.
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.
Protect Airport Zoning and Airspace
Protecting and preserving airport approach and departure paths is one of the main reasons
airport protections were placed in the Iowa Code many years ago. The safety and protection of
the public, pilots and passengers must not be placed secondary to tower siting considerations.
Requested Action:
DBQ opposes any efforts to eliminate, supersede, or lessen the zoning and airspace
protection abilities of local communities for their public airports.
Emergency Management - Homeland Security
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.
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
Emergency Responder Training Facility. It 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. Federal Mandates for P25 radio
systems and the expiring life expectancy of current radio system creates the need to
update Dubuque City/County's radio system within the next three years at a cost of over
$3 million. Updating at current location still creates restrictions on growth and capabilities
during high volume times and disasters.
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 Center.
State Mandates
Cities are often faced with implementing mandates from the state and federal governments
without receiving the necessary funds for implementation.
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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.
State Tax Policy
Dual Class Properties
Senate File 295 created a new class of property called Multi-Residential starting with the
1/1/2015 assessments. Along with properties that are fully Multi-Residential (apartments,
manufactured home parks and nursing homes), the legislation also requires properties that are
commercial/industrial and provide human habitation, (dual classed properties) that those areas
used for human habitation be taxed the same as other Multi-Residential properties.
For the first time in Iowa history, this will create parcels with two classifications. The present
interpretation of this legislation by the Iowa Department of Revenue (IDR), allows only parcels
with a primary use of commercial/industrial to have dual classification. Properties that are
primarily multi-residential but have commercial uses are not allowed to be dual classified, but
instead will be solely Multi-Residential. This is a change from the original rules.
Allowing only primarily commercial/industrial properties to be dual classified will create
inequitable tax burdens between similar properties. Additionally the IDR has given assessors no
guidance as how to determine the primary use of a property. Without guidelines and policies
from the IDR, each assessor will set policy as to how primary use is determined. Even after that
policy is set, there will be some properties that fall just on the side of this arbitrary line and will
receive large tax benefits, while other very similar parcels fall just on the other side of this
arbitrary line and will receive less tax benefits.
An example of this is a downtown building with a retail store on a first floor and apartments on
second and third floor. Depending on the assessor's determination of primary use, the
properties will be taxed differently. If the assessor decides the primary use is the first floor retail
store then the total assessed value is to be split proportionally by value between the commercial
and multi-residential uses. If the assessor decides the primary use is Multi-Residential, the
entire property is taxed as Multi-Residential and no value is assigned to the retail store.
Requested Action:
All properties with multi-residential and commercial/industrial use should be assessed as
dual class properties and taxed as such. The assessed values should be split between
multi-residential and commercial/industrial depending on their contributory value to the
total assessment. This is consistent with the original draft rules.
State Revaluation of Large Office Buildings/Factories/Distribution
Buildings
There was a revaluation completed for January 1, 2014 assessed valuations for commercial and
industrial property. The company hired by the State to do the revaluation applied a size discount
to large office buildings, large factories and distribution buildings state-wide due to the size and
limited number of buyers. Most of Dubuque's large buildings are located within urban renewal
areas. The taxable value in the Greater Downtown Urban Renewal Area was reduced
$22,142,511 which resulted in reduced tax increment financing revenue of$666,122. The
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taxable value in Dubuque Industrial Urban Renewal Area was reduced $3,197,137 which
resulted in reduced tax increment financing revenue of$96,181.The reduction in revenue in the
Greater Downtown TIF urban renewal area has resulted in debt capacity issues. The size
discount should have been applied on a case by case basis.
Requested Action:
Request that size discounts be reviewed more carefully relative to sale data in each
jurisdiction and applied on a case-by-case basis.
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.
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%.
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
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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.
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Library Services
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.
Human Resources
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 30.41 percent in Fiscal
Year 2015. The Fiscal Year 2016 contribution rate will decrease to 27.77 percent and will
continue to decline thereafter.
The problem with MFPRSI is largely about the variability of the contribution rate. Cities' IPERS
contribution rates since 1994 have never been below 5.75 percent and never been above the
current 8.93 percent— a difference of 55 percent. With MFPRSI during the same period,
however, the difference between the statutory minimum and the maximum (30.41 percent in
Fiscal Year 2015) is almost 79 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
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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 79% in 5 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.
Iowa Code Changes
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.
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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.
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.
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.
Planning & Zoning
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
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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.
Park and Recreation
Parks To People Initiative
The Iowa Parks Foundation has been working tirelessly to create economic and recreational
facilities opportunities to grow all regions across the State of Iowa. The Jones, Jackson and
Dubuque county region was selected for the Iowa Parks Foundation's pilot project. The pilot
project - Parks to People- aims to better connect state, county and city regional park systems to
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local communities. The initiative will also beautify and improve state, county and city parks to
ensure Iowa will become a premier parks region in the Midwest. Parks to People is also a
quality of life program for the citizens of the State of Iowa and an
economic development and tourism enhancement initiative with a
focus on completion by the one hundredth anniversary of the
Iowa parks system in 2020.
As a part of the first pilot region (Dubuque, Jones and Jackson
counties), parks in the region will receive $1.9 million in state
appropriation and will assist in raising an additional 5:1 match which will include financial
contributions and volunteer donations of time, talent and resources.
Requested Action:
The City of Dubuque supports the regional Parks to People effort and will promote the
goals of regional collaboration: economic development, quality of life, wellness,
education, arts and culture and outdoor recreation. In addition, the City of Dubuque, as a
regional partner, will serve on the steering committee and advocate for a dedicated fund
of $70 million dollars be established for Parks to People at the State Dept of Natural
Resources.
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.
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
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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.
Requested Action:
Increased state supported funding for assets as well as park staffing for the Mines of
Spain State Recreation Area especially because there are active local partners in the
Friends of Mines of Spain and the City.
Increased funding of REAP (Resource Enhancement and Protection)
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.
REAP has been used extensively in Dubuque for land acquisition and trails. Most
recently it was used to acquire an adjoining property to the Mines of Spain State
Recreation Area and extension of the Northwest Arterial Trail which directly connects to
the Heritage Trail. Both benefit tourism and connecting people to the outdoors with
active recreation.
Requested Action:
Request that the Iowa Legislature work to increase REAP to full funding of $20 million.
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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
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 40" 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 1" ($6.36); Missouri 20" (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 21" 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.
i
In 2004, the Council approved an Arts and Cultural Affairs
i - — 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
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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.
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.
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.
Sustainability
Energy Efficiency & Renewable/Alternative Energv
Recently, the American Council for an Energy-Efficient Economy ranked Iowa 12`h 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
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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. Most
recently, the City joined the IEDA Community Energy Management Program to better manage
energy use in our own facilities. 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 is
critical for all state agencies (including, but not limited to, the Iowa Economic
Development Authority, 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. 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 1) remove
barriers to widespread decentralized renewable energy use, 2) stabilize renewable
energy incentives, and 3) support net metering and other opportunities to make
renewable energy more cost-effective and accessible. One example of this that the City
intends to continue working with the State on is the IEDA Solar Ready Program. 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.
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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.
Public Health
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.
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.
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Requested Action:
Allow Medicaid reimbursement for same-day medical, oral health and behavioral health
services.
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 s, 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 forthe 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 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 26 inspections for a total of
52 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
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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 (in
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
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 Iowan'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.
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 0
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.
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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.
Partnerships
Dubuque Community School District
The creation and sustenance of a strong workforce and vibrant economy in Dubuque and Iowa,
depend upon a well funded educational program, with state of the art facilities, and essential
educational tools.
The scheduled sunset of the one cent sales tax for Iowa school districts restricts Iowa school
districts' bonding ability. In addition, this sales tax is the sole source of funding for technology in
Iowa schools. Sunsetting is scheduled in 2019.
Requested action:
We oppose the scheduled sunset in 2029 of the statewide one cent sales tax for Iowa
schools. We support an extension of the one cent sales tax past 2029 in order to provide
21 st Century education for all Iowa students.
Northeast Iowa Community College
Proposed Regent Policy on Performance Based Funding
Recent proposed policy on performance based funding by the Iowa Board of Regent is well
intentioned however will have significant unintended negative consequences on other Iowa post
secondary educational institutions (community colleges and private colleges and universities), on the
State's stated goal of workforce development and on local and regional economies. The proposed
policy has already impacted regional community colleges with the result of declining enrollment at
Kirkwood Community College (Cedar Rapids), Hawkeye Community College (Waterloo) and North
Iowa Area Community College (Mason City). This policy could impact the University of Iowa as much
as $50 million over the next three years, reducing the number of out of state students and negatively
impacting funding at the University of Iowa's nationally and internationally renown law school,
medical school and Writer's Workshop.
At a time when the State of Iowa is experiencing significant shortages of skilled workers over the
next 10 years and a decline in Iowans of working age, this issue does not help in recruiting out-of-
state students to be educated and hopefully work and start a family in Iowa. We may see existing
businesses choosing to expand in another state and potential businesses electing not to come to
Iowa. The implication on economic development cannot be understated.
Another potential problem involves students enrolling at the three universities who might be better
served at a community college or private college. These students, lured by intense marketing, might
not realize the lack of fit between them and the university environment until it is too late. Some will
drop out and hopefully turn to a community college or private college to continue their education.
Some might simply drop out. Either scenario means that these students would incur college debt
without gaining anything. For those who choose not to re-engage in education because of the
negative experience, they will contribute to the shortage of a skilled workforce. They will be under-
educated and most likely to be unable to pay off their college debt.
Will state universities have the facilities to accommodate the students? Housing?What about
availability of classes? Over-crowding often creates a longer tenure in undergraduate school for
students due to lack of classroom space. Another semester or longer in school means more
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education debt and a delay into the workforce.With limited spaces, more Iowa students at the
universities means enrolling fewer out-of-state students. Do we want to send a message that Iowa
does not welcome out-of-state students?
Requested Action:
Reimbursement to regent institutions based upon admission of Iowa students is not
good policy. Re-open the discussion and do not appropriate for the policy.
Dubuque Area Convention and Visitors Bureau
Dubuque County is a top tourism destination in the State of Iowa. Welcoming over 1.9 million
visitors a year, tourism generates nearly$320 million in expenditures for our local economy and
employs 2,800 people within the county.
National conventions, sporting events, family, class and military reunions, motor coach tours
and more, all take advantage of the amenities that Dubuque, Iowa has to offer including: Port of
Dubuque, Historic Millwork District, Main Street, Field of Dreams, Mines of Spain, Eagle Point
Park and more.
Requested Action:
Continue funding for the regional sports commission grant, support the Tourism
Improvement District legislation and support funding for the Parks to People program
and the State of Iowa Tourism office.
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