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HomeMy WebLinkAbout2018-04-12 Info Packet = City Council Information Packet tm11r scamainuar April 12, 2018 CITY OF IOWA CITY www.icgov.org IP1 Council Tentative Meeting Schedule April 16 Joint Meeting IP2 Agenda April 17 Work Session IP3 Agenda Miscellaneous IP4 From the City Manager: National League of Cities — City Rights in an Era of Preemption: A State-by-State Analysis, 2018 Update IP5 Copy of article from City Manager Could Higher Productivity Growth Lead to More Affordable Housing? IP6 Letter from MidAmerican Energy: Iowa City Community (Annual) Report 2017 IP7 Copy of article from U.I. Student Liaison Alternate Stewart: The hidden crisis on college campuses IP8 Bar Check— March 2018 IP9 2018 Building Statistics IP10 Civil Service Entrance Examination: Senior Associate Planner—Transportation Copy of article from Mayor: Gov. Reynolds signs so-called `sanctuary cities' bill, which she said was aimed at 'far-left liberals in Des Moines and Iowa City' [Distributed as late handouts 4/16/18.] Draft Minutes IP11 Planning and Zoning Commission: March 12 1 _ i --=_oar, City Council Information Packet April 12, 2018 CITY OF IOWA CITY www.icgov.org IP1 Council Tentative Meeting Schedule April 16 Joint Meeting ,i IP2 Agenda April 17 Work Session IP3 Agenda Mi - ellaneous IP4 From the City Manager: National Le. •ue of ities — City Rights in an Era of Preemption: A State-by-State Analysis, •018 i pdate IP5 Copy of article from City Manager: Could Hi• •er Productivity Growth Lead to More Affordable Housing? IP6 Letter from MidAmerican Energy: Iowa Ci Comm ity (Annual) Report 2017 IP7 Copy of article from U.I. Student Liakon Alternate S wart: The hidden crisis on college campuses IP8 Bar Check — March 2018 IP9 2018 Building Statistics IP10 Civil Service Entrance Examination: Senior Associate Planner— Transportation Draft Minutes IP11 Planning and Zoning Commission: March 12 r � CITY OF IOWA CITY Date Monday, April 16, 2018 City Council Tentative Meeting Schedule Subject to change April 12, 2018 -04-U-I - IN Time Meeting Location 4:00 PM Reception ICCSD 4:30 PM Joint Meeting Education Services Ctr. 1725 N. Dodge Street Tuesday, April 17, 2018 4:00 PM Special Formal Meeting Emma J. Harvat Hall Work Session 7:00 PM Formal Meeting Tuesday, May 1, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 15, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 29, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Special Formal Meeting Tuesday, July 3, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, July 17, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, August 7, 2018 5:00 PM Work Session Emma 1. Harvat Hall 7:00 PM Formal Meeting Tuesday, August 21, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting IP2 AGENDA Joint Meeting Johnson County Board of Supervisors City of Iowa City City of Coralville City of North Liberty City of Tiffin City of Hills Iowa City Community School District Board Clear Creek Amana School District University of Iowa Monday, April 16, 2018 Iowa City Schools Educational Services Center 1725 N. Dodge Street Iowa City, Iowa 52245 4:30 PM (Meeting preceded by 4:00 P.M. Reception) Call to Order A. Welcome and introductions B. Solarized Johnson County (Board of Supervisors) a. Presentation by Becky Soglin, Johnson County Sustainability Coordinator, on a group purchasing program for residential solar. C. Update on FMP (ICCSD) D. Update on attendance area work (ICCSD) E. 1-380 (City of Iowa City) F. Gateway/summer/fall road project update (City of Iowa City) G. Other business H. Schedule next meeting Adjournment 04=T2-Tg— IP3 � r cccccrz CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org Special Formal 4:00 p.m. — separate agenda posted City Council Work Session Agenda Tuesday, April 17, 2018 Emma J. Harvat Hall - City Hall Following 4:00 p.m. Special Formal • Clarification of Agenda Items • Information Packet Discussion [April 5, April 12] Council updates on assigned boards, commissions and committees City Ri From City Manager Fruin is in an Era of Preemption: A State -by -State Analysis M8 Update NLCNATIONAL LEAGUE OF CITIES CENTER FOR CITY SOLUTIONS About the National League of Cities The National League of Cities (NLC) is the nation's leading advocacy organization devoted to strengthening and promoting cities as centers of opportunity leadership and governance. Through its membership and partnerships with state municipal leagues, NLC serves as a resource and advocate for more than 19,000 cities and towns and more than End million Americans. NLC's Center for City Solutions provides research and analysis on key topics and trends important to cities and creative solutions to improve the quality of life in communities. About the Authors Nicole Dupuis is Principal Associate, Urban Innovation, of NLC's Center for City Solutions Trevor Langan is Research Associate of NLC's Center for City Solutions Christiana McFarland is Research Director of NLC's Center for City Solutions Angelina Panettieri is Principal Associate, Technology and Communications, of NLC's Federal Advocacy Department Brooks Rainwater is Senior Executive and Director of NLC's Center for City Solutions Acknowledgements This report is the third project outcome of a research collaborative between NLC and the state municipal leagues. We are grateful for the guidance, data verification and preemption narratives from state municipal leagues. The authors would also like to thank Courtney Bernard and Men St. Jean for editing and Soren Messner -Adel) and JoElla Straley for designing the report. Yang You, NLC Research Intern, contributed to the 2018 update. Methodology This study of state preemption began with collecting preemption data for each policy area from secondary sources (identified on page 3). State municipal leagues then verified the data for their states to ensure timeliness and accuracy. A total of 38 state leagues responded to our requests for comment. This is the second edition of this report. Data are current as of February 2018. Photo credits'. All photos Getty Images 2017. 2018 © National League of Cities ;inn m�,• , Table of Contents 1 From the Director 3 Introduction 6 Minimum Wage 8 Paid Leave 10 Anti -Discrimination 12 Sharing Economy 17 Municipal Broadband 20 Tax and Expenditure Limitations 23 Other Areas of Preemption 24 Recommendations & Conclusion City Rights in an Era of Preemption From the Director State preemption is a threat to /oca/ democracy and city success. 0 ur nation's local elected leaders work tirelessly every day to reflect their city's values and represent community members. These leaders represent the level of government closest to the people they govern, and they focus on the critical issues that matter to the people of this great nation. In this updated 2018 edition of City Rights in an Era of Preemption we are continuing to observe aggressive moves by state legislatures nationwide to usurp local authority. Ultimately, people who live in cities want control over their own destinies. But when states seek blanket policies that run counter to the values of its cities, local leaders do not stand down. State -level politicians are actively working to overturn the will of people in cities—both through preemption and Dillon's Rule provisions. As a result, the work of city leaders and the mandate of the people is undermined. Taking stock of the last year, it is abundantly clear that the overall uptick in preemption laws and the general antagonism toward local control by disconnected state lawmakers must stop. Consistently, state legislators have stricken down laws passed by city leaders in four crucial areas of local governance economics, social policy, health and safety This report focuses specifically on the areas of economic and social policy While we draw distinctions between these two policy areas in our analysis, there is a consistently strong linkage between social and economic policymaking and their ultimate outcomes. In the economic sphere, there has been a concerted effort to impinge on the ability of cities to regulate economic activity taking place in communities. While a range of local Taws have been preempted, this analysis centers on local minimum wage ordinances, the implementation of municipal broadband and the regulation of sharing economy activity in the ride -hailing and home - sharing space. When it comes to social policy, aggressive state action has limited the ability of city leaders to expand rights and provide opportunities to community members. Recently, we have observed states curtailing the ability of cities to pass laws supporting inclusive, family -friendly communities— particularly as it pertains to the areas of LGPTQ rights and paid leave laws. In some cases, state preemption does not mean progress is lost and can even lead to improved policy statewide. However, preemption that prevents cities from expanding rights, building stronger economies and promoting innovation can be counterproductive and even dangerous. When decision-making is divorced from the core wants and needs of community members, it creates a perilous environment. At the National League of Cities, we are actively seeking to counter the rising tide of preemption with a focus on education, research, and policy development. Local control and city rights are priority number one. We know well that innovation happens in cities and then percolates upwards. This process should be celebrated, not stymied. BROOKS RAINWATER Senior Executive and Director of NLC's Center for City Solutions Local control and city rights are priority number one. City Rights in an Era of Preemption Introduction What is preemption? Preemption is the use of state law to nullify a municipal ordinance or authority. State preemption can span many policy areas including environmental regulation, firearm use and labor laws. States can preempt cities from legislating on particular issues either by statutory or constitutional law. In some cases, court rulings have forced cities to roll back ordinances already in place. Preemption on the rise State legislatures have gotten more aggressive in their use of preemption in recent years. Explanations for this increase include lobbying efforts by special interests, spatial sorting of political preferences between urban and rural areas, and single party dominance in most state governments' This last point is particularly important. As preemption efforts often concern a politically divisive issue, they rely on single party dominance to pass through state legislatures. As of the 2017 election cycle, Republicans have twenty-six government trifectas, meaning they control both legislative chambers and the governor's office. Democrats have trifectas in eight states, but control a larger portion of city halls. Several states where there has been single - party control over the last decade, including Georgia, Michigan, North Carolina, Ohio and Wisconsin, have seen increases in preemption. Loss of local control Proponents of preemption argue that it equalizes laws across the state, preventing individuals and firms from navigating a patchwork of regulation. Preemption creates a problem, though, because 3 it means a loss of local control for cities. This loss of local control means that cities cannot curtail laws to fit their needs, creating economic implications, especially when fiscal authority is limited. Preemption can also have human rights implications when social policy affects groups like the LGBTQ community or working mothers. Therefore, when cities and state leagues are up against a bill with preemptive language, they will almost always oppose it. Recent preemption has pitted rural- and suburban -dominated state legislatures against cities with large populations of low wage earners and ethnic minorities. In these cases, the argument for preemption has focused on the role of government and cities' place within it. Overview of Findings Our state -by -state analysis of preemption focused on the following seven policy areas. minimum wage2, paid leave3, anti -discrimination°, ride sharings, home sharing6, municipal broadband' and tax and expenditure limitations 8 Policy # of States with Preemption Minimum Wage 2$ Paid Leave 23 Anti -Discrimination 3 Ride Sharing 41 Home Sharing 5 Municipal Broadband 20 Tax and Expenditure Limitations 42 Where Does Preemption Limit Local Control? Preemption is the use of state law to nullify a municipal ordinance or authority. State preemption can span virtually all policy areas. ------------------------------------------------------------------------------------------------------------------ ••••••..... ••••••.... ••••-• $ Minimum wage tln. Anti -discrimination Ride sharing ® Tax and Expenditure Paid leave Home sharing Municipal broadband Limitations (TECs) C O '.. .' z NC CT i VT F ly r - •- G`. �.:•-..:.., c 57 •. ........................................ 00 ... . ... ............. .......... ........Q:� , O ................ :....:.......: : o• <t s p. r T I Milk 2b QI Q) City Rights in an Era of Preemption Dillon's Rule vs. Home Rule The U S Constitution does not mention local governments. Instead, the 101' Amendment reserves authority -giving powers to the states. Therefore, there is a great deal of diversity in state -local relations between, as well as within, states. Generally speaking, however, states provide either narrow (Dillon's Rule) or broad (Home Rule) governing authority to cities, defined in the state constitution and/or by statute enacted by the legislature9 Dillon's Rule, which is derived from an 1868 court ruling, states that if there is a reasonable doubt whether a power has been conferred to a local government, then the power has not been conferred 10 Dillon's Rule allows a state legislature to control local government structure, methods of financing its activities, its procedures, and the authority to make and implement policy. Due to the rigidity of this system, however, some states began to adopt "Home Rule" provisions in the early 1900s. Home Rule limits the degree of state interference in local affairs and delegates power from the state to local governments. That power is limited to specific fields, and subject to constant judicial interpretation. The distinction between Dillon's Rule and Home Rule is important but often overlooked in discussions of preemption. Cities in Dillon's Rule states are broadly preempted in many of the areas discussed in this report. However, there are many instances of larger cities in Dillon's Rule states that are granted Home Rule authorities, like New York and Baltimore. In other instances, regardless of Home Rule status, state law supersedes local governing authority, particularly when the state wants to establish a minimum threshold (i e, minimum wage, anti discrimination) to which locals must abide. 5 Preemption Goes by Many Names The following are terms often used in state legislation in order to preempt municipal authority: `Any order or ordinance by any political subdivision shall be consistent with and not more restrictive than state law.." "Local governments may not impose regulations that exceed..." "The department has exclusive regulatory authority.." "7t is the intent of the legislature to occupy the field..." "This part preempts the laws of any local government..." "Local laws and ordinances that are more restrictive shall not be enacted.." "The state shall have sole authority to control and regulate..." "Regulation is a matter of statewide concern..." "...and no more stringent than a state statute..." "This act shall supersede any other statute or municipal ordinance..." "For the purposes of equitable and uniform regulation and implementation..." Source. Public Health Law Center, "Preemption by Any Other Name," 2010 Minimum Wage 2016 was the year of the minimum wage increase. It was also the year of minimum wage preemption. With rising levels of scrutiny over whether the current minimum wage is a "living wage;' activists successfully persuaded elected officials in some states and cities to reconsider wage Taws. Movements to increase wages to $1010 per hour, or even $15 in some places, spread throughout city councils and ballot boxes. However, not all cities were able to give their residents a pay raise due to state preemption. And, in a number of states, legislatures made sure even more cities could not regulate wages by passing new preemption Taws. Local governments can be preempted from passing minimum wage ordinances in a number of ways, including their state constitutions, their Preemption By State States with minimum wage preemption particular charters, or specific statutes passed by the legislature. Those in favor of state preemption can also take cases to the courts. In 2015, for example, business interests attempted to overturn minimum wage ordinances on procedural grounds in Missouri and Kentucky" Local Impact Before state preemption in 2017, five of Iowa's 99 counties raised minimum wages above the state level. In Johnson County, for example, wages were set at a minimum of $1010 per hour, except for those municipalities that vote to opt out. Because of the variation within and among the state's counties, Iowa's governor backed, and ultimately passed, preemption. Wages in those cities and counties above the state level were reduced 15 Twenty-eight states currently have some kind of preemption of minimum wage ordinances. Many of these states, such as New Hampshire and Colorado, have had long-standing preemption because authority to regulate wages was never granted to cities. Moreover, a growing number of state legislatures have considered explicit statutory preemption. Alabama, Ohio, and North Carolina are three states that took action in 2016. Alabama's bill bore a striking resemblance to the "The Living Wage Mandate Preemption Act;' a piece of model legislation posted on the website of the American Legislative Exchange Council (ALEC)12 2 Minimum Wage Efforts Under Fire in Kentucky In 2014, Louisville, Kentucky, passed an ordinance that would have gradually raised the minimum wage to $9 per hour by July 2017. However, in 2016, the Kentucky Supreme Court struck down Louisville's minimum wage ordinance, ruling that the city does not have the authority to set a minimum wage above the level set by the state.13 The ruling also invalidated an ordinance from the city of Lexington that would have raised its minimum wage to $10.10 by 2018. In a 6-1 decision, the majority opinion stated that, while cities like Louisville and Lexington have broad authority under home rule, the sovereignty of the state is supreme in the area of minimum wage, where state law already exists.14The court wrote that the state's minimum wage statute contains no room for local legislation and is not simply a wage floor to be exceeded by cities. In Missouri, minimum wage increases in St. Louis and Kansas City ran into legal trouble before they could be implemented 16 Courts blocked an ordinance in St. Louis and a ballot initiative in Kansas City on the grounds that state minimum wage law preempts cities from enacting their own. However, the Supreme Court ultimately ruled that the Kansas City vote must go forward before judges can decide if a wage increase is lawful. Given the cost of a referendum and the likelihood of the decision being overturned, local officials decided not to pursue the vote. 7 Paid Leave Paid leave, which includes sick, family and medical leave, is a growing area of action for a number of cities. Paid sick leave laws specifically refer to the federal, state or local government mandating that employers provide sick time for employees that is paid either directly by the employer or through a social welfare benefit administered by the government. Paid family and medical leave refers to the government providing monetary support to people caring for newborn children or aging parents, or addressing serious health issues. These types of laws typically provide anywhere from a percentage of full pay to 100 percent of a worker's salary for set periods of time ranging from a few weeks to a year or more. Preemption By State States with paid leave preemption r 1 Local Impact When states preempt cities' authority to pass paid sick and family and medical leave laws, they are not only limiting local control, but also undermining the overall health and well- being of employees. In a 2008 study, public health researchers found that 68 percent of those without paid sick leave went to work with a contagious illness 23 With more sick people at work, there is a greater likelihood of others becoming ill, thereby reducing overall productivity and wellbeing. In addition to health impacts, access to paid leave positively affects local fiscal and economic conditions. For example, Mayor Bill de Blasio attributes the strength of New York's local Twenty-three state legislatures have passed laws that preempt the ability of cities to pass laws mandating employers within their jurisdictions provide paid leave. a A Brief History of Paid Leave In the United States, the federal government does not provide paid family and medical leave at the national level. In the global context, most countries provide paid family and medical leave, including all countries in the Organisation for Economic Co- operation and Development (OECD), making the United States an extreme outlier." While a 1993 law, the Family Medical Leave Act, provides new parents with a guaranteed 12 weeks off after the birth of a child, it provides no remuneration, and is therefore only an option for those that can afford unpaid time off. Additionally, only 12 percent of private sector employers provide paid family and medical leave to their employees, thereby leaving a great deal of families with few options upon the birth of children or to care for aging parents.18 The lack of national and state -level action to provide paid family and medical leave has spurred forward momentum in many cities to pass such Iaws.19 New York is one of five states that has acted, providing all employees in the state with paid family and medical leave. In some instances, statewide paid sick leave laws allow cities to provide levels of support for employees that exceed the state's minimum requirements. San Diego and San Francisco are among several California cities that have passed paid sick leave laws that go above and beyond state minimums 20 economy, in part, to the recent expansion of paid family and medical leave laws. Approximately 3 million public and private employees are now protected, 1.2 million of whom were previously subject to the loss of ]ohs and pay in the event of serious illness24 There has been a groundswell of local momentum for paid sick leave. In just the past couple of years, more than 20 municipalities have passed paid sick leave laws 21 State attempts, however, to usurp local control over paid sick and family and medical leave policies persist. New methods of preemption are also beginning to crop up. For example, in the absence of a state law that explicitly prohibits local paid sick leave, Arizona has threatened to withhold revenues from the City of Tempe in order to deter the possible adoption of paid sick leave measures 22 Anti -Discrimination Given the vast political differences between some cities and their state governments, cities have moved to cement social progress and protect the rights of marginalized groups through anti- discrimination ordinances. Also called non- discrimination ordinances, these laws may deal with discrimination surrounding employment, use of public facilities and commercial activities. Anti- discrimination ordinances add characteristics such as marital status, sexual orientation and gender identity to the list of identifiers protected in existing ordinances, often going beyond existing state-wide protections. At least 225 local governments prohibit employment discrimination on the basis of gender identity28 However, in 2011, Tennessee became the first state to prohibit local Preemption By State States with anti -discrimination preemption laws governments from extending protections exceeding those recognized by state law. This legislation, called the Equal Access to Intrastate Commerce Act, defined "sex" as the designation indicated on an individual's birth certificate. Following Tennessee, two states, Arkansas in 2015 and North Carolina in 2016, passed explicit statutory preemption in this area. Cities in other states may be preempted because they lack authority to regulate workplace or public accommodations discrimination due to Dillon's Rule laws. Local Impact While many preemption bills do not explicitly mention religion, they are often introduced alongside religious exemption laws. These Three states have passed explicit statutory preemption of local anti -discrimination ordinances. 10 North Carolina Bathroom Bill in National Spotlight In March of 2016, North Carolina's legislature passed N.C. House Bill 2 (HB2), which would go on to generate controversy. Also referred to as the Public Facilities Privacy and Security Act or the "Charlotte bathroom bill," the law stripped local authority on a number of issues including regulating access of public facilities 2' H132 was passed in direct response to a non- discrimination ordinance passed by Charlotte City Council in February, which prohibited sex discrimination in public facilities. Passed during a one -day specially convened session, H132 made the workplace and public accommodation discrimination ordinances of more than a dozen North Carolina cities illega126 H132 also included language eliminating local authority to increase the minimum wage. This provision was an olive branch to business interests, which were poised to bear the brunt of economic backlash and boycotts against the state. While no North Carolina municipality had set different wages than the state, many businesses supported the preemption of such authority and, therefore, H132. This support was necessary as business interests in other states have effectively stopped similar anti -discrimination laws from being passed or signed. "religious freedom" bills allow businesses and individuals to exempt themselves from general legal requirements based on religious grounds These laws often preempt local governments from regulating in this area. In some places where religious freedom bills have been passed, city ordinances stand in opposition to these state -imposed limitations. As creatures of the state, there is little that cities can do to counteract state action. However, a 1996 Supreme Court ruling in Romer v. Evans could be a beacon for cities. In a 6-3 decision, the court struck down 11 North Carolina faced strong pushback immediately after enacting H132. Plans for major events and new jobs in the state were cancelled, totaling near $400 million in lost investments 27 An attempt was made to repeal the law during a special legislative session in December. A deal had been struck between the state legislature and the city council, where the city would strike the ordinance and the state would repeal H132. However, after the city council repealed the full ordinance, the state legislature kept H132 intact. a state constitutional amendment that prohibited localities from designating "homosexual, lesbian or bisexual orientation" as a protected class 29 The majority found that the amendment violated the equal protection clause of the U S Constitution because it was based on bias toward a group of individuals and not related to a legitimate government interest. If cities can argue the goal of the preemption is to harm people or treat groups differently, there may be a violation of equal protection or substantive due process, according to Romer. Sharing Economy The sharing economy, also commonly referred to as collaborative consumption, encompasses peer-to-peer transactions in which providers and consumers share resources and services from housing to vehicles and more. The two areas of the sharing economy examined here are ride hailing platforms (e g Uber and Lyft) and short-term rental or home sharing platforms (e g HomeAway and Airbnb) This examination considers whether any legislation, regardless of whether it limits or embraces the operation of these platform -based companies, was passed by the state legislature in each state. Ride Sharing Ride sharing, also referred to as ride hailing, is typically recognized as a one-time transaction in Preemption By State States with ride sharing preemption which someone who needs a ride is matched with a nearby driver and is shuttled to a destination. This service is distinguished from traditional for -hire transportation service by the fact that ride hailing vehicles are personal vehicles. The majority of drivers are generally non-professionals that provide rides on a part-time basis, although there are a portion of drivers that do in fact drive full time. When ride hailing companies began to proliferate throughout the country, they were initially found, for the most part, in large metropolitan areas. This is no longer the case. Companies like Uber and Lyft, often legally referred to as transportation network companies (TNCs), have entered metropolitan markets of all sizes around the world, and serve populations with different needs, cultural inclinations and political orientations. Forty-one state legislatures have passed bills that preempt /.- the authority of cities to regulate transportation network companies in the way they see fit. Over the last couple of years, legislation was proposed on TNCs in almost every state legislature in the country Most cities with a presence of TNCs experienced some sort of regulatory action and/or other intervention from state -level policymakerS.'c 12 City Rights in an Era of Preemption State -level Action on Ride Sharing State actors have always played a prominent role in regulating transportation, and thus have continued to exercise their policy making authority to regulate TNCs. However, transportation policy—particularly regarding for -hire vehicles—has always been a local issue, as cities are the backbone of the transportation system, and related laws are enforced by local officials. State -level interventions on this issue range from legislation proposed or passed in state legislatures to regulatory rulings and state legal action. In some cases, state interventions reflect positive sentiment for sharing economy platforms. For instance, Colorado was the first state to pass legislation authorizing ride hailing statewide. While the taxi industry opposed the legislation, Governor John Hickenlooper celebrated it as an affirmative move toward innovation for the state. The bill requires TNCs to have insurance policies that cover the rider and driver, and to conduct background checks on all potential drivers. Even though the new law took power from cities to legislate on this issue, it was seen as a pro -innovation move for the state. In California, the state's Public Utility Commission (PUC) also approved a regulatory framework under which TNCs could operate legally throughout the state. The result is that taxi services continue to be regulated by cities and counties, while ride hailing services are regulated at the state level, similar to limousines and charter buses. This has created a rift between the TNC and taxi industry, the latter of which feels that they are forced to deal with more onerous regulation. In other cases, state intervention has prohibited sharing economy companies from operating legally31 In Virginia, the state's Department of Motor Vehicles issued a cease-and-desist letter to both Uber and Lyft, causing them to halt 13 TNCs in Virginia When the Virginia state legislature passed a bill regulating the operation of TNCs in Virginia in 2015, cities were effectively prohibited from passing their own regulations. Prior to that, taxi -cab companies in the state of Virginia were regulated at the local level. TNCs changed the regulatory landscape by preempting the authority to regulate similar services from the local level and moving it to the state level. The introduction of TNC services in VA prompted some concern from local level administrators, specifically, local law enforcement agencies and airport authorities who wanted information about where these TNCs would be operating. The new law required TNCs and any TNC affiliated company to register with the state, pay an annual fee, as well as an additional renewal fee. As a result, the registration requirement shared TNC information with local officials. The current legislative session saw a new bill introduced that will eradicate the requirement that TNCs register with the state. The likely passage of this bill will result in less information being channeled to local authorities about these mobility platforms. operations in Commonwealth of Virginia. Since July of 2015, there has been state -level regulation in place that set forth a framework for how TNCs can operate in Virginia. Local Impact Transportation and the way it is regulated is wedded to factors like geography, demographics and local economic activity. Furthermore, local government officials are closest to citizens, and thus most conscious of their priorities and values. Cities need the opportunity to assess their transportation needs and make policy decisions that best serve their residents. While "The state has always, through the Public Utilities Commission, regulated taxis, and TNCs have always been seen as an adjunct to taxis. Cities weren't necessarily trying to get involved or have a bigger stake in that initial policy discussion. It was seen as a sort of pro-innovation move that set up minimal requirements to protect the public safety. That was welcomed:' // MARK RADTKE, COLORADO MUNICIPAL LEAGUE City Rights in an Era of Preemption embracing innovative technologies and platforms such as TNCs can reflect positive, pro -innovation sentiment and offer more mobility options to individuals, state level policies tend to overlook local nuances. Most importantly, they limit cities' ability to regulate ride hailing in ways that make the most sense for a particular community. Home Sharing Home sharing, also commonly referred to as short-term rentals, is recognized as an organized agreement between two parties, in which one party rents out all or part of his or her home to another party on a temporary, one-time basis through a third party platform (e g Airbnb and HomeAway). While the insurgence of TNCs was much more sudden, and caught many cities off -guard, home sharing is something that has been taking place in many communities in slightly altered forms for decades. Companies such as Vacation Rental by Preemption By State States with home sharing preemption U is A Owner (VRBO) have existed for quite some time, and although the user interface has changed to a digital platform, the actual service is quite similar. For example, in the state of Colorado, seasonal and vacation properties have historically played a significant role in the economy. However, in recognizing the place -based nuance and contextual nature of this issue, the state leaves the regulation of short-term rentals to its cities. The city of Denver was among the first in the nation to roll out a short-term rental portal, making it much easier for city residents to comply with the local regulation 32 State -level Action on Home Sharing In October of 2016, the state of New York passed a law making it illegal to list short-term rentals on Airbnb and other platforms. The state already had an existing law in place that prohibits individuals from renting out units for a time period of less than 30 days. The new law took an extra measure Five states have preempted city authority over home sharing. The low number is likely due to the local nature of neighborhood zoning laws. to prohibit any advertising of such illegal rentals, essentially blocking the platforms that individuals might use to do so" While this action makes it difficult for individuals throughout the state of New York to use short-term rental platforms as a way to generate revenue, it was especially impactful in large metropolitan areas such as New York City, where the short-term rental market has become quite substantial. Airbnb struck back with a lawsuit hours after the bill was signed into IaW34 Conversely, a law that went into effect on January 1, 2017 in Arizona severely limits local control in a very different way. The new law ends cities' ability to restrict or ban short-term rental platforms, essentially making them legal everywhere with some limited regulatory authority. It also requires the platforms to collect taxes, which are then turned over to the state35 Local Impact Restricting the role of cities in regulating short- term rentals is ultimately detrimental to residents. Whether laws passed by the state are prohibitive like New York's or enabling like Arizona's, they fail to acknowledge the reality that city leaders know best what their residents' desire and what their neighborhoods can accommodate. Statewide home sharing laws also may potentially hamper local tax collection in some instances, essentially eliminating or circumventing any tax revenue that could potentially benefit the city. While Arizona's law positions the state to embrace the sharing economy, it also positions the state government to reap the benefits of commercial transactions that take place at the local level. While embracing innovation is laudable, city governments deserve to shape the zoning laws and regulation that impacts their neighborhoods and the people who live in them. 16 City Rights in an Era of Preemption Municipal Broadband Municipal broadband is high-speed internet service provided to consumers by either a public entity, such as a local government or public utility, or a public-private partnership, rather than a private telecommunications provider. These networks may be wired fiber networks or wireless services, and may exist in dense cities or rural towns. At least 492 municipal networks are currently operating across the United States 36 Communities may establish municipal broadband networks for a variety of reasons. Access to broadband can increase residential property values, increase commercial business activity and spur viable employment options in isolated communities. Broadband, whether publicly or privately provided, opens doors to education, healthcare, recreation and business growth 37 Preemption By State States with municipal broadband preemption to " &Oman LWIj* The reason most commonly cited for establishing a municipal broadband service, particularly by smaller communities, is that the community in question is unserved or underserved by incumbent providers 38 Buildout of a fiber network is expensive, and may not make sense for an incumbent provider who can only acquire a limited number of subscribers in a sparsely - populated or geographically isolated area of new buildout. Other communities may find that, after having built a fiber ring to connect municipal or school buildings, or updating a utility's grid to allow for smart metering, the cost to extend last - mile service from that ring is relatively low and will allow the public provider to offer broadband at a competitive cost to their residents. 10 17 A total of twenty states have preempted their municipalities from establishing a public broadband service. Municipal Broadband Challenges at the Federal Level In recent years, two public providers, the Electric Power Board of Chattanooga, Tenn., and the city of Wilson, N.C., established public broadband service to their electricity customer base. Chattanooga's utility began building out a "smart grid" in 2009, and began offering fiber to its customers in 2010. Tennessee law prohibits the Electric Power Board from offering communications services beyond its existing customer base, and so has been blocked from expanding its offerings to nearby communities. Wilson established a similar network, and ran into similar roadblocks when attempting to offer broadband services to neighboring cities. The two cities petitioned the Federal Communications Commission (FCC) for relief from their state statutes, and on February 16, State -level Action State preemption of municipal broadband generally falls into two categories either explicitly prohibiting a public entity from providing broadband, or having the effect of prohibiting public broadband by placing sufficient barriers before local governments attempt to pursue municipal broadband. Outright prohibitions in state statute may bar local governments from providing any communications services at all (e g Texas Utilities Code, § 54.201 et seq ), or may prohibit municipalities over a certain size from providing telecommunications services (i e Nevada Statutes § 268.086, § 710147) More common are procedural barriers that may take the form of processes such as required ballot initiatives (i e Colorado, Louisiana, Minnesota, and North Carolina), feasibility studies (i e Virginia and Wisconsin), or proof that the local incumbent provider cannot or will not provide broadband to the community in question (i e California, Michigan, Pennsylvania, Montana, Florida). Particularly in smaller communities, these 2015, the FCC preempted the provisions of North Carolina and Tennessee law that blocked expansion of municipal service beyond utility customer boundaries.39 However, both North Carolina and Tennessee sued, and in August 2016, the Sixth Circuit Court of Appeals reversed the FCC's decision, finding that the agency lacked congressional authority to preempt state law.40 procedural barriers may be insurmountable, especially when they necessitate expensive studies or requirements to be self-supporting or immediately profitable. Local Impact The effective impact of state preemption of municipal broadband has varied from state to state. Preemption has resulted in a chilling effect on municipal broadband projects in most preempted states, with barrier -free states hosting a larger number and variety of public networks. In some states, preemption statutes have renewed local efforts to explore municipal broadband as an option for their residents. For example, in Colorado, a 2005 state bill prohibited municipal utilities from offering broadband, with an exemption for those local governments that have gained approval through a ballot referendum. By 2017, 65 municipalities and 28 counties in Colorado had held successful ballot referenda to allow publicly provided broadband. Six public entities in Colorado have launched broadband networks. to City Rights in an Era of Preemption In North Carolina, effects have been more mixed, largely due to political battles fought at both the state and federal levels of government. North Carolina's preemption statute dates to 2011, and triggered a 2015 FCC proceeding that temporarily blocked the state preemption. When the 6t^ Circuit Court overturned that decision in 2016, North Carolina cities not only lost some municipal broadband capabilities, they also lost political capital within the state legislature. The conflict over municipal broadband helped to drive a wedge between North Carolina cities and their state legislators, and the court's decision to overturn the FCC's ruling strengthened the state legislature's position that cities had become too powerful in North Carolina and needed to be reined in - as evidenced by recent preemption legislation on other issues 41 19 Tax and Expenditure Limitations Tax and Expenditure Limitations (TELs) are state or voter -imposed limitations on the ability of local governments to raise revenue, spend taxes or both. TELs began in the 1970s in response to voter dissatisfaction with rapidly increasing inflation, property taxes and cost of government. Washington, Ohio and North Dakota were early adopters of TELs in various forms. It was California's Proposition 13, capping property taxes to one percent of home purchase price, which set the stage for widespread scrutiny and limitations of local taxing structures 42 State -Level Action At the local level, the most common TELs affect property taxes by constraining one or more Fiscal Authority by State elements of the revenue structure, including cap on the property tax rate, limit on the growth in local property assessment, and/or limit on the total levy (revenue) growth from property taxes from year to year. Adjusting one or more of these components has varying impacts on tax revenue. Less (or non-) binding TELs: There are some instances in which limits placed on local governments can be circumvented, these are called "less (or non-) binding" TELs 43 For example, a rate limit alone could be circumvented by raising assessments, or an assessment limit alone could be circumvented by raising the property tax rate. Cities in nine states face less (or non-) binding property tax TELs. No TELs Potentially binding property tax limit Less binding property tax limit Binding property tax limit &general limit A total of 42 states have enacted some sort of tax and expenditure limitation. Nine states have a less binding property tax limit, 26 have a potentially binding property tax limit, and seven have a binding property tax limit & a general limit. R City Rights in an Era of Preemption Potentially binding TELs: Potentially binding TELS are those in which there is either a property tax levy limit or some combination of rate and assessment limits together that negate the ability of cities to circumvent the limits. Although constraining, these TELS are identified as "potentially" binding because they are often statutory limits set so high that it is unlikely a city would come close to being limited by them. Cities in 26 states face potentially binding property tax TELS. Binding TELs: Similar to potentially binding TELS, binding TELS involve a levy limit, or an assessment and rate limit together. However, unlike potentially binding TELS, binding TELS create a very narrow base and rate of growth for property taxes, like California's Proposition 13 Cities in seven states face binding property tax TELS. Cities in only eight states are not subject to TELS Local Impact Although the types of TELS described here capture much of what cities experience in terms of property tax limitations, there are nuances in some states that create additional limitations, as well as opportunities to bypass limits. For example, although Tennessee does not have traditional restrictions on local property tax rates or assessments, taxation law requires that the property tax rate be reset after a reappraisal to raise the same amount of revenue as the prior year. A council majority vote can circumvent this limitation. In Louisiana, although property tax revenue cannot exceed the amount collected in a prior year, the cities of New Orleans and Shreveport have established special purpose taxing districts that generate revenues exempt from TELS to pay for city bond, infrastructure maintenance, additional police and fire services, and downtown developments 44 Given TEL exemptions for special purposes or voter overrides, it is possible for 21 property tax revenue in a city to exceed the levy ceiling imposed by TELS. Despite these work -grounds, TELS still impact fiscal policy decisions and pose challenges, particularly for property tax dependent cities. For example, in South Carolina, Act 388 (2006) caps the amount of property taxes that can be raised from year to year. A city may exceed the cap under one or more of seven exceptions (i e, if a city needed to exceed the cap to make up a prior year deficit) In cases where exceptions do not apply, the TEL has a large impact on city revenues because of cities' high reliance on the property tax. To help offset the cap, cities often adjust fiscal policy by increasing the amount or rate of the other fees and taxes available to them. A recent study of cities across the country found that the most common fiscal policy action taken when a city approaches the ceiling of property taxes set by state -imposed TELS is to increase sales taxes 45 Lessons from Colorado Colorado's Taxpayer Bill of Rights (TABOR) is an amendment (Article X, Section 20) designed to limit the size of government that was added to the state constitution by voters in 1992. The most widely known provision is the requirement that any tax increase or debt question be approved by voters. The implications of TABOR for local governments, however, are much more wide-ranging. It imposes annual limits on both government revenue and spending. Each year, municipalities may only retain tax and fee revenues (federal funds are exempt) equal to the previous year's revenue plus the percentage of the consumer price index (CPI) combined with the percentage of net new construction of real property improvements. For example, if the CPI rose one percent and net new construction increased two percent, current year municipal revenues could increase three percent over the previous year. Any revenue collected over that amount must be refunded to taxpayers. If revenues decrease—as they did for some municipalities in the recent recession—the following year the formula is applied to that lower revenue figure, leading to lower revenues not only in the recession year, but for many years to come. This is known as the ratchet - down effect. There is an escape hatch, however, as voters may override the revenue limits on a temporary or permanent basis. Municipalities have been very successful when asking for over -rides, with an 86 percent approval rate. Fee-based enterprise funds, such as a water utility, that receive less than 10 percent of their budgets from tax money are exempt from TABOR requirements. Municipal budgets must include a 3 percent emergency reserve fund. Sales and property taxes are the primary revenue sources for Colorado municipalities, and they are prohibited from collecting an income tax or adopting a real estate transfer tax. The state is barred from collecting a property tax. Source. Colorado Municipal League, 2017 22 City Rights in an Era of Preemption Other Areas of Preemption Preemption provisions can be and have been added to a multitude of different state policies. The following are a sampling of popular ones enacted. Plastic bags As local governments are leading the effort to limit plastic waste, state legislatures are working to preempt local ordinances banning or taxing single -use plastic bags and containers. At least five states (Arizona, Idaho, Michigan, Missouri and Wisconsin) have barred local governments from regulating plastic bags in the past two years 4 Guns/firearm safety Cities are increasingly losing their power to regulate guns and firearm safety. According to the Law Center to Prevent Gun Violence, only seven states give their local governments broad authority to regulate firearms and ammunition" These states also rank among those with the lowest gun death rates. In the remaining 43 states, local firearm and ammunition regulation that is more stringent than existing state law is preempted in one way or another. Nutrition While states and localities are preempted from regulating menu labels by the federal government, states have extended preemption of nutrition -based laws even more. Nine states have laws that preempt localities from a wide range of nutrition -based regulations, from portion sizes to nutritional labeling to promotional games and toys48 23 Inclusionary zoning & rent control Inclusionary zoning is the term given to local planning ordinances that require a given share of new construction to be affordable by people with low to moderate incomes. Hundreds of local governments have implemented such policies 49 Until 2016, Oregon and Texas were the two states that did not allow inclusionary zoning. Oregon has since lifted its preemption of inclusionary zoning and Kansas has now enacted its own. In two states (Colorado and Wisconsin), inclusionary zoning ordinances have been invalidated as conflicting with the state's prohibition on rent control 50 Rent control refers to the limits on the rent that landlords may charge. Cities set these price ceilings in an effort to maintain affordable housing. However, cities in 26 states are preempted from imposing rent controls, according to The National Multifamily Housing Council 5 Recommendations & Conclusion Our analysis finds extensive variation in the number of preemptions and the application of these laws across states. Only two states, Connecticut and Vermont, do not preempt their cities in any of the seven policy areas we examined. In addition to the caveats we detail throughout the report, the broader political environment also affects the opportunities and challenges cities and their advocates face when dealing with preemption. We asked several state leagues for recommendations for their peers, and they pointed to the need to choose their battles wisely and to help change the pro -preemption narrative within their state. Choose Preemption Battles Wisely Preemption can arise for political or policy reasons or a combination of the two. In most cases, cities and their advocates want to avoid legislation or proposals that limit city authority. Conversations with state municipal leagues suggest that there may be cases where preemption is either unavoidable or can have an overall positive affect, like streamlined regulations across the state to encourage business development. The key in these cases is active communication between state legislators and city officials to minimize any negative effects of the preemption and to steer the legislation in the best way possible. State municipal leagues also noted the need to carefully consider how and when they use their limited political capital with their state when confronting preemption and other challenges on multiple fronts "Choosing your battles wisely" was a common refrain. Address the Preemption Narrative The rise of preemptive legislation suggests that state governments are concerned about increased local autonomy and the patchwork of regulations that may exist within the state. As a result, a pro -preemption narrative is emerging in an attempt to put cities in their place. State leagues can take an active role in combating this narrative. For example, the North Carolina League of Municipalities is reshaping the narrative away from "cities are out of control' to "cities help the state" The league takes the approach of avoiding politics in favor of an economic argument. They frame preemption as obstructing cities from being the best drivers of development that they can be. State preemption limits the ability of cities to address critical local issues and to uphold the values of those living in their communities. Our call for local control is intended to give cities the ability to adapt and to have the tools they need to build stronger economies, promote innovation and move their states - and ultimately the country - forward. 24 City Rights in an Era of Preemption Endnotes 1 Warren, Emily, "When States Interfere with City -Level Innovation. Preemption and Implications for Cities," 21st Century Cities Initiative, Johns Hopkins University, December, 2016 2 Covert, Bryce, "The Conservative Backlash Against Minimum Wage and Paid Sick Leave Victories Sweeping the Nation," ThinkProgress, June 16, 2016, https//thinkprogress.org/the- conservative-backlash-aga i nst-m i ni m um -wage -and -pa i d- sick-leave-victories-sweeping-the-nation-6lf26429300a#. igy7umenw 3 "Preemption Map," Grassroots Change, httpl// grassrootschange net/p reem pti on -m ap/#/catego ry/pa id -sic k - days 4 Platt, Elizabeth R., "States Attempting to Preempt LGBT- Friendly Municipalities,' Columbia Law School, httpl//blogs. law colum b i a.ed u/p ub I icrig htspri vateconsc i ence/2016/02/11/ states -attempting -to -p reem pt -I g bt-fri end Iy-m u n ici pa I i ties/. 5 "Map of State -Level Ridesharing Laws,' R Street, June 1, 2016, httpl//www. rstreetorg/tnc-map/. 6 Bennett, Jared and Reity O'Brien, 'A State -by -State Guide to Short-term Rental Legislation," The Center for Public Integrity, July 15, 2015, httpsl//www publicintegrity org/2015/07/15/17656/state-state-guide-short-term-rental- Iegislation 7 Bailer, James, "State Restrictions on Community Broadband Services or Other Public Communications Initiatives" The Baller Herbst Law Group, August 10, 2016, httpl//www. caller com/wp-content/uploads/BallerHerbstStateBarriers8-10-16. pdf 8 Hoene, Christopher W. and Christiana K. McFarland, "Cities and State Fiscal Structure," National League of Cities, 2015, httpl//www.nlc.o rg/resource/cities-and -state-fiscal- structure-2015 9 National League of Cities, "Local Government Authority," http I//www n I c.org/I oca I -govern ment-authority 10 Clinton v Cedar Rapids and the Missouri River Railroad, 24 Iowa 455 (1868) 11 Avlin-Nadler, Max, "Preemption Bills. A New Conservative Tool to Block Minimum Wage Increases," New Republic, February 29, 2016, httpsl//newrepublic.com/article/130783/ p reem pti on -b i l l s -new -conservative -too I -b I ock-m i n i m u m - wage -increases. 12 "Living Wage Mandate Preemption Act,' American Legislative Exchange Council, January 28, 2013, httpsl//www. alec.org/model-policy/living-wage-mandate-preemption-act/. 13 Bultman, Matthew, "Ke High Court Strikes Louisville Minimum Wage Ordinance,' Law360, October 21, 2016, httpsl// www.law360.com/articles/854013/ky-high-court-stri kes- Iouisville-minimum-wage-ordinance. 14 Barton, Ryland, "Kentucky Supreme Court Strikes Down Louisville Minimum Wage Ordinance,' WFPL October 20, 2016, httpl//wfplorg/kentucky-supreme-court-strikes-down- Iouisville-minimum-wage-ordinance/. 15 Petroski, William, "Branstad to Explore Statewide Minimum Wage Hike,' Des Moines Register, October 24, 2016, httpl// www.desmoinesregistercom/story/news/2016/10/24/ b ra nstad-backs-statewide-m i ni m u m -wage -hi ke/92673274/. 16 "Missouri Supreme Court Orders Kansas City Vote on Wage Hike," Associated Press, January 17, 2017, http//wwwstltoday com/business/local/missouri-supreme-court-orders-kansas- city-vote-on-wage-hike/article_5a7baelb-d39e-539e-ac0e- la4lcclbC00ehtml. 17 Livingston, Gretchen, 'Among 41 Nations, US is the Outlier 25 when it Comes to Paid Parental Leave,' Pew Research Center, September 26, 2016, httpl//www. pewresearch.org/fact- tank/2016/09/26/u-s-lacks-mandated-paid-parental-leave/. 18 "DOL Factsheet Paid Family and Medical Leave,' U.S. Department of Labor, June, 2015, httpsl//www.dol.gov/wb/ paidleave/PDF/Pai d Leave. pdf 19 "State Paid Family Leave Insurance Laws,' National Partnership for Women and Families, April, 2016, http//www national partnership org/research-1i bra ry/work-family/pa i d- leave/state-paid-family-1 eave-1 aws. pdf. 20 "Overview of San Diego's Paid Sick Time Campaign,' A Better Balance, httpl//archives. abetterbalance.org/ com ponent/content/a rti cle/48-sick-1 eave/321-sa n -di ego- california. 21 Perretta, Seth, "Benefits Briefing. Paid Leave Laws & Challenges for Employers," American Benefits Council, April 14, 2016, http//www.americanbenefitscouncil.org/pub/ d62851fd-b3d0-dfle-fa5a-b7cceffO8771. 22 Bennett, Macaela J., 'Arizona Sued Over Ban on Cities Mandating Paid Sick Leave,' Arizona Republic, July 28, 2016, http//www.azcentral com/story/news/politics/ arizona/2016/07/28/arizona -sued -over-ban-cities-ma ndating- paid-sick-leave/87391478/ 23 Baker -White, Andy, "Calling in Sick. Analyzing the Legal, Political and Social Feasibility of Paid Sick Leave Ordinances,' The Network for Public Health Law, httpsl//www. networkforphl.org/_asset/2mxh14/paid_sick_leave. pdf 24 "Two Years After Mayor de Blasio Expands Paid Sick Leave to One Million New Yorkers, City's Economy Stronger Than Ever,' City of New York, April 1, 2016, http//wwwlnyc.gov/ office-of-the-mayor/news/318-16/two-years-after-mayor-de- blasio-expands-paid-sick-(eave-one-mil lion-new-yorkers-city- s-economy. 25 Session Law 2016-3, House Bill 2 (N.C. 2016), httpl//www. ncleg.net/sessions/2015e2/bills/house/pdf/h2v4.pdf 26 Gordon, Michael, Mark S. Price and Katie Peralta, "Understanding HB2. North Carolina's newest law solidifies state's role in defining discrimination," Charlotte Observer, March 26, 2016, httpl//www.charlotteobservercom/news/ pol i tic s -govern ment/a Tic e68401147htm 1. 27 Ellis, Emma G., "Guess How Much that Anti-LGBTO Law is Costing North Carolina,' Wired, September 18, 2016, https// wwwwi red.com/2016/09/guess-much-anti-I gbtq-1 aw-costi ng - north -caroling/. 28 "Cities and Counties with Non -Discrimination Ordinances that Include Gender Identity,' Human Rights Campaign, January 28, 2016, httpl//wwwhrc.org/resources/cities-and- counties-with-non-discrimination-ordinances-that-include- gender 29 Casuga,Jay-Anne B and Michael Rose,"Are State Workplace Preemption Laws on the Rise?" Bloomberg BNA, July 19, 2016, httpsl//www bna.com/state-workplace- preemption-n73014444995/. 30 Dupuis, Nicole and Brooks Rainwater, "Shifting Perceptions of Collaborative Consumption,' National League of Cities, 2015, http//nlc.o rg/resou rce/shi fti ng -perception s-of- collaborative-consumption. 31 Forster, Dave, "Virginia DMV Orders Left, Uber to Stop Operating,' Virginian -Pilot, June 6, 2014, httpl//pilotonline. com/news/loca /transportation/virgin is -d mv-orders-lyft- u ber-to-sto p -o perati ng/arti cl e_bdd38b84-0358-5916-aa87- 40ddee6le898htm1. 32 "Denver Short -Term Rental Portal," City of Denver, httpsl// wwwdenvergovorg/STRapplication/. 33 Nunez, Michael, "New York Law Bans Airbnb Short -Term Rentals" Gizmodo, October 21,2016, httpl//gizmodo.com/new- yo rk-law-ba ns- ai Ton b -short-term-renta Is 788086399. 34 Benner, Katie, 'Airbnb Sues over New Law Regulating New York Rentals," New York Times, October 21, 2016, httpsl//www. nyti mes.com/2016/10/22/technology/new-york-passes-law- airbnb. html. 35 Bennett, Macaela, "IsAirbnb Good For Arizona?" The Arizona Republic, July 27, 2016, http//wwwazcentral com/ story/news/poli tics/I egi slatu re/2016/07/27/a i rb n b -a ri zona- benefits/86314492/. 36 "Community -Based Broadband Solutions. The Benefits of Competition and Choice for Community Development and Highspeed Internet Access,' Executive Office of the President, January 2015, httpsl//muninetworks.org/sites/www m u ni networks.org/files/White-House-community-based- broad ba nd-repo rt-by-executive-office-of-the-president_I pdf 37 Koebler, Jason, "The City That Was Saved by the Internet," Vice, October 27, 2016, httpl//motherboard vicecom/read/ chattanooga-gigabit-fiber-network. 38 Kruger, Lennard G. and AngeleA. Gilroy, "Municipal Broadband. Background and Policy Debate,' Congressional Research Service, April 6, 2016, httpsl//fas.org/sgp/crs/misc/ P44080. pdf. 39 In the Matter of City of Wilson, NC, Petition for Preemption of North Carolina General Statute 160A-340 et seq. and The Electric Power Board of Chattanooga, Tennessee Petition for Preemption of a Portion of Tennessee Code Annotated Section 7-52-601, 30 FCC Rcd. 2408 (F.C.C.), 2015 WL 1120113 40 State of Tennessee v Federal Communications Commission, No 15-3291/3555 (6th Cir), http//googl/JW9jFj 41 Greenblatt, Alan, "Beyond North Carolina's LGBT Battle. States' War on Cities,' Governing, March 25, 2016, httpl//www governing com/topi cs/pol iti cs/gov-states-cities-preem pti on- laws.html. 42 Hill, Edward W. et al, "A Review of Tax and Expenditure Limitations and Their Impact on State and Local Government in Ohio,' Urban Publications, 2006, httpl//engagedschol a rshi p. csuohio.edu/urban_facpub/530 43 This Tess (or non-) binding/potentially binding approach is well-documented within the academic and analytical literature on TELs. For instance, see Mullins and Wallin in Public Budgeting in Finance (2005). 44 Wang, Shu, "The effect of state -imposed tax and expenditure limits on municipal revenue structure. A legal approach" (Working paper), 2015. 45 Ibid 46 "State Plastic and Paper Bag Legislation,' National Conference of State Legislatures, November 11, 2016, httpl// www ncsiorg/research/environment-and-natural-resources/ plastic-bag-legislation.aspx. 47 "Local Authority to Regulate Firearms," Law Center to Prevent Gun Violence, http//smartgunlaws.org/gun-laws/ policy-areas/other-laws/local -authority/ 48 "Preemption Map," Grassroots Change, httpl// g rassrootschange. net/preemption-map/#/category/nutrition. 49 "The Effects of Inclusionary Zoning on Local Housing Markets. Lessons from the San Francisco, Washington DC and Suburban Boston Areas,' Furman Center for Real Estate & Urban Policy, http//furmancenterorg/files/publications/ IZPol icyBri ef. pdf 50 "National Survey of Statutory and Case Law Authority for Inclusionary Zoning,' National Association of Home Builders, June, 2007, httpl//wwwhbactorg/Resources/Documents/ Files%20H-K/inclusionary%20zoning%20manual-nahb%20 j une%202007-hol I i ster pdf 51 "Rent Control Laws by State," National Multifamily Housing Council, httpl//www. nmhc.org/Research-Insight/Rent-Control- Laws-by-State/. 26 City Rights in an Era of Preemption 27 28 NLCNATIONAL LEAGUE OF CITIES 4/9/2018 Could Higher Productivity Growth Lead to More Affordable Housing? — CitiesSpeak _U4 -F z -i 8 IP5 From City Manager Fruin CitiesSpeak a EQUITY POLICY HOUSING ENVIRONMENT FINANCE HEALTH YOUTH Could Higher Productivity Growth Lead to More Affordable Housing? By Terrah Glenn on April 3, 2018 America's cities have a problem: There isn't enough affordably priced housing to go around. Today, city leaders and home -seekers alike are frequently left wondering why builders won't simply build more housing that is affordable to a wider range of incomes, particularly middle - and lower- income households. https:lldtiesspeak.orgl20l8lO4lO3/could-higher-productivity-growth-lead-to-more-affordable-housing/ 115 4/912018 Could Higher Productivity Growth Lead to More Affordable Housing? — CitiesSpeak For starters, the math doesn't work. Private developers face an insurmountable gap between the cost of producing new housing and the amount that American households can afford to pay to buy or rent. Many affordable housing options don't get built as a result. Cites are doing much to help close this gap through financing mechanisms, policy tools and incentives — but further steps need to be taken to help families better access safe, quality homes. Now, rather than increasing subsidies, some city leaders are looking at ways to bring the cost of constructing housing down. The high cost of housing construction is due in part to a persistently low rate of productivity growth within the sector. In economic terms, productivity is a measure of the quantity of output generated for every unit of input. In the global economy, the productivity growth of the construction sector has been outpaced by the manufacturing and retail sectors by rates of nearly 4 -to -i and 3 -to -1, respectively. In Reinventing Construction: A route to higher productivity, the McKinsey Global Institute (MGI) reveals that a whopping $1.6 trillion of economic value is being lost by the global construction sector — one third of which is forgone by U.S. firms alone. Firms with the lowest levels of productivity tend to be some of the industry's smallest participants who work as trade - based subcontractors on housing and other projects, and struggle with issues of scale and a lack of resources that larger firms may have overcome. Subscribe to CitiesSpeak Get the essential news and tools for city leadership, delivered daily by email. Email Address SUBMIT htlpsJ/dbosspeak.org/2018I04A3/could-higher-produd *-growth4ead4o-more-eHordabW4x)using/ 2J5 4/9/1018 Could Higher Productivity Growth Lead to More Affordable Housing? — CitiesSpeak MGI notes that the low productivity growth rates of smaller subcontractors act as a drag on the productivity of larger firms, and the sector as a whole. Many such firms have few resources to deploy the tech and innovation tools that would help them become more productive. And where competition among firms would usually drive an industry's least productive rivals to address their key operational and technical challenges, such competitive forces are failing to work as well in construction. While many of the factors that contribute to low productivity growth in firms must be addressed by the industry players themselves, cities are particularly well suited to address two key macro - level root causes of low productivity growth in construction. Advancing strategies and policies targeted to modernizing and reshaping restrictive development regulations and increasing industry transparency could lead to greater productivity growth, reduced construction costs, and enable private developers to build and preserve more housing, faster and more affordably than before. For example, certain zoning and building code restrictions such as minimum lot sizes, parking minimums, and restrictions on the use of modular and manufactured housing add significantly to the cost of housing, act as barriers to the production of new housing units, and inhibit the development and use of innovative techniques and construction processes. Though opponents of new development raise historic preservation and quality -of -life concerns, evidence suggests that the cost of limiting development through housing regulations may be higher than the cost of any reasonable negative impacts associated with new construction. California-based pro development affordability advocates recently co-sponsored a bill in the state legislature that effectively rewrites local zoning controls within the state, making it easier to build new housing near intensively used mass transit assets. Though the National League of Cities advocates against state preemption of local government, in this instance, California YIMBY proposes to achieve what cities have be unwilling or unable to achieve — a substantial increase in the supply of affordable and available housing in one of the nation's most expensive housing markets. https://cifesspeak.org/201&04/03/could-higher-productivity-growth-lead-to- ore -affordable -housing/ 3/5 4/9/2018 Could Higher Productivity Growth Lead to More Affordable Housing? — CitiesSpeak Not only that, the general lack of standardized metrics and information available to housing developers and property owners on the costs of construction and the performance of contractors, within and across markets, has caused the construction industries to be among the most opaque and difficult to navigate in the world. For instance, when housing developers or owners do not have access to reliable, standardized measures to use in evaluating, comparing, and selecting firms, developers and property owners are at risk of choosing a firm with subpar operational and technical capacity. An economic climate that both discourages new development and does not support the evaluation of firms on the basis of cost and performance, works as a disincentive to firms to take steps to grow their productivity as a means to achieve a competitive advantage. A collaborative regional approach to adopting a set of standardized reporting and benchmarking requirements for single-family and multifamily housing contractors could be a logical first step toward increased transparency within the housing construction industries. Local jurisdictions that do not have established standards for benchmarking and reporting costs and performance data could consider drawing upon, or adopting and incentivizing, the use of the International Construction Measurement Standard (ICMS). Localities that do have established standards should consider adopting ICMS-inspired standards, or another regionally agreed upon standard alongside their existing local standard, so as to facilitate consistent comparisons across markets. All this may be much to ask from local government alone, but working jointly with construction - sector trade associations and industry players may help local officials to better understand the role that productivity growth and lower costs play in the increased production of a wider range of affordably priced housing units. About the Author: Terrah W. Glenn is the Senior Associate for Housing within NLC's Center for City Solutions. In addition to pursuing dual Master's degrees in the fields of urban and regional planning and landscape architecture, Terrah works on the Center's full range of https:l/citiesspeak.org/2018I04I03lmuld-higher-productivity-growth-lead-to-more-affordable-housing/ 4/5 M=. Share this: 0 Could Higher Productivity Growth Lead to More Affordable Housing? — CidesSpeak research priorities with special emphasis on the areas of affordable housing, urban innovation, sustainability, and economic development. 'obmit 41 '°° ................ ....... u uw How Cities Balance Urban Development and Affordability HOME NLC INFO NLC'S HISTORY ABOUT Cities Are Part of the Prescription to Fix America's Affordable Housing Crisis � V ® in 5 Local Housing Affordability Strategies that Work Email Address https://cibesspeak.org/2018/04/03/could-higher-productivity-growth-lead-to-more affordable -housing/ 5/5 MidAmerican ENERGY. April 10, 2018 Mr. Geoff Frain City Manager City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Geoff: �1� IP6 MidAmedcan Energy Company EconomicAdvanlage® 666 Grand Ave. Des Manes, IA 50309-2580 515-281-2287 Telephone 515-2424395 Fax As part of the MidAmencan Energy Company's tranchise agreements with Iowa City, please find the enclosed annual report to the Iowa City council. The document summarizes MidAmerican's commitment to the community through contributions and employee involvement, to name a few. The report reflects activity during the 2017 calendar year. Please contact me directly if you or any of the council members have any questions. Sincerely, eAtZ Kathryn M. Kunert Vice President Economic Connections and Integration JWA CITY OMMUNITY REPO ^V- / � r This report, filed in support of the electric and natural gas franchises between Iowa City and MidAmerican Energy Company, summarizes involvement MidAmerican Energy Company, the company's Foundation and employees contributed to the community during 2017. The company has about 80 people working and living in the Iowa City area. The majority of those employees are based in the combination Service Center and Customer Office located at 1630 Lower Muscatine Road. 2017 IMPROVEMENT AND OPERATIONAL PROJECTS The Iowa City area continues to experience growth with several expansive construction and infrastructure improvement projects. Some of the largest electric and natural gas projects during 2017 and continuing into 2018 are highlighted below: / Relocation of electric and natural gas facilities on the larger Dubuque Street portion of the multi-year Gateway flood protection project. 1 Improvements in the downtown Ped Mall infrastructure improvement project include relocation of numerous electric and natural gas services and mains. ► Completed conversion of existing high-pressure sodium street lights to more energy-efficient LED styles. / Removed all 4kV substations and upgraded all 4kV lines to 13kV facilities. ► Made significant reliability improvements to the electric circuit serving the water plant on North Dubuque Street. ► Converted electric overhead facilities to underground for the River Crossing project. ► Extensions of electric and natural gas facilities to accommodate commercial and residential growth in the metro area. PROPERTY TAXES MidAmerican Energy is one of the largest property taxpayers in Iowa City. For the tax year ending June 2017, the company paid $1,538,283 in property taxes with payments to: the city of Iowa City — $650,755; public schools — $556,293; Johnson County — $272,981; and other — $58,254. The combined property tax total for the past four years is $6,532,538, with the City receiving $2,799,264, schools $2,344,101, county $1,151,351 and other $237,822. RENEWABLE ENERGY GENERATION COMMITMENT As part of its 100 percent renewable energy vision, MidAmerican Energy anticipates that renewable generation will equate to more than 90 percent of its Iowa customers' annual retail electricity usage by 2020. Construction started in spring 2017 on two new wind farms designed to add 338 megawatts of wind generation capacity for customers, and those new projects went into full operation in February 2018. The addition of the 169 wind turbines to the existing fleet of more than 2,000 units owned and operated by MidAmerican Energy continues to make the company the No. 1 owner of wind -powered generation among U.S. rate -regulated energy providers. Since 2004, MidAmerican Energy has invested 36.6 billion to create 3,450 megawatts of wind energy. With the addition of the new wind projects, continued electric rate stability is projected through 2029. MidAmerican Energy's wind projects during the past decade have spurred economic development in the state while creating thousands of construction jobs and almost 200 permanent jobs in rural Iowa. The company's wind projects generate billions in lease payments to landowners and property tax payments to schools, cities and counties. Additionally, the company's investment in renewable energy provides an economic advantage and competitive edge for business attraction, retention and expansion. ECONOMIC DEVELOPMENT AND COMMUNITY INVOLVEMENT Economic development is a key component of MidAmerican Energy Company's service to our customers. As a strong advocate for economic development in our service territory, MidAmerican Energy works closely with site selectors and our local community partners to recruit, retain and expand businesses of all sizes. MidAmerican Energy and its economic development staff actively support Iowa City Area Development Group, Inc. by providing financial assistance, staff time and expertise to the organization. In addition to its annual investments in ICAD, MidAmerican Energy brings additional resources ICAD would not otherwise have to support its program of work. These resources include project support, marketing underwriting, and several analytic tools, including Location One Information System (LOIS), a tool used to help promote available buildings and sites in Iowa City which may attract new businesses to locate in the city; EMSI, a tool to provide economic modeling assistance; and Synchronist, a tool used to help retain and expand existing businesses. The total amount contributed to ICAD during 2017 was $40,000. Over the post five years, MidAmerican Energy's financial support for ICAD totals almost $193,200. Additionally, many MidAmerican Energy employees working and living in the Iowa City region are active in civic and community organizations and projects, including board membership for the Noon Rotary Club and Optimist Club. MidAmerican Energy has been a long-standing member of the Iowa City Chamber of Commerce and supported the Chamber's 2017 Annual Banquet and Golf Classic outing. The company's financial commitment to the Chamber last year totaled $5,900. R� r ICARE ICARE is an energy assistance program that helps customers who are unemployed, living on fixed or low incomes or experiencing a family crisis. The program provides assistance by helping these customers pay their heating bills or making their homes more energy efficient. ICARE funding comes from donations by employees and customers with a percentage match made by the company. The ICARE program is annually advertised to customers through quarterly newsletters, billing inserts or messages on customer bills. The (CARE program also is supported internally by employees through the company's (CARE — WE CARE campaign. All donations are administered in Iowa City by Hawkeye Area Community Action Program, Inc. (HACAP). To qualify, customers must meet the state's Low -Income Home Energy Assistance Program guidelines. The 2017 donations from Iowa City customers and the company's match totaled $26,168, helping HACAP to distribute $67,121 to assist Iowa City area customers. To ensure all the donated funds can be used for its intended purpose, the company also pays administrative fees to HACAP. UNITED WAY MidAmerican Energy and its employees support United Way in many ways, including volunteering for various United Way committees, financial contributions and a dollar -for -dollar match of employee donations. In 2017, employees and MidAmerican Energy's contributions to United Way of Johnson County totaled $29,062. Contributions and donations from MidAmerican Energy and its employees totaled almost $1.2 million over the past five years. Ills, MIGAMErICAN ENERGY COMPANY Ad ®ca CARES GLOB&LGMNG MATCHING GIFT PROGRAM AND GLOBAL DAYS OF SERVICE The company's Matching Gift Program encourages and supplements financial support for eligible charitable organizations and educational institutions. This program is made available to eligible employees through the MidAmerican Energy Foundation which provides $100,000 annually to match donations by employees during the calendar year. Eligible organizations include most public or private colleges or universities, alumni foundation or association of an eligible institution, a tax-exempt foundation whose purpose is to support public or private elementary and secondary education, or a tax-exempt organization providing cultural or general community benefits and located in communities within the company's service territory of Iowa, Illinois, Nebraska and South Dakota. MidAmerican Energy encourages employee volunteerism and the company's Global Days of Service program allows employees to make communities better through personal volunteer work. The company has a $250,000 matching fund to recognize employee volunteerism. These dollars are used to match efforts on behalf of organizations serving our communities. The fund is divided among the organizations, based on the number of hours that employees volunteer. All organizations considered charitable or educational are eligible. For example, any 501(c)(3) group or educational institution may receive funds. In addition, to recognize the importance of volunteer fire departments and other public safety organizations to our communities, these organizations are eligible regardless of 501(c)(3) status. CHARITABLE GIVING A long-standing supporter of the University of Iowa, MidAmerican Energy's donations and support to the organization exceeded $700,000 in 2017. Other charitable giving and in-kind services during the year included: ► $10,000 sponsorship to the Summer of the Arts festival ► $350 to the Iowa Soccer Club / $500 each to the Iowa Cultural Corridor Alliance and ► $100 to the Annual Airport Breakfast Bur Oak Land Trust ► And financial donations to after -prom / $500 to the University of Iowa Alumni Association's activities for various high schools Homecoming event Kellie Fruehling From: Sent: To: Cc: Subject: City Council members, Stewart, Gustave <gustave-stewart@uiowa.edu> Tuesday, April 10, 2018 3:52 PM Council Nelson, Benjamin C The hidden crisis on college campuses article -oma --' IP7 I found this article as an insightful read and was hoping that the article would be shared and attached to the information packet. The article highlights some of the hidden challenges that student's face that may not seem apparent at first but is important to consider. I hope this article serves as both informative and insightful. https://www.washingtonpost.com/news/wonk/wp/2018/04/03/the-h idden-crisis-on-college-campuses-36- percent-of-students-dont-have-enough-to-eat/?noredirect=on&utm term=.adcda82c9713 The hidden crisis on college campuses: Many students don't have enough to eat www.washingtonpost.com A first -of -its -kind survey finds one-third of college students regularly skip meals and lack stable housing. Best, Gustave Stewart (he/him/his) Political Science & Economics I University of Iowa '19 Resident Assistant I Catlett Hall Deputy City Liaison I UI Student Government gustave-stewart@uiowa.edu The hidden crisis on college campuses: Many students don't have enough to eat - The Wa... Page 1 The Washington Post Wonkblog The hidden crisis on college campuses: Many students don't have enough to eat By Caitlin Dewey April Caleb Torres lost seven pounds his freshman year of college — and not because he didn't like the food in the dining hall. A fust -generation college student, barely covering tuition, Torres ran out of grocery money halfway through the year and began skipping meals as a result. He'd stretch a can of SpaghettiOs over an entire day. Or he'd scout George Washington University campus for events that promised free lunch or snacks. Torres told no one what he was going through, least of all his single mom. "She had enough things to worry about," he said. Now a senior and living off -campus, in a housing situation that supplies most of his meals, Torres is finally talking about his experience with the hunger problem on America's college campuses: a quiet, insidious epidemic that researchers say threatens millions of students every year. According to a first -of -its -kind survey released Tuesday by researchers at Temple University and the Wisconsin HOPE lab, 36 percent of students at 66 surveyed colleges and universities do not get enough to eat, and a similar number lack a secure place to live. The report, which is the first to include students from two-year, four-year, private and public universities, including GWU, found that nearly i in io community college students have gone a whole day without eating in the past month. That number was 6 percent among university students. Any institution was invited to participate in the survey, though the sample was not designed to be representative of colleges nationwide. https://www.washingtonpost.com/news/wonk/wp/2018/04/03/the-hidden-crisis-on-college-... 4/10/2018 The hidden crisis on college campuses: Many students don't have enough to eat - The Wa... Page 2 Researchers blame ballooning college costs, inadequate aid packages and growing enrollment among low- income students — as well as some colleges' unwillingness to admit they have a hunger problem. College hunger is not a new issue, researchers caution. But it appears to be growing worse, and not merely because college is getting more expensive. "Prices have gone up over time," said Sara Goldrick-Rab, a professor of higher education policy at Temple and the lead author of the report. "But the rising price is just a piece. This is a systemic problem." Goldrick-Rab's report is based on data from 43,000 students at 66 schools and used the Department of Agriculture's assessment for measuring hunger. That means the thousands of students it classifies as having "low food security" aren't merely avoiding the dining hall or saving lunch money for beer: They're skipping meals, or eating smaller meals, because they don't have enough money for food. On top of that, the report found, 46 percent of community college students and 36 percent of university students struggle to pay for housing and utilities. In the past year, 12 percent of community college students and 9 percent of university students have slept in shelters or in places not intended as housing, or did not know from one day to the next where they would sleep. Measuring college hunger and homelessness is difficult. Researchers depend on universities to distribute the surveys and on a self-selecting group of students to fill them out. Goldrick-Rab says those constraints make it likely that college hunger is actually more prevalent than her data show. There may also be more variability between different areas of the country or different types of institutions, though several education policy analysts not involved with the survey said they believe this is the best national estimate available. The numbers align with other recent surveys on the issue. The University of California has found that 40 percent of its students suffer food insecurity. At four state universities in Illinois, that number is 35 percent. "Not a single university administrator wanted to acknowledge this was an issue five years ago," said Rachel Sumekh, the chief executive of Swipe Out Hunger, a Los Angeles -based nonprofit. "But the numbers are amazing. It helps us make the case to universities that they need to do something about this." Experts say the factors underlying campus hunger are complex. More low-income students are enrolling in college, thanks to expanded needs -based scholarship and grant programs, a move away from standardized test scores as part of the application process, and other initiatives designed to recruit more diverse students. https://www.washingtonpost.com/news/wonk/wp/2018/04/03/the-hidden-crisis-on-college-... 4/10/2018 The hidden crisis on college campuses: Many students don't have enough to eat - The Wa... Page 3 But once they get on campus, low-income students often find that the patchwork of grants and scholarships they've assembled are not enough to cover all of their expenses. "There has been an uptick in low-income students on campus, but there hasn't been a corresponding change in university policy to welcome and prepare for these students," said Anthony Abraham Jack, an assistant professor at the Harvard Graduate School of Education. In the 2013-2014 academic year, room and board for the average undergraduate totaled $9,929, according to the National Center for Education Statistics, a 50 percent increase over 20 years prior. Those figures are higher for private and four-year colleges. And they don't include incidental expenses, from printing and laundry fees to nightly room charges assessed against students who can't leave for spring break or summer vacation. On top of that, students have fewer ways to provide for themselves: Competition for low-wage jobs has increased, and strict work requirements for food stamp recipients mean that many cannot rely on the federal safety net. Even higher income students who don't have their parents' full financial support can find themselves facing difficult choices. "We know for some students, even one small financial problem can throw them off course," said Tim Miller, the associate dean of students in the Division of Student Affairs at George Washington, where Torres is a senior. `"That is serious. We want to help students overcome those issues." With a 2017-2018 tuition of more than $53,000, and a brand-new food court hawking poke bowls and yogurt topped with rose petals, GWU does not outwardly look like a place where students encounter hunger. But mixed in among the Canada Goose -clad undergrads are students such as Torres and Emma Montero, a sophomore, who are struggling. Montero works three jobs, including a federal work-study gig designed to help low-income students cover expenses, but neither her wages nor a series of grants, scholarships and low- interest loans have made ends meet, she said. "I'm not going hungry per se, but there are days I'm just not going to eat," she said. `"Today, I am kind of hesitant to buy food, because I have less than $ loo and I need to do laundry. Do I want to do my laundry or do I want to eat today? That is the kind of question I'm dealing with." To alleviate these issues, GW opened a food pantry in 2016, stocked with canned goods, produce and day-old bagels, tucked behind an unmarked door in the same food court where students flock for poke. Hundreds of https://www.washingtonpost.com/news/wonk/wp/2018/04/03/the-hidden-crisis-on-college-... 4/10/2018 The hidden crisis on college campuses: Many students don't have enough to eat - The Wa... Page 4 schools have recently launched these sorts of pantries: Membership in the College and University Food Bank Alliance has swelled from 15 in 2012 to more than 600 today. Colleges are taking other steps as well. Some have altered their dining plans to cover more meals or to offer more low-cost options, or have begun distributing free dining hall vouchers to students who need them. Others have partnered with nonprofits to redistribute unused meals to hungry students. Michigan State University, the first school to establish an on -campus pantry, has begun screening students for food insecurity during routine visits to its campus health center. In New York, St. John's University has started advertising an emergency fund that disburses small, one-time grants to students with unexpected expenses. "This is top -of -mind right now on many campuses," said Amelia Parnell, the vice president for research and policy at the National Association of Student Personnel Administrators. "When we think about reasons students drop out, financial issues — like the ability to pay for food and housing — are one of them." But advocates say higher education is still not doing enough to solve student hunger. There is persistent skepticism about the depth of the problem at some institutions. Others have proven skittish about opening a food pantry or even surveying students, concerned with the message it will send prospective students and donors. "All the great hunger efforts underway are not even half a drop in an empty bucket given the scale of this crisis," said Wick Sloane, a writing professor at Bunker Hill Community College in Boston who has advocated for low-income students. "All of us in higher ed know this." Sloane and other advocates have called on the federal government to provide free or reduced -cost meals at colleges, as is already done in primary and secondary schools. This fall, the federal Government Accountability Office is scheduled to release a study on the extent of college hunger, which gives advocates hope that lawmakers are paying attention to the issue. Advocates would like to see changes to the food stamp program to make it more available to college students. There are also calls to reevaluate the financial aid process, with particular attention to how the government assesses"need." But unfortunately, those changes will come too late for many. Torres will graduate from GW in May. With little initial support at school, Torres moved off -campus sophomore year on the advice of a friend, renting a room in the home of a middle-aged couple known for helping down -on -their -luck students. https://www.washingtonpost.com/news/wonk/wp/2018/04/03/the-hidden-crisis-on-college-... 4/10/2018 The hidden crisis on college campuses: Many students don't have enough to eat - The Wa... Page 5 Torres says he hasn't worried about food since then — and that he feels "blessed every day." But he hopes future college students will have other, more institutional support to keep them from going hungry. "We're in a time where there is going to be a lot of change," he said. "And I'm pleased with where I see it going." This story has been updated. Read more: For the poor in the Ivy League, a full ride isn't always what they imagined Dozens more selective colleges join pledge to add lower-income students Study: Food stamp benefits are already too low in 99 percent of U.S. counties *t 1225 Comments Caitlin Dewey is The Washington Post's food policy writer for Wonkblog. She previously covered digital culture and technology for The Post. W Follow@caitlindewey https://www.washingtonpost.com/news/wonk/wp/2018/04/03/the-hidden-crisis-on-college-... 4/10/2018 u9-lL-1U Iowa City Police Department and University of Iowa DPS I -1P8- j Bar Check Report - March, 2018 The purpose of the Bar Check Report is to track the performance of Iowa City liquor license establishments in monitoring their patrons for violations of Iowa City's ordinances on Possession of Alcohol Under the Legal Age (PAULA) and Persons Under the Legal Age in Licensed or Permitted Establishments (Under 21). Bar checks are defined by resolution as an officer -initiated check of a liquor establishment for PAULA or other alcohol related violations. This includes checks done as part of directed checks of designated liquor establishments, and checks initiated by officers as part of their routine duties. It does not include officer responses to calls for service. The bar check ratios are calculated by dividing the number of citations issued to the patrons at that establishment during the relevant period of time by the number of bar checks performed during the same period of time. The resulting PAULA ratio holds special significance to those establishments with exception certificates, entertainment venue status, or split venues, in that they risk losing their special status if at any time their PAULA ratio exceeds .25 for the trailing 12 months. Note, while the resolution requires that bar checks and citations of the University of Iowa Department of Public Safety (DPS) be included in these statistics, the DPS ceased performing bar checks and issuing these citations to patrons in Mav of 2014. Previous 12 Months Top 10 Under 21 Citations PAULA Citations Business Name Visits Citations Ratio Business Name Visits Citations Ratio Summit. [The] 68 65 0.9558824 Bo -James 20 20 1.0000000 Vine Tavern, [The] 17 14 0.8235294 Airliner 42 34 0.8095238 Eden Lounge 53 35 0.6603774 Summit. [The] 68 55 0.8088235 Fieldhouse 74 46 0.6216216 Sports Column 58 37 0.6379310 Sports Column 58 36 0.6206897 Fieldhouse 74 44 0.5945946 Martini's 49 24 0.4897959 Martini's 49 20 0.4081633 Union Bar 88 37 0.4204545 Union Bar 88 29 0.3295455 Airliner 42 12 0.2857143 Vine Tavern, [The] 17 5 0.2941176 DC's 39 11 0.2820513 DC's 39 6 0.1538462 Bardot Iowa 12 1 0.0833333 Bardot Iowa 12 1 0.0833333 Only those establishments with at least :LU bar checks are listed in the chart above. Current Month Top 10 Under 21 Citations PAULA Citations Brothers Bar & Grill, [It's] 3 1 0.333333311IBo-James 3 9 —exception to 21 ordinance Page 1 of 5 Iowa City Police Department and University of Iowa DPS Bar Check Report - March, 2018 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of Iowa City Police activity and University of Iowa Police Activity Business Name Monthly Totals Bar ,Under2l PA Checks', 2 Dogs Pub 0 0 0 Airliner 0 0 0 American Legion 0 0 0 Bardot Iowa 0 0 0 Baroncini` 0 0 0 Basta 0 0 0 Big Grove Brewery 0 0 0 Blackstone` 0 0 0 Blue Moose- 2 0 0 Bluebird Diner 0 0 0 Bo -James 3 0 9 Bread Garden Market & Bakery "' 0 0 0 Brothers Bar & Grill, [It's] 3 1 0 Buffalo Wild Wings Grill & Bar- 0 0 0 Cactus 2 Mexican Grill (314 E Burlington) 0 0 0 Cactus Mexican Grill (245 s. Gilbert) 0 0 0 Caliente Night Club 0 0 0 Carl & Ernie's Pub & Grill 1 0 0 Carlos O'Kelly's` 0 0 0 Chipotle Mexican Grill 0 0 C Clarion Highlander Hotel 0 0 C Clinton St Social Club 0 0 C Club Car, [The] 1 0 C Coach's Corner 0 0 C Colonial Lanes" 0 0 C `exception to 21 ordinance ULA Prev 12 Bar Check 42 Month Totals Under2li PAULA Under 21 Ratio (Prev 12 Mol I PAULA Ratio (Prev 12 Mo) 12 34 0.285714 0.809524 0.012658 12 1 1 0.083333 0.083333 6 17 20 79 8 9 2 2 0 0 0 0 0 0 0 20 0 1 5 0.012658 0 14 0 0 9 0 0 0 0 0 0 0 0 0 1 0.063291 1.75 1 0 0 2 0 0 0 0 2 0 0 0 0 Page 2 of 5 Business Name Monthlv Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l; PAULA Checks Under 21 PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Dave's Foxhead Tavern 0 0 0 DC's 1 0 0 39 11 6 i 0.282051 0.153846 Deadwood, [The] 0 0 0 1 0 0 0 0 Donnelly's Pub 0 0 0 2 0 0 0 0 Dublin Underground, [The] 0 0 0 2 0., 0 0 0 Eagle's, (Fraternal Order of] 0 0 0 Eden Lounge 0 0 0 53 35 4 0.660377 0.075472 EI Banditos 0 0 0 EI Cactus Mexican Cuisine 0 0 0 EI Dorado Mexican Restaurant 0 0 0 EI Patron 0 0 0 1 0 0 0 0 EI Ranchero Mexican Restaurant 0 0 0 Elks 4590, [BPO] 0 0 0 Englert Theatre— 0 0 0 Fieldhouse 1 0 0 74 46 44 0.621622 0.594595 FilmScene 0 0 0 First Avenue Club— 2 0 0 6 0 0 0 0 Formosa Asian Cuisine— 0 0 0 Gabes— 0 0 0 7 0 0 0 0 George's Buffet 0 0 0 Givanni's` 0 0 0 Graze- 0 0 0 Grizzly's South Side Pub 0 0 0 Hilltop Lounge, [The] 1 0 0 2 0 0 0 0 Howling Dogs Bistro 0 0 0 India We 0 0 0 Jimmy Jack's Rib Shack 0 0 0 Jobsite 0 0 0 Joe's Place 0 0 0 9 0 0 0 0 Joseph's Steak House` 0 0 0 Los Portales 0 0 0 Martini's 1 0 0 49 24 1 20 0.489796 0.408163 "exception to 21 ordinance Page 3 of 5 Business Name Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) Masala 0 0 0 Mekong Restaurant— 0 0 0 I Micky's— 0 0 0 Mill Restaurant, [The]— 0 0 0 1 0 0 0 0 Moose, [Loyal Order of] 0 0 0 i Mosleys 0 0 0 Motley Cow Cafe` 0 0 0 Noodles & Company— 0 0 0 Old Capitol Brew Works 0 0 0 ! One-Twenty-Six 0 0 0 Orchard Green Restaurant" 0 0 0 Oyama Sushi Japanese Restaurant 0 0 0 Pagliai's Pizza` 0 0 0 Panchero's (Clinton St)— 0 0 0 Panchero's Grill (Riverside Dr)— 0 0 0 ! Pints 0 0 0 12 0 0 0 0 Pit Smokehouse"' 0 0 0 Pizza Arcade 0 0 0 Pizza Hut— 0 0 0 Quinton's Bar & Deli 0 0 0 1 0 0 0 0 Ridge Pub 0 0 0 Riverside Theatre— 0 0 0 Saloon— 0 0 0 Sam's Pizza 0 0 0 1 0 0 0 0 Sanctuary Restaurant, [The] 0 0 0 Shakespeare's 0 0 0 Sheraton 0 0 0 i Short's Burger & Shine— 0 0 0 1 0 0 0 0 Short's Burger Eastside 0 0 0 SonnysTap 0 0 0 2 0 0 0 0 Sports Column 1 0 0 58 36 37 0.62069 0.637931 Studio 13 0 0 0 3 0 0 0 0 —exception to 21 ordinance Page 4 of 5 Business Name Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio (Prev 12 Mol (Prev 12 Mo) Summit. [The] 1 0 0 68 65 55 0.955882 0.808824 Sushi Popo 0 0 0 0 0 0 0 0 Grand Totals 9 283 Szechuan House 0 0 0 Takanami Restaurant- 0 0 0 TCB 0 0 0 11 0 0 0 0 Thai Flavors 0 0 0 Thai Spice 0 0 0 Times Club @ Prairie Lights 0 0 0 Trumpet Blossom Cafe 0 0 0 Union Bar 2 0 0 88 37 29 0.420455 0.329545 VFW Post#3949 0 0 0 Vine Tavern, [The] 0 0 0 17 14 5 0.823529 0.294118 Wig & Pen Pizza Pub— 0 0 0 Yacht Club, [Iowa City]` 0 0 0 4 0 0 0 0 Yen Ching 0 0 0 Z'Mariks Noodle House 0 0 0 Monthly Totals Prev 12 Month Totals Under2l PAULA Bar Under2l PAULA Bar Under2l PAULA Ratio Ratio Checks Checks (Prev 12 Mo) (Prev 12 Mo) Totals 20 1 9 713 282 283 0.395512 0.396914 Off Premise 0 0 0 0 0 0 0 0 Grand Totals 9 283 exception to 21 ordinance Page 5 of 5 -oa-i7-Tr IP9 City of Iowa City 2018 Building Statistics Value/Type of Construction January February March April May June July August September I October November December OTAL NON-TAXAB Single Family -$ 1,940,000 1,094,952 5,066,123 8,101,075 Number of Permits 6 4 20 30 Duplex -$ 650,000 650,000 Number of Permits 2 2 Sororities & Fraternities- $ Number of Permits Multiple Units 1,500,000 3,800,000 5,300,000 $3,000,000 Number of Permits 1 2 3 Number of Buildings 1 2 3 Number of Dwelling Units 18 30 48 Mix- Commerdal/Residential 645,000 25,677,956 4,000,000 30,322,956 Number of Permits 1&1(found s 11(foundation) 4 Number of Buildings 1 1 2 Number of Dwmiling units 3 130 133 Motels, Hotels -$ Number of Permits Churdies-S Number of Permits Industdal -$ 450,000 156,500 606,500 Number of Permits 1 1 2 Service Stations - $ Number of Permits Hospitals & Institutions - $ Number of Permits Offices, Banks, Prof. - $ 24,000 24,000 Number of Permits 1 1 Public Works & Utilities - $ Number of Permits Schools - $ Number of Permits Stares & Customer Svc. - S Number of Permits Misc. Structures/Fences - $ 63,000 1 63,000 Number of Permits 2 2 Remodel, Residential -$ 590.2601 398,9931 824,201 1 1,813,454 Number of Permits 17 15 30 62 Remodel, Commercial -$ 6,721,600 916,600 2,865,083 10,503,283 63,000 Number of Permits 7 12 11 30 Remodel, Public Works - S 163,000 68,140 251,140 251,140 Number of Permits 1 1 2 Accessory Structures 35,000 45,000 80,000 Number of Permits 1 2 3 Condo Conversion- No Value TOTAL VALUE 12.064,860 28,156,641 17,493,907 57,715,408 3,314,14D TOTAL PERMITS i 36 33 72 141 Demolition: Residential units lost —oa--f T -Tr- Ir IP10 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org April 5, 2018 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Senior Associate Planner - Transportation Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Senior Associate Planner — Transportation. O s n 0 m a -^per Emily Bothell ::in M r � 1�7 s rn o� IOWA CITY CIVIL SERVICE COMMISSION Rick W ss, Chair Gov. Reynolds signs so-called 'sanctuary cities' bill, which she said was aimed at 'far-left ... Page 1 S, P From Mayor Throgmorton , LITTLE VILLAGE IS SUPPORTED BY: Gov. Reynolds signs so-called `sanctuary cities' bill, which she said was aimed at `far-left liberals in Des Moines and Iowa City' Late Handouts Distributed PUS I EU ON APR 10, 2018 BY PAUL BRENNAN 4\ 16 \ Ie � l `e Shares (Date) 4, i 4 Is e * 4 or..„ .. ,, 4, ii,..... . . . -...t. tiwe •. \ .fr . . .. ' Gov. Kim Reynolds—photo courtesy of the Office of the Governor of Iowa On Tuesday, Gov. Kim Reynolds signed SF 481, the so-called "sanctuary cities bill," into law. Reynolds didn't issue a statement — the reference to SF 481 was buried in a press release announcing the governor signed 17 bills on April 10 — but two months ago, she hailed the bill as a way to "send a message to the far-left liberals in Des Moines and Iowa City." That statement came in a fundraising letter from Reynolds' gubernatorial campaign, attempting to use misplaced fears about sanctuary cities — which even proponents of the bill admit don't exist in Iowa — to pry open the wallets of Iowans. http://littlevillagemag.com/gov-reynolds-signs-sanctuary-cities-bill-sf-481/ 4/13/2018 Gov. Reynolds signs so-called 'sanctuary cities' bill, which she said was aimed at 'far-left ... Page 2 Bleeding Heartland posted a copy of the letter in February. LITTLE VILLAGE IS SUPPORTED BY: I remain strongly opposed to any city or community in Iowa becoming a sanctuary for illegal immigrants who have broken the law. Right now, our state's legislature is debating this important issue, and I want to know where you stand: Do you stand with me and oppose sanctuary cities? By sending in $10, $15, or $25 today, you can send a message to far- left liberals in Des Moines and Iowa City on this important issue. UhttereSle1481, anyone can file a complaint that a municipality is failing to fully cooperate with federal immigration agents. Either the Iowa Attorney General's office or a county attorney's office would then have to investigate the complaint. If it is determined that the city isn't complying with the law— which forbids cities from adopting any policy that discourages local police from cooperating with federal immigration agents, and requires police departments to detain people at the request of those agents, even if the person isn't charged with a crime —the city will lose all state funds until a district court judge determines the city is in compliance. According an analysis by the Legislative Services Agency: The denial of State funding based upon a valid finding of a violation... would potentially impact a wide range of State funding, which includes: Road Use Tax Fund allocations, grants, and reimbursements; State property tax replacements, tuition replacement, flood mitigation projects, community college funding, grants made by the Iowa Economic Development Authority, and many other areas. Reynolds wasn't the only Republican who made it clear this bill was aimed at Iowa City. During debate in the Iowa House, Rep. Steve Holt of Dennison, who was the bill's floor manager, said it was needed because Iowa City is "in defiance of the rule of law." Holt appeared to be referring http://littlevillagemag.com/gov-reynolds-signs-sanctuary-cities-bill-sf-481/ 4/13/2018 Gov. Reynolds signs so-called 'sanctuary cities' bill, which she said was aimed at 'far-left ... Page 3 to a resolution passed by the Iowa City Council in January 2017, three 471tP611eLT5‘9g4AltilFrPpqfccEs1R7Mi in as president. The resolution stated the Iowa City Police Department did not have to assist federal agents enforce immigration law, except in cases involving public safety. Traditionally, enforcement of immigration law has been solely the responsibility of federal officials. "We intend to keep [Iowa City] a safe and welcoming place for all its residents and visitors," Mayor Jim Throgmorton said when the Iowa City Council passed the resolution. "If undocumented residents fear they will be deported simply for being undocumented, they will avoid reporting to the police crimes they witness or have committed against them." Advertisement That was also the position of most local law enforcement officials across the state. And it was a point that Marlu Abarca, a member of Iowa Commission of Latino Affairs, made to the governor with a very personal story. On Thursday, Abraca sent a letter to Reynolds on behalf of the commission,which was created in 1974 to advise governors on the needs and condition of the state's Latino population, "to implore [the governor] to VETO SF481." "The Iowa Commission of Latino Affairs is concerned that police assistance with federal enforcement efforts would prevent Latinos from reporting crimes, cooperating with police, or seeking police protection," Abraca wrote. "SF481 would break down the confidence and trust between law enforcement and the diverse communities they serve and protect." Abraca shared the story of her own mother, who, prior to becoming a naturalized citizen was raped, but was unsure what her rights were and was afraid to go to the police. "Because of her fear, and the fear of her coworkers of coming forward about these crimes — for fear of being separated from their families — my mother will never receive justice," Abraca told the governor. http://littlevillagemag.com/gov-reynolds-signs-sanctuary-cities-bill-sf-481/ 4/13/2018 Gov. Reynolds signs so-called 'sanctuary cities' bill, which she said was aimed at 'far-left ... Page 4 She concluded the letter: "SF 481 does not reflect the values of Iowans; isEnYtl R�v l§MPvRRUiPalAN'it is not the Iowa that our children deserve." SF 481 passed both the Iowa House and Senate with only Republicans voting in favor of it. No law enforcement group spoke out in favor of SF 481, and the Iowa Police Chiefs Association officially opposed the bill, as did the Iowa attorney general and the Iowa County Attorneys Association. The only group to register with the state legislature as being in favor of the bill was the Iowa Minuteman Civil Defense Corps, which was described as a "nativist extremist" group in a 2015 report by the ummr,p,Roverty Law Center. 452 Shares CATEGORIES: COMMUNITY/NEWS, FEATURED TAGS:GOV. KIM REYNOLDS, IMMIGRATION, IOWA CITY NEWS, IOWA COMMISSION OF LATINO AFFAIRS, IOWA NEWS, SF 481 2 thoughts on "Gov. Reynolds signs so-called `sanctuary cities' bill, which she said was aimed at `far-left liberals in Des Moines and Iowa City' Sharon says: Apr 11,2018 at 1:20 pm So we've solved a problem that didn't exists, and gone against the wishes of the state police and attorneys general, just to throw a middle finger at alleged "far left liberals." http://littlevillagemag.com/gov-reynolds-signs-sanctuary-cities-bill-sf-481/ 4/13/2018 Gov. Reynolds signs so-called 'sanctuary cities' bill, which she said was aimed at 'far-left ... Page 5 America, 2018. LITTLE VILLAGE IS SUPPORTED BY: Reply 2. David Tiffany says: Apr 12, 2018 at 11:41 am Our Far Radical Right Governor has aligned herself with the extreme Right Republicans to harm people who have been good `citizens', even while they are denied citizenship. It's a sad state of affairs in Neo- Confederate Iowa. My ancestors fought against the traitors in our Civil War. It is sad to see our Radical Republican legislature destroying human compassion. Advertisement Reply LEAVE A REPLY Your email address will not be published. Required fields are marked * Comment * Name * Email * Website http://littlevillagemag.com/gov-reynolds-signs-sanctuary-cities-bill-sf-481/ 4/13/2018 -UT_T7_W_ IP11 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MARCH 12 — 5:15 PM — WORK SESSION HELLING CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: Mike Hensch, Phoebe Martin STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo, OTHERS PRESENT: CALL TO ORDER: Freerks called the meeting to order at 5:15 PM. REZONING ITEM (REZ18-00003): Discussion of an application submitted by Hodge Construction for a rezoning of approximately 1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings — Central Crossings (RFC -CX) zone for the property located at 225 & 225 E. Prentiss Street. Miklo began by showing some photos of what the property looks like today, and since the last meeting the City did receive a revised plan showing the floodway which will allow the ability to establish the setback for the building because it has to at least 30 feet back from the floodway. The applicant also included a concept plan showing how the area between the building and floodway would be developed as open space in the plan. The plan includes a sidewalk at the top of the bank down to the end of the property, and also will loop the sidewalk back down to the alley to provide access to other properties which are managed by the same owner. Miklo stated that the applicant has also revised their building plans to show the 10 foot stepback from the street sides. As a reminder Miklo added that Ralston Creek is considered a pedestrian street so that side of the building must also have the stepback. Miklo stated that the Code does allow at the intersection of two streets (in this case Prentiss Street and Ralston Creek (as the pedestrian street)) a tower that does not have to include the stepback and can be as wide as 30 feet wide. Therefore the applicant's concept now complies with the Form -Based Code. Therefore Staff believes this application is ready for a recommendation to Council for approval with the previous stated approval subject to a conditional zoning agreement for the improvement of the Ralston Creek pedestrian street, including putting in the walkways, pedestrian scale lighting, and landscaping. It might also include some grading along the bank and that will be in coordination with the City Engineer on the specifics of that. Freerks asked about the concept drawings and if that was the final design. Miklo said the concept does show the stepbacks but the final design would have to be approved by the Staff Design Review Committee. Miklo added that the strong message the Commission gave at the last meeting the Committee will be reviewing the design carefully. Freerks asked if the Commission can see the final design approval. Miklo said he would be happy to share the final design with the Commission. Freerks asked about the building density with the new design. Miklo was unsure of the exact density but would find out. Planning and Zoning Commission March 12, 2018 — Work Session Page 2 of 6 REZONING ITEM (REZ17-00015): Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of approximately 7.84 acres from Interim Development Research Development Park (IDRP) zone to Low Density Multifamily (RM -12) zone for the property located west of Camp Cardinal Boulevard and east of Deer Creek Road. Bochner stated that at the last Commission meeting there were questions about the exact language that was used in the plans so she provided in a memo to the Commission an excerpt from the Clear Creek Master Plan that gives specifics on the language used for that area. Bochner also shared the image that indicates the proposed land uses in that area. Bochner stated the City also received some updates to the plan from the applicant, they added a note to the plan regarding the dust control on Deer Creek Road, they said the owners have an agreement in place with the quarry to provide dust control twice per year. Bochner noted that to address the concerns regarding open space, the applicant has added three patios, one outside each building. Freerks asked if those would be concrete patios and Bochner was unsure what the material proposed would be. Freerks would like to have more details on that. Bochner said the applicant plans to include grills and picnic tables as well as possibly pergolas over the patios. Bochner also added the City has received a more detailed landscape plan that shows all of the plant species and landscaping above and beyond the minimum requirement. It also has the three rows of evergreens between the right-of-way and the site. Miklo added that the evergreens will require approval of the City Forrester to have them placed in the right-of-way because anything planted in the City right-of-way they become City plantings for the City to maintain. The City Forrester did point out that given the elevations (this is going uphill) plantings in the right-of-way, even when mature, won't likely be high enough to screen the building or buffer the view from the highway. Miklo feels they will know by the meeting Thursday if the City Forrester is willing to take on these plantings. Theobald noted that one of the species indicated will probably require treatment with fungicide yearly otherwise it will lose the bottom growth and therefore its effectiveness as a screen is negotiable. Bochner stated that the deficiencies listed in the previous staff report have been resolved Freerks asked if they could not only include the language from the Clear Creek Master Plan but also the Master Plan update from 2013, specifically the language on the buffer for residential property and compatible uses to ensure the long-term livability of neighborhoods, provide sufficient buffers between residential development and land uses and activities such as waste- water treatment plant, Interstate 80 and Highway 218, and the landfill. Freerks feels that is an important piece of information. Dyer asked about the size of the patios. Bochner said the plan does not list dimensions. Miklo calculated at a quick glance they appeared to be approximately 45' by 15'. Parsons feels the patios won't be appreciated by the people who will live with it right outside their windows. Freerks and Signs both indicated it was not what they envisioned when they asked for community space. Signs stated it is just basically an extension of the concrete parking areas. Freerks suggested staff relay to the applicant that will be a concern at the meeting Thursday. Parson added that the Commission had suggested integrating the open space with the lake Planning and Zoning Commission March 12, 2018—Work Session Page 3 of 6 nearby and that was not taken in consideration. Miklo said the applicant can address the open spaces on Thursday, however they did point out they are adding considerable amount of sidewalk and that sidewalk will get to the lake eventually. Theobald noted that another one of the screening trees will lose its foliage from a fungus in the summer and she also stated there are no suppliers in this area that carry that particular tree. Signs added there seems to be a disconnect between landscape architects and the nursery industry and product availability. REZONING ITEM (REZ18-00002): Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89 acres from Planned Development Overlay/High Density Single Family Residential (OPD/RM- 12) zone to Low Density Multifamily Residential (RM -12) zone for the property located at 1705 Prairie Du Chien Road. Miklo stated the applicant has asked for a deferral until April to have more time to come up with a plan. These are applications submitted by the Historic Preservation Commission for a rezoning to designate the property as an Iowa City Historic Landmark. Miklo said that six out of seven of these properties were identified by the Historic Preservation Commission. If the Commission recalls, when the Dubuque Street cottages were in a rezoning process the Historic Preservation Commission was criticized for waiting too long to declare them landmarks and therefore they were demolished. Therefore the Historic Preservation Commission has proactively gone out and looked for other properties that might be endangered but also meet the historic preservation guidelines and eligible for the national registry. All of the applications, other than REZ18-00011, were in that identification process noted as being eligible for the national registry and because of their location close to downtown or near a commercial area may be threatened in the future. Historic Preservation Commission plans to come forward with others as well, these were the ones they felt were most critical at this time. In terms of the Planning & Zoning Commission role, the Ordinance is very specific that it is up to the Historic Preservation Commission that they meet historic architecture and criteria, the Planning & Zoning Commission reviews the Comprehensive Plan and how these proposals comply with the Comprehensive Plan. In addition to the main Comprehensive Plan there is a Historic Preservation Plan and several of these properties fall in the Central District Plan which specifically discusses properties that fall into historical preservation. The Zoning Code does provide incentives to preserving all these homes and the Board of Adjustment can waive certain zoning requirements to allow uses that would not otherwise be allowed to preserve these homes. The first one is on Park Road and Lexington Drive in the Manville Heights neighborhood, the building was recently listed on the National Registry of Historical Places, and it was built by a physician associated with the founding of The Children's Hospital at the University of Iowa in the early part of the last century. The owner is seeking the designation of landmark as his concern is he won't own it forever and he wants to make sure this special property is preserved over time. Planning and Zoning Commission March 12, 2018 —Work Session Page 4 of 6 The next application is on Dodge Street and Prairie Du Chein (across form the Hilltop and HyVee). This building is probably more important because of its architecture than its history. The history is interesting that the original builder went bankrupt during the construction and someone else had to take it over midpoint. It is quite unique architecturally in terms of its design, it is Queen Anne with some colonial aspects. The area is zoned RS -8 so a duplex would be allowed on that corner. Next is located on Bloomington Street, it is currently a mixed-use building, the bottom floor operates as an office and the upper floor contains one or two apartments. This is a brick structure that is pretty much still intact as the way it was originally constructed. Next is a property located on Market Street, near Brewery Square (which was built as a brewery) and the house was built by that owner right next door. It is again an early brick house, it has lost its porch but that could be replaced. The next application is also on Bloomington Street, also near a brewery that once existed on the corner. It is currently a commercial use, and is zoned commercial, and the Comprehensive Plan talks about this area, and the North Market Square commercial area, and the special character it has and the goal of the Plan is to preserve that unique character of the area. There are several other landmark buildings in the neighborhood, and this application would add two more. Next is a property on North Dubuque Street, north of Davenport Street, a small brick cottage that was one of the early residential structures in Iowa City. The area is zoned RM -44 which is high density multi -family so potentially there could be more units on this site. The final application is a property on North Clinton Street across from the University of Iowa. This home has an interesting history that the builder was a surgeon during the Civil War and then the Sharpless family (an old Iowa City family) acquired it after that. There is an addition on the house in the rear that is not historic as well as a garage on the back that is not historic. Miklo explained that in a situation like this where there are non -historic elements of the property, the Historic Preservation Guidelines provide a lot of flexibility on how those are treated. They can be removed or replaced. If replaced the goal would be any replacement to be compatible in design with the historic structure. This property is zoned RM -44 so there is some development potential that could incorporate this building. Freerks stated she did receive a letter from the gentleman who owns the North Clinton Street property. All Commissioners received that letter. Hekteon stated there is a letter in the packet from the owner's attorney, Parsons acknowledged it is the same letter they all received. Miklo noted one of the points in the letter is that this designation may affect the value of the property and he stated that the United States Supreme Court has decided in a couple of cases that landmark status is a zoning activity that communities can do even if there is some diminishment in value . Hetkeon added that since it is all one parcel there is no way to just designate the house as the historic landmark. Miklo added that according to the guidelines there is flexibility with the modern addition and garage in the back. DEVELOPMENT ITEM (SUB18-00002): Discussion of an application submitted by University Lake Partners, II for preliminary plat of Forest Hills Estates, a 53.29 -acre 5 -lot subdivision with 4 residential lots and 1 commercial office lot located south of Interstate 80 west of Prairie Du Chien Road. Planning and Zoning Commission March 12, 2018 — Work Session Page 5 of 6 Miklo noted that the Commission recommended approval of rezoning this area a few weeks ago, this action would be to create the various lots that were shown in the zoning plan. Lot one is for the commercial office, lot two for seven townhouses, lot three for the senior housing, lot four for townhouses, and lot five for townhouses. Outlot A would be permanent open space and preservation of the woodlands. Miklo stated this item was deferred at the last meeting because the stormwater management had not been approved by the City Engineer, they are still working through that with the goal of having an approved plan by Thursday night. If the City Engineer does not sign of on water management by Thursday, Staff will recommend deferral. Theobald questioned the senior housing and didn't recall that designation in the original proposal. Miklo said it will be senior housing but that is not something that his noted on a plat. Freerks added that the staff report only indicated multi -family which is very open-ended so having it specified as senior housing would be better. Miklo said that once this plat is approved, if the applicant tried to change it to conventional multi -family it would not meet the parking code requirements. Miklo also pointed out the Outlot B will be dedicated to the City and become part of the right-of- way for Foster Road. DEVELOPMENT ITEM (SUB18-00003): Discussion of an application submitted by Stewart Road Development, LLC for a preliminary plat of Pine Grove Estates, a 4.59 -acre 4 -lot residential subdivision for property located at 3910 Stewart Road NE in Fringe Area A of the Iowa City/Johnson County Fringe Area Agreement. Bochner stated this property is in the County, located on Stewart Road, in Fringe Area A so therefore with this County subdivision the City has to approve, but the subdivision can still be built just to County standards. The Comprehensive Plan for this area is the Fringe Area Agreement which is created by Johnson County and the City of Iowa City together, and the intended land use for this area is residential. What the applicant is proposing is to split one lot into four, each lot is slightly over an acre with access from a private drive. The water and sewer would be through private water well and septic with the County Health Department standards met. For stormwater management they are showing some bioswales located on either side of the proposed road. The current zoning is County residential with a minimum lot size of one acre. Freerks asked about the turnaround and if it was sufficient for fire safety. Miklo stated it is, the total area is five acres so there will be plenty of open space for emergency equipment. Miklo pointed out Rapid Creek and said that is the furthest north the City plans to annex so that is why the Fringe Area Agreement allows a lot more flexibility in this area, as there are no plans to annex this area into the City. Theobald questioned the access road off Steward Road, noting it is right before a very sharp curve there. Miklo noted that the County Engineer had to approve the road. Adjournment: Parsons moved to adjourn. Signs seconded. A vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2017-2018 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 6115 7/6 7/20 8/3 8117 917 9/21 10/5 10/19 11/2 1217 12121 114 1/18 2/15 3/1 (W -S) 3/12 DYER, CAROLYN X X X X X X X X X O/E X X X X X X X FREERKS, ANN X X X X O/E X X X X X O/E X X O/E X X X HENSCH, MIKE X X X X X X X X X X X X X X X X O/E MARTIN, PHOEBE O/E X X X X X X X X X X O/E O/E X X X O/E PARSONS, MAX X X X X X O/E X X X X X X X X O/E X X SIGNS, MARK X X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X O/E X X X X X X X X O/E X O/E X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member