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CITY OF IOWA CITY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
November 20, 2008
MISCELLANEOUS
IP1 Council Meetings and Work Session Agenda
IP2 Letter from Mayor Bailey to Governor Chet Culver: Request to Amend Current IDED
Interpretation Concerning CDBG funding
IP3 Letter from Henry Manning to Mayor Bailey: Hazard Mitigation Grant Program (HMGP)
application
IP4 At A Glance [submitted by the City Manager]
IP5 Memorandum from the City Clerk: Budget and Meeting Schedule January -March 2009
IP6 Memorandum from the City Clerk: Thanksgiving week packet distribution
IP7 P.A.U.L.A. Report May -October 2008
IP8 Letter from Tim Taffe to Tom Brase: Iowa City Seats Transportation Program [response
from Tom Brase included]
IP9 Invitation: The Iowa Disaster Recovery Conference December 9-10, 2008
IP10 Agenda: City Council of Iowa City Meeting with Area Legislators December 1, 2008
DRAFT MINUTES
IP11 Planning and Zoning Commission: November 6, 2008
IP12 Telecommunications Commission: October 27, 2008
~~ ®~~ 11-20-08
~'~ "'~'®'"~ Cit Council Meetin Schedule and
~~ y ~
CITY OF IOWA CITY Work Session Agendas November 20, 2008
www.icgov.org
TENTATIVE MEETING SCHEDULE
SUBJECT TO CHANGE
• THURSDAY, NOVEMBER 27
Thanksgiving -City Offices Closed
• FRIDAY, NOVEMBER 28
Holiday -City Offices Closed
• MONDAY, DECEMBER 1 Emma J. Harvat Hall
5:30p Meeting with Area Legislators (Separate Agenda Posted)
6:30p Council Work Session
TBA Special Formal (Separate Agenda Posted)
Executive Session for Six Month City Manager Evaluation
• TUESDAY, DECEMBER 2 Emma J. Harvat Hall
7:OOp Formal Council Meeting
• WEDNESDAY, DECEMBER 10 North Liberty
4:30p Joint Meeting
• TUESDAY, DECEMBER 16 Emma J. Harvat Hall
5:30p Special Work Session
7:OOp Formal Council Meeting
Continue Special Work Session if necessary
• THURSDAY,JANUARY1
New Year's Day -City Offices Closed
• MONDAY, JANUARY 5 Emma J. Harvat Hall
6:30p Council Work Session
• TUESDAY, JANUARY 6 Emma J. Harvat Hall
7:OOp Formal Council Meeting
• SATURDAY, JANUARY 10 Emma J. Harvat Hall
8:OOa - 3:OOp Special Work Session -Budget
• MONDAY, JANUARY 12 Emma J. Harvat Hall
6:30P Special Work Session -Budget
• THURSDAY, JANUARY 15 Emma J. Harvat Hall
1:30p - 8:OOp Special Work Session -Budget
=' ~~'~~
`"'~'®'~~ City Council Meeting Schedule and
-.~...~
CITY OF IOWA CITY Work Session Agendas November 20, zoos
www.icgov.org
• MONDAY, JANUARY 19
Martin Luther King Holiday -City Offices Closed
• WEDNESDAY, JANUARY 28 Emma J. Harvat Hall
6:30p Special Work Session -Budget
Boards/Commissions/Community Events
• THURSDAY, JANUARY 29 Emma J. Harvat Hall
6:30P Special Work Session -Budget
• MONDAY, FEBRUARY 9 Emma J. Harvat Hall
TBA Special Council Work Session
• TUESDAY, FEBRUARY 10 Emma J. Harvat Hall
7:OOP Special Formal Council Meeting
• MONDAY, FEBRUARY 16 Emma J. Harvat Hall
President's Day Holiday -City Offices Closed
• MONDAY, FEBRUARY 23 Emma J. Harvat Hall
TBA Special Council Work Session
• TUESDAY, FEBRUARY 24 Emma J. Harvat Hall
7:OOp Special Formal Council Meeting
• TUESDAY, MARCH 10 Emma J. Harvat Hall
TBA Special Council Work Session
Special Formal Council Meeting
Continue Special Work Session if necessary
• MONDAY, MARCH 23 Emma J. Harvat Hall
TBA Special Council Work Session
• TUESDAY, MARCH 24 Emma J. Harvat Hall
7:OOP Special Formal Council Meeting
• MONDAY, APRIL 6 Emma J. Harvat Hall
6:30p Council Work Session
• TUESDAY, APRIL 7 Emma J. Harvat Hall
7:OOp Regular Formal Council Meeting
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CITY OF IOWA CITY
www.icgov.org
IP2
November 18, 2008 o Q
CITY COUNCIL
The Honorable Chet Culver, Governor
Regenia D. Bailey State CapIt01
Mayor
Des Moines, IA 50319
Mike O'Donnell
Mayor Pro Tem SENT EMAIL; HARD COPY TO FOLLOW
Connie Champion
Amy Correia ~ Dear Governor Culver:
Matt Hayek
Ross wuht-rn Re: Request to Amend Current IDED Interpretation Concerning CDBG funding
Mike Wright
'° You more than anyone understand the challenges Iowa City and other disaster-
affected Iowa communities have faced in 2008. We appreciate the support and
leadership you have shown throughout, from the first warnings of high water to the
present struggles to recover. You have made it a high priority to quickly get
'''' assistance to those who have been affected by the flood, and we greatly appreciate
F your efforts.
I am contacting you now because, in addition to the inherent challenges in
recovering from this disaster, we are also facing specific regulatory obstacles that
are preventing us from getting assistance quickly to those who are struggling to
'. restore their homes. Especially with the onset of winter weather, residents who own
damaged homes are eager to get them buttoned up to survive the cold weather.
'~ Specifically, we are experiencing difficulties with the Supplemental Community
Development Block Grant (CDBG) program that is being administered by the Iowa
Department of Economic Development (IDED). We have recently met with staff
from this department to discuss our concerns. We appreciate the cooperation and
assistance of the IDED, but have come to realize there is an upper limit on their
ability to adapt regulations to these extraordinary times. Therefore, I wanted to
make sure that these vital concerns were brought to your attention, and to seek
your assistance in amending the current interpretation of funding regulations.
IDED is currently mandating that all units repaired or rehabilitated must meet all
applicable property standards upon completion, with a maximum per unit subsidy of
$60,000. While we agree that all building codes and property standards should be
met, we are unable to accomplish this within the current funding constraints. This is
especially true for homes built before 1978 in which lead-based paint abatement
would apply. In Iowa City, the value of most building permits for flood-impacted
homes is clustered in the $45,000 to $80,000 range. If lead abatement applies,
°°~'cil@iowa-°'ty.org 'these costs will be much higher. Additionally, there are no certified lead abatement
410 E. Washington Street COntraCt01'S In ~OhnSOn COUnty.
Iowa City, IA 52240 .
Phone: (319) 356-5010
Fax: (319) 356-5009
Governor Chet Culver
November 18, 2008
Page 2
In contrast, the State-funded Jumpstart program administered by Iowa Finance
Authority (IFA) gives us the flexibility to locally determine what work we want to
focus on and does not hold us accountable to bring the entire home up to minimum
housing standards. Our City Council has decided to focus these funds on ensuring
that the homes' basic systems-building shell, insulation, electrical, plumbing and
heating-are repaired and up to standards. This enables us to assist a greater
number of homeowners and act much more quickly in order to prevent winter
temperatures from further damaging these properties. It is understood that this will
not guarantee that all homeowners will be able to immediately move back into their
homes, but it does allow us to ensure that we are helping the greatest number of
homeowners possible with the most costly and critical necessary repairs.
If we have the flexibility to classify projects as emergencies with Federal funds, as
we do with State Jumpstart funds, we would be exempt from the lead-based paint
regulations. The combination of having to ensure all homes meet housing code
standards when we are finished, and the additional costs forced on the
homeowners to meet lead-based paint regulations, will ultimately prevent most
income-eligible homeowners from taking advantage of these funds. We would be
forced to walk away from any homeowner who could not secure funding in advance
to pay professionals to complete required work which exceeds $60,000. Lead
regulations prevent homeowners from working on their own homes if lead-based
paint is assumed to be present (as it is in any pre-1978 home) and code requires
that licensed professionals complete needed plumbing and electrical work.
By eliminating the requirement to ensure homes meet all comprehensive
rehabilitation housing standards and exempting these projects from lead-based
paint regulations, we will provide many more homeowners the ability to begin the
.recovery process and allow them to do some of the repairs themselves or enable
them to pay for repairs over time if they are unable to secure financing at the time
we assist them. This would also allow us the flexibility to go back and assist
homeowners in completing the repairs at a later date if flood repair funding is still
available or through our normal Housing Rehabilitation Program. Let me assure
you that no homeowner will be granted a certificate of occupancy until the home is
inspected and deemed to meet all pertinent safety codes.
To conclude, we would like to be able to use CDBG funds administered by IDED in
the same manner as Jumpstart Iowa funds administered by the Iowa Finance
Authority and as allowed under the Federal CDBG program. By allowing Iowa City
and other entitlement cities to complete only emergency repairs we can get the
work done before the winter, bring up to code basic mechanical systems, and not
deny homeowners assistance because they are unable to secure enough financing
to bring up the entire house to code.
Governor Chet Culver
November 18, 2008
Page 3
We believe that this approach is a reasonable one that complies with Housing and
Urban Development (HUD) guidelines for emergency repair. This approach reflects
the urgency of the situation, recognizes that these are not normal times, and would
allow many more people to be helped. Specifically, we are asking you to direct
IDED to allow the flexibility to limit the scope of work and to allow emergency
repairs as outlined in this letter.
The City of Iowa City appreciates your consideration of our appeal in this important
matter, which impacts the recovery of all flood-impacted communities in Iowa.
Thank you.
Si rely,
enia D. Bailey
Mayor
Emails: Senator Charles Grassley
Senator Tom Harkin
Representative Dave Loebsack
Senator Joe Bolkcom
Senator Bob Dvorsky
Senator James Hahn
Representative Mary Mascher
Representative Dave Jacoby
Representative Vicki Lensing
Representative Jeff Kaufmann
Mike Tramontina, Director, Iowa Dept. of Economic Development
Metro Coalition
November 10, 2008
The Honorable Regenia Bailey
Mayor
City of Iowa City
City Hall - 410 E. Washington St.
Iowa City, IA 52240-1826
Dear Mayor Bailey:
The Iowa Department of Economic Development (IDED) has been informed by Iowa Homeland Security
Emergency Management Division (IHSEMD) that your community is developing a Hazard Mitigation
Grant Program (HMGP) application for funding to acquire property in the floodplain. If your application is
approved IHSEMD will provide funding for 85 percent of eligible costs (75 percent federal share and ten
percent State share). IDED has agreed to provide funding for the local share requirement or 15 percent
of the eligible costs through the Community Development Block Grant (CDBG) program.
You will not be required to submit an application to IDED requesting the 15 percent local share. Once
IHSEMD has approved your application for funding they will provide us with information about the
approved project including budget and the list of properties to be acquired. We will then issue an award
letter and a contract to you providing for the local match requirement.
There are public notification requirements to be completed prior to receipt of a CDBG award and contract.
Please publish the enclosed notice in the newspaper(s) where you publish public notices. After the
comment period is completed please submit an affidavit of publication of this notice, a copy of the
comments received, and an explanation about how the comments were handled to:
Iowa Department of Economic Development
Attention Barb Harvey
200 East Grand Avenue
Des Moines, IA 50309
If you have any questions about this process please contact me at 515.242.4836 or
hank.manning(a~iowalifechanginq.com. We look forward to working with you on these activities that will
reduce the potential damages in your community from future flooding events.
Sincerely,
z.
Henry L. Manning
Team Leader, Community Facilities
cc: Steve Long
John Wageman, State Hazard Mitigation Officer
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
200 East Grand Avenue, Des Moines, Iowa 50309 USA • Phone: 515.242.4700 • Fax: 515.242.4809 • www.iowalifechanging.com
(SAMPLE)
PUBLIC NOTICE
NOTICE REGARDING SUBMITTAL OF AN APPLICATION TO IOWA HOMELAND SECURITY
EMERGENCY MANAGEMENT DIVISION (IHSEMD) FOR FUNDING OF ACQUISITION PROGRAM
WITH PORTION OF LOCAL MATCH TO BE PROVIDED WITH SUPPLEMENTAL COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
The { City Council/ Board of Supervisors} intends to submit a
Hazard Mitigation Grant Program (HMGP) application to IHSEMD for funding to acquire
property in the floodplain. The application will be submitted on or after {date (this date must
beat least 7 days after publication of this notice)}. Any funds awarded through this
application will have a 15 percent match provided through Supplemental CDBG funds. The
intent of this notice is to provide citizens the opportunity to comment on the proposed project
and application prior to submittal. If you have questions or comments concerning the
proposed project and application you may contact {name of person} at {telephone number}.
Written comments may also be submitted to {name of person} at {address}.
IP4
~t a
From the Offtce
of the City Manager
Michael Lombardo
319-356-50I Q
mic:heel-lant~ari3o@iowe~ity.org
November 18, 2008
Dear Council members:
Some additional information on a variety of topics. Please let me know if you would like to
discuss any in more detail.
• The City recently closed its annual campaign for United Way and Iowa Shares. A
"stretch-goal" of $30,000 was set at the beginning of the campaign and I am pleased to
report that employees raised an astounding $46,830.76! Hat's off to all who were able
to contribute to these worthy causes!
• I have attached a copy of a recent report from the Iowa Fiscal Partnership entitled "city
Revenue and Smart Growth." This timely report provides an overview of various
alternative revenue sources from a tax equity perspective as well as a discussion about
Tax Increment Financing with suggested legislative changes for tightening up the
program.
• My schedule for the past few weeks has been centered on budget meetings with each
of the departments. I expect to complete departmental budget reviews before
Thanksgiving and will have a draft budget to you bymid-December as scheduled.
• We are nearing completion of the Design Development phase for the proposed Fire
Station #4 and will soon have a revised and updated construction estimate, updated
architectural and site plans, elevations and perspectives of the facility on site, and bullet
points on the LEED details of the project. A primary focus of the budget process that
we are currently working through will be to determine a timeline for funding construction,
staffing, and ongoing operations.
• The Iowa City Area Development Group reports that the Eastern Iowa Airport will be
losing its' direct flight to LaGuardia.
COLOR COPY OF REPORT AVAILABLE ON CITY WEBSITE www.icgov.org
City Revenue and Smart Growth
Beth Pearson
Peter S. Fisher
November 2008
Iowa Fiscal Partnershi
p
www.iowafiscal.org
The Iowa Policy Project CHILD & FAMILY POLICY CENTER
20 E. Market Street 1021 Fleming Building • 218 Sixth Ave.
Iowa City, IA 52245 Des Moines, IA 50309
(319) 338-0773 (phone) • www.iowapolicyproiect.orq (515) 280-9027 (phone) • www.cfpciowa.org
Acknowledgments
The authors thank Steve Ford at the Department of Management, Cary Halfpop and Carmen Putzier at
the Department of Revenue, and Shannon Paseka at the Iowa League of Cities for their assistance in
compiling data for this report. We are grateful for the support of the Center on Budget and Policy
Priorities, the Stoneman Family Foundation, and the Annie E. Casey Foundation.
Authors
Peter S. Fisher is research director at the Iowa Policy Project. He is a Professor in the Graduate
Program in Urban and Regional Planning at the University of Iowa. A national expert on public finance,
his reports are regularly published in State Tax Notes and refereed journals.
Beth Pearson is a research associate at the Iowa Policy Project, where she analyzes economic and fiscal
trends in the state of Iowa. She received her master's degree in Development Studies from the
University of Oxford in 2007.
Iowa Fiscal Partnership
The Iowa Fiscal Partnership is a joint initiative of the Iowa Policy Project and the Child & Family
Policy Center, two nonprofit, nonpartisan Iowa-based organizations that cooperate in
analysis of tax policy and budget issues facing Iowans. IFP reports are available on the web
at http://www.iowafiscal.org.
The Iowa Fiscal Partnership is part of the State Fiscal Analysis Initiative, a network of state-level
organizations and the Center on Budget and Policy Priorities to promote sound fiscal policy
analysis. IFP work is supported by the Stoneman Family Foundation and the Annie E.
Casey Foundation.
„.„ Iowa
Fiscal
Partnership
November 2008
City Revenue and Smart Growth
By Beth Pearson and Peter S. Fisher
Introduction
Iowa's cities, whether large or small, are hubs for much of the state's economic growth. They also
provide arts and culture venues and important local services such as emergency response, sanitation
services, and public safety. But cities in Iowa face tough challenges when it comes to generating
sufficient revenue to meet the growing demands associated with shifts in population and the economy.
Cities must balance a need for economic development with the need to ensure that this development is
sustainable, responsible and fair. Although this balancing act increasingly means that economic
development requires regional as well as local planning, current development strategies often undermine
regional cooperation and lead cities to engage in a zero-sum game of competing tax incentives. At the
same time, the limited set of tools that cities can use to generate revenue often disproportionately
impacts the budgets of low-income households.
This report analyzes constraints on city finances and systems of local taxation in Iowa and suggests
ways to encourage smart, fair and sustainable local and regional economic development through
reforming sources of city revenue. Utility franchise fees, local-option excise taxes on alcohol or
cigarettes, increased gambling taxes, and the local-option sales tax are not sensitive to the income of
those that they tax, and disproportionately affect low-income residents. Revenue generation can be done,
however, in a way that recognizes the differences in residents' ability to pay taxes and supports a
regional economic development agenda. The local-option income tax, the use of impact fees, and the
application of payments in lieu of taxes by tax-exempt properties are all ways for cities to meet their
budget needs without undue impacts on low-income families.
The local-option income tax in particular is an excellent way for cities to reduce their dependence on
property taxes while making their revenue system more progressive. These revenue options would also
help cities move away from their excessive reliance on tax increment financing (TIF). Although at one
time targeted at blighted urban areas, TIF is now primarily used in the suburbs and can undermine
regional cooperation among cities. Revenue options that take account of families' ability to pay taxes
and promote regional growth decisions are already available to local governments in limited ways but
could be substantially expanded as cities look to meet growing needs.
The Iowa Policy Proiect CHILD & FAMILY POLICY CENTER
20 E. Market Street 1021 Fleming Building • 218 Sixth Ave.
Iowa City, IA 52245 Des Moines, IA 50309
(319) 338-0773 • www.iowapolicyproject.org (515) 280-9027 • www.cfpciowa.org
City Finances in Iowa
This report relies on data collected directly from Iowa's local governments as part of the city budgeting
process for FY2009. During this process, each city submits a budget form detailing its revenues and
expenditures to the Department of Management. In order to fund operations, infrastructure and public
services, cities in Iowa rely on revenue from local taxes, state and federal aid, and charges and fees. As
Figure 1 illustrates, the main source of revenue for city general funds is property taxes. ~ Property taxes
are raised through the general fund levy, as well as any additional levies that have been approved by the
city council. A "levy" is an amount of money required for collection by a taxing authority, and is usually
expressed as the amount of tax paid for every $1,000 in taxable valuation. Some levy rates are statutorily
limited so that they may not exceed a certain level. For instance, the general fund levy rate cannot
exceed $8.10 per $1,000 of
Figure 1. Iowa Cities Rely Most on Property Taxes, FY2009 taxable assessed valuation. And
100% the emergency levy rate, which
can be used only when the
general levy is already at $8.10, is
80% $0.27 per $1,000 of taxable
other valuation. Other levy rates are
unlimited, such as the employee
60% ^ Licenses, Fees, etc. benefit levy, levies that fund a
city s liability insurance, or the
Intergovernmental debt service levy.
Revenue
40%
20%
0%
-LOST/Other local
option taxes
^ Other Taxes
~ Property and Utility
Taxes
Table 1. Revenue Sources for Iowa Cities, FY2009
Share of Total Revenue
Property and Utility Taxes 45.6%
Intergovernmental Revenue 22.8%
LOST/Other local-option taxes 6.0%
Other Taxes 2.9%
Licenses, Fees, Etc. 8.2%
Other 14.6%
Total Revenues
100.0%
Source: Iowa Department of Management
Table 1 and Figure 1 provide
more detailed breakdowns of the
share of city revenue in Iowa that
comes from various sources.
Property taxes account for about
46 percent of city revenue, while
intergovernmental aid is 23
percent. Licenses and fees, which
include charges associated with
city-run enterprises such as trash
collection, municipal utilities,
parking fees or airport usage,
make up 8 percent of city
revenues. Other taxes comprise
about 9 percent of city revenue
(the local-option sales tax, or
LOST, makes up 6 percent of
city revenue, while the "other
taxes" category that includes the
hotel/motel tax and gambling
taxes is an additiona12.9
percent).
This chart relies on budget year totals from the FY2009 budget forms, which means that it includes revenue
deposited into the special revenues fund, TIF fund, debt service fund and capital projects fund as well as the
general fund. The licenses and fees category excludes proprietary fund revenue. The category "other taxes"
includes revenue from the gaming wager tax, mobile home taxes, hotel/motel tax, pari-mutuel wager tax and the
utility franchise tax.
2
Revenue Sources
Revenue flows into city funds, each of which is used for certain purposes. For instance, the largest fund
in the city budget is the general fund; revenues deposited in the general fund are used for basic services
such as police and fire protection, maintaining city streets, and city administration.
Our analysis does not focus on how Iowa cities compare to those across the nation; however, a 2002
report by Dave Swenson and Liesl Eathington at Iowa State University used Census data on local
government finance from 1992 and 1997 to compare the sources of revenue and the place of property
tax revenue in city budgets for Iowa and the nation. Swenson and Eathington found that, on a per capita
basis, Iowa cities rely more on property taxes and general charges and less on intergovernmental aid,
business and vehicle licenses, and local taxes -most notably, local option income and sales taxes -
than average U.S. cities. A more recent analysis by the National League of Cities confirms that Iowa
cities continue to be more reliant on the property tax, and less reliant on local sales and income taxes,
than the national average.3
The Problem: Increased Demand Leads to Need for New Revenue Sources
City budgets must balance the revenues raised from a local tax base against public demand for services
and a backdrop of rising costs. Population and income growth drive demand, but such growth does not
necessarily produce a larger tax base as state laws
limit increases in the taxable value of property.
Impacts of 2008 Flooding
Over the past decade, cuts in state support for local
governments during the 2001-04 fiscal crisis,
paired with a stagnant tax base and rising costs,
have led cities to increase their reliance on property
taxes as a source of revenue.4 Between FY2001 and
FY2005, the share of all Iowa cities at the $8.10
general fund levy limit increased from 71 percent to
78 percent, while the share of cities using at least
90 percent of the emergency levy increased by over
a third, rising from 23 percent to 31 percent.
Although the state fiscal crisis ended in 2004, Table
2 and Figures 2 and 3 show how local government
dependence on property tax revenue has continued
to increase, although at a slower rate. The share of
all Iowa cities at the general fund levy limit
increased only slightly between FY2005 and
FY2009, while the share of cities using at least 90
percent of the emergency levy increased by 4
percentage points.
Beyond the challenges of financing public
services with a stagnant tax base, the need
for new local revenue sources has been
particularly emphasized in cities experiencing
flooding during the summer of 2008. In the
case of these cities, the tax base may actually
have declined due to loss of business or
residential property at the same time that a
need for services and revenue is even
greater. Although the reduction in taxable
value from flooding will not show up until the
January 2009 assessments, which determine
the tax base for fisca12009-10, there are
additional and immediate losses of revenue.
The city of Cedar Rapids, for example, has
estimated that it will lose in excess of $2
million in property tax revenue in this fiscal
year and again next year due to an increase
in delinquencies caused by the flood
rendering hundreds of homes uninhabitable.
z Swenson, Dave and Liesl Eathington (2002). An Investigation of City Government Finances in Iowa and the
Nation. Iowa League of Cities. Available from:
httg://www.iowaleague.org/Downloads/Legislative/2003/Swenson.gdf.
Hoene, Christopher and Michael Pagano. City and State Fiscal Structure. Washington, DC: National League of
Cities, 2008. Available from:
httg://www.nlc.org/ASSETS/131 BB38D990B4B8C9A703AFDE4B4563E/CitiesandStateFiscal.gdf.
For a full description of the effects of the state fiscal crisis on local governments in Iowa, see Fisher, Peter S.,
Victor Elias and Jeremy Varner. Iowa's State Fiscal Crisis and Its Impact on Local Government. Iowa Fiscal
Partnership, 2004. Available from: httg://iowafiscal.org/documents/041215-ifg-local-full.gdf.
3
Table 2. Increasing Share of Iowa Cities Reaching Levy Limits, FY2001-09
City Population Size
Total Population (est. July 2007)
Number of Cities
Percent of Total Population in Cities
50,000 10,000- 2,500- Under All
or more 49,999 9,999 2,500 Cities
865,207 549,297 460,643 462,882 2,338,029
10 27 93 817 947
37% 23% 20% 20% 100%
Percent of Cities at $8.10 General
Fund Levy Limit
FY2001
FY2005
FY2009
Percent of Cities Using at Least
90 Percent of Emergency Levy
FY2001
FY2005
FY2009
80% 75% 83% 70% 71%
80% 75% 91% 76% 78%
80% 78% 87% 78% 79%
30% 25% 32% 22% 23%
50% 33% 44% 29% 31%
40% 37% 48% 33% 35%
Source: Iowa Department of Management
Cities of different sizes have experienced different trends with regard to property-tax levies. Iowa's
largest cities have been more stable, with no change between FY2001 and 2009 in the percentage of
cities at the general fund levy limit, while the share of the state's smallest cities at the general-fund levy
limit has grown more than 10 percent since FY2001.
Figure 2. More of Iowa's Smallest Cities at General Fund Levy Limit
Percent of Iowa Cities at General Fund Levy Limit by Size, FY2001-09
100%
90% 1
80%
70%
60% ~ ~
50% ^ FY 2001
FY 2005
~
40% s
30% ^ FY 2009
20%
10%
0% ~
~~~ ~~
50,000 or 10,000- 2,500- Under All Cities
more 49,999 9,999 2,500
City P o p ulatio n S ize
Iowa's largest cities have retreated from 2005 when fully half of them used the entire allowable general
fund levy as well as at least 90 percent of the emergency levy. However, they have not returned to pre-
4
fiscal crisis levels when only 30 percent of large cities were in this predicament. Cities of all other sizes
saw steady increases in the share of their numbers relying on a large percentage of the emergency levy.
Figure 3. Growing Share of Small Cities Using Most of Emergency Levy
Percent of Iowa Cities at 90 Percent of the Emergency Levy by Size, FY 2001-09
60%
50%
40%
^ FY 2001
30% ®FY 2005
1 ~ ^ FY 2009
20%
10%
0% -~~~~~
50,000 or 10,000- 2,500-9,999 Under All Cities
more 49,999 2,500
City Population Size
Assessment Limitations
Levy limits are not the only constraint on the amount of revenue that cities may raise through property
taxes. Property tax revenue also depends on the value of the property that is being taxed. In Iowa,
increases in property values are limited by the state "rollback." A rollback is a way of limiting
assessments so that the annual growth in assessed values statewide doesn't exceed a certain level. The
original purpose of the law, enacted in the late 1970s, was to prevent a dramatic shift in the property tax
onto homeowners due to rapid increases in housing prices.
Since 1980, the rollback has been set at 4 percent, which means that aggregate taxable valuations for
each class of property (residential, agricultural, commercial, industrial) cannot increase more than 4
percent each year. The rollback percentage is multiplied by the assessed value in order to obtain the
taxable value of the property; the tax due is then calculated by multiplying taxable value by the tax rate.
The assessed value of property is its actual or 100 percent market value for all classes of property except
agricultural; the assessed value of agricultural land and buildings is based on a productivity formula.5
Over the past 30 years, the application of the rollback has been effective in greatly limiting the taxable
value of residential property. For assessment year 2007, the rollback percentage for residential property
was 44.1 percent (meaning that residential property is taxed on 44.1 percent of its assessed value), while
the rollback percentage for commercial property was almost 100 percent (meaning that it was basically
taxed on its full assessed value). Industrial property was also taxed on 100 percent of its assessed value.
Increased crop prices and yields in 2005 -the most recent year incorporated into the five-year rolling
average used to calculate agricultural productivity value -led to higher assessed values of agricultural
5 For a full discussion of the assessment and taxation of agricultural property in Iowa, see Pearson, Beth and
Peter Fisher. Grounds for Confusion: Iowa's Distorted Assessment of Farm Property. Iowa Policy Project, 2008.
Available from: httg://www.iowagolicygroiect.orq/2008docs/080717-aggroq2.qdf.
5
property in 2007 and the first application of the rollback to agricultural property since 1999. A rollback
factor of 90.1 percent was applied in 2007, meaning that the taxable value of agricultural property was
90.1 percent of its so-called productivity value.
The rollback calculation is best explained through an example. Suppose the statewide total actual value
of residential property in 2004 was $100 billion, and the rollback that year was 50 percent. Then the
statewide total taxable value would be $50 billion. Suppose by 2005 that residential market value had
risen 6 percent to $106 billion. Taxable value, however, cannot by law increase more than 4 percent
statewide, which means that taxable value for 2005 must instead be $52 billion. The rollback percentage
is therefore the ratio of taxable to actual value that will produce a maximum 4 percent growth in taxable
value. In other words, the rollback for 2005 must be 52/106, or 0.4906 (49.06 percent).
Over the past several decades, application of the rollback has meant that steady growth in housing
values has caused consistent decline in the share of residential property subject to taxation. This trend
has been amplified by the fact that, in addition to being limited by the rollback, residential and
agricultural assessed values are tied together such that annual increases for each class of property are
limited to the smaller of the two increases in either class of property. For example, if in a given year the
increase in residential property valuations was 4 percent (remember that it cannot be higher than 4
percent due to the rollback limitation) and the increase in agricultural property valuations was only 2
percent, then the increase in residential property valuations would be reduced to 2 percent as well. Like
the rollback, this tie was seen as a way to limit increases in the taxable value of residential property. As
Figure 4 illustrates, the effect of the rollback and the tie between residential and agricultural property
has been to institutionalize adecline in the residential property tax base.
Figure 4. Assessment Limitations in Iowa (Rollback), 1990-2007
120
100
80
0
~ 60
.,
N 40
20
0
-Residential
Industrial
Commerical
Agricultural
° ° o ~ ° ti ° ~ o o ~ o `' o ~ o °100 ° °' o ° o ~ oti o~ o o ~ o`' o ~ 0 01
~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~0 ~yo ~yo ~yo do ~o ~o ~o ~o
Assessment Year
Because assessors must apply the same ratio to the actual value of each residential parcel, regardless of
how rapidly or slowly home prices are increasing in their jurisdiction, the rollback tends to limit
government revenues more in slow-growing areas than in rapidly growing areas. Take, for example, the
change from 2006 to 2007, when the rollback declined from 45.56 percent to 44.08 percent. A home
worth $100,000 in 2006 in a declining area might still be worth just $100,000 on the market in 2007, but
6
its taxable value will decline about 3 percent, from $45,560 to $44,080, because of the decline in the
rollback. On the other hand, a $100,000 home in a growing area might have increased in value to
$110,000, in which case its taxable value will increase from $45,560 to $48,488 (44.08 percent of
$110,000), a 6 percent increase. Rapidly growing areas can see an increase in the tax base, though a
smaller one than would result in the absence of a rollback. Slow-growing areas, however, may see an
actual decline in taxable value over time even while the costs of government increase simply due to
inflation.
Local Revenue and Fairness
Faced with a declining tax base, statutory limitations on property tax increases, and falling levels of
intergovernmental aid, cities have turned to fees and local-option taxes as ways to raise necessary
revenue. Although there is no question that cities need additional flexibility in diversifying revenue
sources so that they can meet their needs, not all local financing mechanisms are created equal in terms
of their ability to fairly generate sustainable revenue. Many proposed local revenue strategies are not
structured progressively, meaning that they are not based on the ability of residents to pay these fees or
taxes and ultimately generate dollars for the city with disproportionate impacts on low-income residents.
Various forms of local revenue generation have different sets of consequences for Iowans at different
income levels. For instance, income taxes are based on a taxpayer's ability to pay, so families with lower
incomes pay a lower percentage of their income in income taxes compared with high-income families.
On the other hand, sales and excise taxes and property taxes are levied without regard to a family's
income. Both wind up taxing lower-income families more heavily as a share of income than higher-
income families, making them "regressive" taxes. The sales tax is the most regressive in this regard.
Figure 5 (next page) uses data from the Institute on Taxation and Economic Policy to illustrate the share
of family income taken up by different kinds of state and local taxes at each income level. For Iowans in
the lowest income quintile, sales and excise taxes account for the largest share of their taxes (7.3 percent
of income) while income taxes are the smallest (0.4 percent of income).
Because of a heavy reliance on property taxes, city revenues in Iowa are already skewed toward a less
fair form of financing. As Figure 5 shows, property taxes take up a decreasing share of income as
income increases, although this is most evident at the upper end of the income scale. The model used
here to estimate tax incidence assumes that both homeowners and renters pay property taxes, either
directly or as a portion of their rent. Although property taxes are fairer than the sales and excise tax, they
are not as fair as the income tax, which increases in tandem with income. Mobile homes and
manufactured homes located in mobile home parks are subject to property taxes based on the square
footage of the home but at a graduated rate depending on income.6 The property taxes on these types of
property are therefore more progressive, although there is a flat rate of 20 cents per square foot if the
resident has an annual income of greater than $16,500. This rate declines over time to account for the
depreciation in value of the property. Since mobile homes and manufactured homes located within
mobile home parks are affordable forms of housing, their treatment in the tax code helps improve the
fairness of property taxes in general, but the overall structure of local government finance in Iowa
remains regressive.
The fairest way for city governments to raise additional revenue would therefore be to base new taxation
on income, rather than on purchases or property. In the following section, we review the various options
available to city governments for raising non-property tax revenue and we assess how these options
s Iowa Code Chapter 435
7
Taxes by Share of Income, Non-Elderly Taxpayers*
Income Group Lowest
20%
Income Range Less than
$16,000
Avg Income $8,600 Next
20%
$16,000-
$33,000
$24,500 Middle
20%
$33,000-
$50,000
$41,300 Next
20%
$50,000-
$78,000
$62,600 Next
15%
$78,000-
$127,000
$96,500 Next Top
4% 1%
$127,000- $320,000-
$320,000 plus
$183,800 $831,100
Sales/Excise Taxes 7.3% 5.9% 4.8% 3.7% 2.9% 1.8% 1.1%
General Sales-Individuals 4.2% 3.6% 3.1 % 2.5% 2.0% 1.2% 0.8%
Other Sales & Excise-Ind. 1.5% 0.9% 0.7% 0.5% 0.3% 0.2% 0.1
Sales & Excise on Business 1.6% 1.3% 1.0% 0.8% 0.6% 0.4% 0.2%
Property Taxes 2.8% 2.3% 2.6% 2.3% 2.5% 2.5% 1.9%
Property Taxes on Families 2.6% 2.1 % 2.4% 2.1 % 2.3% 1.9% 0.8%
Other Property Taxes 0.2% 0.2% 0.1 % 0.2% 0.2% 0.6% 1.2%
Income Taxes 0.4% 2.6% 3.4% 3.6% 4.2% 4.2% 4.7%
Personal Income Tax 0.4% 2.6% 3.4% 3.6% 4.2% 4.1 % 4.5%
Corporate Income Tax 0.0% 0.0% 0.0% 0.0% 0.0% 0.1 % 0.2%
Total Taxes 10.5% 10.7% 10.8% 9 7% 9 7% 8 4% 7 7%
Federal Deduction Offset 0.0% 0.0% 0.4% 0.8% 1.3% 0.8% 1.4%
Total With Federal Offset** 10.5% 10.7% 10.3% 9.0% 8.4% 7.6% 6.3%
* Estimates use 2006 income data and 2008 Iowa state tax law.
** Federal Offset: Figures account for deduction of state income and property tax on individual federal tax returns.
Source: Institute on Taxation and Economic Policy, 2008
measure up in terms of equity for low-income Iowans. We also consider the question of how these taxes
would affect location or purchase decisions since, because they are imposed locally, cities' use of local-
option taxes will create intrastate tax rate differentials. In general, these effects are likely to be small.
Intrastate tax rate differentials already exist in Iowa under the local-option sales tax and, until recently,
the locally authorized school infrastructure finance tax. Property tax rates are different in every
8
community in Iowa, and there is little evidence that they affect location decisions to any measurable
extent. All taxes distort economic decisions to some degree; however, there is little evidence that local-
option income taxes would create serious distortion as long as enabling legislation limited localities to
imposing a specific range of rates. These limitations are common, as in the case of the state decision to
allow cities to levy a 1-cent (and no greater) local-option sales tax.
Local Option Sales Tax
Currently, local-option sales tax (LOST) revenue makes up the bulk of non-property local tax revenue in
Iowa. In fact, as Table 3 and Figure 6 illustrate, almost 70 percent of non-property local tax revenue
Table 3. Non-Property Sources of Local Tax Revenue, FY2009
FY2009 Revenue Share of Non-Property Tax Revenue
LOST/Other Local-Option Taxes $153,753,112
Hotel/Motel Tax $ 32,517,435
Utility Franchise Tax $ 26,670,327
Gaming Wager Tax $ 10,862,784
Pari-mutuel Wager Tax $ 118,262
68.7%
14.5%
11.9%
4.9%
0.1
Total Non-Property Tax Revenue $223,891,920
100.0%
Source: Iowa Department of Management
Figure 6. Local Option Sales Tax Accounts for Bulk of Non-Property Tax Revenue
^ LOST/Other Local Option Taxes
^ Hotel/Motel Tax
^ Gaming Wager Tax
^ Pari-mutuel Wager Tax
^ Utility Franchise Tax
Source: Iowa Department of Management
9
comes from the local-option sales tax.' Local-option sales taxes are added on to the state sales tax and
for the most part apply to the same goods and services as does the state sales tax. The principal
exceptions are residential energy (the local-option sales tax applies to residential electric and natural gas
bills, which are no longer subject to the state sales tax, as long as those utility sales are not already
subject to a franchise fee) and motor vehicles (which are subject to the state use tax but not the local
option tax). The 2008 addition of a statewide, 1-cent tax for school infrastructure increased the statewide
sales tax rate from 5 percent to 6 percent (though the motor vehicle use tax remains at 5 percent). In
areas where alocal-option sales tax is also in effect, the total tax rate therefore stands at 7 percent.
Originally approved by the Legislature in 1985, local-option sales taxes cannot exceed 1 percent. LOST
elections are held on a countywide basis and LOST then applies in those jurisdictions where it receives
voter approval. A county election could therefore result in LOST approval only for certain cities or
unincorporated portions of the county. Local-option sales taxes are collected and pooled by county and
then remitted to localities by the state Department of Revenue based on a formula involving the
population and property-tax levies of the jurisdictions imposing the tax. Only those jurisdictions that
have approved a LOST will receive any revenue. Cities and counties may use LOST revenue for any
lawful purpose, including bond collateral and property-tax relief.
The majority of Iowa's cities and unincorporated places have passed local-option sales taxes, and local-
option sales tax revenue has grown quickly over the past two decades. Some cities have imposed sunset
provisions on local-option taxes, although this is optional. Currently, 1,191 out of a total 1,342
jurisdictions in Iowa have alocal-option sales tax, or 89 percent of all jurisdictions in the state.
According to analysis by the Iowa Legislative Services Agency, 62 counties had a LOST in 100 percent
of their jurisdictions during FY2008, while another 26 counties had a LOST in at least 75 percent of
their jurisdictions. Johnson County is the only county in Iowa without any jurisdictions with alocal-
option sales tax. The five counties in the Des Moines metro area (Polk, Dallas, Guthrie, Madison and
Warren) include only 22 smaller cities with LOST, out of 83 jurisdictions (less than one-third of cities
within the metro area).
Although expanding city authority to levy additional local-option sales taxes may be tempting because
of the magnitude of potential revenue relative to other local-option taxes, such a choice would
disproportionately and negatively impact middle- to low-income households in Iowa. The sales tax
already makes up a greater proportion of low-income households' budgets than it does for families at
any other income level. Increasing the local-option sales tax would merely build upon this disparity and
generate revenue for city budgets at the expense of those families who can least afford it. Cities may see
expanded local-option sales tax authority as an alternative to raising property taxes, but replacing
property-tax increases with sales-tax increases simply substitutes a very regressive tax for a roughly
proportional tax.
Other efforts to expand local-option sales tax authority have proposed allowing cities to retain all tax
revenue generated from the imposition of the tax, rather than sharing the revenue under the countywide
distribution formula now used. The countywide sharing is an important feature of Iowa's tax,
recognizing that sales-tax revenues are generated from a broad retail market, not just from the residents
Mobile home taxes have been included in the category of property tax since they function as property taxes,
although with a different set of assessment criteria.
$ For information and analysis related to local-option sales taxes in Iowa, see Iowa Legislative Services Agency
(2007) Local Option Sales Tax. Available from:
httg://www.legis.state.ia.us/Isadocs/IssReview/2008/IRSLS001.PDF. Also see
httg://www.iowa.gov/tax/educate/localogtion.html for Iowa Department of Revenue data and information on local
option sales taxes.
10
of the city where the retail center happens to be located. A small city that is home to a large regional
shopping center could derive an inordinate amount of revenue relative to the size of its budget with a 1
percent tax, if it were allowed to keep all of the revenue. While the market region can be much larger
than a county, the countywide sharing at least acknowledges that the source of revenue is much broader
than any one city and prevents cities that are home to large retail centers from financing their city
government largely at the expense of residents of neighboring cities and rural areas.
Allowing cities to retain LOST revenue was in fact partially accomplished through legislative changes
made to Iowa's tax code during the 2008 session that authorized cities to capture local-option sales tax
revenue if it was generated in urban renewal areas. This extension of tax-increment financing (TIF)
means cities can prevent revenue from going into a countywide pool for distribution, which reduces
equity and increases the incentive for each locality to create its own sales-tax TIF. The new law is a
particularly unfortunate expansion of TIF as it focuses exclusively on retail activity. Retail is local-
market driven and the private market can be counted on to build more retail space whenever local
market conditions can support that space. Subsidies to developers in most cases are either unnecessary
(if the market would support the additional activity) or counterproductive (if the market cannot, in which
case the city is subsidizing the overbuilding of the retail sector and helping create vacancies in existing
retail centers). In some cases, the market can support additional retail development without the subsidy
but the subsidy is believed to be effective in shifting the location of the new retail space. In this instance,
state policy is encouraging localities to engage in a beggar-thy-neighbor strategy that in the end merely
shifts retail development from one place to another within the same market, creating no new jobs or tax
base and wasting taxpayer funds.
Hotel/Motel Tax
After local-option sales taxes, the hoteUmotel tax is the most lucrative local-option tax for city
governments in Iowa, making up 14.5 percent of non-property tax revenue. According to the
Department of Revenue, 133 Iowa cities currently have a hoteUmotel tax, which taxes the rental of hotel
or motel rooms at a rate not to exceed 7 percent. All Iowa cities with a hoteUmotel tax currently set the
tax between 5 percent and 7 percent, except for Elk Horn's 3 percent tax and Sioux Center's 1 percent
tax. The total tax on the purchase of a hotel room in Iowa will therefore range between 6 percent (the
statewide sales tax rate in a locality without the local-option sales tax) to 14 percent (a city with alocal-
option sales tax and the full 7 percent hoteUmotel excise tax allowed under Iowa law).
HoteUmotel taxes are generally a way to export taxes to nonresident taxpayers since most people renting
hotel rooms are not city residents. It is difficult to estimate the incidence of the hoteUmotel tax because
it will depend on the distribution of spending on motel rooms by income class and could therefore vary
greatly based on geography and other circumstances. For instance, if hoteUmotel rooms in a city are
predominantly used by business travelers or vacationers, the tax may be distributed progressively in that
city because it tends to be paid by people with higher incomes. On the other hand, if the rooms are used
primarily by visitors who have come for consultation at a hospital, they will tend to affect people
without regard to income and will be decidedly less progressive.
Utility Franchise Tax
A utility franchise tax (also called the city franchise fee) can be imposed on any privately owned utility
(such as those providing electricity, natural gas, water, cable TV or telephone service) where the city has
a franchise agreement with the utility to provide service to city residents. The tax, which is passed on to
utility consumers, cannot exceed the city's costs of inspecting or regulating the utility. If a city chooses
to adopt a franchise fee, it forfeits its ability to collect local-option sales tax revenue from gas and
11
electric sales since Iowa law provides that gas and electric sales may not be taxed by alocal-option tax if
these sales are already subject to a franchise fee.
There have been proposals to allow cities to impose a franchise tax of up to 5 percent of the gross
revenues of utilities and to allow the revenues of all franchise fees, new and existing, to exceed the costs
of regulation, with the excess being transferred into the city general fund. Such a change in the law
would, in effect, reverse the 2001 utility-tax exemption that phased out state taxes on the sale of gas and
electricity to residential customers. Such purchases would be subject to what is the exact equivalent of a
5 percent sales tax. Cities would gain from any franchise fee above 1 percent since franchise revenue
would then exceed what the city loses from the 1-cent local-option sales tax exemption.
Taxes on utilities again disproportionately affect low-income Iowans, who spend a greater percentage of
their income on utility purchases than do upper-income Iowans. Recognition of this regressivity was one
of the principal arguments made in favor of exempting utilities from the sales tax in 2001.
Table 4. Impact of Local 5 Percent Tax on Utilities, by Income Class
Income Range $5,000-
$19,999 $20,000-
$49,999 $50,000
and more
Average income before taxes $12,732 $34,041 $99,492
Average expenditures
Natural gas, electricity and fuels $ 1,272 $ 1,746 $ 2,352
Expenditures as a percent of income
Natural gas, electricity and fuels 10% 5.1% 2.4%
Impact of sales tax
5% sales tax on utilities $ 63.59 $ 87.31 $117.60
Additional taxes as share of average income 0.5% 0.3% 0.1%
Source: Table 32. Midwestern region by income before taxes: Average annual expenditures and characteristics,
Consumer Expenditure Survey, 2005-2006
As Table 3 shows, Midwesterners earning less than $20,000 a year spend 10 percent of their income on
utility purchases, while Midwesterners earning over $50,000 spend less than 3 percent of their income
on utilities. Increasing the franchise fee by 5 percent would cause low-income Iowans to pay a greater
share of their income in utility taxes than Iowans at other income levels.
Local Alcohol, Cigarette and Tobacco Excise Taxes
Cities in Iowa are not currently authorized to impose excise taxes. An excise tax is a per-unit tax on a
specific service or commodity; the most common excise taxes in Iowa are those on motor fuel, cigarettes
and tobacco products, and alcoholic beverages. Cigarettes are taxed by the state of Iowa at $1.36 per
pack and other tobacco products are generally subject to a tax of 50 percent of wholesale.y Beer in Iowa
is taxed at 19 cents per gallon while wine is taxed at $1.75 per gallon.
s Excise taxes on tobacco products vary according to the product, with cigars being taxed at $.50 per cigar or 50
percent, whichever is lower, and snuff taxed at $1.19 per ounce. All other products are taxed at 50 percent of
wholesale price.
12
Like sales taxes, excise taxes take up a greater share of incomes at the lower end of the income scale
than they do at the upper end. Figure 7 shows that Iowans in the lowest income quintile, earning less
than $16,000 a year, on average pay 1.5 percent of their income in excise taxes, while Iowans in the
fourth quintile, earning between $50,000 and $78,000 a year, pay only 0.5 percent of their income in
excise taxes.
Figure 7. Lower-Income Iowans Pay Greater Share of Income in Excise Taxes
Figure 8 (next page) shows one reason why this is the case, presenting data for the Midwestern region
on consumer expenditures on tobacco products and alcoholic beverages. Consumers at the lower end of
the income scale spend more on these products as a share of their income than do consumers at the
upper end of the income scale and, as a consequence, taxes on those items take up a greater share of
lower incomes.10 In fact, to the extent that spending by higher-income groups is concentrated on more
expensive brands of beer or wine rather than larger quantities, the expenditure data in the chart overstate
the impact of the tax on higher-income groups and understate regressivity.
More so than a statewide excise tax, local excise taxes can distort local commerce if certain products are
taxed within city limits but are not subject to taxes outside of cities. The Legislature was sensitive to this
issue in passing Iowa's local-option sales tax, requiring the tax to be approved by contiguous cities as a
group, and to be put on the ballot countywide. A local tobacco excise tax, if it were at a level sufficient
to produce significant revenue, would provide incentives for consumers to drive to nearby places
without the tax, and for tobacco shops to open just outside the borders of taxing cities.
10 Ina 1995 study, Lyon and Schwab measured regressivity of alcohol and cigarette taxes over the course of a
lifetime, allowing for changes in income and consumption. They found that cigarette taxes remain highly
regressive whether measured annually or over the course of a lifetime. Alcohol taxes remained regressive, but
less so over the course of a lifetime than when measured on an annual basis. See Lyon, Andrew B and Robert M.
Schwab. "Consumption Taxes in a Life-Cycle Framework: Are Sin Taxes Regressive?" in The Review of
Economics and Statistics, Vol. 77, No. 3 (August 1995), pp. 389-406.
13
Source: Institute on Taxation and Economic Policy, 2008
Figure 8. Spending on Alcohol, Tobacco Greater Share of Low-Income Budgets
2s°~
2.2°~
~ 2.0°~
0
U
.~
~ 1.7%
OI
f6
G1
~ 1.5°~
O
c 1.2%
v
U
`w
a
f6 1.0°~
~ 0.8°k
H 0.8°~
v
'v
c
a 0.5°~
x
w
$5,000 to $19,999 $20,000 to $49,999 $50,000 and more
^ Alcoholic beverages
^ Tobacco products
Source: Table 32. Midwestern region by income before taxes: Average annual expenditures and characteristics,
Consumer Expenditure Survey, 2005-2006
Gambling Taxes
The gaming wager and parrmutuel wager taxes are levied on gambling revenues; while the majority of
gambling tax revenue goes to the state general fund, cities where a gambling operation (a casino,
racetrack, or excursion gambling boat) is located receive one-half of 1 percent of the tax revenue.
Twelve cities in Iowa received gambling tax revenue in FY2009, totaling almost $109 million. The state
also taxes the gross sum wagered each year in parrmutuel gambling, used in dog and horse racing. The
city where a racetrack is located receives one-half of 1 percent of the tax revenue. In FY2009, only four
cities in Iowa received revenue from a parrmutuel gambling tax, totaling $118,262.
Gambling taxes are generally considered regressive because research finds that low-income gamblers
spend a higher proportion of their income on gambling than do high-income gamblers." As a result,
gambling taxes constitute a larger share of income for gamblers at the lower end of the income scale.
The regressivity of gambling taxes has been emphasized by the relatively recent spread of gambling
facilities beyond Las Vegas, giving more people access to gambling activities and increasing the share
of low-income gamblers. In any case, gambling taxes are a poor vehicle for increasing local government
revenue since only a few cities in Iowa host a gambling facility and the amount of revenue collected is
relatively low, comprising only 5 percent of non-property tax revenue in the state.
Progressive and Sustainable Revenue Options
Although many local option taxes frequently discussed as solutions to city revenue challenges fall short
in terms of fairness and sustainability, there are alternatives that promote smart growth while fairly
11 Borg, Mary O., Paul M. Mason, and Stephen L. Shapiro. "The Incidence of Taxes on Casino Gambling:
Exploiting the Tired and Poor," in American Journal of Economics and Sociology, Vol. 50, No. 3 (July 1991), pp.
323-332.
14
distributing taxes on the basis of ability to pay. For instance, local option income and earnings taxes
diversify city revenue sources, helping reduce reliance on property tax. Impact fees recognize the costs
associated with new development and help cities direct growth in sustainable, strategic ways. Cities in
Iowa would benefit from enabling legislation at the state level that would allow them to choose
financing tools that support diversified and sustainable revenue generation.
Local Option Income Tax
Local-option income taxes relate to the state income tax in the same way that alocal-option sales tax
relates to the statewide sales tax; the local-option tax is simply added on as a percent surcharge to the
state income tax. This makes the local-option income tax inexpensive to administer and collect. In fact,
school districts in all of Iowa's 99 counties already levy alocal-option income surtax, which is added to
the state individual income tax and remitted back to school districts.' This surtax may not exceed 20
percent of state income tax liability. Counties may also levy a local option income surtax not exceeding
1 percent of state income tax liability in order to fund emergency medical services. According to the
Iowa Department of Revenue, Appanoose County is currently the only county in Iowa to make use of
this local revenue option.
Importantly, the local-option income tax recognizes low-income households' limited ability to pay taxes.
This makes it a much fairer form of tax than other proposed local revenue options. The Institute on
Taxation and Economic Policy (ITEP) reports that Iowans in the lowest income quintile (earning less
than $16,000 a year) pay 0.4 percent of their income in income taxes, while Iowans in the top quintile of
income (earning over $78,000 a year) pay between 4 percent and 5 percent of their income in income
taxes. Unlike property taxes, the local-option income tax is very responsive to changes in family income,
which can make it a more volatile revenue source for local governments. Like property taxes, however,
the local-option income tax would be deductible on federal tax returns; this provision tends to lower
effective rates only for upper-income taxpayers who itemize their tax returns. The local-option income
tax is a tax on individual, not corporate, income, which means that corporate businesses do not bear any
of the cost of generating additional local revenue. Residents and small business owners (most of whom
are proprietors or partners, or have formed an S corporation or LLC) may therefore end up financing
property tax relief for branch plants of multistate corporations or for absentee owners of rental property
or office towers.13
According to the National League of Cities, 11 states in the U.S. grant municipal income-tax authority to
some or all of their cities.14 The Midwestern states of Indiana, Michigan, Missouri and Ohio all make
use of a local income tax to generate city revenue. States that authorize the local-option income tax also
have less reliance on the property tax as a source of city revenue. Although Iowa local income-tax rates
vary by school district, with some school districts not making use of the local income surtax, others
using it at a low rate, and others levying the maximum 20 percent rate, there is no evidence that the
surtax has affected resident location decisions.
12 Iowa Department of Revenue. Iowa Counties, School District Numbers, Surtax Rates for 2007. Available from:
httg://www. iowa.gov/tax/forms/0741027. gdf.
Only traditional "C" corporations pay the corporate income tax. Small businesses tend to be organized in one
way or another as "pass through entities" (partnerships, limited liability companies, or subchapter S corporations)
that pass the profits through to the individual owners, who then pay taxes on the profits as individuals. The profits
are not taxed at the business level.
14 Hoene, Christopher and Michael Pagano. City and State Fiscal Structure. Washington, DC: National League of
Cities, 2008. Available from:
httg://www.nlc.org/ASSETS/131 BB38D990B4B8C9A703AFDE4B4563E/CitiesandStateFiscal.gdf.
15
Figure 9. Cities with Local Option Income Tax Less Reliant on Property Tax
Source: National League of Cities, 2008
Figure 9 shows that, in Iowa, 40 percent of municipal revenue comes from property taxes, compared to a
national average of 32 percent. However, cities in states with local-option income taxes rely on property
taxes for only 24 percent of their revenues. Alocal-option income tax has the ability to generate
substantial revenue for cities; to raise the equivalent of a 1-cent increase in the statewide sales tax would
require about an 11.6 percent surtax on the existing statewide income tax. The actual surtax needed for a
city to generate revenue equivalent to a 1-cent local-option sales tax would depend on the size of that
city's sales and income tax bases.
Local-option income taxes apply only to residents, meaning that cities cannot generate revenue from
commuters who work in the city and benefit from city services but live outside of city limits. Payroll or
earnings taxes levy a tax on wages and salaries by place of employment; a city collects taxes based on
the income earned within the city, regardless of the place of residence of the income earner. Earnings
constitute a larger share of income when families move off transfer programs such as Food Stamps and
then decline as a share at the upper end of the income scale, where property income (rent, dividends,
interest and capital gains) becomes a larger percent of income. As a result, an earnings or payroll tax
disproportionately affects families where a large percentage of income comes from earnings rather than
other income sources. Two families with the same income could pay substantially different amounts of
local option earnings taxes if one family's income was entirely based on taxable wages while the other
family's income was based on wages plus dividends and interest, or pension income.
One way to address this problem is to pair the local-option earnings tax with local-option income taxes.
Individuals pay an earnings tax based on their place of employment, but receive a credit on their local-
option income tax for the amount of the earnings tax. This combination operates just like existing state
and federal income taxes, where tax is withheld from paychecks by the employer on the basis of
earnings, and the taxpayer is credited with the withheld tax when filing the tax return. This combination
makes the tax system equitable at the individual level and provides revenue for local governments where
an individual works as well as lives. It also means that there is a simple way of collecting much of the
local tax at the place of employment, piggybacking on the existing state withholding system, and
ensuring that taxpayers contribute periodically and are not hit with the entire bill at filing time.
16
Impact Fees
Impact fees are one-time fees levied by local government on builders or developers in order to generate
a portion of the revenue that will be needed to fund public services and infrastructure for new
residents.'s The fees must go directly to pay for the costs of new development. For instance, revenue
from fees may fund infrastructure such as local roads, water and sewer system expansion, or new parks
and libraries. Iowa law does not explicitly allow local governments to impose impact fees, although
cities are able to negotiate with developers and levy other charges that function similarly to impact fees.
Cities can, for example, implement what are referred to as "tap-on fees," which charge homeowners for
connecting to newly constructed infrastructure such as water or sewer lines, and they can charge
developers all or part of the costs for the provision of infrastructure serving a new development.
Impact fees function as an alternative to property taxes and allow cities to charge the costs of new
development to those benefiting from the development, rather than assigning it to all residents through a
tax-rate increase.
When they are structured such that new development must cover its marginal cost to the city for access
to services such as sewer and water, impact fees can incept more efficient land-use patterns by
encouraging development near existing services. The developer in most circumstances will be able to
pass the cost of the impact fee back to the landowner (by offering less for the land) or on to the home
buyers.16 Buyers will pay a greater proportion of the impact fee to the extent that homes in those
locations are in high demand and close substitutes (such as subdivisions with no impact fees) are not
available. Where infill development is possible and contiguous locations are available that have few or
no impact fees, the high-impact fee locations become less attractive and land there is held out of
development. However, where neighboring jurisdictions or the unincorporated county have no impact
fees, impact fees can actually shift development further from existing infrastructure. This highlights the
need for regional cooperation to bring about smart growth patterns. Impact fees are structured
progressively to the extent that they fall on landowners and higher income home buyers where new
development occurs on the urban fringe.
Another way of controlling urban sprawl would be to allow cities to impose deferred assessments on
farmland on the urban fringe. As long as the land continued to be used in agricultural production, it
would be taxed as agricultural property (according to its income potential rather than its higher market
value). However, if the land were converted into commercial or residential development, the developer
would owe back taxes based on market assessment. This type of assessment practice would help cities
manage growth and, similar to impact fees, provide incentives for infill development.
Payments In Lieu of Taxes
State law exempts certain types of properties -including religious institutions, war veterans'
associations, retirement and nursing homes, educational institutions, other charitable institutions and
racetracks -from paying property taxes." Government property (state, federal and municipal) is also
exempted. Each exemption is limited to 320 acres and must be filed with the city assessor. If these types
15 For a helpful discussion of impact fees, see: Carrion and Libby (2001). "Development Impact Fees: A Primer."
Working Paper. The Ohio State University. Available from: httg://aede.osu.edu/resources/docs/gdf/910676B4-
2A3C-4086-B6CB09223CBC2EA7.gdf
To the extent that the impact fee is a developer cost that reduces the net profit from developing the land,
developers will figure this into their project pro formas. This has the effect of lowering the maximum land price the
developer can offer while maintaining the project's required profit rate. The developers can take their projects
elsewhere if the landowners do not agree; the landowner can't move the land.
" Iowa Code Chapter 427.1.
17
of property take up an increasing share of city property, exemptions can reduce the city tax base and
lower cities' abilities to raise revenue. This has been a particular problem in large cities where a
declining tax base has been exacerbated by exempt properties continuing to locate in the central city.
Table 5 uses data from the Department of Revenue on the value of tax-exempt properties in Iowa and
from the Department of Management on total taxable values of city property to estimate the share of the
city tax base taken up by exempt property, as well as the potential revenue that cities could gain from
requiring payments in lieu of taxes. Values from the eight cities in Iowa that have a city assessor's office
are reported below; most cities assess property through the county assessor's office. Table 5 shows that
cities vary in the amount of property located within their boundaries that is exempt from property taxes.
Only 5 percent of Ames property is exempt from property taxes, while just over 20 percent of property
in Dubuque is exempt.'
Table 5. Revenue from Exempt Properties Could Contribute to Public Safety Costs
FY08 Levy Rate
General Fund
Levy and
Emergency Levy
2007 Value
of Exempt
Property Value as
Percent
of Total
Valuation Revenue as
Share of
Potential Property Tax
PILOT Revenue Levied
Ames $5.49 $ 103,032,080 5.3% $ 233,455 1.2%
Cedar Rapids $8.10 $ 555,279,086 11.4% $ 1,857,575 2.8%
Clinton $8.37 $ 143,143,189 18.8% $ 494,818 4.3%
Davenport $8.37 $ 498,721,958 14.3% $ 1,723,987 3.3%
Dubuque $8.10 $ 397,787,685 20.4% $ 1,330,719 7.6%
Iowa City $8.10 $ 203,188,220 8.1 % $ 679,726 1.7%
Mason City $8.10 $ 123,102,031 13.1 % $ 411,813 3.8%
Sioux City $8.37 $ 419,511,400 19.4% $ 1,450,171 4.2%
Source: Iowa Department of Revenue, Iowa Department of Management
Payments in lieu of taxes (PILOTs) are voluntary payments made on behalf of tax-exempt property,
negotiated to compensate cities for fire and police protection of those properties. For instance, the
federal government reimburses localities for the protection of federal tax-exempt land such as national
parks. Other cities require that non-profit hospitals, which do not have to pay property taxes, pay a fee to
the city in exchange for their share of public safety benefits. The Regents universities in Iowa have
followed a policy of providing payments in lieu of taxes for fire protection.
As Table 5 shows, cities could in some cases raise substantial amounts of revenue by negotiating with
tax-exempt properties to contribute to public safety protection. For instance, with over $400 million in
tax-exempt property (almost 20 percent of its tax base), Sioux City could generate 4.2 percent of its
FY2008 property tax revenue from payments in lieu of taxes. The calculations in Table 5 assume that
exempt properties should only pay for the share of the levy that goes to public safety expenditures. Since
'$ The value of exempt property will also vary depending on the practices of individual city assessors, who are
required to submit assessments even for properties that do not pay taxes but may not give these assessments
high priority. The city of Ames, for instance, reports $0 in exempt educational institution assessments, which may
or may not reflect the status of university property, depending on arrangements reached with the Regents and the
city, as well as on how those properties are assessed.
18
expenditures on police, ambulance, and fire protection account for 41.3 percent of the general fund, we
adjust the levy rate accordingly.
In order for changes to be made to property tax exemptions in Iowa, the Legislature would have to
amend eligibility for exemption or allow cities to exercise greater discretion in determining the terms of
exemption. For instance, legislators could authorize cities to choose to phase in or phase out an
exemption in order to prevent sharp adjustments to a city tax base, use zoning to limit qualifying areas
where an exempt property would be located within the city, or set a dollar amount limit on the
property's value, rather than limiting by the number of acres it can occupy.'y
Sustainable Economic Development Policies
Cities must apply the same criteria of fairness and sustainability when evaluating economic development
politics as they do when choosing new financing options. Economic development policies play an
important role in growing the local tax base so that city revenues can increase in tandem with new
residents. Attracting business, creating more jobs and increasing the income of residents keeps cities
strong by generating tax revenue that enables cities to provide important services to residents. Cities
have a number of different tools available to encourage local economic development. Investments in
local amenities such as recreation, landscaping and parks projects, trail systems, farmer's markets and
cultural programs enhance quality of life and make a city more attractive to potential residents. Cities
also invest in maintaining and improving local services such as emergency response systems, local
transportation options, affordable housing, and community medical care. School boards have a crucial
function in shaping educational opportunities and helping the local education system meet future
workforce demands, and the quality of local schools is important to residents in choosing where to live,
and employers in choosing where to locate. Local decisions about tax incentives such as property tax
abatement and tax increment financing districts also play a role in determining the structure of new
development.
A local economy is not defined by city or county boundaries, but rather by a market area: the region
from which employers draw their labor force, and the region in which households make most of their
local purchases. Labor markets are generally multicounty metropolitan areas, and this has become more
the case over time as the counties surrounding Iowa's major cities have come to house an ever larger
share of the workforce. The market areas for major shopping malls are multi-county as well, and even
smaller retail centers draw from well beyond the borders of the city in which they are located. Many
Iowa cities have come to recognize that their fortunes are dependent on the health of a regional economy
and have begun to work together on economic development. At the same time, there has been increasing
recognition of the social costs of far-flung, low-density development. As commuting distances increase,
fuel consumption and air pollution increase, prime farmland disappears, and traffic congestion worsens.
This has again led to recognition of the interdependence of localities and the need for regional
cooperation in reducing urban sprawl and promoting more efficient development patterns.
Unfortunately, Iowa's system of local government finance has not evolved to accommodate or
encourage the kind of regional solutions needed for smart growth and sustainable economic
development. In fact, over the past twenty years the local tax system has moved in the opposite
direction, increasingly towards one that rewards and encourages destructive competition among cities
for tax base and revenue. Tax-increment financing, in particular, works at cross-purposes with
regionalism and cooperation.
19 Pomp, Richard. "The Collision Between Non-Profits and Cities over the Property Tax: Possible Solutions" in
Property Tax Exemption for Charities, Ed. Evelyn Brody. Urban Institute Press, 2002.
19
Faced with shrinking revenues as a result of a decline in tax bases associated with an unchecked
residential rollback and reductions in state aid to local governments, cities have sought forms of
economic development that maximize revenue while minimizing spending. This limits the amount of
investment that can be done in the name of economic development. Furthermore, although a substantial
body of academic literature concludes that tax incentives are a small and often insignificant factor in
shaping business location decisions, political rhetoric has largely succeeded in identifying tax incentives
as the sole effective strategy in driving local economic development.70 As a result, local economic
development policies in Iowa often encourage competition for commercial and industrial tax base at the
expense of promoting more sustainable, regional economic growth.
Tax Increment Financing
The prime example of an unsustainable economic development policy that undermines regional
cooperation and smart growth planning is unrestrained use of tax-increment financing (TIF). Originally
a product of the push for urban renewal in the 1950s and 1960s, TIF was designed to facilitate
redevelopment of blighted areas in cities. The idea was to help investors recoup costs of rehabilitating
properties in a neighborhood with depressed property values, using public resources to reverse the
decline and make private redevelopment profitable. Such an initiative could be financed by using future
gains in tax revenues, instead of dipping into existing revenues counted upon by cities, counties,
schools, community colleges and special taxing districts. Eventually, it was argued, the increased tax
base would benefit all those jurisdictions levying property taxes in the redeveloped area.
Under the original "blighted area" concept of TIF, the city would identify an area where private
investment was lacking but would benefit the community, and would then designate the area a TIF
district. The city would then undertake needed public improvements to prompt private development or
redevelopment, issuing TIF bonds to finance the public investments. These bonds would then be retired
or repaid out of the property tax revenues from the "increment," or increased taxable valuation within
the TIF district, that resulted from the city's improvements. TIF only affects use of revenue from the
increase in property valuation. The valuation prior to the TIF project is the "base year" valuation;
revenues from this valuation continue to flow to cities, schools and counties. Almost all property tax
revenues on the increment -revenues that otherwise would have gone for general city, school and
county use -are used to repay the TIF bonds. Finally, when the bonds are fully retired or repaid, the
TIF revenues flow to all taxing jurisdictions and the TIF district ceases to exist. This, at least, was how
TIFs were originally meant to be used.
The focus of TIF changed in the 1980s, when Iowa cities were allowed to start using TIF for economic
development, broadly defined. For an economic development TIF there need be no finding of blight or
decline. TIF use is simply intended to create jobs or expand the tax base. Use of TIF in Iowa has
exploded over the past decade and a half. While there were only 746 TIF districts in Iowa in fiscal year
1991, that number had more than tripled by fiscal year 2006, to 2,358 TIF districts.' TIF districts have
become Iowa's largest economic development program. In FY2006, statewide budgeted TIF revenue
was $174.7 million.~~
zo See, for example, Lynch, Robert. Rethinking Growth Strategies: How State and Local Taxes Affect Economic
Development. Washington, DC: Economic Policy Institute, 2004 and Peters, Alan and Peter Fisher. "The Failures
of Economic Development Incentives." Journal of the American Planning Association, 70 (1 ), Winter 2004: pp27-
38.
21 Swenson, Dave and Liesl Eathington. "Tax Increment Financing Growth in Iowa." Iowa State University. April
2006. Available from: httg://www.econ.iastate.edu/research/webgagers/paper 12586.gdf
zz Iowa Legislative Services Agency (2006) Tax Increment Financing Outstanding Obligations Report - 2005.
Available from: httg://www.legis.state.ia.us/Isadocs/IssReview/2006/IRJWR001.PDF.
20
While its original purpose was as a targeted strategy designed to stimulate re-investment in blighted,
urban areas, TIF is now employed almost indiscriminately and in ways that undermine rather than
promote sustainable growth. Unchecked TIF use promotes urban sprawl and can end up subsidizing
retail businesses building on undeveloped land, as happened in West Des Moines when Jordan Creek
Town Center took advantage of TIF funds to develop a large retail park on what had been farmland.23
TIF projects in Scott County and surrounding areas have helped accelerate the decline of Davenport's
downtown, arguably adding to urban blight rather than reducing it. In seven of Iowa's nine metro areas
(metropolitan statistical areas or MSAs), average TIF revenue per capita is higher in each MSA's
suburbs than it is in the central city.' None of the top 10 users of TIF, as measured by per capita levels
of outstanding TIF obligations, are metropolitan cities; rather, they are all suburbs of metropolitan areas
or cities located in non-metro areas of the state.~s
Because TIF is being most heavily used in the suburbs, it no longer targets its benefits toward low-
income residents of central cities. The Des Moines-West Des Moines metropolitan statistical area
(MSA), for example, encompasses the counties of Polk, Dallas, Guthrie, Madison and Warren. This
five-county region includes the "central cities" of Des Moines and West Des Moines, suburban areas
around the central cities, and rural areas on the outskirts of urban development. While the central cities
of Des Moines and West Des Moines are home to 76 percent of the MSA's individuals living in poverty,
they account for only 36 percent of the MSA's TIF revenue. Under the original, "blighted area" concept
of TIF use, most or all TIF areas would exist in urban areas with high levels of poverty, which most
often exist in the central cities. Currently, however, per capita TIF revenue for individuals living in
poverty in Des Moines and West Des Moines amounts to $823, while there is almost $5,000 in TIF
revenue for every poor individual living in the suburbs.
Using TIF to stimulate general economic development rather than specifically to address blight is within
the bounds of Iowa's current TIF law. However, the looseness of Iowa's TIF law and cities' eagerness to
use it as their primary tool of economic development gives rise to some significant problems that may
actually undermine local economic development goals. Promoting suburban development on open land
often means attracting big-box retailers that compete with local businesses, undermine Iowa's median
wage,' and require the extension of city infrastructure related to sewer, water, electricity and
transportation. In addition, because TIF allows the city to capture all the property taxes from new
property valuation in a TIF district, this can erode the capacity of other taxing districts such as counties
and school districts to meet their obligations. This problem arises when TIF ends up funding projects
that would have occurred anyway and would have caused natural growth in the property tax base from
which all taxing jurisdictions would benefit. And, if a city uses TIF to take advantage of already-
occurring investment, by designating the area around arecently-completed facility as a TIF district
whose base year falls prior to the investment, this again captures tax revenue that otherwise would have
gone to overlying jurisdictions. When counties and school districts face such constraints on their
revenues, their own capacity to invest in alternative forms of economic development is hampered.
It is important to recognize the extraordinary power granted to cities under the TIF law. While counties,
school districts and community colleges share the same property tax base, under TIF a city is allowed to
zs LeRoy, Greg (2008) "TIF, Greenfields, and Sprawl: How an Incentive Created to Alleviate Slums Has Come to
Subsidize Upscale Malls and New Urbanist Developments." Planning and Environmental Law 60 (2): 3-11.
Available from: httg://www.goodiobsfirst.org/gdf/aga.gdf.
z4 IPP analysis of FY 2006 Iowa Department of Management data.
ze Iowa Legislative Services Agency.
zs Gordon, Colin and Beth Pearson (2008). The State of Working Iowa 2008. Available from:
httg://www.iowagolicygroiect.orq/2008docs/080828-SW12008.gdf. The average weekly wage for retail trade in
Iowa is $401, while the average weekly wage for all industries is $660.
21
pull a portion of that tax base out from under the overlying jurisdictions: the school district, the county,
and the community college. When TIF is used properly, say to promote the expansion of a city's
manufacturing base, and where the incentives provided through the TIF were actually necessary to bring
about new manufacturing investment, then that new tax base would not have been there but for the TIF.
The school district, the county, and other jurisdictions are eventually made better off by the city's use of
TIF (again assuming a proper use of TIF, where the TIF expires and the overlying jurisdictions then are
able to fully tax the new property.) But in far too many instances, the TIF is not used properly-it is
used to attract retail or other local-market activity that needs no incentives, or the district never
disappears and the TIF valuation never gets to be fully taxed by the schools and the county. In these
instances, the city, in effect, is allowed to appropriate other jurisdictions' taxes, and in the process forces
the school district and the county to raise their property tax rates to make up for the lost revenue. County
supervisors and school boards then must absorb taxpayer resentment for higher taxes, while the city gets
use of a substantial pool of money with very few restrictions on how it can be spent. It is this ability to
shift costs onto taxpayers outside the city that has made TIF so attractive to cities and stimulated the
proliferation of TIF districts, some of which now encompass entire cities. This is the opposite of
regional cooperation.
As a result of rapid growth in TIF use in Iowa, the value of the tax base available to local governments is
now growing more slowly than overall gross taxable valuation. Although it still accounts for only 6.5
percent of total valuation, TIF valuation was the fastest-growing component of gross valuation over the
past five years. TIF valuation increased almost 50 percent between 2004 and 2009, while overall gross
taxable valuation in the state increased 23 percent, or an average of 4.6 percent annually. Non-TIF
valuation -which provides a better measure of the tax base available to local governments -grew
more slowly than total gross valuation at an average of 4.2 percent annually.
Figure 10. TIF Growth Dwarfs Growth in Overall Valuation, FY2004-09
60°~
49°~
50°~
0
N 40°~
0
N
LL
0 30°~
25°~
~ 23°~
.~
20°~
t
0
C7
10°~
0°~ -
Total Valuation Non-TIF Valuation TIF Valuation
Source: Iowa Department of Management
As discussed above in the section on local-option sales taxes, local TIF authority in Iowa expanded
through a provision inserted into the standings bill at the end of the 20081egislative session, allowing
22
cities to capture local-option sales taxes generated within TIF districts. Passing an ordinance to this
effect allows the city to retain the additional increment of local-option sales tax revenue generated from
within the district, instead of passing all revenue to the county pool for distribution.
Sales-tax TIF districts are subject to the same types of problems as are TIF districts associated with
property tax. In addition, they provide incentives for retail development that are likely to be unnecessary
given the nature of the retail market. Because retail is heavily dependent on the local market,
development decisions are based on location and customer base rather than incentives. Retail
developments in one area of a county will tend to draw market share away from existing retail in other
parts of the county, which could mean a decline in the local option sales tax revenue available for shared
distribution and, eventually, an erosion of the sales tax base. Expanding the local-option sales tax by
allowing cities to impose their own 1-cent tax on top of the existing LOST they now may capture
through a TIF district would also exacerbate these unsustainable forms of competition. Local economic
development policies can actually shrink the tax base for localities when they encourage competition
among cities within a region and remove large chunks of property from the pool of taxable valuation.
Tightening Iowa law to prevent the overuse of TIF would help restore TIF as a more effective, well-
targeted economic development strategy closely tied to goals of sustainable growth. In particular,
economic development TIFs should not be used for retail or residential development since retail location
decisions and residential subdivisions are driven by location and local market conditions, rather than by
tax incentives. While blighted area TIFs are appropriately used more broadly, economic development
TIFs should be limited to assisting projects that expand the economic base of the region -export
activities such as manufacturing and wholesaling -rather than merely shifting the location of retail or
residential activity within the region, to the detriment of some. There should be constraints on the size of
TIF areas: They should be limited to a certain percent of a city's land area or tax base, so that they
remain true to the targeted redevelopment intent of TIF. Some cities have already made the entire city a
TIF area, and there is no reason to expect many more cities to restrain themselves from following suit.
Finally, the new sales-tax TIF law should be rescinded quickly, before widespread use makes this
politically impossible.
Conclusion
Revenue options that score well on equity and fairness and take account of families' ability to pay taxes
are available to some local governments and, in many cases, are already in limited use. For instance, the
local option income tax is used in all of Iowa's 99 counties to fund school districts and could easily be
expanded for use by city governments as well. Cities already aware of the need to raise revenue to
accommodate new development should be allowed to utilize impact fees rather than be forced to rely on
tax increment financing as their sole tool for directing and incepting growth.
When identifying new revenue sources for local government in Iowa, policymakers must consider the
distributional impacts of these choices, as well as their consequences for sustainable economic
development. Local revenue generation that relies on regressive taxes such as additional sales taxes or
franchise taxes will disproportionately impact middle to low-income families in Iowa. Any form of
revenue generation will affect the shape of economic development in a city; the challenge for local and
state officials is to adopt solutions that build on regional strengths rather than pitting cities against each
other in a race to attract low-wage retail jobs.
New revenue options for cities could be designed to promote cooperation among local governments. A
local-option income tax, for example, could be provided as an option to cities and to the county only if a
major portion of the revenues were used to fund regionally provided services, and only if the remainder
23
were shared among localities on the basis of need (perhaps simply population). There are many
opportunities for local governments to combine particular services to achieve economies of scale, to
promote the regional economy, to begin to plan development on a regional scale, or to provide regional
amenities that will enhance the quality of life and the development potential of all cities in the region.
Regional transit systems, sewage treatment facilities, cultural and recreational facilities, emergency
services, economic development offices, recycling facilities -the list is long.
Cities should be allowed new revenue sources that bring them together rather than driving them to
compete ever more intensely for the prizes of commercial or industrial tax base. In exchange, they
should be willing to accept constraints on the use of TIF to eliminate the wasteful and competitive uses
of TIF incentives. Cities recognize they are part of a regional economy and it is time that Iowa's system
of local finance is transformed to align with this fact of regionalism.
24
~~'.,,_-..®~r CITY OF IOWA CITY IP5
~~~~~~
EMIR
M
DATE: November 19, 2008
TO: Mayor and City Council J)
FROM: Marian K. Karr, City Clerk ~~ l~~
1ZE: Budget and Meeting Schedule January-March 2009
The City Council approved the following schedule on November 17th.
JANUARY
January 1, Thursday -New Year's Day, offices closed
January 5, Monday -Work Session
January 6, Tuesday -Formal
January 10, Saturday
Special Work Session, BUDGET, 8AM - 3PM
January 12, Monday
Special Work Session, BUDGET, 6:30PM
January 15, Thursday
Special Work Session, BUDGET (CIF's-Televised), 1:30 - 8:OOPM
January 19, Monday -Martin Luther King, holiday, offices closed
January 28, Wednesday
Special Work Session, BUDGET (Boards/Commissions/Community Events), 6:30 PM
January 29, Thursday
Special Work Session, BUDGET (if needed), 6:30 PM
FEBRUARY
February 2, Monday - DC Lobbying Trip
February 3, Tuesday - DC Lobbying Trip
February 4, Wednesday - DC Lobbying Trip
February 9, Monday -Special Work Session
February 10, Tuesday -Special Formal
February 16 -President's Day Holiday, offices closed
February 23, Monday -Special Work Session
February 24, Tuesday -Special Formal
(SET PUBLIC HEARING)
(HOLD PUBLIC HEARING)
MARCH
March 10, Tuesday -Combined Special Work Session and
Special Formal (APPROVE BUDGET)
March 23, Monday -Special Work Session
March 24, Tuesday -Special Formal
Next regularly scheduled meeting Apri16/7.
Cc: Cable TV
City Hall Maintenance
Website
U:2009b udgetsched ule. doc
_~ r
~~.~~
CITY OF IOWA CITY
MEMORANDUM
11-20-08
IP6
DATE: November 19, 2008
TO: Mayor and City Council 1\
\~
FROM: Marian K. Karr, City Clerk
RE: Thanksgiving week packet distribution
Due to the Thanksgiving holiday the Council information packet and agenda materials for the
December 1St and 2~d meetings will be distributed on Tuesday afternoon, November 25th after 3:00 PM.
IP7
Marian Karr
From: Troy Kelsay
Sent: Tuesday, November 18, 2008 11:08 AM
To: *Police Supervisors; Dale Helling; Jim Clayton; Marian Karr; Michael Lombardo
Subject: Paula-Report-2008
Attachments: Paula-Report-2008.x1s
-J.~
Paula-Report-2008.
xls (212 KB)...
All -
Here is the PAULA report updated through October 2008. HIS (Tim Hennes & Julie Tallman)
provided updated occupancy load limits. Those updated limits are reflected beginning on
the October report.
tak
Iowa City Police Department
P.A.U.L.A. Report -May 2008
(Possession of Alcohol Under Legal Age)
Monthly Totals Year-fo-Date Totals PAULA Visit
Business Name occu anc visits arrests visits ~ arrests ear-to-date
808 Restaurant & Nightclub [176] ~ 4 ii 4 16 31 1.938
Airliner [265] 2 0 8 2 0.250
American Legion [140] -
Aoeshe Restaurant [156]
Atlas World Grill [165] 3 0 4 0 0.000
Blackstone -- --_ _-- ___ -_
- __--
Bluebird Diner I
Bob's Your Uncle (Dodge) ~ li
Bo-James [111] --~, 2 1 16 3 0.188
_ -
Bread Garden Market & Bakery
[It's] Brothers Bar & Grill [456] 9 4 50 ', 40 0.800
The Brown Bottle 289 _ ~ _ _ '
-- - - - __ .
Buffalo Wild Wings Grill & Bar [179] ~ 2 0 0.000
Cafe Z [56]
Carl & Ernie's Pub & Grill [154] 1 0 3 0 0.000
- -
__
- -- -
Carlos O'Kelly's [299]
Chipotle Mexican Grill
The Club Car 56 __ ~
[ 1 - _ [ [~ 1 _ - -- - _-~ _ - _- - _ - - ---
Club Furna 500 ~
Colonial Lanes [502] 3 0 0.000
Dave's Foxhead Tavern [87] 1 - -_, 0 0.000
David's Place 1 0 0.000
DC's 16 I 0 0.000
[The] Deadwood [218] _ I _ 1 - 0 6 - _ -- 0 __ -__ 0.000 - -
_- - -
Devotay [45]
Donnelly's Pub 3 0 0.000
[The] Dublin Underground [57] _ _ 1 0 5 -, 0 0.000
[Fraternal Order of] Eagle's [315] ~ ' 1 ~ 0 0.000
EI Dorado Mexican Restaurant
[BPO] Elks #590 [205] III4
EI Ranchero Mexican Restaurant [161]
Englert Theatre
Etc [178] 6 _~_- _9 24 'i _ 38 1.583
- _ - i _ - - - -_ _ -- - - _- -
Farras f 2 0 15 0 0.000
[The] Fieldhouse (aka Third Base) [420] 6 16 35 70 2.000
Firewater
Formosa Asian Cuisine ~
George's Buffet [75]
Givanni's [187]
-- - -
Godfather's Pizza [170]
Graze [49]
Grizzly's South Side Pub [265] _ 5 ' 0 0.000
Guido's Deli r
[The] Hilltop Lounge [90]
IC Ugly's [72]- -_ - 1 ~ 0 ~ -0.000 - _ -
India Cafe [100] ~ ~
[The] Industry [458] I 5 0 5 0 0.000
Jimmy Jack's Rib Shack
Joe's Place [161] 2 0 9 0 0.000
Joseph's Steak House ~ '
Kandy Land [120] I~ 1 ~ 0 0.000
La Casa [300] _ - _ - i - - - --
La Reyna
Linn Street Cafe [80]
Los Cocos I
Los Portales [161]
1
,
Martini's [166] 1 _
-- ___ - - - 0
-
Masala [46]
1
'
0
s [70]
Micky
[The] Mill Restaurant [325]
- --- _ _ - -
[Loyal Order of] Moose [476]
Monica's Italian Bistro & Pizzeria [204*]
[Sheraton] Morgan's [214] ~
-- - -
-
Motley Cow Cafe [25] ~
Okoboji Grill (222]
Old Capitol Brew Works [394*] _ _
One-Eyed Jake's [355] 6 11
One-Twenty-Six [105]
Oyama Sushi Japanese Restaurant [87]- -
Pagliai's Pizza [113]
Panchero's (Clinton St) [62] j
Panchero's Grill (Riverside Dr) [95]
Piano Lounge [65] 3 0
[The] Picador [339] I
Pit Smokehouse
-~ -
- -----
_
Pizza Hut [68J
Quality Inn/Highlander [971]
Quinton's Bar & Deli [149] 1 0
- _ _ ----
[The] Red Avocado
Rick's Grille & Spirits [120]
Riverside Theatre
Saloon [#]
Sam's Pizza [94]
[The] Sanctuary Restaurant [132]
Shakespeare's [120]
Short's Burger & Shine [47]
Skybox [47] _ _
- __ - __ _
-
- -
Speakeasy 1 ~ 0
Sports Column [249] 10 I 11
Studio 13 [230] ~ 4 0
[The] Summit [484] 8 9
Sushi Popo
Takanami Restaurant [148]
- __
-
_-
I 1
TCB [250] 0
Thai Flavors [60]
Thai Spice [91] _
-- __
T. Spoons
Union Bar [725] 9 11
VFW Post #3949 [197]
[The] Vine Tavern [170]
Vito's [235] 7 0
Wig & Pen Pizza Pub [203*]
- - __ -
-
[Iowa City] Yacht Club [119] 3 0
Zio Johno's Spaghetti House [94] i
Z'Mariks Noodle House [47]
Totals: I 99 76
Other PAULA at non-business locations: 13
PAULA Totals: 89
current month
10 0
1 0
1 ~ 0
2 0
33 57
-
5 ~ 0
4 1
r-
8 0
5 1
1 -, 0
_13 _ 0 -
29 43
10 6 _
26 _ 32
--
13 0
40 39
0.000
0.000
0_000
0.000
1.727
0.000
0.250
0.000
--
0.200
0.000
- - -._
0.000
1.483
0.600
1.231
-.
0.000
0.975
33 29
--
16 - _ -
2
480
427
year-to-date
0.879
0.125
0.821
(*includes outdoor area]
Iowa City Police Department
P.A.U.L.A. Report -June 2008
(Possession of Alcohol Under Legal Age)
Monthly Totals Year-to-Date Totals
Business Name occu anc visits arrests visits arrests
808 Restaurant & Nightclub [176] 1 0 17 31
Airliner [265] 1 1 9 3
American Legion [140] ~ _
Aoeshe Restaurant [156] I
Atlas World Grill [165]
Blackstone
___ --
Bluebird Diner
Bob's Your Uncle (Dodge)
Bo-James [111]
--- _
Bread Garden Market & Bakery
[It's] Brothers Bar & Grill [456]
[The] Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [179]
Cafe Z [56]
Carl & Ernie's Pub_& Grill [154]
Carlos O'Kelly's [299]
Chipotle Mexican Grill
[The] Club Car [56]
_ - _ __ --
Club Furria [500]
Colonial Lanes [502] Ii
Dave's Foxhead Tavern [87]
__ - - - _ - -
David's Place
DC's 1
[The] Deadwood [218]
Devotay [45J
Donnelly's Pub
[The] Dublin Underground [57]
- -
- -
[Fraternal Order of] Eagle's [315]
EI Dorado Mexican Restaurant
[BPO] Elks #590 [205]
EI Ranchero Mexican Restaurant [161]
Englert Theatre
Etc [178] _.
Farras
[The] Fieldhouse (aka Third Base) [420] 8
Firewater
Formosa Asian Cuisine
George's Buffet [75]
Givanni's [187]
- -- -. - _ _
-
Godfather's Pizza [170]
Graze [49]
0
4 0
18
Grizzly's South Side Pub [265]
Guido's Deli ~
[The] Hilltop Lounge [90]
IC Ugly's [72]
- -_ _ i- -
India Cafe [100]
[The] Industry [458]
Jimmy Jack's Rib Shack
Joe's Place [161]
Joseph's Steak House '~
Kandy Land [120J
La Casa [300]
La Reyna I I
Linn Street Cafe [80] j
18 4
56 46
-- --
2 - -
0
---3-~ __
3
1 0
0
1
17
6 0
0
0
3
5
1
~ 0
0
--
0
-- - __
24 ~
_
38
15 0
43 88
--
I
5
_
0
___
1 ! 0
5 0
9 0
1 0
PAULA Visit
1.824
0.333
0.000
0.222
0.821
-- __
0.000
0.000
0.000
0.000
__
0.000
0.000
0.000
0.000
_0.000
-_ - _ _ _ _
0.000
1.583
-- _-- -
0.000
2.047
0.000
Los Cocos ~ '
Los Portales [161] ,
Martini's [166] 1 0
-- ---_ --
Masala [46]
--
~~
Micky's [70]
[The] Mill Restaurant [325]
[Loyal Order of] Moose [476]
Monica's Italian Bistro & Pizzeria [204*]
[Sheraton] Morgan's [214]
---
- - ~_
Motley Cow Cafe [25]
Okoboji Grill [222]
Old Capitol Brew Works [394*]
--
_-_
One-Eyed Jake's [355] 1 1
One-Twenty-Six [105]
Oyama Sushi Japanese Restaurant [87]
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95]
- - - - -
- -_
Piano Lounge [65]
[The] Picador [339]
Pit Smokehouse
- __ _ _
Pizza Hut [68]
Quality Inn/Highlander [971]
Quinton's Bar & Deli [149]
[The] Red Avocado
Rick's Grille & Spirits [120]
Riverside Theatre
-_ _- __
Saloon [#]
Sam's Pizza [94]
[The] Sanctuary Restaurant [132] _ _ _
Shakespeare's [120]
Short's Burger & Shine [47]
Skybox [47]
Speakeasy 2 0
Sports Column [249] 2 7
Studio 13 [230]
__ - _
[The] Summit [484] 3 6
Sushi Popo
Takanami Restaurant [148]
----
TCB [250] 1 0
Thai Flavors [60J
Thai Spice [91]
- -- - _ _ - -
T. Spoons
Union Bar [725] 1
4
VFW Post #3949 [197] ~
[The] Vine Tavern [170] ' I
Vito's [235]
Wig & Pen Pizza Pub [203*]
[Iowa City] Yacht Club [119]
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House [47]
Totals: ; 33 41
Other PAULA at non-business locations: 4
PAULA Totals: 45
current month
2 0
-
- 0.000
- _
34 ,i - - 58 1.706
5
0 - - - -
0.000
4 1 0.250
8 0 0.000
--__ __ _-
5 1 0.200
1 0 0.000
15 0 0.000
31 50 1.613
10 6 0.600
29 38 1.310
14 0 0.000
44 j 40 0.909
33 29 0.879
-
16 --
2 - --__
0.125
513 435 0.848
~; 37
472
year-to-date
(*includes outdoor area]
Iowa City Police Department
P.A.U.L.A. Report -July 2008
(Possession of Alcohol Under Legal Age)
Monthly Totals Year-to-Date Totals
Business Name occu anc , visits arrests visits ~, arrests
808 Restaurant & Nightclub (176] 2 ~ 0 19 j 31
Airliner [265] 9 I 3
American Legion [140]
_ - _ -- -
Aoeshe Restaurant [156]
Atlas World Grill [165]
Blackstone f
_ _- _ _ - --
Bluebird Diner
Bob's Your Uncle (Dodge)
Bo-James [111] __
Bread Garden Market & Bakery
[It's] Brothers Bar & Grill [456] 8
[The] Brown Bottle [289]_ ~
Buffalo Wild Wings Grill & Bar [179]
Cafe Z [56J
Carl & Ernie's Pub & Grill [154]
--_- - - --1 - __ - -
Carlos O'Kelly's [299]
Chipotle Mexican Grill
[The] Club Car [56]
Club Furria [500] ~
Colonial Lanes [502] 1
Dave's Foxhead Tavern [87] _~
David's Place
DC's 1
[The] Deadwood [218]
_ - _ _- _ --
Devotay [45]
Donnelly's Pub
[The] Dublin Underground [57]
- -~_ -
[Fraternal Order of] Eagle's [315]
EI Dorado Mewcan Restaurant I
[BPO] Elks #590 [205]
EI Ranchero Mexican Restaurant [161]
Englert Theatre
Etc [178] __ __
_ __ _- --
Farras 1
[The] Fieldhouse (aka Third Base) [420] 6
Firewater
- _ __ _ __
Formosa Asian Cuisine
George's Buffet [75]
Givanni's [187] _
- - -
Godfather's Pizza [170]
Graze [49]
Grizzly's South Side Pub [265]
Guido's Deli
[The] Hilltop Lounge [90J
IC Ugly's [721 - - - _ ~ _. .
-- - -- -
India Cafe [100] I
[The] Industry [458] 3
Jimmy Jack's Rib Shack
Joe's Place [161] 1
Joseph's Steak House
4 I 0
PAULA Visit
1.632
0.333
0.000
18 4 0.222
64 ~~ 46 0.719
2 0 0.000
3 0 0.000
__ ~-
4 0 0.000
-- 1 0
_,_
-- 0.000
_
1 ~ 0.000
18 0 0.000
6 0 0.000
3 0 0.000
5 0 0.000
1 0 0.000
24
- ~ 38
_ _ 1.583
_ ___
16 0 0.000
49 94 1.918
5_ l 0 0.000
1 0 0.000
8 0 0.000
10 0 0.000
1 0 0.000
0
0
0
0
6
0
0
Kandy Land [120] _ _ _
La Casa [300]
La Reyna
Linn Street Cafe [80]
Los Cocos 2 0 2 0 0.000
Los Portales [161] L
Martini's [166] 11 0 0.00
- - - - -_
Masala [46] I~ ~
Micky's [70] 1 0 0.000
[The] Mill Restaurant (325]
- _ __ -_
,___ - ___
[Loyal Order of] Moose [476]
Monica's Italian Bistro & Pizzeria [204']
[Sheraton] Morgan's [214] 1 0 0.000
Motley Cow Cafe [25] ',
Okoboji Grill [222]
Old Ca itol Brew Works 394` 2 0 0.000
p - _ - (- ] -_ - - _ -- -- _
- - -_ - - --
One-Eyed Jake's (355] 3 3 37 61 1.649
One-Twenty-Six [105]
i i
Oyama Sushi Japanese Restaurant [87] ~-
- _-
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95] --
-- _ -_ - -
Piano Lounge [65] 2 0 7 0 0.000
[The] Picador [339] 4 1 0.250
Pit Smokehouse ~ ~ _- _ _ -- - - _
_, _ _ -_
- -- - _ -
-- --
Pizza Hut [68] ',
Quality Inn/Highlander [971]
Quinton's Bar & Deli [149]_ 8 0 0.000
- -
[The] Red Avocado
Rick's Grille & Spirits [120] ~
Riverside Theatre I _ __ _ _ - _--- - -
- _ __ 5 1 0.200
Saloon [#]
Sam's Pizza [94]
[The] Sanctuary Restaurant [132] _ _
Shakespeare's [120]
Short's Burger & Shine [47]
Skybox [47] ~ I 1 ~ 0 0.000
Speakeasy 3 I 0 18 0 0.000
Sports Column [249] 6 10 37 60 1.622
-1 6 0.500
Studio 13_[230] 2 0 12
[The] Summit [484] 4 7 33 45 1.364
Sushi Popo
Takanami Restaurant [148] _ _
- - _ --- - -
__
TCB [250] 14 0 0.000
Thai Flavors [60]
Thai Spice [91]
T. Spoons
Union Bar [725] 1 I 0 45 40 0.889
VFW Post #3949 [197] 1 0 1 0 0.000
[The] Vine Tavern [170]
Vito's [235] 2 0 35 29 0.829
Wig & Pen Pizza Pub [203'] -'
[Iowa City] Yacht Club [119] I, 1 ~ 0 17 2 0.118
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House [47]
Totals: 50 26 563 461 0.819
Other PAULA at non-business locations: 5 42
PAULA Totals: 31 503
current month year-to-date
(*includes outdoor area]
Iowa City Police Department
P.A.U.L.A. Report -August 2008
(Possession of Alcohol Under Legal Age)
Monthly Totals Year-to-Date Totals
Business Name occu anc visas arrests visas arrests
808 Restaurant & Nightclub [176] 4 3 23 34
Airliner [265] 1 1 10 4
American Legion [140]
_
Aoeshe Restaurant [156]
Atlas World Grill [165] ~j 4 0
Blackstone { _
Bluebird Diner
Bob's Your Uncle (Dodge)
~
~
Bo-James [111] _
Bread Garden Market & Bakery I 0
2 _
~ 20
I 4
[It's] Brothers Bar & Grill [456] 11 4 75 50
[The] Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [179]
Cafe Z [56]
Carl & Ernie's Pub & Grill [154]
Carlos O'Kelly's [299] - -
Chipotle Mexican Grill
[The] Club Car (56] _ I__ _ __ '~
_ _ _ - _
Club Furria [500]
Colonial Lanes [502] 1
Dave's Foxhead Tavern [87]
David's Place
DC's 2
[The] Deadwood [218] _ 1
_-- __ __
Devotay [45]
Donnelly's Pub ~ 1
[The] Dublin Underground [57]
[Fraternal Order of] Eagle's [315]
EI Dorado Mexican Restaurant
[BPO] Elks #590 [205]
EI Ranchero Mexican Restaurant [161]
Englert Theatre ,
Etc [178] _'r_ 5
Farras I 6
[The] Fieldhouse (aka Third Base) [420] 12
Firewater 3
Formosa Asian Cuisine
George's Buffet [75]
Givanni's [187] _
_____ _ __
Godfather's Pizza [170]
Graze [49]
Grizzly's South Side Pub [265]
---- __- _
Guido's Deli
[The] Hilltop Lounge [90]
IC Ugly's [72]
-- -
India Cafe [100]
[The] Industry [458]
Jimmy Jack's Rib Shack
Joe's Place [161]
Joseph's Steak House
Kandy Land [120]
La Casa [300]
La Reyna
Linn Street Cafe [80]
-_
2 _ __
0
3 L 0
_
PAULA Visit
(year-to-date)
1.478
0.400
0.000
0.200
0.667
_ _ -
0.000
0.000
0 5 0 0.000
1 0 0.000
1 0 0.000
0 20 0 0.000
0 7 0 0.000
0 4 0 0.000
5 0 0.000
-- -_ _ __
1 0 0.000
2 29 40 _1.379
0 22 0 0.000
18 61 112 1.836
0 3 0 0.000
0 6 0 0.000
0 1 I 0 0.000
1 ; 0 0.000
0 10 0 0.000
1 12 1 0.083
1 0 0.000
Los Cocos
Los Portales ['
Martini's [166__]
Masala [46]
Micky's [70]
[The] Mill Rest
[Loyal Order o
Monica's Italia
[Sheraton] Moi
Motley Cow C;
Okoboji Grill [~
Old Capitol Bra
One-Eyed Jak
One-Twenty-S
Oyama Sushi
Pagliai's Pizza
Panchero's (C
Panchero's Gr
Piano Lounge
[The] Picador i
Pit Smokehou
____
Pizza Hut [68]
Quality Inn/Hic
C2uinton's Bar
[The] Red Avo
Rick's Grille &
Riverside The;
----
Saloon [#]
Sam's Pizza [~
[The] Sanctua
Shakespeare':
Short's Burger
Skybox [47]
Speakeasy
Sports Columr
Studio 13 [23C
[The] Summit
Sushi Popo
Takanami Re:
-
TCB [250]
Thai Flavors [E
Thai Spice [91
- _- -
T. Spoons
Union Bar [72'
VFW Post #3~
[The] Vine Tai
Vito's [235]
Wig & Pen Pig
[Iowa City] Ya
Zio Johno's SI
Z'Mariks Nooc
', 2 0 4 ~ 0 0.00
61]
11 0 0.00
1 0 0.00
3urant [325]
]Moose [476j
i Bistro & Pizzeria [204'] i
gan's [214] ~ ~ _ 1 __ ~ _ 0 0.00
~fe [25] __
22]
:w Works [394'] 2 0 0.00
;'s [355] 5 12 42 73 1.73
x [105] j
la anese Restaurant 87 ~
P - -- [_
-
__
--
_
~ _ - _
- -
[113]
inton St) [62J
II (Riverside Dr) [95]
65]
339]
7
4
0
1
0.00
0.25
.e _
hlander [971]
3~ Deli [149]
. __ ~ _ 8 ~_ 0 0.00
__
:ado
Spirits [120]
itre i _ _
_. _ 5 1 0.20
4] i
y Restaurant [132]_ ' , _
- _
__
[120]
& Shine [47]
1
- -- 0 O.OC
- 4 0 22 0 O.OC
[249] 18 36 55 96 1.74
~ 1 0 13 6 0.4E
484 10 16 43 ~ 61 1.41
taurant [148]
'~, i
'
1 0 15 0 O:OC
0]
;] 9 6 54 46 0.8E
49 [197] I 1 ! 0 O.OC
ern [170]
7 4 0.7E
za Pub [203'] __ _
:ht Club [119] 1 0 18 2 0.11
~aghetti House [94]
le House [47]
Totals: ~~ 113 103 676 564 0.83
Jther PAULA at non-business locations: 25 67
PAULA Totals: 128 631
__
-_
___
3
~ __
2
1
4
current mon[n year-~o-uaie
('includes outdoor area]
Iowa City Police Department
P.A.U.L.A. Report -September 2008
(Possession of Alcohol Under Legal Age)
Monthly Totals Year-to-Date Totals
Business Name occu anc v~s-ts arrests visits arrests
808 Restaurant & Nightclub [176] 7 10 30 44
Airliner [265] 3 1 13 5
American Legion [140] ~ -
Aoeshe Restaurant [156] ~
Atlas World Grill [165] ~ 4 0
Blackstone _'
-_ -
_ - _
- -- -
-- -F -
-
Bluebird Diner ~,
Bob's Your Uncle (Dodge)
Bo-James [111] 3 0 23 4
--- _ - -
Bread Garden Market & Bakery _ -
[It's] Brothers Bar & Grill [456J ~ 16 12 91 !i 62
[The] Brown Bottle [289] I.
- - - -i
Buffalo Wild Wings Grill & Bar [179]
1 !
0
3
0
Cafe Z [56]
Carl & Ernie's Pub & Grill [154] 1 0 4 0
Carlos O'Kelly's [299]
Chipotle Mexican Grill
[The] Club Car [56] - - - -
- -- - ~ - - - ~ _
Club Furria [500]
1
I
Colonial Lanes [502] 1 0 6 0
Dave's Foxhead Tavern [87] 1
._ _ 0
_ -
David's Place 1 I 0
DC's 4 4 24 4
Deadwood [218]
[The]
_ 7 _ _+
_ 0 -
.
- - - - - - -
Devotay [45] j
Donnelly's Pub 4 0
[The] Dublin Underground [57] 1
' 0 6 0
_
[Fraternal Order of] Eagle's [315] _
1 0 __
2 0
EI Dorado Mexican Restaurant ~
[BPO] Elks #590 [205]
EI Ranchero Mexican Restaurant [161]
Englert Theatre ~
Etc [178] 8 10 37 50
Farras 9 0 31 0
[The] Fieldhouse (aka Third Base) [420] 10 7 71 119
Firewater 2 0
- 5 0
_ __
Formosa Asian Cuisine
George's Buffet [75]
Givanni's [187] -
Godfather's Pizza [170]
Graze [49]
Grizzly's South Side Pub [265]._. 1
-- - 0
- 7 ~
- 0
_ -
Guido's Deli ~
[The] Hilltop Lounge [90] 1 0 2 0
IC Ugly's [72] 1 0
India Cafe [100]
[The] Industry [458] 10 0
Jimmy Jack's Rib Shack
Joe's Place [161] 3 0 15 i 1
Joseph's Steak House
Kandy Land [120]_ 1
_-- _
0
___
2
0
La Casa [300]
La Reyna i
Linn Street Cafe [80] ~I i
PAULA Visit
'year-fo-date)
1.467
0.385
0.000
0.174
0.681
0.000
0.000
0.000
0.000
__
0.000
0.167
0.000
0.000
0.000
--
0.000
1.351
--
0.000
1.676
0.000
0.000
0.000
0.000
0.000
- __ __
0.067
0.000
Los Cocos 2 0
Los Portales [161]
Martini's [166]
- - _- 2 0
Masala [46]
Micky's [70] 2 0
[The] Mill Restaurant [325]
--
_- _ --
__ -
-
[Loyal Order of] Moose [476]
Monica's Italian Bistro & Pizzeria [204']
[Sheraton] Morgan's [214] ~ 1 1
Motley Cow Cafe [25] i __
~
Okoboji Grill [222]
Old Capitol Brew Works [394`]
-
_ _ -
--
One Eyed Jake's [355] 14 13
One-Twenty-Six (105]
Oyama Sushi Japanese Restaurant [87]
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
[95]
Panchero's Grill (Riverside Dr)
_
Piano Lounge [65] _
1
0
[The] Picador [339]
Pit Smokehouse
-- -. -
Pizza Hut [68] j _ __
Quality Inn/Highlander [971] I
Quinton's Bar & Deli [149] 1 I 0
[The] Red Avocado li
Rick's Grille & Spirits [120] I
Riverside Theatre _
Saloon [#]
Sam's Pizza [94] 1 0
[The] Sanctuary Restaurant [132]
-- 1 0
Shakespeare's [120] 1 0
Short's Burger & Shine [47] I
Skybox [47]
~
'
Speakeasy S 0
Sports Column [249] 17 18
Studio 13
[230] 1 i 0
_ ~
[The] Summit [484] i 13 20
Sushi Popo
Takanami Restaurant [148] ~
TCB [250] 2 0
Thai Flavors [60]
Thai Spice [91]
-- _
_
-
T. Spoons
~
Union Bar [725] 12 I 7
VFW Post #3949 [197]
[The] Vine Tavern [170]
Vito's [235] 11 I 8
Wig & Pen Pizza Pub [203`]
_ -
-- rt
[Iowa City] Yacht Club [119] ~
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House [47]
Totals: 160 111
Other PAULA at non-business locations: 27
PAULA Tofa/s: 138
current month
6 0 0.000
13 0 0.000
3 0 0.000
2 ~ _ 1 0.500
2 ~ 0 0.000
- --- -
-
56 _
86
_ 1.536
__
- i
i
- _ _ _ __
8 0 0.000
4 1 0.250
9
_ 0
_. - - 0.000
-- -
5 -~- - 0.200
1 0 0.000
1 ' 0 0.000
1 0 0.000
1 0 0.000
- - - --
27 0 0.000
72 I 114 1.583
14 6 _ 0.429
56 81 1.446
17 0 0.000
6 I
- ~_ __- -
53
- - --- - - -
0.803
1 0 0.000
53 41 0.774
- _ - - -
18 2 0.111
836 675 0.807
94
769
year-to-dale
('includes outdoor area]
Iowa City Police Department
P.A. U . L.A. Report -October 2008
(Possession of Alcohol Under Legal Age)
' Monthly Totals Year-to-Date Totals
Business Name occu anc visits arrests visits ' arrests
808 Restaurant & Nightclub [176] 4 I 0 34 44
Airliner [223] 3 0 16 5
American Legion [140]
- - ----
Aoeshe Restaurant [156]
Atlas World Grill [165] 1 0 5 0
Blackstone [297]
Bluebird Diner [82]
Bob's Your Uncle [260`]
Bo-James [200] ~, 1 0 24 ~ 4
Bread Garden Market & Bakery [?]
[It's] Brothers Bar & Grill [556] 5 3 96 65
[The] Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [189] 3 0
Cafe Z [56]
Carl & Ernie's Pub & Grill [92] 4 0
Carlos O'Kelly's [299]
Chipotle Mexican Grill [119]
[The] Club. Car [56] _ _ __
Club Furria [280] 5 0 5 0
Colonial Lanes [502] 6 ! 0
Dave's Foxhead Tavern [87] 1 _ _ 0
David's Place [73] 1 0
DC's [120] 2 0 26 4
[The] Deadwood [218] _ 7 ! 0
_ -- __ _
__ _
Devotay [45] ~I
Donnelly's Pub [49] 4 0
[The] Dublin Underground [57] ' 2 'i 0_ 8 0 _
[Fraternal Order of] Eagle's [315J 2 0
EI Dorado Mexican Restaurant [104]
[BPO] Elks #590 [205] __ _ _ _
_- - _.
EI Ranchero Mexican Restaurant (161]
Englert Theatre [838] '.
Etc [178]. 1 ~ 0 38 _ 50
Farras [200] 3 0 34 0
[The] Fieldhouse (aka Third Base) [420] ~ 8 7 79 ~ 126
Firewater [114] ~_ 5 _ ' 0
__ - __ -
Formosa Asian Cuisine [149]
George's Buffet [75]
Givanni's [158]
Godfather's Pizza [170]
Graze [49]
Grizzly's South Side Pub [265] 1 ~ 0 8 0
Guido's Deli [20]
[The] Hilltop Lounge [90] 2 0
IC Ugly's [72] ! 1 0
_ _ _ - - - -. _ _ _ I --- _
India Cafe [100]
[The] Industry [436] 1 0 11 II 0
Jimmy Jack's Rib Shack [71]
Joe's Place [281] 4 0 19 1
Joseph's Steak House [226]
Kandy Land [120] _ 2 0
--
La Casa [300]
La Reyna
Linn Street Cafe [80]
PAULA Visit
1.294
0.313
0.000
0.167
0.677
__
0.000
0.000
0.000
0.000
0.000
0.154
0.000
0.000
0.000
- - - -
0.000
1.316
0.000
1.595
0.000
0.000
0.000
0.000
0.000
0.053
0.000
Los Cocos [99] 7 0
Los Portales [161]
Martini's [200] _
Masala [46]
Micky's [98] 1 0
[The] Mill Restaurant [325]
- - -_
[Loyal Order of] Moose [476]
Monica's Italian Bistro & Pizzeria [160] III
[Sheraton] Morgan's [231 ] ~ _
_ __- , _ -
Motley Cow Cafe [82]
Okoboji Grill [222] I
Old Capitol Brew Works [294]
_ - -. -
One-Eyed Jake's [299] 3 10
One-Twenty-Six [105] i
Oyama Sushi Japanese Restaurant [87]
- - - _ - --
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95] _
- -- -- - -
Piano Lounge [65J
[The] Picador [261 ] ~!
Pit Smokehouse [40]
- _ ___ _-
- - _
Pizza Hut [116]
Quality Inn/Highlander [971]
Quinton's Bar & Deli [149] ~~ 1 0
[The] Red Avocado [47]
Rick's Grille & Spirits [120J
Riverside Theatre [118] __ _
-_ -
Saloon [120]
Sam's Pizza [174]
[The] Sanctuary Restaurant [1.32] j
Shakespeare's [90] I
Short's Burger & Shine [56] 1 0
Skybox [47]
Speakeasy [311] 3 0
Sports Column [400J !i 6 4
Studio 13 [206] 1 0
[The] Summit [736] -- _ -- - _ 11 - - 9 --
Sushi Popo (84]
Takanami Restaurant [148]. ~__
--
TCB [250] - ~ 2 0
Thai Flavors [60]
Thai Spice [91]
-- - -- - _
- -__ _.
T. Spoons [102]
Union Bar [854] j 4 10
VFW Post #3949 [197]
-
[The] Vine Tavern [170]
Vito's [320] 3 1
Wig & Pen-Pizza Pub [154]
- -- -- ~ --
[Iowa City] Yacht Club [206]
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House [47]
Tota/s: 84 ~ 44
Other PAULA at non-business locations: 5
PAULA Totals: 49
'includes outdoor seating area current month
13 0 0.000
13 0 0.000
4 0 0.000
2 1 0.500
- -- ___ --
2 0 0.000
59 96 1.627
i
_
8 _
0 _ _ -_
0.000
4 1 0.250
10 ~ 0 0.000
5
~
1 - - __ _-
0.200
1 0 0.000
1 0 0.000
- - --
1 - -
0 -
0.000
1 0
1 0 0.000
30 0 0.000
78 118 1.513
15 ~ 6
- 0.400
- - _ -
67 _ 90 1.343
19 0 0.000
70 63 0.900
1 0 0.000
56 42 0.750
-
18
2 _ _ _-
0.111
920 ~~ 719 0.782
818
year-fo-date
IP8
Marian Karr
From: Tom Brase [tbrase@co.johnson.ia.us]
Sent: Friday, November 14, 2008 11:01 AM
To: TIMTAFCO@aol.com
Cc: Council
Subject: RE: The Iowa City Seats Transportation Program is Totally Inept.
Mr. Taffe,
Thank you for taking the time to send the attached email. I am disappointed that you feel our Paratransit
service is not meeting your needs. It concerns me that there
maybe others who feel this way. There are always ways to improve services and work hard to make the
service better. A survey was sent out to find out more about how
we can improve, here are some of the results of that survey:
Rate the safety of Johnson County SEATS drivers?
5 (Exceptional) 63% 143 (out of 228 responses)
4 (Very Good) 34% 77
3 (Effective) 3% 6
2 (Needs Improvement) <1 % 1
1 (Must Change) <1% 1
How does the Johnson County SEATS staff rate on awareness and sensitivity to your needs?
5 (Exceptional) 49% 108 (out of 222 responses)
4 (Very Good) 40% 87
3 (Effective) 7% 15
2 (Needs Improvement) 3% 7
1 (Must Change) 2% 5
Are the reservationists courteous and helpful?
5 (Exceptional) 49% 109 (out of 221 responses)
4 (Very Good) 36% 79
3 (Effective) 7% 16
2 (Needs Improvement) 5% 12
1 (Must Change) 2% 5
The survey was sent out to all riders who were eligible to ride SEATS Paratransit in Iowa City, North Liberty,
University Heights, and Coralville. We appreciate all those who took the time to fill out the survey and all their
suggestions and input. It is our desire to resolve all reasonable issues and to work on improving our customer
service. The complete Summary of the Survey will be posted at our Website after it has been approved and
covered at our next Paratransit Advisory Committee meeting on December 2, 2008 which will be held at 4810
Melrose Avenue. This committee is open to anyone in the public so they can provide input on SEATS and help
us find ways to improve; at these meetings we also discuss many of the government regulations that often tie
our hands. For example as a public transit we cannot in anyway compete with private enterprises like taxi cabs
or charter services, we are to be comparable to a fixed route service. In an effort to provide the best services
possible and in April of 2008 we had a trained councilor come in to do training on Professionalism in the work
place for all of the SEATS staff. There is a Customer Service class on December 3, 2008 offered through
Johnson County which our SEATS Scheduler will be attending. Below are replies to each of your comments to
help resolve any misunderstandings. Please realize we will work hard to try and full-fill our job as public
servants to this community.
1. You close over the lunch hour. The scheduler is out of the office over the lunch hour, but the office and
dispatcher still receive calls. Because of this you cannot schedule a ride for the next day or the rest of the
11/14/2008
Page 2 of 4
week during the lunch hour, but same day rides can still be requested. This has been in practice since before
May of 2000 which is when I started. This is not meant to cause those wanting to schedule a rider any
inconvenience, but to allow the one scheduler time to eat and work on organizing and updating the routes for
the next day. We will look further into your request.
2. Your office closes at 4pm, and only operates a few hours on week ends. Yes, our office hours are from 7
AM to 4 PM, but many of us come in earlier and leave later. We have staff in the office by 6:30 AM and
someone else here in the office until after 5 PM. We do not take additional trips for the next day after 4 PM so
that we can print up the next day schedule and post the routes for those driving and to avoid last minute
changes that can cause miscommunications for the next day routes and it is the end of the work shift for the
scheduler. This is common practice in the paratransit service. Iowa County hours are from 7 AM to 11 AM and
1 PM to 3:30 PM Monday through Friday to make reservations. Linn County LIFTS is open from 7 AM to 12
Noon to make reservations for rides. Johnson County SEATS does provide time to make reservations from 8
AM to 12 noon on Saturday and Sunday. This is not meant to limit the ability of a rider to make a reservation,
but to allow riders the option to change or make reservations for the next day or for the week. A couple of
years ago we did track the number of calls from 12 to 2 PM on the weekends to see if it would be beneficial to
be open longer, but we did not receive any calls when we tracked it. On the weekdays we do have a
dispatcher in the office until 5 PM that can be contacted at 339-6127 and you can usually find myself, or the
Billing Supervisor here past 5 PM Monday through Friday and we can be reached at the 339-6128 phone
number. We also provide a way to contact the night driver in case of an emergency through out our scheduled
trips for the day.
Helpline If you are calling after the office has closed for a same day cancel you may call 339-6128. Listen
through until the end of the greeting and you will be connected to the evening driver. You will be able to talk to
the driver or leave a phone number for the driver to call you back. The latest a driver will be available varies on
their last scheduled drop-off.
3. Your individual telephone line system is medieval. We did replace the entire phone system about four years
ago and continue to look at ways that would prove cost effective for us to up grade the system. The lines do
role over to another line if they are not answered after a certain number of rings. We realize that our phone
lines are quite busy and would appreciate you letting us know when you have difficulty getting through. You
can call my number anytime and leave a message if I am unavailable at the time (339-6128 ext. 6) and I will get
back to you.
4. Unwillingness to call clients back, but insisting clients keep calling back. We do try to call clients back
whenever possible, but to insure the information you need as a rider is given to you we do ask for the person
calling to call us back. This helps our schedule's and dispatcher's stay focused on tomorrow's route efficiency
and to make sure our drivers can meet the expectations of those we are trying to provide transportation for.
The dispatchers and schedulers work very hard to accommodate close to 450 trips each day Monday through
Friday. We do not want them to leave anyone waiting for a call because something came up that distracted
them from returning their call. To maneuver the trips around so that we can provide efficient services takes
tremendous focus and we do not want the rider not be ready for their ride because of us not calling them back.
The schedulers inform me that they have called you back on occasion and as you recall when I heard of your
dissatisfaction (tried to talk to you the other day, but you did not want to discuss it over the telephone.
5. Inability to make phone reservations. I would appreciate more clarification on this to help me resolve your
concern. I do not recall anyone saying that we could not make phone reservations and will immediately
address this issue further with my staff. SEATS should be able to make a ride for you twenty four hours in
advance to seven days in advance. The only reason we would not provide you with a trip is if you refuse to
take the time offered to you. According to the Americans with Disabilities Act we can offer a ride any time an
hour before or an hour after, giving paratransit services two hours to work in a ride. Before the ADA was
adopted there were many public involvement sessions to see what would be comparable to the fixed route and
what was fair for those who rode and this is what both sides agreed upon. We do try to make trips as close to
the time of request as possible. Please call me the next time you have this issue.
6. Inability to use a IT based reservation system. The system we are currently using we were instructed to use
by the Iowa Department of Transportation and it is IT based. We do have more experience at Johnson County
SEATS at using IT based paratransit reservation systems then anywhere else in the state of Iowa. I apologize
if it is not meeting your needs. Please let me know what specific is not working for you concerning our
reservation system and I will see what we can do.
11/14/2008
Page 3 of 4
7. Having only three vehicles in service on weekends. The average cost for Johnson County SEATS to provide
a one way trip is over seventeen dollars, so the $1.50 only covers a minor part of our cost. I know everyone
that uses a paratransit service would like us to be more like a taxi service. We would like to do this as well,
however being a funded public transportation service that is shared ride system we are accountable to all
taxpayers and this would be very difficult to achieve. We do have times still open on the weekends with the
three buses running. I hope we can work with you on working out those times that would benefit everyone.
8. Difficulties in making reservations. I would agree that the scheduling software needs to be improved upon as
it is not as user friendly as I would like. The scheduling engine doesn't seem to be as efficient at providing an
immediate window time for apick-up. We are working on getting all these issues resolved as fast as possible
with the scheduling software company we are now using. In a recent article put on our website it shows what
all is done to make a ride in our current system and hope you would get a chance to look that over.
Thank you again and feel free to call me if your questions were not answered.
Tom Brase
Director of Johnson County SEATS
2000 James St., Suite 111
Coralville, IA. 52241
(319) 339-6128 ext. 6
From: TIMTAFCO@aol.com [mailto:TIMTAFCO@aol.com]
Sent: Friday, November 07, 2008 9:49 AM
To: Tom Brase
Cc: council@iowa-city.org
Subject: The Iowa City Seats Transportation Program is Totally Inept.
Mr. Brase:
While I have found all of your Seats drivers courteous and helpful, the contrary is the commentary on your
office staff.
The Seats Office Reservations Staff is consistently argumentative, unhelpful, un-resourceful, too busy to be of
assistance and have a perpetual "status quo, I only work here" attitude.
Of particular disdain are:
1. You close over the lunch hour
2. Your office closes at 4pm, and only operates a few hours on week ends.
3. Your individual telephone line system is medieval
4. Unwillingness to call clients back, but insisting clients keep calling back
5. Inability to make phone reservations
6. Inability to use a IT based reservation system
7. Having only three vehicles in service on weekends
8. Difficulties in making reservations.
It is not me alone.
I have spoken with many older people who also report the same, many of whom have given up on your
service. And the word is supposed to be Public Service. Whereas your employees act as if they are performing
a favor, and will maybe do so only if it suits them.
My experiences include running nationwide distribution systems and what you are doing is not exactly rocket
science.
It is my observation that the entire organization and management of Seats needs to be totally investigated and
redressed inasmuch as it is clearly not performing at a level for maximum utilization and public availability.
11/14/2008
Page 4 of 4
I am sending a copy of this letter to Iowa City Mayor and Council, since I have grown tired of your continual
harangue. All of the excuses and explanations I have been given are not acceptable
Tim Taffe
726 Iowa Avenue
AOL Search: Your one stop for directions, recipes and all other Holiday needs. Search_Now.
11 / 14/2008
IP9
Marian Karr
.........................._.........
From: Kappelman, Kanan [IDED] [Kanan.Kappelman@iowalifechanging.com]
Sent: Friday, November 14, 2008 10:54 AM
To: Kappelman, Kanan [IDED]
Subject: REGISTER NOW -Iowa Disaster Recovery Conference -December 9-10, 2008
Attachments: DRCAgenda.pdf
.. .
i:ROM THE' ~larri~aitt COf~lUille Motel & ~onventi0n C~nt~r
PAST
°~~~ Coraluille, lava
~a~ rHE FuTUR~ EE~R~JING F~~IN'I TIE PA~TfPI~AI.I'VI'~ING E~l~ THE FUTHi~E:
".,~~',~~'~~ , ~,~ , ,~~~ THE IOVU'A QI~~tSi'El~ RECt~11E1~~' G~l'~FE~E~GE
This comprehensive conference will provide useful information and helpful resources to architects, engineers, contractors,
small businesses, industries, city, county and community leaders, consultants and the general public who are rebuilding after
a natural disaster, including overviews of recovery efforts, environmental regulations and requirements, and examples and
practical applications of sustainable models and green concepts that can have economic, environmental and social
advantages.
Attendees will have the opportunity to meet Mayor Bob Dixson of Greensburg, Kansas, which was devastated by a tornado
in May 2007. Mayor Dixson will share his experience of rebuilding Greensburg, including incorporating green design into its
rebuilding efforts. Former Maryland governor, Parris Glendening, President of the Smart Growth Leadership Institute will be
the keynote speaker on the second day of the conference. Also, Major General Ron Dardis, Iowa National Guard, will discuss
issues Iowa communities faced during the floods of 2008.
Optional Workshop: An optional program will be offered on December 11 -- the community design workshop led by design
professionals including the American Institute of Architects (AIA), the American Planning Association (APA), the American
Society of Landscape Architects (ASLA), and the US Green Building Council (USGBC). Workshop agenda and information
are available at www iowalifechan~g.com/re Yid 'ster.
Conference agenda is attached.
Register now at www.iowalifechang,~ing.com/regi, star!
Conference sponsorship opportunities are also available
at www.iowalifechanging.com/register (click sponsorship
registration).
Hosted by:
11 / 14/2008
December 9-10, 2008
~~~,~ ~-,~~ BAST Marriott Coralville Hotel & Convention Center
. ' ~ Coralville, Iowa
FOR THE FUTURE LEARNING FROM THE PAST/PLANNING THEE U
_ IOV11'A DISASTER RECOVERY CONFERS C
CONFERENCE AGENDA
Agenda is subject to change
Three concurrent breakout session tracks are planned:
~isa~4er i~~:c;t~very, Regulatory Compliance and Sustainability/Green Design
Tuesday, December 9, 2008
7:00 - 8:00 REGISTRATION AND CONTINENTAL BREAKFAST
a.m.
Lobby
& Coral
Ballroom
8:00 - 8:15 WELCOME (and video)
Coral Vince Lintz, Deputy Director, Iowa DED
Ballroom
8:15 - 9:15 PANEL DISCUSSION: REALITY OF PLANNING FOR A DISASTER
Coral This panel discussion offers an in-depth look at Iowa communities who responded
Ballroom to major disasters in 20p8. Find out what happened in each crisis, which agencies
helped manage the response, what the incident command center looked like. What
resources {people and equipment) were needed to cope? What happened when the
"crisis" was over? Find out what you need to prepare for future emergencies.
Moderator: Major General Ron Dardis, Iowa National Guard
Speaker: Joyce Flinn, Readiness Response Bureau Chief, Iowa Homeland Security
Speaker: Jami Haberl, Executive Director, Safeguard Iowa Partnership
Speaker: Major Len Murray, State Incident Management Team Coordinator
Speaker: Steve Ulrichs, Butler County Emergency Management Coordinator
9:15 -10:15 PANEL DISCUSSION: HUMAN AND IMMEDIATE IMPACTS OF A DISASTER
Coral We see the incredible news footage on TV but what is the impact on human health,
Ballroom drinking water, and the air we breathe? Come learn from the experts.
Moderator: Dustin Hinrichs, Air Pollution Control Specialist, Linn County Public Health
Speaker: Jim Hodina, Air Quality Supervisor, Linn County Public Health/Air Quality
Speaker: Mark Jones, Superintendant/Solid Waste and Recycling, Cedar Rapids
Solid Waste Collection
Speaker: Joe Sanfilippo, Field Office Supervisor, Iowa DNR
Speaker: Jeff Vansteenburg, Field Office Supervisor, Iowa DNR
Speaker: Ken Sharp, Director -Division of Environmental Health, Iowa Department of
Public Health
< <~ ~~
~~
FRAM THE PAST
FUR THE FUYURE
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4 ~° i I ~q^~ 3'Jk
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December 9-10, 218
Marriott Coralville Hotel & Convention Center
Coralville, Iowa
LEARNING FROM THE PAST/PLANNING FOR THE FTU E:
IOVNA DISASTER RECOVERY CONFERENCE
10:15 - BREAK
10:30
Exhibit Hall
10:30 - DISASTER IMPACT ON HISTORIC RESOURCES
11:30 This year's disasters had a devastating impact on the State's historic and ~ __>ra1
Oakdale resources. Learn the extent of damages to some of the state's signific< ,
Ballroom fir ~_ _~r~_ .
1/2 Moderator: Tim Reinders, Main Street Iowa Design Consultant, Iowa DED
Speaker: Barbara A. Mitchell, Deputy State Historic Preservation Officer, State
Historical Society of Iowa
Speaker: Jennifer Sandy, Program Officer, Chicago Midwest Regional, National Trust
for Historic Preservation
10:30 - ASBESTOS REQUIREMENTS
11:30 Learn the impact of asbestos regulations following a disaster, including
Oakdale requirements for IDNR notification, packaging, specific landfills, forms,
Ballroom 3 materials regulated, and procedures to control asbestos emissions.
Moderator: Jim McGraw, Air Quality Environmental Program Supervisor,
Iowa DNR
Speaker: Tom Wuehr, Environmental Specialist, Iowa DNR
Speaker: Don Peddy, Executive Officer, Iowa Workforce Development -
Division of Labor
10:30 - ANSWERING THE GREEN CALL: CITIZEN AND BUSINESS RECRUITMENT AND
11:30 RETENTION EFFORTS
Oakdale Iowa communities are focusing on economic growth and quality of life. Two
Ballroom Iowa communities share their strategies and visions to answer the green
4/5 call.
Moderator: Bob Mulqueen, Policy Director, Office of Energy Independence
Speaker: Tim Moerman, Economic Development Director, City of Ankeny
Speaker: Cindy Steinhauser, Assistant City Manager, City of Dubuque
11:30 a.m.- TRAGEDY TO TRIUMPH: CREATIVE PROBLEM SOLVING AND INSPIRING VISION
1:00 p.m. Moderator: Sherry Timmins, Regulatory Assistance Coordinator, Iowa DED
Coral Keynote Speaker: Bob Dixson, Mayor, Greensburg, Kansas
Ballroom
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FaR THE. FUTURE
:~
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December 9-10, 2008
Marriott Coralville Hotel & Convention Center
Coralville, Iowa
LEARNING FROM THE PAST/PLANNING FOR THE FUTURE:
IOWA DISASTER RECOVERY CONFERENCE
1:00 - 2:00 ALTERNATIVES TO WHOLESALE DEMOLITION/REPAIR STRATEGIES
Oakdale learn about the efforts in preserving one of America's recast historic
Ballroom cities. Hurricane Katrina had a devastating effect can Chew Orleans. T~~e
1/2 preservation Resource Center of Flew Orleans has been an acti w: ~
parta~er in retaining many historic buildings.
Moderator: Thom Guzman, Director, Downtown Resource Center, Iowa DED
Speaker: Patty Gay, Director, Preservation Resource Center, New Orleans
1:00 - 2:00 STORMWATER ESSENTIALS
Oakdale Construction activity disturbing one or more acres must be covered by a
Ballroom 3 stormwater permit before any soil is disturbed at the site. Learn about
stormwater essentials required by the State of Iowa, including, regulations;
permitting requirements and associated fees, enforcement issues,
stormwater pollution prevention plans, best management practices, and
available funding sources.
Moderator: Dan Nickey, Program Manager, Iowa Waste Reduction Center
Speaker: Jessica Montana, Water Quality Advocate, Iowa DED
Speaker: Joe Griffin, stormwater Coordinator, Iowa DNR
1:00 - 2:00 BROWNFIELDS: REDEVELOPING SITES WITH CONTAMINATION ISSUES
Oakdale Reuse and redevelopment of abandoned, idled or underutilized industrial and
Ballroom commercial sites with environmental contamination concerns or questions, known as
4/5 Brownfield sites, are both a challenge and an opportunity. Learn how putting these
sites back into productive use can serve as a catalyst for local economic revitalization.
Moderator: Jim McGraw, Environmental Program Supervisor, Iowa DNR
Speaker: Mel Pins, Executive Officer, Iowa DNR
2:00 - 2:30 BREAK
Exhibit Hall
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FROM 7HE PAST
FOR THE FUTURE
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December9-10,2008
Marriott Coralville Hotel & Convention Center
Coralville, Iowa
LEARNING FROM THE PAST/PLANNING FOR THE FUTURE:
IOWA DISASTER RECOVERY CONFERENCE
2:30 - 3:30 DEALING WITH WASTE -DISPOSAL, SORTING, STAGING, RECYCLING, REUSE,
Oakdale SALVAGE
Ballroom After a disaster, one of the greatest challenges may involve how to properly r~ranage
1/2 the debris. Removal of debris is necessary to facilitate recovery efforts. The methods
in managing these wastes require proper consideration to ensure that they will not
pose future threats to human health or the environment. This session will address
the regulatory and environmental oonsiderations surrounding proper management of
debris in the wake of a disaster,
Moderator: Alex Moon, Solid Waste Supervisor, Iowa DNR
Speaker: Karmin McShane, Director, Cedar Rapids/Linn County Solid Waste Agency
Speaker: Shelly Codner, Area Representative, Iowa Waste Exchange
Speaker: Kathy Lee, Environmental Specialist Senior, Iowa DNR
2:30 - 3:30 WASTEWATER ESSENTIALS
Oakdale The Iowa DNR regulates the direct discharge of wastewater to surface waters.
Ballroom 3 Facilities and publicly owned treatment works must receive a permit before
discharging wastewater directly to surface waters. Learn about permit requirements,
Wastewater Permitting Information Exchange, recent rule changes and the tall the
2008 floods had an the City of Cedar Rapids wastewater treatment plant.
Moderator: Jessica Montana, Water Quality Advocate, Iowa DED
Speaker: Courtney Cswercko, Environmental Specialist Senior, Iowa DNR
Speaker: Steve Hershner, Wastewater Essentials Operator, Cedar Rapids
Wastewater Treatment Plant
2:30 - 3:30 SUSTAINABLE DESIGN AND PLANNING CONSIDERATIONS FOR RE-CONSTRUCTION
Oakdale EFFORTS
Ballroom Learn a process of evaluating and implementing sustainable design and building
4/5 solutions for commercial construction and site planning project.
Moderator: Stu Crine, State Building Commissioner of Iowa, Iowa Department of
Public Safety
Speaker: Kevin Nordmeyer, Partner, AIA, LEED AP, RDG Planning & Design
~,;.
FROM THE PAST
FUR THE FUTURE
1 S s ~ :~~,~~~?PSI
Rt F: ~.
December 9-10, 2008
Marriott Coralville Hotel & Convention Center
Coralville, Iowa
LEARNING FROM TNEPAST/PLANNING FOR THE FTl1 E:
IOWA DISASTER RECOVERY CONFERENCE
3:30 - 4:30 IMPACT ON IOWA'S INFRASTRUCTURE
Oakdale The flooding of 2008 had major impacts on Iowa's infrastructure. Learn the extent
Ballroom of the damages to our transportation systems including roads;. railroads: and barge
1/2 traffic. The floods also impacted water and sewer systems across the state. Lent
what happens to these systems when they flood and what must be done to c~et
vital services back on-line.
Moderator: Barb Lynch, Bureau Chief, Iowa DNR
Speaker: Bob Younie, Director of the Office of Maintenance, Department of
Transportation
Speaker: Dennis Harper, Public Assistance Officer, Iowa Homeland Security and
Emergency Management
Speaker: Paul Brandt, Environmental Specialist Senior, Iowa DNR
3:30 - 4:30 OPEN BURNING/OPEN DUMPING
Oakdale Open burning is regulated by the Iowa DNR. Learn about regulations protecting air
Ballroom 3 quality in Iowa and alternatives for disposing of construction and demolition waste.
Illegal dumping impacts the environment, the character of neighborhoods and the
quality of life of local residents. Learn about regulations, prohibitions and alternatives
to open dumping.
Moderator: Dennis Ostwinkle, Field Office Supervisor, Iowa DNR
Speaker: Kurt Levetzow, Environmental Specialist Senior, Iowa DNR
Speaker: Brent Earley, Environmental Specialist Senior, Iowa DNR
3:30 - 4:30 STORMWATER BEST MANAGEMENT PRACTICES
Oakdale Many practices are available to address stormwater pollution. Learn how bioswales,
Ballroom bioretention cells, rain gardens, porous pavers and pavement, green roofs, and rain
4/5 barrels can be used to improve water quality in commercial and residential areas.
Moderator: Jessica Montana, Water Quality Advocate, Iowa DED
Speaker: Doug Adamson, Landscape Architect, RDG Planning ~ Design
Speaker: Wayne Petersen, CPESC, Urban Conservationist, Iowa Department of
Agriculture and Land Stewardship
.. ~ ~,~''~'~~~' December 9-1~, 200$
.'"~'':
~~oM THE PAS~r Marriott Coralville Hotel & Convention Center
I ~'1T-~T-fTt"1T~7 Coralville, Iowa
Foy THE ~uTU~E LEARNING FROM THE PASTIPLANNING FOR T T E:
._ . ~ ;1~,~~ ~ IOWA DISASTER RECOVERY CONFERENCE
4:30 - 5:15 DISASTER ASSISTANCE FROM CONTRACTORS' PERSPECTIVES
Coral DEMOLITION CONTRACTOR BIDDING PROCESS
Ballroom
Moderator: Jim McGraw, Environmental Program Supervisor, Iowa DNR
Speaker: Joe McGuire, Ph.D., President, Iowa Limestone Producers Association
Speaker: Doug Wilson, Vice-President, Cessford Construction Company/Oldcastle
Materials
Speaker: Judy Lehman, Purchasing Manager, City of Cedar Rapids
5:15 - 5:30 WRAP-UP/QUESTIONS
Coral
Ballroom
5:30 - 7:00 RECEPTION
Exhibit Hall
7:00 p.m. DINNER ON YOUR OWN -LIST OF AREA RESTAURANTS WILL BE PROVIDED
Wednesday, December 10, 2008
7:00 - 8:00 REGISTRATION AND CONTINENTAL BREAKFAST
a.m.
Lobby
8~ Coral
Ballroom
8:00 - 8:30 WELCOME
Coral DNR'S RESPONSE TO DISASTERS
Ballroom
Moderator: Barb Lynch, Field Office Bureau Chief, Iowa DNR
Speaker: Kathy Lee, Environmental Specialist Senior, Iowa DNR
Speaker: Wayne Gieselman, Division Administrator, Iowa DNR
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FROM THE PAST
FUR THE. fUT'[!RE EE
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December 9-10, 2008
Marriott Coralville Hotel & Convention Center
Coralville, Iowa
LEARNING FRaM THE PAST/PLANNING F T ;
I(JWA DISASTER RECCIVERY GtINFERENCE
8:30 - 9:30 FLOOD PLAIN MITIGATION: PLANNING FOR THE FUTURE
Oakdale This session will layout a vision for an agricultural economy that prcavid~~
Ballroom steady source of revenue, restares ecabgical integrity, isn't weather deb ndr:r~t,
1l2 reduces inputs, pratects habitat, improves air and water quality, am I ti~
date future flaoding.
Moderator: Bill Bywater, Chairperson of the Floodplain Management and Hazard
Mitigation Task Force, Rebuild Iowa Office (RIO)
Speaker: Jim Patchett, President, Conservation Design Forum
8:30 - 9:30 MAKE IT BETTER: COMMERCIAL AND COMMUNITY REDEVELOPMENT
Oakdale
Ballroom 3
Moderator: Kay Halloran, Mayor, Cedar Rapids
Speaker: Tom Aller, President, Interstate Power & Light Company
8:30 - 9:30 EXPERTISE AND RESOURCES FOR RESIDENTIAL GREEN BUILDING
Oakdale Residential homes were among the hardest hit during the 2008 disasters. This
Ballroom session, will discuss fihe why, haw, and benefits of retrofitting, rehabbing, and building
4/5 green.
Moderator: Jeff Geerts, Special Projects Manager, Iowa DED
Speaker: Lynnae Hentzen, Director, Center on Sustainable Communities
Speaker: Bill McAnally, Chair of Industrial Technology, Iowa Central Community
College
9:30 -10:00 BREAK
Exhibit Hall
10:00 - PREPARING FOR THE NEXT DISASTER
11:00 Imearn how New Urleans and Davenport have handled the aftermath of disast~
Oakdale are preparing far the future.
Ballroom
Main Street Iowa Design Consultant, Iowa DED
Moderator: Tim Reinders
1/2 ,
Speaker: Patty Gay, Director, PRC, New Orleans
Speaker: Craig Malin, City Administrator, Davenport
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FROM THE PAST
FOR THE FUTURE
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i,~~. r~~~ti v '1
w..~.~.u~.....,~.-...--»--~-- .L ... _ ._y.
December 9-10, 2I~8
Marriott Coralville Hotel & Convention Center
Coralville, laws
LEARNING FROM THE PAST/PLANNING FO FT E:
IOWA DISASTER RECOVERY CONFERENCE
10:00 - BUILDING AND CONSTRUCTION CODES
11:00 Building codes establish mandatory minimum requirements far construction of
Oakdale buildings and facilities intended for human occupancy. Iowa's canstructian standards
Ballroom 3 are established by the State Building Code and by local building codes adopted
by many, but not most Iowa cities and counties. The applicability of the State
Building Gode and local building codes will be discussed and specifically their role in
construction occurring during recovery from major disasters.
Moderator: Amy Infelt, Managing Principal/Senior Mechanical Engineer at Design
Engineers, PC
Speaker: Stu Crine, State Building Commissioner of Iowa, Iowa Department of Public
Safety
10:00 - SUSTAINABLE DESIGN AND USES FOR PUBLIC SPACES, WATERFRONTS AND PARK
11:00 LANDS
Oakdale Communities are expanding green space along river corridors to mitigate future flood
Ballroom issues. Learn techniques for designing green spaces.
4/5
Moderator: Jeff Geerts, Special Projects Manager, Iowa DED
Speaker: Lisa Hein, Program and Planning Director, Iowa Natural Heritage
Foundation
Speaker: Christine Taliga, Director, Iowa Valley Resource Conservation &
Development
11:00 - LEARNING FROM DISASTER -RESPONSE AND REACTION TO CRISIS
11:30 The National Trust far Historic Preservation is active in recovery efforts fron~ ~ ~dir~
Oakdale to tornados in the United States. Learn what steps you can take following < Jis~;~ter
Ballroom to ensure historic resources are preserved.
1/2
Moderator: Barbara A. Mitchell, Deputy Director, State Historical Society of Iowa
Speaker: Jennifer Sandy, Program Officer, Midwest Regional Office, National Trust for
Historic Preservation
~,~ , ~~.
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~aonnTl~,i~ PasT
FOR THE FUTURE
,~ :~- :r
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. ~ ~~~ ~~
December 9-10, 2~8
Marriott Coralville Hotel & Convention Center
Coralville, Iowa
LEARNING FROM THE PAST/PLANNING FOR THE FT E:
IOWA DISASTER RECOVERY CONFERENCE
11:00 - ASSISTANCE SERVICES -ENSURING COMPLIANCE, FINDING RESOURCES AND
11:30 IMPROVING THE BOTTOM LINE
Oakdale Assistance resources are available to assist your business and community.
This session will highlight business assistance services available from the Iowa
Ballroom 3 Departments of Natural Resources, Economic Development and the University of
Northern Iowa Waste Reduction Center and the Rebuild Iowa Office. Learn how
the Regulatory Assistance Network can help find answers to your questions and
confidential, non-regulatory services which can help you meet your environmental
objectives.
Speaker: Wendy Rains, Environmental Specialist Senior, Iowa DNR
Speaker: Sherry Timmins, Regulatory Assistance Coordinator, Iowa DED
Speaker: Jim Olson, Associate Director, IWRC
Speaker: Emily Hajek, Chief of Staff, RIO
11:00 - MOLD REMEDIATION AND OSHA RULES
11:30 Mold is a concern in any commercial and residential structure. Learn about new
Oakdale OSHA standards, control measures, and protection from mold hazards.
Ballroom
4/5
Moderator: Mel Pins, Executive Officer, Iowa DNR
Speaker: Pam Rosa, OSHA Consultation and Education Bureau, Division of Labor
11:30 -1:00 KEYNOTE SPEAKER -BUILDING AND REBUILDING IN A SMARTER, MORE
p.m. SUSTAINABLE WAY
Coral
Ballroom
Moderator: Director Mike Tramontina, Iowa DED
Speaker: Former Maryland Governor Parris N. Glendening, President, Smart Growth
Leadership Institute
1:00 - 3:00 FINANCIAL ASSISTANCE AND RESOURCES AVAILABLE FOR DISASTER RECOVERY
Coral PANEL DISCUSSION
Ballroom
Moderator: Joe Folsom, Director, U.S. Small Business Administration Iowa
Speaker: Alfred E. Judd, Director -Field Operations Center -West, Office of Disaster
Assistance, U. S. Small Business Administration
Speaker: David Doyle, Land Revitalization Coordinator for EPA Region 7, U.S. EPA
Speaker: Steve Castaner, FEMA
Speaker: Paul Heath, Director, The University of Iowa Small Business Development
Center
Speaker: Hank Manning, CDBG, Iowa DED
Speaker: John Carr, Iowa Workforce Development
Speaker: Bobbi Bendickson, Habitat for Humanity of Iowa
j . 1 '~iD
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FROM THE FAST
~~~~'
FOR THE. FUTURE
,~~
~~~.
December 9-10, 2008
Marriott Coralville Hotel & Convention Center
Coralville, Iowa
LEARNING FROM TNEPAST/PLANNING FD E E:
IOWA DISASTER RECOVERY CONFERENCE
3:00 - 3:15 BREAK
3:15 - 4:15 WHERE DO WE GO FROM HERE -Iowa DNR DIRECTOR RICH LEOPOLD AND
Coral Iowa DED DIRECTOR MIKE TRAMONTINA
Ballroom
4:15 - 4:30 VIDEO AND CLOSING -DIRECTOR MIKE TRAMONTINA
Coral
Ballroom
IP10
City Council of Iowa City Meeting with Area Legislators
Monday, December 1, 2008
5:30-6:30PM
Harvat Hall
City Hall, 410 E. Washington St.
1. Welcome and Introductions
2. Economic Development Initiatives
a) Increased funding for micro-enterprise development
b) Expansion of Iowa Earned Income Tax Credit
c) More Effective Historic Preservation Tax Credit Program
d) Tax Increment Financing - No changes or further restrictions
e) Restore funding for Vision Iowa programs in FY10 and beyond
f) Funding support for Passenger Rail initiatives:
1) Commuter Rail
2) Extension of Amtrak to Iowa City of Iowa City
3. Alternative Revenue Sources
a) Support local revenue options that do not impact State revenues
b) Hotel/Motel Tax
1) Repeal exemption for government and non-profit agencies
2) Increase maximum tax by raising percentage or flat amount per
stay
c) Tax condominiums as commercial if not owner occupied
4. Alcoholic Beverages
a) State statute to restrict price specials and related promotions the encourage
excessive consumption
5. Letter to Governor re IDED interpretation for CDBG funding
6. Other Legislative Issues
7 9 -'LU-UtS
IP11
MINUTES
PLANNING AND ZONING COMMISSION
NOVEMBER 6, 2008 - 7:30 PM -FORMAL
CITY HALL, EMMA J. HARVAT HALL
Preliminary
MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Wally Plahutnik,
Tim Weitzel,
MEMBERS EXCUSED: Elizabeth Koppes, Michelle Payne
STAFF PRESENT: Karen Howard, Bob Miklo, Sarah Greenwood-Hektoen
OTHERS PRESENT: Scott Murray, Mark Hamer, Jim Greazel, Don Flannery, Noel
Bree, Craig Dahlen, Tom Huber, Isabella Vine, Greg Redlin, Lori
Dahlen, Bart Cramer, Janet Dahlen, Gregg Geerdes, Tim
Krumm, Joyce Barker
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 7:33 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
ANNEXATION /REZONING ITEM:
ANN08-000011REZ08-000091ANN07-00001/REZ07-00006: Discussion of applications from the
Veronica Prybil Trust and the Iowa Interstate Railway for annexation and rezoning from County
Residential (R) to Interim Development Industrial (ID-I) for approximately 179 acres of property
located adjacent to 420th Street, west of Taft Avenue, and for the Iowa Interstate Railroad right-of-
way between Industrial Park Road and Taft Avenue.
Busard announced before discussions began that he had worked with the property in question in his
professional role in the Planning and Zoning Department for Johnson County. As a result, he excused
himself from discussions and abstained from considering the matter.
Howard shared a graphic outlining the properties in question. The property is located near Scott
Boulevard, Taft Avenue, 420`h Street and Highway 6. Howard stated that the City is in the process of
purchasing the land owned by the Veronica Prybil Trust. She stated that there are three considerations
for annexing property into the City. The first consideration is whether the area falls within the adopted
long-range growth boundary of the City. The property in question is within the city-growth limit that can
be served by City water and sanitary sewer, an area generally determined by watershed. Howard said
that because this land is so close to the growth area limit, Staff had the City Engineer look at this property
Planning and Zoning Commission
November 6, 2008 -Formal
Page 2
and its topography in detail to make sure it all can be sewered and the City Engineer has confirmed that it
can be.
Howard said that the City's intention is to purchase this property from the Veronica Prybil Trust with the
goal of bringing it into the industrial tax-base for the city. Currently, Iowa City has a lack of industrial land,
particularly large parcels. Howard said that recent requests from large industries wishing to locate in Iowa
City had to basically be turned away for lack of an industrial parcel large enough to accommodate their
needs. Howard said that with that in mind the City Council and the City Manager saw this purchase as an
opportunity to acquire some land to increase industrial land in the area. In this way, the second
consideration for annexing land -fulfilling an identified need for the City --- has been met.
The third consideration for annexing land is whether control of the development is in the City's best
interest. The parcel falls within the long-range planning boundary of the City, fulfills an indentified need
for industrial land, has access to rail service (which is important for industrial development), and is located
near arterial streets. Staff feels that this annexation and rezoning is in compliance with the
Comprehensive Plan, as it is in the Southeast District of the City and is identified in the plan as an area of
potential industrial growth.
Howard said that the City has plans in its Capital Improvement Program to improve 420"' Street between
Highway 6 and Taft Avenue in the near future (FY09/10). Water service will be extended along 420"'
Street when the street improvements are made, and sanitary sewer service can be extended from a
branch from the Scott Boulevard Trunk Sewer. The sensitive areas map indicates that there are some
hydric soils in the area that will have to be taken into account prior to future development.
Staff recommends that the Veronica Prybil Trust land be annexed and rezoned to Interim Development
(ID-I) and the Iowa Interstate Railway land be annexed and rezoned to General Industrial (11 ). Howard
offered to answer questions from the Commission.
Eastham asked if Staff had any comments on the rationale for including the area south of 420`h Street in
this industrial zone. Eastham noted that there was a not a detailed District Plan for this area yet, and said
that he wondered if in the future there would be an interest in commercial or residential zoning in that
triangular parcel of land sandwiched between 420`" Street and Highway 6. Howard said that given the
small size of the area it would not be appropriate for residential as a buffer zone would be required
between industrial development and residential development. Howard noted that that piece of property
was not actually under consideration at the present, but that its zoning would be consistent with industrial
zoning already in the area. Miklo added that the pattern has been that anything west of Scott Boulevard
and north of Highway 6 is zoned industrial. Miklo noted that the land is also relatively flat, which is
desirable for industrial development.
The Commission had no further questions for Staff.
Freerks opened the public hearing
Mark Hamer, 4569 Jenn Lane NE, Iowa City, identified himself as an attorney for Meardon, Sueppel &
Downer, and a representative of E&L Prybil Partnership. Hamer noted that E&L Prybil was not the
applicant. Hamer distributed maps to the Commission for consideration which showed an 80-foot tract of
land running through the Veronica Prybil property. On April 3, 2008, the E&L Prybil Partnership entered
into a purchase agreement with the Veronica Prybil Trust to purchase the 80-foot tract of land. The
purchase was subject to court approval, which was granted on August 7, 2008. Hamer said that his client
has an interest in that parcel. The purchase was also subject to an easement agreement, which the
purchase agreement required to be submitted within twenty days from April 3, 2008. Hamer said that the
easement agreement was submitted in the timeframe required by the purchase agreement. Hamer said
the easement was left with the Prybil Trust for review and consideration, and nothing more was heard
until October 27, 2008 - a date after the application for annexation and rezoning was filed. Hamer said
Planning and Zoning Commission
November 6, 2008 -Formal
Page 3
that his office and client have not had ample time to assess the impact of the revisions set forth by the
Trust. Hamer said he wished to make clear that at the time of the purchase agreement his client agreed
to be a cooperative co-applicant in the annexation/rezoning process; Hamer said that the fact that his
client is not listed on the application must have been an oversight. Hamer said that their easement
speaks in terms of the usage of this parcel, part of which may be impacted with the railroad crossing over
it. Hamer said that he fully anticipates agreeing to this annexation and rezoning, and to being a co-
applicant in the matter; however, given that his office has not had adequate time to assess the changes
made to the easement and how the annexation process might affect it, he asked that the Commission
defer the matter until their next meeting. Hamer noted that there is a court hearing set on the approval of
this sale on the 19`h of November, and that the next Commission meeting is November 20`h. Hamer said
he believed it would be appropriate for this matter to be deferred, and said that he would be happy to take
any questions.
Freerks asked if Staff was aware of the complication referenced by Hamer. Howard said that Staff and
the City were aware of these issues, and that the purchase agreement between the Veronica Prybil Trust
and the City was contingent on the 80-foot parcel (E&L Prybil Partnership's interest) also be annexed at
the same time. Howard said that the City has also been in conversations with E&L Prybil over the last
two years about annexing their property. However, Howard said that in the last 6 months the City has
had to turn away several interested industrial developments due to lack of available land. While the City
is interested in working with the E&L Prybil to annex their property, the City Manager and City Council
decided to move forward to pursue this opportunity to acquire land to meet the current need for industrial
land rather than wait until E&L Prybil were ready to annex. Howard emphasized that the City continues to
be interested in negotiating with them to annex their larger piece of property.
Eastham asked what larger piece of property Howard was referring to. Miklo said that E&L Prybil owned
property to the north and west of the Veronica Prybil Trust property, as well as property to the north of
429~h Street. Miklo said that he believed that one of the reasons E&L Prybil wanted to buy this piece of
property was to provide access to both sides of the railroad track. Hamer explained that E&L Prybil has
maintained an easement for many years with regard to the fields to the north and access to the south.
Hamer said that through discussions over time with the Prybil Trust an agreement was made to purchase
this 80-foot strip and provide an access easement back to the Trust. Hamer said that he wished to
reiterate that they fully anticipate cooperating and being a co-applicant with this annexation, but that the
problem was that they had not received the revised easement language until October 27`". Hamer said
the deferral request is to give them time to sort out the changes made to the language since the
document was drafted six months ago, particularly with regard to when any type of utilities might be
added, the timing of crops, etc. Hamer said the request is simply for a deferral until the Commission's
next meeting.
Freerks asked Staff if there was any limitation date for the annexation. Howard replied that there is not.
Plahutnik noted that the applicant was the Prybil Trust who was asking the City to annex the property. He
asked if outside concerns such as the purchase, the courts, and the easement agreement are entirely
outside of the Commission's purview, or if it can be taken into consideration. Howard said that it is
certainly within the Commission's purview to defer the matter; however, whether or not the issues
mentioned are pertinent to the Commission's decision may be another matter. Howard said it certainly
would not be unusual for the Commission to take two meetings to consider the annexation.
Don Flannery, 2909 Gilmore Avenue, Des Moines, spoke on behalf of his mother who is the property
owner directly north of the Prybil Estate, from Taft Avenue west on the northern fence-line. Flannery said
that they stand opposed to the annexation and rezoning. Flannery said that the City did not disclose that
the proposed rezoning was inconsistent with the Johnson County-Iowa City Fringe Agreement, the
Johnson County Land Use Plan and the Iowa City Comprehensive Plan. Flannery said that these plans
make provisions for land east of Scott Boulevard and south of the railroad tracks as industrial zones; all
areas north of the railroad tracks are designated as low to medium density esidential. Flannery said that
Planning and Zoning Commission
November 6, 2008 -Formal
Page 4
if the City is changing the Comprehensive Plan and wants the Prybil property zoned industrial, then he
questions how other adjacent properties would be used in future zoning. Flannery said that he
respectfully asks the Commission to be cautious in considering this rezoning to industrial as it sets a
precedent counter to decades of prior zoning. He said that for decades, the railroad tracks have served
as a logical buffer zone between the industrial in the south and the residential in the north. Flannery said
the railroad tracks can be followed west from Scott Boulevard and all of the industrial uses will be found
on the south side of the tracks; north of the tracks is all residential.
Flannery said that they are very concerned that the development of the Prybil property will negatively
affect their farm's productivity. Specifically, Flannery said, drainage, run-off, disruption of existing the
lines and the natural flow of surface drainage are all concerns that he and his family have.
Jim Greazel, 4898 420"' Street, said that he had two concerns. His first concern was that in today's world
with its rising food costs, the land in question is very productive local farmland. His second concern was
that industry likes to have access to interstates more so than railroad tracks. Greazel said that Iowa City
has the luxury of good interstates in the area and that there is ample ground near those highways that
would be suitable for industry. Greazel said that this land is a good distance from the interstate and that
traffic is already bad in the area. Greazel said this decision would run counter to the City's long-range
plan of promoting good quality of life. He noted that if 420`h Street were improved to provide good access
to Interstate 80 for the industrial area, then it would wind up running right through a recently built, major
residential area.
There was no one else who wished to speak on this issue and the public hearing was closed.
Eastham moved to defer the item until the Commission's next scheduled meeting, November 20,
2008.
Weitzel seconded.
Eastham said he would like to have Staff comment at the next meeting on its views as to the natural
demarcation between this industrial zone and residential development to the north served by the railroad.
Plahutnik said he would also like Staff to review for the Commission the Fringe Agreement that was
pointed out by Flannery.
Howard said that Staff has a meeting with the Johnson County Board of Supervisors next week to discuss
this issue.
Weitzel asked if Staff could also address at that time transportation issues that had been brought up.
A vote was taken and the motion to defer was approved 4-0 (Busard abstained; Koppes and Payne
absent).
SITE PLAN REVIEW:
Review of a major site plan for Shelter House, 429 Southgate Avenue.
Miklo noted that before Staff went into a detailed review of the site plan, the Assistant City Attorney,
Greenwood-Hektoen, wished to clarify the scope of the Commission's considerations, and how it relates
to the Board of Adjustments. Miklo referred Commissioners to a memo prepared by Greenwood-Hektoen
on the topic.
Planning and Zoning Commission
November 6, 2008 -Formal
Page 5
Greenwood-Hektoen said that the scope of what the Commission is being asked to do in the site plan
review is pretty limited. Greenwood-Hektoen said that Commissioners were to examine the proposed site
plan and determine if it complied with the standards set forth in Iowa City Ordinance 18-3-2. Greenwood-
Hektoen said that she had listed out exactly what those standards are in her memo. Greenwood-Hektoen
said the Commission did not need to consider whether any special exceptions granted by the Board of
Adjustment had expired. Greenwood-Hektoen advised Commissioners to assume that the special
exception still exists and complies with standards set forth in that special exception. She said that if a
building permit is granted and that decision is appealed, the decision will return to the Board of
Adjustment who will then decide whether the special exception which they had granted continues to exist.
Greenwood-Hektoen said that if the Board of Adjustment decides that its special exception no longer
exists, then the Commission's approval of the plan will have no effect. She explained that the special
exception does not allow standards set below the minimum required by the code. Freerks asked for
clarification as to whether or not Greenwood-Hektoen was talking about things like the landscape buffer
that had been required. Greenwood-Hektoen said that this was correct, and would include screening and
parking requirements.
Greenwood-Hektoen acknowledged that there had been a lot of collateral issues with this case, such as a
boundary dispute, but advised the Commission that these were not things they needed to consider when
it came to determining whether this site plan complies with requirements of the code. She said that such
issues were private matters for the parties involved to work out on their own. Freerks asked if that would
be the same in any case and Greenwood-Hektoen replied that it would. She said that the Commission's
job is not to determine ownership of the land.
Greenwood-Hektoen advised that all comments from the Commission and the public should be limited to
the site plan review standards. The Commission's job is not to determine whether the use is appropriate
for this particular parcel, or whether or not the zoning is appropriate, Greenwood-Hektoen said. The sole
question is whether or not the site plan complies with standards.
Greenwood-Hektoen said there had been a question raised as to whether or not Commission member
Charlie Eastham had been conflicted out of consideration for this case. Greenwood-Hektoen advised that
it was the City Attorney's legal opinion that he does not have a conflict in this case. She noted that in the
July 14, 2004, Board of Adjustment meeting when they were considering whether to grant the special
exception, Eastham made a statement in support of the application. Greenwood-Hektoen said that the
issue before the Commission is totally separate from whether or not the special exception is appropriate.
She said that the issue is solely whether or not the site plan proposed meets the City's design standards.
She said that her understanding is that Eastham has no direct personal stake in the outcome of the
application, does not serve on the Shelter House Board, and does not feel personally biased one way or
the other in this matter. Eastham said he did not serve on any Shelter House Board or committee. He
acknowledged making a statement in the 2004, but said that it was a long time ago and had to do with the
appropriate use of this parcel for the purpose of a homeless shelter. He said that it is his understanding
that the matter before the Commission was simply one of compliance with site plan review standards.
Greenwood-Hektoen asked if Eastham felt he could be unbiased and impartial. He replied that he could
be as unbiased and impartial in this matter as he is with anything else.
Miklo briefed the Commission on the site plan review. He explained that the site plan standards are in the
city code and are what Staff uses to determine whether or not any site plan should be approved. In this
case, Miklo explained, the Commission is being asked to serve in that administrative role and make that
determination. Miklo said that there are 13 items in question. Miklo said Staff had received a site plan
on November 5`h that addressed the number of parking spaces, a major concern that had come up. The
plan has been revised to allow for four additional parking spaces, three on the west side of the driveway
and one on the north. Miklo pointed out that there are two parking spaces internal to the building. Based
on the newest site plan, Housing Inspection Services (HIS) has verified that the site plan does meet
minimum parking requirements. Miklo noted that the memo before the Commission lists the 13 items or
areas that are outlined in more detail in the code and are used to review site plan. Miklo noted a memo
Planning and Zoning Commission
November 6, 2008 -Formal
Page 6
from the City Engineer's office in Public Works which finds the site plan in compliance with drainage and
utility connection standards. A memo from the Fire Marshall indicates that the site plan complies with fire
safety codes. Issues of erosion and sediment control, vehicle and pedestrian circulation, screening of the
outdoor dumpster area, exterior lighting, screening of equipment, screening of storage areas and general
parking areas, are all confirmed to be in compliance with the standards by Judy Tallman of HIS. The
removal of trees from the southern part of the property had been questioned by some as to whether or
not their removal complied with landscape preservation codes. Miklo explained that the trees were in the
drainage way easement on the southern side of the property and in an area identified in the concept plan
as a play area; at that time they were identified for removal so that the play area and fence-line could be
developed. Miklo said that normally when Staff reviews a site plan they point out any trees that can be
saved and still allow for development. Miklo said that Staff does not feel that trees were needlessly
removed in this case.
Miklo said that there are no issues concerning the sensitive areas ordinance as there are no sensitive
areas involved with this property.
Miklo said that the final item for site plan review is that the development complies with all other city, state
and federal regulations. Miklo noted that in this case, this would include whatever requirements the
Board of Adjustment had imposed. Miklo stated that all elements were in compliance.
Miklo said that Staff has determined that if they were in the role of reviewing this site plan they would find
that it now meets site plan requirements. Miklo offered to answer any questions the Commissioners
might have.
Freerks asked if it was typical for Staff to include the two spaces internal to the building as parking
spaces. Miklo said that it is not unusual, and that the parking requirement is for a total number of spaces,
not for surface parking.
Eastham asked about the exterior lighting standards. Eastham asked if Staff felt that the outside lighting
met the applicable standards and would not give off excessive light in neighboring properties. Miklo said
that Judy Tallman in HIS has expertise in lighting and reviews the lighting plans for all site plans, looking
at the wattage, the height, the amount, and other features of the lighting. She has determined that the
lighting plan meets the City's requirements.
Plahutnik said that generally the City's preferences for design have been a building near the street with
the parking lot screened by the building or behind it. He noted that this design standard does not seem to
be inn play here and wondered why. Miklo responded that the design preference to which Plahutnik
spoke is a requirement in some of the commercial zones and in the multi-family zones. It is not a
requirement or a stated preference in the CI-1 Intensive Commercial zone, the CC-2 zone, or the CO-1
zone, and as a result does not apply to this property.
Eastham stated that he received a call from the director of the Shelter House prior to the November 3~d
informal meeting. He said that the call discussed what procedures would be followed as it pertains to the
application, that there would be a public hearing and an open forum.
Plahutnik asked if Staff had reviewed the correspondence from Gregg Geerdes that had been received
November 5'h. Miklo said that they had, and that they believed the City Attorney memo addresses those
issues. Plahutnik asked if the requirement for a management plan had been fulfilled. Greenwood-
Hektoen stated that a management plan is required at the stage that an applicant is requesting a special
exception. Because this applicant had already received a special exception prior to that requirement
being added to the code, they were grandfathered in and, thus, no management plan was required of
them.
There were no further questions from the Commission and the public hearing was opened
Planning and Zoning Commission
November 6, 2008 -Formal
Page 7
Freerks asked that those who comment keep their comments focused on things which the Commission
can address. She noted that the Commission cannot address the appropriateness of the proposed use
and so this would not be the forum to make those arguments. She said that if the public had comments
within the scope of the items that the Commission would be considering, then they would love to hear
them.
Scott Murray, 605 Everett, Kansas City, Kansas, shared a power point presentation with the Commission.
Murray noted that the site plan that he had been working off of did not have enough parking to meet the
requirements, as it had only 18 of the 21 spots. He noted that the parking inside the building would be
occupied by Shelter House vans used to transport children to and from school. As a result, Murray said,
they should not be considered employee parking as there will be no employee cars in those spots.
Murray asked if the buffering rules and setback requirements were still being met with the new parking
spaces that had been added. He noted that there is no off-street parking on either of the two streets in
question. Murray said that they disagree that the parking issue has been resolved, and see it as still a
problem.
Murray said that he disagrees that the site management plan should be grandfathered in. He said that it
is a very, very important component of the site plan approval process. Murray said that according to the
City's nuisance code, the site management plan actually consists of four sub-plans: 1) litter control plan,
2) loitering control plan, 3) a plan for on-site security, and 4) a conflict resolution procedure. In his
presentation, Murray noted a wide area beyond the boundaries of the Shelter House property to which he
believed a site management plan should apply. He also proposed a large security fence to keep Shelter
House residents from infiltrating nearby homes and businesses. Murray said that a site management
plan is crucial to the success or failure of Shelter House. Murray said that his plan also proposes security
lighting, not just parking lot lighting, all around the site and possibly in the entryway to the trailer park. He
said that he would like to discuss the issue of installing security cameras to monitor who came and left the
facility as a way of helping to protect mobile home park residents.
Murray said that residents are very concerned about their safety and security and that they believe a site
management plan is crucial to helping to protect them. Without a site management plan, Murray said, the
City could be asking for trouble. Murray said that it may even be necessary to have security guards or
hired police in the area, especially on weekends. Murray said that Shelter House documents say that
there will be at least 70 people in the shelter at any one time, with enough square footage to hold 150.
Murray said that on cold, rainy nights it is possible that over-occupancy could lead some clients to search
for other places in the neighborhood to sleep. Murray asked what the plan was for holidays and Sundays
when no bus service is available. Murray said he had a petition signed by 92 people who are very
concerned about the site management plan and the safety and security of the area. He said they are
concerned about people walking up and down the area and about vandalism, petty thefts, break-ins and
large thefts. Murray said neighbors are concerned about the kind of people who sometimes inhabit
shelter houses.
Murray noted that the parking requirements are being set at current standards and so, he contended,
should be the site management requirement; it should not be grandfathered in. Murray said that the
neighborhood would like to come with a workable agreement for a site management plan before they
considered moving on with the project.
Murray explained the boundary-line dispute mentioned by Greenwood-Hektoen. He said that the
situation is one in which the term "adverse possession" is more applicable. At the southern boundary of
the property, there are three mobile homes encroaching on Shelter House land. Those buildings have
been there since the 1960's and 1970's. For dozens of years, the owners of Hilltop Mobile Homes have
been taking care of that property. Currently, Murray said, there is a 30-foot drainage channel easement.
Adverse possession would seek to move the property line, which in turn would move the drainage
easement, shrinking it to less than the 30-foot drainage setback requested by the Board of Adjustment.
Planning and Zoning Commission
November 6, 2008 -Formal
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Murray contended that the building would have to be either moved forward or shrunk to provide the
proper setback, and that would in turn change the current site plan.
Murray noted that at one point the engineering report mentioned that there could be as many as 20
employees, something not noted anywhere else. He also asked if an FAA approval was required; a
question put to city engineers for which he had received no response. Murray also noted that it had been
hoped that the landscape preservation ordinance would help to save the trees that had been cut back on
the south end of the property. Murray said that in light of the adverse possession situation, a matter in
which he will be filing slaw-suit, he had really hoped those trees would not be removed.
Murray said that there are serious issues involved in this application that are just not quite straight. He
said that he asked that there could be a time where everyone got together and came up with a more
workable solution. Murray asked that the Commission delay its decision making until some of the issues
regarding site plan, parking, and adverse possession are resolved.
Gregg Geerdes, 105 Iowa Avenue, #234, said that he is a lawyer representing the Dahlen family, who are
the adjacent property owners. He said that it was clear to him that the Commission is in a difficult spot.
On the one hand, Geerdes said, the Commission has the City and Shelter House telling them that
everything is fine; and on the other hand, the Commission is about to hear from a number of people
telling them that indeed things are not fine and that there are a lot of problems with the site plan that need
accommodations. Geerdes read from city code regarding the Commission's charge in this matter
(18.1.1a): "to promote the most beneficial relation between present and proposed uses of land." Geerdes
said that this required the Commission's site plan review to accommodate existing uses as well as the
proposed uses. Geerdes said that this brings the issue of the facility's management plan which is lacking
from the site plan. Geerdes said that he adamantly disagrees with the representation made to the
Commission that a site management plan is somehow not applicable in this case. City code says that the
Commission is to "ensure compliance with this code as amended." Geerdes said that the flip side of this
is that the applicant wishes to use the current code for its parking standards but the previous code when it
comes to the site management plan requirement. Geerdes said that he knows of no other use in city
code which contemplates a site management plan other than a shelter. He said there is nothing else in
the code that talks about proactively addressing the concerns of littering, loitering, security and conflict
resolution. Geerdes said the code recognizes problems and concerns that need to be addressed as part
of the site management plan. Geerdes said that the code requires a site management plan to
accompany the application and to be submitted as a part of the site plan process. This, Geerdes said,
has not been done.
Geerdes said that he very much agrees with the analysis given to the Commission regarding the
boundary line dispute. Geerdes said that one of the things that the Commission is supposed to look at is
whether or not the requirements of the Board of Adjustment's special exception have been satisfied.
Geerdes said that he respectfully suggests that there is no possible way that they can be satisfied under
the current scenario. The Board of Adjustment instructed and ordered a wooden boundary fence
constructed along the south border of the property: an instruction which if fulfilled would put the fence
right through the heart of the three encroaching mobile homes. The Board of Adjustment also required
the 30-foot setback for the good reason of providing buffer for the mobile homes from the shelter.
Geerdes said that because of the adverse possession factor, that 30-foot requirement can no longer
exist.
Geerdes asked the Commission to apply good old-fashioned horse sense to the situation. He asked if
the Commission really wished to approve a site plan in which other people's homes were sitting right on
top of the project. He said that it would make no sense, and it is an invitation to a dispute that can be
resolved only through litigation. Freerks asked if Geerdes had any proof that the land is owned by the
mobile home residents. Geerdes explained that the concept of adverse possession means that if a
person openly and exclusively uses property as their own for aten-year period, it then belongs to them;
acquiring ownership from your neighbor through use. Geerdes said that for at least the last 35 years
Planning and Zoning Commission
November 6, 2008 -Formal
Page 9
there have been mobile homes encroaching on the original property line. Greenwood-Hektoen interjected
that the boundary issue was a private matter with which the City did not need to get involved. Freerks
stated that it was not part of what the Commission needed to discuss in its site plan review. Geerdes said
that it should be, and that he respectfully disagrees with the direction she and other Commissioners had
been given in what they could and could not consider. He said that City staff and the applicant have
vested interest in the outcome, and the Commission is playing the role of the judge. Freerks said that it is
pretty clearly defined and that the Commission is not a judicial body. Geerdes responded that it is the
Commission that needs to make a determination as to whether the site plan is in compliance. Freerks
asked Geerdes to continue with his comments.
Geerdes said that the parking issue had been discussed, but that the issue of where people coming to the
center for day-services would park had not yet been addressed. Geerdes said there are a lot of people
who use the Shelter House's drop-in services for laundry, mail, counseling, etc., and that no provisions
had been made for them to park. Geerdes said that Shelter House says there will be up to 20
employees, a direct contradiction to the maximum number of 14 that had been given to the Commission.
If there are 20 employees and 70 overnight residents, Geerdes stated, then the code requires 27 parking
spots.
Geerdes suggested that the Commission defer the matter until some of these concerns were addressed.
Geerdes said that the Commission was apparently presented with a site plan that he has not seen or had
a chance to review. As a result, he and his clients have not had a chance to review the parking
provisions and determine if they are adequate.
Tim Krumm, 4186 Prairie Meadow Court NE, identified himself as the attorney for Shelter House. He said
that he strongly agrees with the opinion of the Assistant City Attorney regarding the scope of the review.
Krumm said that the task of the Commission is to stand in the shoes of Staff and determine whether the
requirements for site plan approval have been met. Krumm said that he believes the requirements have
been met and will therefore not spend time going over that, but would like to primarily make himself
available for any questions. He introduced Tom Werderitsch from Selzer-Werderitsch Associates as the
construction manager on the project, Christie Canganelli, Executive Director of Shelter House, and
Dwight Doberstein, design professional, as being present to make themselves available to any questions.
Krumm said that Shelter House strenuously resists the notion that there should be a deferral on the
matter. Krumm said the construction of this shelter has already been deferred for about four and a half
years. He noted that many of the same issues brought before the Commission were the same questions
raised four and a half years ago. Krumm said there is clearly a desire for communication, and he said
that the shelter is ready and willing to communicate with its neighbors. However, he said that he did not
believe that that had anything to do with what the Commission was charged to do in this matter.
Krumm said that parking issues are clearly a proper subject for a site plan review, but that the parking
requirements have been met and there is not much more to say on the subject. Krumm noted that the old
parking standards actually required fewer spaces than the newer regulations, contrary to what Geerdes
had implied. Krumm said there will not be 20 employees in the building at any one time, and the
maximum number of staff present at any one time will be 14.
Regarding the site management plan that had been discussed, Krumm said that at the time that the
special exception was granted four and a half years ago there was absolutely no requirement that a site
management plan be submitted. Krumm said Shelter House was granted its special exception under the
rules in effect at that time and has spent the last four years in litigation trying to preserve that special
exception. Krumm said that the suggestion that Shelter House would be required to comply with new
requirements for what it takes to get a special exception is completely specious. Krumm said he did not
want the Commission to think anyone was trying to pull a fast one on them, or that they were missing
some requirement. Krumm said he understands that neighbors are concerned and he expressed his
desire to keep the communication with neighbors open, however, he said that imposing requirements like
Planning and Zoning Commission
November 6, 2008 -Formal
Page 10
security lighting, guards and cameras that neighbors would like to see is not something that code would
permit the Commission to do.
In regards to the boundary dispute, Krumm said he was not sure if one actually existed. Shelter House
surveyed the property in preparation for construction and discovered encroachment. Krumm noted that
just because the Board of Adjustment said there had to be a fence, does not mean that that fence has to
go directly up to the property line. Krumm said that if Shelter House does not prevail on the boundary
issue, then they will simply build the fence farther from the property line. Krumm also noted that there is
not a 30-foot setback requirement; rather there is a 30-foot drainage way easement. Krumm said that the
building would obviously not be constructed in the drainage way easement, and that it will be preserved.
Krumm stated that any boundary issues were private matters that hopefully could be resolved outside of
court, but that regardless, it was beyond the scope of the Commission's consideration.
Joyce Barker, 2018 Waterfront Drive #128, said that if Shelter House is acknowledging the current code,
then she believes that they should be held to that code. She said that they had had time enough to
redraw and resubmit plans for the extra parking spaces, so they should similarly be required to submit a
site management plan. Submitting a site management plan is not optional, Barker contended, but is a
requirement. Barker said she and her neighbors are extremely disappointed that Shelter House and city
staff did not even attempt to comply with this requirement.
Barker said that her mobile home park has 80-100 children in it. She said that her neighbors and
neighboring businesses take the issues of crime, vagrancy and loitering very seriously. As a resident of
the proposed neighborhood, Barker said, she has a right to expect the requirements of the nuisance code
to be followed. She said they have a right to learn how Shelter House expects to address loitering, noise,
conflict issues, and the flow of traffic. Further, Barker asked how Shelter House intended to deal with
those they turned away due to failure to treat their mental illnesses or abstain from drugs and alcohol.
Barker asked what the Shelter House's on-site security plan was. Barker said that the neighborhood
which Shelter House intends to be a part of should have input on any nuisance plan developed.
Barker asked how the Commission could be expected to approve a site plan that may have to be
redesigned when the adverse possession issue is ruled on. Barker said she believes it makes sense to
postpone approval until outstanding issues are taken care of.
Noel Bree, 1321 North Seventh, stated that he did not believe the Commission knew what it was getting
in to. He said that he worked at a homeless shelter for four years, starting off in security and moving up
to assistant case manager. He said that when he hears the word homeless shelter he thinks about the
homeless person; when he thinks about the homeless person he thinks about people who are dealing
with substance abuse problems, bi-polar disorder, people who are unpredictable. He said that the current
plan seems to be just to release 70 of these people into the community. He said that he just did not think
this was right. Bree said that it is a fact that homeless shelters bring about more loitering, more pan-
handling, more drug-use, more public intoxication and more prostitution. Freerks asked Bree to keep his
discussion to the issues that the Commission could rule on. Bree said that it seemed to him that there
should be some way to decrease the impact that this homeless shelter will have on the safety and
security of the community. He said that at 7:00 a.m. the "convicts" were going to be released into the
community with homes and businesses all around the shelter. Plahutnik interjected that he lives across
the street from a homeless shelter and he can assure Bree that at 7:00 a.m. his neighborhood is fine. He
added that the issues Bree was bringing up were not germane to the site plan review before the
Commission. Bree asked how the public was supposed to handle these concerns for neighborhood
safety and security. Plahutnik said he would like to handle a lot of issues regarding safety and security in
Iowa City but that they are outside his purview as a Planning and Zoning Commissioner. Bree said that
he just wished to reiterate that he did not believe the Commission knew what it was getting into it.
Craig Dahlen identified himself as one of the managers of the mobile home park. He stated that one of
his biggest concerns are the homeless camps in the woods and parks surrounding the mobile home park.
Planning and Zoning Commission
November 6, 2008 -Formal
Page 11
He said there are certain areas where the homeless do congregate, and that it was his wish to see a site
management plan that would address how such camps would be dealt with. He said that the camps
would only get bigger with a homeless shelter so nearby. He said that some of the camps are in wooded
areas near the river and in Napoleon Park and that he has several times had to remove homeless
persons from his property. The new shelter will increase the size of the camps due to its proximity. When
clients leave the shelter, Dahlen said, they will be going to those camps. A site management plan is
needed to address this issue.
Freerks asked Greenwood-Hektoen to take a moment to talk about the reason that parking standards
must meet the current code but the site management plan aspect of the current code is inapplicable.
Greenwood-Hektoen said she believed Krumm did a good job explaining that distinction. Greenwood-
Hektoen explained that a shelter site management plan is required at the time that a special exception is
applied for. Shelter House did not submit a site management plan at the time of its application because
such a requirement did not exist at that time. Because the Commission is not deciding whether or not to
grant a special exception, the new law is not applicable. Shelter House has essentially been
grandfathered in because their special exception was granted at a time prior to the new requirement.
Freerks clarified that the distinction lies in the requirements of a special exception versus requirements of
the basic code. Freerks said that comparing the parking code requirements and the site management
plan requirements is not really comparing apples to apples. Howard noted that when an application for a
special exception is made before the Board of Adjustment a specific site plan is not generally drawn up
because they are getting early approval for a specific use on the property. The Board does not look at
very specific details of the site because they have not yet been determined. Howard explained that
special exceptions require that at the time the building permit is issued, current code requirements will
have to be met. Howard said Shelter House is at that point now: having to meet current code
requirements with regard to parking, setbacks, screenings, etc. The Shelter House has already met all of
the approval criteria required by the Board of Adjustment to determine whether a specific use is allowed.
Therefore, Howard said, those criteria are not applicable at this time.
Tom Huber identified himself as an employee at Hilltop Mobile Home Park. Huber said that the park is a
clean one and that a lot of work has been done to make positive changes there. Huber said the park has
a mail-house in which many grade school kids wait for the buses between 7:00 and 8:00 a.m. Huber
noted that fences can be climbed. Huber said that he had twice fixed a concrete post on the property that
the homeless had ripped right out of the ground. He said that he believed it was very poor judgment to
put too many kids and too many people just getting out of prison in such a close proximity. Freerks asked
Huber to direct his comments to the issues of site plan review. Huber said he understood that, but did not
understand to whom he should direct his concerns.
Isabella Vine, 2018 Waterfront Drive, pointed out her home as one of the structures encroaching on the
Shelter House site. Vine questioned the logic of the Commission not being able to consider the boundary
issue as a factor in approving the plan. Vine said that the Commission cannot approve a plan that sits on
someone's home. She said there are issues to resolve first.
Vine said she was present when Tom Werderitsch came and began chopping down all of the trees. She
said that the original plan for Shelter House had retained the trees as abuffer in addition to the privacy
fence. Vine said her mother asked Werderitsch why he was cutting down the trees at the time, and he
replied that he had been ordered to by the courts. Vine said that this was not true. Vine said that
Werderitsch had actually petitioned the courts for permission to cut down the trees. Vine said Christie
Canganelli said that she did not know what was going on with the trees. The person they spoke with at
the City also did not know what was going on with the trees. Vine asked who did know what was going
on with this project, and accused Werderitsch of not being honest about the trees. Vine asked why it was
not important that her house was sitting on that property line. She asked Commissioners how they
thought they could approve a plan that was to be built on top of her house. Vine said she and her mother
asked on a Friday if Werderitsch would refrain from cutting down any more trees. The following Monday
Planning and Zoning Commission
November 6, 2008 -Formal
Page 12
they received a letter informing them that they had until December 315` to cease encroaching on Shelter
House property. Vine said that such behavior was not respectful. Freerks said that she knew it was an
emotional subject but that she needed to ask that the tone of Vine's comments remain civil. Vine
reiterated that the plan must be adjusted so that it is not sitting on her house prior to approval by the
Commission; to fail to do so would be wrong and irrational.
Freerks asked if Greenwood-Hektoen would like to talk a little bit more about the scope of the
Commission. Greenwood-Hektoen said she believed it had been adequately addressed. Freerks asked
her to restate the issue. Greenwood-Hektoen said that title to land is not examined in site plan reviews.
Freerks added that anyone has the right to remove trees on their property. During redevelopment,
Freerks said, there are some issues when a stand of trees meets the definition of a grove. Miklo stated
that as long as the trees are not protected by the sensitive areas ordinance the property owner has the
right to remove them, so far as Staff is aware.
Tom Werderitsch, 3 Evergreen Place, said that he is sorry Vine thinks that he is a liar because he is not.
He said that he had never gone to any court to ask permission to remove trees, so he is not sure where
that idea came from. What he said to her when asked why he was removing the trees was that he
believed that in order to follow the letter of the law allowing Shelter House to proceed with construction,
he had to put the fence within three feet of the property line. To do that, the boundary line had to be
established and the trees had to be removed. It was his interpretation of the drawing from which he was
working that he did not have a choice in the matter. Werderitsch reiterated that the trees had to be
removes as a part of the process for establishing the lawful property line. Werderitsch stated that the
homes in question are actually encroaching on a city easement, not the lawful property line. He said he
just wished to clarify so that people understood that he did not lie.
Gregg Redlin, 2950 East Washington Street, said that he has a business at 515 Southgate Avenue.
Redlin has been in business since 1977, and built his building on Southgate Avenue in 1982. In 1983 he
purchased 505 Southgate, which is very near Shelter House. Redlin expressed his primary concern as
being what he would need to do to help his renters secure their businesses to ensure that they are not
broken into or vandalized. Redlin pointed out that at the Shelter House's current location at 331 North
Gilbert Street there is a neighborhood watching things at all times. Redlin said that when he leaves his
business at 7:00 p.m. and does not return until 7:00 a.m. the next morning, there is no one in the area to
keep an eye on things. He has had no problems in the area up until this point, but wants to know what he
is to tell those renting from him about the neighborhood's future. He is concerned that businesses in the
area will have to go to additional expense to secure their properties.
Lori Dahlen, 2018 Waterfront Drive, said she was thinking about the site management plan that they had
all believed was a required part of the process. She said that she had spoken with a resident of the
mobile home park whose daughter had worked at the HACAP Headstart which was behind the current
shelter house. The woman said there was a fence surrounding the preschool, but that people had
jumped the fence and that many mornings teachers had to pick up glass and beer cans from the play
area; she also said there were problems with people wandering in to the daycare. Dahlen said that her
concern was that if those things could happen there, what was preventing similar things from happening
at Hilltop. Dahlen said that as a manager at Hilltop she has worked with Werderitsch on the trees
somewhat and that she has found him to be nice. However, she said that the original proposal for the
project stated that the fence in combination with existing trees would provide the transition and buffer
between the two-story Shelter House and the one-story residences.
Dahlen read a letter from a resident of Hilltop Mobile Home Park who could not be present at the meeting.
The letter-writer identified herself as a mother of three children whose concern about the Shelter House
being located next door were: 1) how will Shelter House ensure that Hilltop residents are not harassed in
any way by shelter clients, 2) how will loitering be ensured against, 3) how will vandalism and theft be
prevented. The letter-writer said there are many concerns but that safety is the first issue.
Planning and Zoning Commission
November 6, 2008 -Formal
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Dahlen asked that the Commission hold off on approving the site plan until Hilltop, its residents and its
representation had a chance to look at the newest version of the site plan with its parking revisions.
Bart Cramer, 513 Center Street, Lone Tree, said that he was present as an observer. He directed his
question to Greenwood-Hektoen, asking if in the absence of a site management plan all of the nuisances
that are likely to occur will have to be dealt with ex post facto by residents seeking remedies after the
shelter is built. Greenwood-Hektoen acknowledged that this was the case.
Janet Dahlen, 4815 Southeast Sand Road, introduced herself as owning the Hilltop Mobile home park in
conjunction with her husband for 23 years. Dahlen said that she has a responsibility to the people who
live there and who have put their trust in Hilltop to provide them with a safe and secure place in which to
raise their families. Dahlen said it is her responsibility to provide residents with continued safety and
security. She said she is greatly concerned with the impact the shelter will have on Hilltop. She asked
where people will go once they leave the shelter or are turned away from the shelter for being sex
offenders, drug addicts, and drunkards. Dahlen said there are 152 families living at Hilltop and
approximately 80-100 children. Dahlen said there is a daycare immediately across the street from the
shelter. Dahlen said she has never been able to get her concerns across to anybody, but that she is
very, very concerned. She thanked the Commission for listening.
Geerdes stated that the code section for site plan review is Chapter 18 of the code. The code states:
"The following factors shall be considered in arriving at a conclusion concerning proposed development
and property: zoning regulation at the time of the proposal." Geerdes said that he could not state the
matter any more clearly than that. Geerdes said that in regard to the boundary dispute, the Commission
would essentially be taking property that rightfully belonged to Hilltop and incorporating it into someone
else's project; a violation both of state law and of constitutional rights.
No further members of the public came forward and the public hearing was closed.
Freerks stated that the Commission had four options: 1) approve the site plan, 2) review and approve it
with conditions, 3) defer the matter, or 4) vote the measure down. Miklo explained that the 20-day period
for site plan review expires on November 13, 2008. As a result, the Commission could only defer to the
next scheduled meeting on November 20th with the permission of the applicant, or if they held a special
session prior to the expiration date.
Eastham motioned to approve the site plan submitted by Shelter House as of November 6, 2008.
Plahutnik seconded the motion.
Freerks invited discussion from the Commission
Eastham said he was going to vote in favor of the motion. He stated that it was his understanding that
the scope of review is strictly limited to elements of site plan review and the provisions of the zoning code.
Eastham said it was his opinion that requirements have been met. Specifically, parking requirements are
set not for the total number of employees, but for the maximum number of employees present on-site at a
given time; those requirements have been met. Eastham said that he did not believe he had any
authority to add requirements at this point that went above and beyond those in the code and the special
exception.
Plahutnik said he also is in support of approval. Plahutnik said that the Commission had been advised by
counsel not to take these other matters into consideration, and based solely on the site plan before the
Commission the requirements have been met. Plahutnik said he assumed there would be continued
attempts to stall this project in court, but that the process the speakers seemed to want the Commission
to revisit was the original zoning process and the special exception. Plahutnik said the Commission is not
there to reopen that process.
Planning and Zoning Commission
November 6, 2008 -Formal
Page 14
Weitzel stated that it is his understanding that the Commission's role was to take on the duties of Staff in
reviewing an application that was made in 2004. Weitzel said that there are 13 specific criteria for the
Commission to look at. Having looked at the site plan, the memos from the various departments stating
that the site plan meets requirements, and heard the testimony of the public, Weitzel said he believed all
criteria have been met.
Busard said that whether or not he is in favor of Shelter House is irrelevant. The time to debate the
zoning and use of the property was in the zoning and special exception phase. The site plan, Busard
said is in compliance.
Freerks said the Commission's focus was narrowed to the 13 items addressing site plan review. Freerks
said she allowed some conversation that given the narrow scope of the matter before the Commission
she might not normally allow; however, she said it is important that people feel they have a voice in these
things. She said conversation can be very helpful, and she hopes that people can be good neighbors to
one another. She said the Commission is not a judicial body and has very specific things that they can
look at in this matter, and that she feels the Commission has served its purpose. She said she has a
feeling this issue will probably continue on in other ways, but that Shelter House had to be treated just as
any other applicant would and so she must vote in favor.
A vote was taken and the motion carried 5-0 (Koppes and Payne absent).
CONSIDERATION OF MEETING MINUTES: October 13 & October 16, 2008:
Busard motioned to accept the minutes.
Weitzel seconded.
The minutes were approved on a vote of 5-0 (Koppes and Payne absent).
OTHER:
Freerks noted that there was an article in the newspaper about the County's justice center, and the
possible site locations. She asked if Staff had had any conversations about that. Miklo said there have
been discussions with the County Attorney's Office and the facility planners for the new addition. Miklo
said that it was Staff's understanding that the court house would be retained and used as court rooms but
that a new building would be built to the south of that. Miklo said the County is acquiring some property
from the City for that purpose. It has been expressed by Staff and City Council that there is a plan in
place for that area and that there are some design concerns. As a part of the purchase agreement, there
will be provisions for the County to make a good faith effort to follow those design plans and build an
attractive building that fits in with the streetscape concepts for the Near-Southside Plan.
ADJOURNMENT:
Weitzel motioned to adjourn.
Busard seconded.
The meeting was adjourned on a 5-0 vote (Koppes and Payne absent) at 9:22 p.m.
Iowa City Planning & Zoning Commission
Attendance Record
2008
F/1DMA1 MFFTIN(:
Name Term
Ex ires
1/2
1117
3/20
413
4/17
5/1
5115
615
6119
713
7/17
817
8/21
914
9118
10/16
1116
J. Busard 05/11 -- -- -- -- -- -- -- - -- --- -- - -- -- -- -- X O/E X O/E X X X X X
C. Eastham 05/11 X X X X X X X X X X X X X X X X X
A. Freerks 05/13 X X X X X X X X X X X X X X X X X
E. Ko es 05/12 X X X X X X X X X X X X 0/E X X X O/E
M. Pa ne 05/10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- O/E X X X O/E
W Plahutnik 05110 X X X X X 0/E X 0/E X X X X X X X O/E X
T. Weitzel 05/13 -- -- -- -- -- -- -- -- -- -- X X X X x X X X X X X X
INFr1RMAl MFFTINr~
Name Term
Ex ires
2n
2121
4/14
5/12
6/2
6/30
7/14
8/18
9/15
10/13
11/3
J. Busard 05/11 -- -- -- -- -- -- -- -- -- -- X X X X X X
C. Eastham 05/11 X X X X X X X X X X X
A. Freerks 05/13 X X X X X X X X X X X
E. Ko es 05/12 X X X X X X O/E X X X X
M. Pa ne 05/10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X
W. Plahutnik 05!10 O/E O/E X X X X O/E X X X X
T. Weitzel 05/13 -- -- -- -- -- -- X X X X 0/E X X X
Key:
X =Present
O =Absent
O/E = Absent/Excused
IP12
IOWA CITY TELECOMMUNICATIONS COMMISSION DRAFT
MONDAY, OCTOBER 27, 2008--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LIMN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Saul Mekies, Hans Hoerschelman, Robert Kemp, Gary Hagen,
MEMBERS ABSENT: Brett Gordon
STAFF PRESENT: Mike Brau, Bob Hardy, Dale Helling
OTHERS PRESENT: Beth Fisher, Josh Goding, Lee Grassley, Susan Rogusky, Craig
O'Brien, Michael McBride, Phil Phillips
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Grassley reported that Mediacom will be responding to the letter from the City regarding service
call windows. The problem has been corrected. A response to a second letter regarding filing
requirements has been forwarded to other Mediacom officials. Several channels have been
added to the digital tier. WHBF will be taken off the analog Family Package in response to a
ruling by the FCC and will be replaced with several high definition channels. Grassley said that
Mediacom has replaced personnel at the corporate office who were responsible for customer
service telephone calls. In the last 60 days the process by which a call gets routed has been
overhauled and additional customer service representatives have been put in place. The phone
call response time and accuracy of responses should improve. Goding distributed PATV's
quarterly financial report. Goding reported that PATV holds no stock and invests in T-bills. The
PATV annual membership meeting will be November 20 at 7 p.m. Anew board member will be
elected and awards presented. Hardy said that Mediacom contacted the City regarding a proposal
to move all or some of the access channels to digital transmission. Hoerschelman said the City
needs to evaluate the benefits to the community that could include Mediacom offering more
high-definition channels and the possibility of implementing DOCSIS 3.0, which greatly
expands Internet bandwidth. The access channels could have programs put on the video on
demand service and streamed on the Internet. Hardy said the issue needs to be further explored
before the issues are fully flushed out for the community. Mekies said he would like to see a list
of pros and cons and any costs of the proposal. Grassley said Mediacom will cover any costs
that would be involved in making a transition to digital transmission and there would be no
impact on the access channels' budgets.
APPROVAL OF MINUTES
Kemp moved and Hagen seconded a motion to approve the September 22, 2008 minutes. The
minutes were unanimously approved.
ANNOUNCEMENTS OF COMMISSIONERS
Hagen said he would be unable to attend the November meeting.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Hardy reported that there were 2 technical issues regarding digital reception in digital televisions
not needing a Mediacom converter box. Grassley said that consumers can get a Mediacom
encrypted card in these cases. As Mediacom transitions to digital more unencrypted channels
will be available and will be viewable with any digital-ready television without a converter.
Hardy said there were also so billing problems that were resolved. Mekies asked about a
complaint in which a consumer had a problem with their promotional rate and asked if all
similarly situated consumers also received a refund. Grassley said that when an error is
discovered with a promotion all subscriber accounts with that promotion are checked. Kemp
asked about customer experiences with Mediacom and the City when calling with a problem.
Hardy said Mediacom's phone calls are answer automatically and use atouch-tone information
system before reaching a customer service representative. Wait times can be long and this will
need to be explored in the Triennial Review. Hagen said the only way consumers would know to
contact the City Cable TV Office is by the fine print on bills. Hardy said the fact that there is a
number for subscribers to call needs to be promoted. Mekies asked about a complaint in which a
caller had additional fees attached by the cell phone company they had called using Mediacom's
phone service. The rate listed on the Mediacom's website did not note there may be additional
fees. Grassley said he will look into this. Hoerschelman asked if Mediacom's rates were
included in the City Cable TV Office website. Hardy said they were and would make sure they
were up to date.
MEDIACOM REPORT
Grassley reported that Mediacom will be responding to the letter from the City regarding service
call windows. The problem has been corrected. A response to a second letter regarding filing
requirements has been forwarded to other Mediacom officials. Several channels have been
added to the digital tier. WHBF will be taken off the analog Family Package in response to a
ruling by the FCC and will be replaced with several high definition channels. Grassley said that
Mediacom has replaced personnel at the corporate office who were responsible for customer
service telephone calls. In the last 60 days the process by which a call gets routed has been
overhauled and additional customer service representatives have been put in place. The phone
call response time and accuracy of responses should improve.
UNIVERSITY OF IOWA REPORT
Mc Bride reported that the University channel will be carrying all the coach's press conferences
for the men's and woman's basketball teams. Many fine arts events will be taped over the
coming weeks and cablecast during the holiday seasons. Grassley said that Mediacom will be
cablecasting five men's basketball games that will not be carried by the Big Ten Network.
KIRKWOOD COMMUNITY COLLEGE
O'Brien noted that Kirkwood's quarterly report is included in the meeting packet. Kirkwood
students are producing a newscast and will be covering some of the basketball games. The
Master Gardner program continues taping. Two-minute spots from the National Public Radio
show "Home Front" have been added for cablecast. Fourteen three-minute videos promoting
Kirkwood's Career Academy program for high school students are being produced and will
begin playback in January. Promotional videos featuring different academic programs at
Kirkwood are in the planning phase. Web streaming the Kirkwood channel is being investigated.
PATV REPORT
Goding distributed PATV's quarterly financial report. Goding reported that PATV holds no
stock and invests in T-bills. PATV's Live and Local program has recently or will feature the
following organizations: Flip the Ballot, Iowa Shares, Project Holiday, Friends of the Animal
Center, Career Connections, and the Women's Resource and Action Center. PATV staff
produced programs for the school district's Positive Behavioral Supports program. The program
will first be shown on the school channel and then on PATV. Other staff produced programs
include the American Star of Teaching Award, an ADA Celebration with the Evert Conner
Center, highlights from the chili supper fundraiser, and Access Update. The annual membership
meeting will be November 20 at 7 p.m. Anew board member will be elected and awards
presented. The awards portion will be carried live on PATV.
SENIOR CENTER REPORT
Rogusky reported SCTV will be producing a program with Project Holiday. A program for the
intergenerational series was taped with students from the University of Iowa's Introduction to
Video class. Students pair with seniors and produce a piece in seven days. Jean Lloyd Jones
will be taping an interview with a Mexican woman invited by the Foreign Relations Council to
observe U.S. elections.
LIBRARY CHANNEL REPORT
Fisher reported that the library had 19 live shoots in October. Seven of these were children's
programs, 12 adult. Among the programs were the International Mondays, the International
Writing Program author program, and the Community Reading Month Book Talk Lunch Series.
14 productions are scheduled for November. Some library programs, such as history programs,
are starting to be streamed on YouTube.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
No representative was present. Hardy noted that PATV and Coralville appear to be doing a lot
of the school district's productions. Goding said PATV has been shooting about 3 programs a
month. Hardy said Coralville also appears to be doing about three a month. Mekies asked if it is
known if Lowe or another representative will be attending Commission meetings. Hardy said he
will find out and report at the next meeting. Mekies said is concerned that the school district
doesn't fall back to the situation prior to the improvements made.
CITY MEDIA UNIT REPORT
Hardy reported that a program for a Iowa City Human Rights Commission's event promoting
awareness of the animal care and adoption center's flood recovery efforts. A short program on
the Make a Difference Day river clean up event was recently taped. Short programs snow
plowing roads focusing on salt and sand and an update on construction of fire station 2 have been
taped. The Human Rights Award Breakfast was also taped. Programs from the 2008 Media
Reform Conference are being cablecast. Live election returns will again be carried on channel 5.
The Community Television Service taped a 2°d Congressional District candidate forum and a
candidate forum for the Iowa General Assembly. Two programs for the Iowa City Housing
Authority were taped. Upcoming programs include a volunteer recognition for Iowa City
Hospice and the Historic Preservation Awards. The Community Voice program will be
interviewing Christie Vilsack for a segment in association with the Emma Goldman Center.
With regards to the notice sent to Mediacom on the franchise requirement that two-hour service
repair windows be offered Hardy said he is looking into ways to determine if Mediacom is
meeting that requirement. The City has not responded to the letter Mediacom sent in response
which outlined their position and plans. Hardy said more information needs to be gathered. The
budget is being prepared and is very similar to previous years. Aline item on subscriber's bills
that have telephone service was listed as a franchise fee and should have been a regulatory
recovery fee. Sales tax is also now being applied to phone service. Mekies asked if Mediacom's
channel line-up changes are included on the Cable Division web site. Hardy said he will make
sure the web site is up to date.
'TRIENNIAL REVIEW
Hardy said the goals for the Triennial Review are shifting. The access channels and the shift to
digital transmission will need to be discussed, as will channel changes. There will be questions
that will be directed to Mediacom in the information gathering process. Hardy said the
Commission needs to determine the questions and areas that they wish to explore so a list of
questions can be developed for Mediacom.
COMMUNITY TELEVISION GROUP PROPOSAL
Hardy said Community Television Group (CTG) has not met and the proposal for funds from the
pass-through fund is not ready. It is anticipated that a proposal will be ready for the next
Commission meeting.
ACCESS CHANNELS AND THE DIGITAL TRANSITION
Hardy said that Mediacom contacted the City regarding a proposal to move all or some of the
access channels to digital transmission. Helling, Hardy, Brau, Hoerschelman from the City and
Grassley, Kohler and Larson from Mediacom recently met to explore the proposal. Moving the
access channels to digital would free up a lot of bandwidth for Mediacom. Hoerschelman said
the City needs to evaluate the benefits to the community that could include Mediacom offering
more high-definition channels and the possibility of implementing DOCSIS 3.0, which greatly
expands Internet bandwidth. The access channels could place programs on the video on demand
service and stream them on the Internet. The access channels will move to digital in 2012 in any
case. Hardy said he has not talked with the other access channels. Hardy said a central issue is
how many people will the access channels reach if they were to go to digital transmission.
Hardy said Mediacom claimed that 54% of Iowa City subscribers already get digital service.
There is also an undetermined number of subscribers who have digital televisions who also could
get the access channels. Mediaom said that there could be a program to provide discounted
digital to analog converter boxes so the remaining subscribers could receive the access channels.
Grassley said that converter would cost about $1.99 per month. Grassley said the digital signal
would be unencrypted. Mekies suggested using the Cable Division web site to inform the public
of these issues and gather information. Hardy said the issue needs to be further explored before
the issues are fully flushed out for the community. Mekies said he would like to see a list of pros
and cons and any costs of the proposal. Grassley said Mediacom will cover any costs that would
be involved in making a transition to digital transmission and there would be no impact on the
access channel's budgets.
ADJOURNMENT
Mekies moved and'Kemp seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 7:05 p.m.
Respectfully submitted,
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meeting Date Kimberly
Thrower Saul Meikes Brett Castillo Terry Smith Jim Pusack
6/2/03 x x x x x
7/28/03 x x x x x
8/25/03 x x x x o/c
9/22/03 x x x x o/c
10/27/03 x x x x o/c
11 /24/03 x x o/c x x
12/15/03 o/c o/c x x x
1/2/04 x o/c x x x
1 /26/04 x x x x x
2/23/04 x o/c x o/c x
3/22/04 x x x x x
4/26/04 x x x x O/C
5/24/04 x x O/C x x
6/28/04 x x x o/c x
7/26/04 o/c x x x x
8/26/04 did not meet did not meet did not meet did not meet did not meet
9/27/04 X X X X X
10/25/04 X X
11/04 Did not meet Did not meet Did not meet Did not meet Did not meet
12/20/04 X X X X X
1 /24/05 X X X X X
2/28/05 X X X X
Ga Ha en
3/8/05 X X X X X
3/25/05 X O X X X
4/25/05 x o/c X X X
5/23/05 X o x vacanc X
James
Ehrmann X x Bebe
Balant ne x
6/27/05 X x X X X
x Michael
Chritians
7/25/05 O X X X' X
9/26/05 0 X X 0 X
10/31 /05 X X o/c X X
11/28/05 X X X X X
1 /23/06 o/c X X O X
2.27/06 X X X 0 X
3/27/06 o/c X X John
Weaterson
X X
4/24/06 X X X X X
5/22/06 0 x x/o 0 X
6/26/06 0 X Vacant 0 X
Nick Parker
7/24/06 x x x X
8/24/06 X x M. Wietin olc X
9/25/06 x x x O/c X
10/23/06 x X x o/c X
10/30/06 x x x vacant X
11 /27/09 x x x X
12.18/06 X X X X
Brett
Gordon
1 /22/07 X X X X X
2/26/07 X X X X X
3/26/07 Vacant x o/c x X
4/23/07 Vacant X X X X
Hoerschelma
n
521 /07 X X o/c X x
6/26/07 x x x x X
7/23/07 x x x x X
9/24/07 X X o/c o/c X
10/22/07 x x o/c olc x
11 /26/07 x x x x X
12/18/07 X X o/c X X
1 /28/08 X x o/c x X
3/3/08 X X X X X
3/24/08 Bob Kem
x x o/c X X
4/28/08 X X X X X
6/3/08 X X X X X
6/23/08 X X X X 0/C
7/28/08 X X X X X
8/25/08 X X X o/c X
9/23/08 x x x x X
10.27/08 X X X o/c x
(X)=Present
(O) =Absent
(O/C) = Absent/Called (Excused)