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2017-03-02 Info Packet
I = 1 �.� 9=9 CITY COUNCIL INFORMATION PACKET CITY OF IOWA CITY www.icgov.org March 2, 2017 IN Council Tentative Meeting Schedule MARCH 7 WORK SESSION IP2 Work Session Agenda IP3 Johnson County CIT initiative PowerPoint IP4 Memo from Mayor: Climate Action proposal IP5 Memo from City Manager: Washington Street Traffic Control MISCELLANEOUS IP6 City Council Pending Work Session Topics I137 Article from City Manager: NLC Preemption report I138 Article from City Manager: Should Online Shopping Change How We Use Space IP9 Civil Service Entrance — Custodian - Government Buildings IP10 Building Statistics — February 2017 DRAFT MINUTES I1311 Planning and Zoning Commission: February 2 IP12 Public Art Advisory Committee: February 2 r City Council Tentative Meeting Schedule 3 ;C Subject to change y" March 2, 2017 CITY OF IOWA CITY Date Time Meeting Location Tuesday, March 7, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 21, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 4, 2017 5:00 PM Joint Meeting ICCSD Board ICCSD Adm Bldg. 1725 N. Dodge St. Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Emma J. Harvat Hall Monday, April 17, 2017 TBA Joint Entities Meeting North Liberty Tuesday, April 18, 2017 5:00 PM Joint Meeting Telecomm Comm Emma J. Harvat Hall Work Session 7:00 PM Formal Meeting Tuesday, May 2, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 16, 2017 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Wednesday, May 24, 2017 5:00 PM Joint Meeting JC Brd of Supervisors TBD Work Session IP2 "m1ll` CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX WWW.icgov.org City Council Work Session Agenda Tuesday, March 7, 2017 Emma J. Harvat Hall - City Hall 5:00 p.m. Update on Johnson County CIT initiative ■ Mayor's Climate Action Project Memo ■ Washington Street Traffic Control - Clarification of Agenda Items - Information Packet Discussion [March 2] Iowa City Council Meeting March 7, 2017 Access Center Why do we need a Behavioral Health Access Center? What is the Business Plan? How Do We Pay for It? Steering Committee Jessica Peckover, Jail Alternatives Janet Lyness, County Attorney Jan Shaw, MHDS • Ron Berg, Prelude • Diane Brecht, AbbeHealth • Stephen Trefz, AbbeHealth • Becci Reedus, Crisis Center • Crissy Canganelli, Shelter House • Steve Dolezal, Sheriff's Office • Dr. Rick Dobyns, University of Iowa/President's Office • Dr. Michael Flaum, University of Iowa Psychiatry • Lance Clemsen, UIHC Emergency Department Levi Kannedy, UIHC Emergency Department Concern about lack of psychiatric beds statewide . Lots of news about closure of Mental Health Institutes . Does Iowa have enough psychiatric beds? . Functionally - No! • Structurally - Maybe . Must look at the whole array of services Who do we see in the ER and Psychiatric hospital? . People in crisis - not necessarily people with serious mental illness . People who have multiple, co-occurring problems including: Substance abuse *Trauma (often complex and multigenerational) * Homelessness ♦ Joblessness / underemployment *Criminal justice issues Hitting the wall . When people "hit the wall", they go to the ER (we've taught them to) . From there, the majority wind up in acute inpatient units • ...go to Midas, get a muffler . If a hammer is the only tool you have, you tend to see most problems as nails Sub Abuse Treatment (Inc. detox) General Emergency Room Hospital AILUTO O • Psychiatry (tele?) 23 Hour Beds (sobering up) 01 1W. ter• lccess Center 1~ 2C Peer Support Jail Diversion Behavioral Health Access Center Crisis Case Management Primary Medical Care Dedicated 24/7 Staff F, Crisis Stabilization Beds L (< 1 week) , Shelter Rapid Rehousing Family & Natural Supports Looking at other Models • San Antonio's Restoration Center . Kansas Model . Miami Dade Model INFLOW Law Detox Enforcement Sobering Unit Drop Off Evaluation Capacity 9 Unit Psych PA, BSN/MSW 10 beds 5- 10 beds ER / Hospital Medical Case 23-46 hr. obs. beds Management 10 beds Walk-in Urgent Primary Short term care Care Mobile Crisis J Security ---------- ------- Food Community Low Barrier Shelter Agencies (� 40-60 "bed" capacity) OUTFLOW Longer SA Treatment ER / Psych Hospital Crisis Stabilization Beds (-5) < 1 week Shelter House Other Housing Natural Supports Diverting unnecessary hospitalizations, and actually helping people . Crisis stabilization • Non -hospital based • Short-term crisis case management . Connect patients to ongoing supportive services • Housing supports • Vocational supports • Substance abuse services • General medical services We need to start doing what works . Common sense approaches . Approaches that are working elsewhere • Stop medicalizing everything . Medicalize what makes sense to medicalize • Use hospital-based resources appropriately . Housing First 9 People helping people Situation Law enforcement in Johnson County and surrounding areas have seen an increase in behavioral health calls. These calls can be time intense, taking officers away from other calls/duties There are two (costly) options for law enforcement: . Jail . Emergency Department Both are overwhelmed by behavioral health needs • Other communities have developed "access centers" or campuses to provide a more appropriate solution for individuals either in behavioral health crisis or experiencing other psychosocial issues Background • Johnson County jail is over -capacity and the county is spending significant amounts to house inmates out of county . Emergency Departments have seen an increase in the average Length of Stay (LOS) for behavioral health patients, as options are often limited . Many residents in behavioral health crisis end up with mental health and substance use -related criminal charges . Neither jail or the emergency department are the best environment to provide behavioral health intervention or resources for these individuals Proposal =Options Our long-term vision for the Access Center includes the following elements: • Sobering Unit • Detoxification • Crisis Observation (-23 hours) • Crisis Stabilization (-5 days) • Low -barrier Shelter (year-round) • Expanded Mobile Crisis Outreach Coverage • Medical Urgent Care from nearby Community Health Care Center and 24 hr telemedicine Due to funding, we could start with the following: 10 -bed Sobering Unit 10 -bed Detoxification 10 -bed Crisis Observation (-23 hours) 5 -bed Crisis Stabilization (-5 days) Low -barrier shelter (winter only, 5pm-8am) Mobile Crisis Outreach at current capacity 24 hr Medical assessment (telemedicine) and first aid Assessment . Excluding the Low -Barrier Shelter and Mobile Crisis Outreach, this staffing model would be used 24/7/365 but could be modifieo' based o�n ;:^Iume: Year 1 Revenue Growth Year 2 $15,375 Year 3 2.5% Johnson County* $15,000 $15,759 Iowa City* $20,000 $20,500 $21,013 Coralvil le' $2,500 $2,563 $2,627 North Liberty* $0 $0 $0 Mobile Crisis" $254,086 $260,438 $266,949 Philanthropy* $26,000 $26,650 $27,316 0 Patient Revenue $1,825,000 $1,870,525 $1,917,391 Detox $657,000 $673,425 $690,261 Crisis Obs $657,000 $673,425 $690,261 Crisis Stabilization $511,000 $523,775 $536,869 Sobering $0 $0 $0 0 Total Revenue $2,142,585 $2,195,151 $2,251,054 Operating Expenses: Personnel 2.5% 2,084,606 2,136,721 2,190,139 Food 25,000 25,625 26,266 Overhead 200,000 205,000 210,125 Utilities 93,000 95,325 97,708 Grounds 12,000 12,300 12,608 Maintenance/Repairs 50,000 51,250 52,531 2,464,6061 2,526,2211 2,589,377 $322,020) ($330,071) ($338,32lip 111111 2) .. .. ... Total Operating Expenses Net Income Initial Financials Capital Cost o Projected capital costs: Up to $7 M 0 15,000-16,000 Square Feet o Footprint remains the same for Phase 1 and Vision Proforma - Phase 1 o Projected annual operating budget: $2.46 M o Personnel salaries: $2.1 M o Projected revenue (current contributions + projected healthcare reimbursement) : $2.1 M Proforma - Vision Projected annual operating budget (include salaries): $3.7 M Personnel salaries: $2.8 M Projected revenue from health care reimbursement: $2.1 M Initial Financials . Capital Cost • Projected capital costs: Up to $7 M • 15,000-16,000 Square Feet Footprint remains the same for Phase 1 and Vision Proforma Phase 1 • Projected annual operating budget: $2.46 M • Personnel salaries: $2.1 M • Projected revenue (current contributions + projected healthcare reimbursement) : $2.1 M Proforma Vision Projected annual operating budget (include salaries): $3.7 M Personnel salaries: $2.8 M Projected revenue from health care reimbursement: $2.1 M Sequencing of Service Units . Renovation . P ros . Cons . New Building . P ros . Cons Background -Our Community Population • Coralville — 20,608 • Iowa City — 74,220 . Ambulance Transport* • Johnson County — 34,492 • North Liberty — 18,225 ■ Coralville - 17.4% • University Heights — 1,125 • University of Iowa — 31,387** ■ IOWA City — 58.9% Arrest by Agency* ■ Johnson County —11.8% • CVPD - 11.7% ■ North Liberty — 7.4% • ICPD - 56.8% . JCSO - 10.4% ■ University Heights - .3% • NLPD - 6% • UHPD - 1.1% ■ University — 1.4% • UIPD - 11.2% ■ Other — 2.8% • Other - 2.8% *5 -Year Average **2014 Total Enrollment Capital Cost Request by Jurisdiction • Johnson County $2.5 M . City of Iowa City $2.5 M . Cities of Coralville & North Liberty $1.0 M • Other JC Cities . Total $0.5 M $6.5 M Questions? IP4 Julie From: Jim Throgmorton Sent: Monday, February 27, 2017 1:04 PM To: Council Cc: Pauline Taylor; John Thomas; Susan Mims; Kingsley Botchway; Terry Dickens; Rockne Cole; Geoff Fruin Subject: Climate Action proposal Attachments: Mayor's Climate Action proposal.docx Fellow Council members, Please see the attached memo concerning a Climate Action proposal. Please do not "reply to all." Mayor Jim Throgmorton Iowa City City Council, At -Large To: City Council From: Mayor Jim Throgmorton Subject: Climate Action Project Date: February 27, 2017 On April 22, Earth Day, there will be a `Barbara Schlachter Run/Walk for Victims of Climate Change" event. It will begin 9 a.m. at Lower City Park and conclude at the Lodge in Terry Trueblood Park. Proceeds from this event will be donated to the American Red Cross. Details can be found at: https://www.facebook.com/runforclimatechange/ This public event will provide a perfect opportunity for us to formally initiate our full Climate Action planning initiative. By that date, we will have hired a technical consultant, appointed members to our Climate Action Advisory Committee, and approved a FYI budget that includes $150K for climate action projects. The event would also provide a great opportunity to announce specific climate actions that Iowa City will undertake early in FYI 8. Last year, we chose to invest in energy efficiency audits for our public housing units. That was a good decision for that moment. But political changes at the national and state level have created a very different context. In this new context, I strongly believe we need to take positive actions that will symbolize our commitment to climate action, will inspire and energize Iowa Citians, and will thereby help build strong public support for our climate action effort. With this new context in mind, I ask you to consider instructing staff to pursue two specific initiatives, which could be announced on April 22: first, to create a $25K Climate Action Grant program, and, second, to install a significant army of solar (PV) panels at a specific site. Climate Acton Grant Program. The Climate Action Grant program would provide seed grants for small community-based projects or events that are designed to stimulate additional community-based action. Details remain to be worked out, but this program would be structured much like our existing Social Justice and Racial Equity and our Neighborhood PIN grant programs. Solar Array. The solar array would be a substantial ground -mounted installation located near the Sewer Treatment Plant. Unlike other possible locations which are served by MidAmerican and thus would achieve very little reduction in carbon emissions, the sewer plant site is served by Eastern Iowa Light and Power and hence would achieve a greater reduction in carbon emissions. If technically feasible, the solar array would have a distinctive artistic design that would be visible from the sky. Details related to the solar array are provided at the end of this memo. I intend to bring this Climate Action proposal up during our March 7 work session. Please be prepared to share your views during that meeting. Ifyou sypport it, perhaps with modifications, rve could instruct staff to proceed. Background information about the solar array: Geoff and I have discussed the pros and cons of the proposed solar array as well as possible locations for such an array. He will be ready to discuss the staffs advice during the work session, but here's a summary as I understand it: • We don't have a roof that is 'solar ready'. Thus, any roof mounted project would come at greater expense and require more planning time. Our best opportunity for a large roof mounted array would be with the Phase 1 public works facility (2018-19). • A gzound mounted array appears to be the best option in terms of cost-effectiveness and ability to move up ickly. We would have to fence in any ground mounted array for security reasons. • With a ground mounted array, we could create an artistic layout that would be visible when looking down on the array from the sky. This might bring more attention to the project. • If visibility to the public is important, staff would be inclined to target the water plant. Mercer Park or the TTRA/Nayoleon Park condor. Staff would recommend avoiding the public works campus itself, due to the amount of construction expected that to take place on the site in the next 1-20 years. • The airport or sewer plant would be less visible but perhaps more viable locations. The sewer plant is served by Eastern Iowa Light and Power, which is not as fully invested in wind energy as MidAmerican. Given Mid American's commitment to have wind turbines generate 89% of the electric energy sold to retail customers in Iowa (htti)s://www.n3idamericanenergy.com/wind-energy-asl)x) it may be that we want to target the sewer plant opportunity. • We should not expect the standard economic return on investment numbers to look very good. Staff advises that the Council would need to clearly lay out the non-financial benefits of a solar army. • At this point staff just needs direction to prepare an RFP. If the numbers come in and Council is not comfortable with them, we simply walk away at that time. Geoff further reports we could finance a new solar array either by using all or part of the $150K in our FY 18 budget, or by entering into a Power Purchasing Agreement with a private firm. The latter would eliminate upfront costs but increase our electric operating costs for 15-20 years (after which the electricity would essentially be free). Last, Geoff indicates that an RFP process would take a few months to complete, so the best -case scenario would involve a fall installation. rNote from Jim: Geoff's point about economic return on investment does not include the "negative externalities" associated with carbon emissions. During the last few years of the Obama administration, the Office of Management and Budget used —$37 per ton of emitted carbon as the "shadow price" for federal agencies to use when making major investment decisions. Likewise, prominent Republicans affiliated with the Climate Leadership Council recently proposed a a new $40 per ton per year tax on carbon emissions (hos://www.cicouncil.orgLW- content/uploads/2017/02/TheConservativeCaseforCarbonDividends.i) ). Their proposal is very similar to the "fee and dividend" approach sponsored by the Citizens Climate Lobby. If we instruct staff to include a "shadow price" for carbon emissions in our capital investment decisions, the return on investment numbers would look better, especially for the sewer plant site.] r CITY OF IOWA CITY IP5 MEMORANDUM Date: March 1, 2017 To: City Council From: Geoff Fruin, City Manager Re: Washington Street Traffic Control The January 12th Information Packet included a memo outlining options for permanent traffic control measures at the intersections of Washington Street and Linn and Dubuque Streets. A copy of that memo follows this correspondence. The City Council deferred a decision on traffic control devices in order to have a few more months of experience with the temporary stop signs that are currently in place at those intersections. City staff has received little feedback on the temporary stop signs and has not noticed any significant issues with pedestrian or vehicular flow. With spring approaching the city needs to communicate a decision to the contractor so work can be completed and the project can be closed out in a timely manner. Staff is requesting that Council provide direction on permanent traffic control measures at these two intersections. P t® CITY O F IOWA CITY IP4 �'s", MEMORANDUM Date: January 10, 2017 To: City Council From: Geoff Fruin, City Manager Re: Washington Street Traffic Control Introduction As part of the Washington Street reconstruction project the intersections with Dubuque Street and Linn Street are set to receive upgraded traffic signal equipment. The installation of the new signals was planned for last fall, however project delays have pushed the work into the winter and spring of 2017. Over the last few months, the intersections have operated with temporary stop signs. Recently, Councilman Thomas raised the question as to whether permanent stop signs at these locations would serve the area better than the planned replacement signals. This memo aims to share staff's rational during the planning phase for choosing to replace the signals and lays out the implications of switching to stop sign control at this point in the project. Traffic Control and Accommodation Vehicular traffic flows at these two intersections can be managed by stop signs or traffic signals. During the planning phase of the Washington Street project staff had extensive internal conversations about the appropriate traffic control measures. Those discussions weighed issues such as cost, aesthetic impact, pedestrian and vehicular accommodations, and accommodations for those with disabilities. While stop signs are a lower cost solution and have more appealing aesthetic qualities (e.g. less intrusion into sightlines, no light pollution), it can be difficult for vehicles to find gaps to safely navigate the intersections during high pedestrian traffic flows (class changes, special events, etc.). This is particularly the case when pedestrians do not alternate with vehicles, which happens frequently due to sustained heavy pedestrian flows. In choosing to replace the existing signals, staff also weighed the needs of visually impaired individuals. By installing audible pedestrian indications, persons with visual impairments can more safely cross the intersection. Such accommodations have already been installed at the Clinton and Washington intersection, although this feature has not yet been activated. It has been staffs intention to add audible notifications at each intersection downtown as signals are replaced. Numerous signals are planned for replacement in the coming years along, Burlington, Clinton, Madison, and Gilbert. Audible notifications are recommended by the United States Access Board and prevailing thought is that they soon will become required when adding or upgrading signal equipment. Regarding the Linn Street intersection, there are lower pedestrian flows and generally less need for signals based on traditional measures. For the disability accommodation mentioned above, and due to the proximity of the Senior Center and Ecumenical Towers, and the needs of individuals using those facilities, staff felt signalized crossing accommodations were most appropriate. It should be noted in the ad-hoc Senior Center report one recommendation was to provide longer pedestrian crossings periods at the Linn Street intersection. January 10, 2017 Page 2 Cost Implications The signal equipment for both intersections has been purchased and is not returnable. The cost of the two signal sets was approximately $115,000. It is possible that the signals from one intersection could be incorporated into the Pedestrian Mall reconstruction project, which plans to replace the College and Clinton signals near the Old Capitol Town Center. The City may also be able to use some components of unused traffic signals to repair existing signals in the downtown area. Other costs to the City that would result from changing course at this time are negligible. Essentially, the credit we would receive on labor associated with the signal installation would be negated by the removal of the signal footings and related sidewalk repairs. Staff estimates the life of a traffic signal set at 40 years. The lifecycle cost to operate and maintain such equipment is estimated at $2,500 per year. Some this cost reflects staff labor, therefore the City would not necessarily realize this exact cost savings if it switches to stop sign controls. Options to Proceed The City Council can direct staff to move forward in one of three ways 1.) Complete the project as originally planned with two signalized intersections 2.) Change one of the intersections to stop sign control 3.) Change both of the intersections to stop sign control Staff believes either control method can adequately manage the traffic flows at these intersections. Our recommendation is to provide the signals in order to provide the safest crossing conditions during heavy travel times and in order to provide audible crossing indicators for visually impaired individuals. wmFv�� Hwy._ CITY OF IOWA CITY UNESCO OT OF OTEM7EURE PENDING CITY COUNCIL WORK SESSION TOPICS March 1, 2017 Strategic Plan / Budget Related Topics: 1. Provide timely and appropriate input on the ICCSD's planned 2017 bond referendum 2. Significantly improve the Council and staff's ability to engage with diverse populations on complex or controversial topics 3. Identify and implement an achievable goal to reduce disproportionality in arrests 4. Identify a substantive and achievable goal for the provision of affordable housing in Iowa City and implement strategies to achieve this goal 5. Determine scope of Council identified complete streets study 6. Discuss expectations for working with the ICCSD, Kirkwood Community College, Iowa Works, labor organizations, and others to explore the feasibility of an industrial arts/crafts facility in Iowa City Other Topics: 1. Review the Child Data Snapshot (IP2 2/18) and discuss related strategies with local stakeholders 2. Discuss creation of an ad-hoc committee on social justice and racial equity 3. Bookmobile tour (May 2) 4. Joint meeting with Johnson County (May 24a') 5. Joint Meeting with ICCSD (April e) 6. Joint meeting with the Telecommunications Commission (April 18,') 7. Review the Equity Report and discuss strategic plan goals relating to disproportionate minority contact 8. Neighborhood stabilization City Rights in an Era of Preemption: A State -by -State Analysis 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 218 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-Zidell and JoFlla Straley for designing the report. 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. Photo credits: All photos Getty Images 2017 2017 © National League of Cities Table of Contents 1 From the Director 3 Introduction 6 Minimum Wage 8 Paid Leave +F Anti -Discrimination 12 Sharing Economy 17 Municipal Broadband 20 Tax and Expenditure Limitations 23 Other Areas of Preemption 24 Recommendations & Conclusion A City Rights in an Era of Preemption From the Director State preemption is a threat to local control and city success. Our nation's local elected leaders work tirelessly every day to reflect their community'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. 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. We see many instances where state -level politicians work to usurp 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. Consistently, state legislators have stricken down laws passed by city leaders in four crucial areas of local governance: economics, social policy, health and safety. Our report, "City Rights in an Era of State Preemption," 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 laws 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 LGBTQ 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. 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. � a f �l-�{! nn Eiu Ii.Y .•� lrae� Mrs Rw ` I Mmlffimmll .. -- .Af rR _r � a f �l-�{! nn Eiu Ii.Y .•� lrae� Mrs Rw ` I Mmlffimmll .. -- .Af 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 2016 election cycle, Republicans have twenty-five government trifectas, meaning they control both legislative chambers and the governor's office. Democrats have trifectas in six 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 in it. Overview of Findings Our state -by -state analysis of preemption focused on the following seven policy areas: minimum wage 2, paid leave 3, anti-discrimination4, ride sharing=, home sharinge, municipal broadband? and tax and expenditure limitations.8 Policy # of States with Preemption Minimum Wage 24 Paid Leave 17 Anti -Discrimination 3 Ride Sharing 37 Home Sharing 3 Municipal Broadband 17 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 LIa. Anti discrimination Ride sharing ® Tax and Expenditure ,-' Paid leave Home sharing Municipal broadband Limitations (TELs) OIO NC CT VT�.....r.., M y Ar r 1, *x P JP V �...................... X ................._ .... "."..... o a ............m , ....................... "a,r;, * ....... 3 _........ ....... .r ..........................................._ .. ........... Z �.. . 3 z=I _..... __..._.... y ................. ....._...._.... a........, • z O ......... ........s• �`, t�`, a .- ♦;,: O , l ON ' C O 'JO O O ------------------------ City Rights in an Era of Preemption Dillon's Rule vs. Home Rule The U.S. Constitution does not mention local governments. Instead, the 1011' 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 (Dillion's Rule) or broad (Home Rule) governing authority to cities, defined in the state constitution and/or by statute enacted by the legislature.9 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 Dillion's Rule and Home Rule is important but often overlooked in discussions of preemption. Cities in Dillion's Rule states are broadly preempted in many of the areas discussed in this report. However, there are many instances of larger cities in Dillion'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..." "It 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 laws. Movements to increase wages to $10.10 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 laws. 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 Iowa is a state with an increasing patchwork of minimum wage laws. In five of its 99 counties, particularly the more urban ones, minimum wages have increased above the state level's In Johnson County, for example, wages are now $10.10 per hour, except for those municipalities that vote to opt out. Four cities in the county have set a minimum wage at the state level of $7.25, but all have the authority to raise wages to any level above that. Because of the potential for variation Twenty-four 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 and North Carolina are two 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 (ALFC)12 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" 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 14 The 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. and confusion, especially for cities that straddle multiple counties, the governor is backing preemption legislation. It will likely pass, but it is unclear if the new law will raise wages across the state. 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 both sick and 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 M 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 Seventeen 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. 17 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 laws 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.2O economy, in part, to the recent expansion of paid family and medical leave laws. Approximately 3.4 million public and private employees are now protected, 1.2 million of whom were previously subject to the loss of jobs and pay in the event of serious illneSS24 I/ It 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.' 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 identity 28 However, in 2011, Tennessee became the first state to prohibit local Preemption By State States with anti -d iscri mi nation 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.2s HB2 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, HB2 made the workplace and public accommodation discrimination ordinances of more than a dozen North Carolina cities illegal 26 HB2 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, HB2. 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 11 North Carolina faced strong pushback immediately after enacting HB2. 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 HB2. However, after the City Council repealed the full ordinance, the state legislature kept HB2 intact. struck down a state constitutional amendments 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. Thirty-seven 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. 30 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 TNC's 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 legally 31 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 pre-empting 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 1s 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 Likely because of the hyper - local nature of neighborhood zoning laws, far fewer state i legislatures have preempted city authority over home sharing. To date, only three state legislatures in Arizona, Florida, and New York have passed laws that restrict local authority on these issues. to prohibit any advertising of such illegal rentals, essentially blocking the platforms that individuals might use to do s033 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 law.34 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 state 35 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 State S36 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 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. A total of 17 states have preempted their municipalities from �. establishing a public broadband service. 17 Municipal Broadband Challenges at the Federal Level In recent years, two public providers, the Electric Power Board of Chattanooga, Tennessee., and the city of Wilson, North Carolina, 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 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 sec.), or may prohibit municipalities over a certain size from providing telecommunications services (i.e. Nevada Statutes § 268.086, § 710.147). 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 16, 2015, the FCC preempted the provisions of North Carolina and Tennessee law that blocked expansion of municipal service beyond utility customer boundaries.'s 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. 18 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 611' 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 4' 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. 1 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-arounds, 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 ^s 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.' 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 4' 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. Eight states have laws that preempt localities from a wide range of nutrition -based regulations, from portion sizes to nutritional labeling to promotional games and toys 48 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 SO 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 Councils 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 has 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- co nservative-backlash-aga inst-m in im a m -wage -and -pa id - sick -leave -victories -sweeping -the -nation -61 f26429300a#. igy7umenw 3 "Preemption Map,' Grassroots Change, http:// grassrootschange.net/preemption-map/#/category/paid-sick- days 4 Platt, Elizabeth R., "States Attempting to Preempt LGBT- Friendly Municipalities;' Columbia Law School, http://blogs. law.columbia.edu/publicrightsprivateconscience/2016/02/1l/ states-attem pting-to-preem pt-Igbt-friend ly-mu nici pal ities/. 5 "Map of State -Level Ridesharing Laws;' R Street, June 1, 2016, http://www.rstreet.org/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, https://www.publicintegrity. org/2015/07/15/17656/state-state-gu ide-short-term-renta I - legislation 7 Bailer, James, "State Restrictions on Community Broadband Services or Other Public Communications Initiatives' The Baller Herbst Law Group, August 10, 2016, http://www.baller. com/wp-content/uploads/BallerHerbstStateBarriers8-10 16. pelf 8 Hoene, Christopher W. and Christiana K. McFarland, "Cities and State Fiscal Structure," National League of Cities, 2015, http://www.nlc.org/resource/cities-and-state-fiscal- structure-2015 9 National League of Cities, "Local Government Authority,' http://www.n lc.org/Ioca I -govern ment-authority 10 Clinton v. Cedar Rapids and the Missouri River Railroad, 24 Iowa 455 (1868) 11 Rivlin-Nadler, Max, "Preemption Bills: A New Conservative Tool to Block Minimum Wage Increases;' New Republic, February 29, 2016, https://newrepublic.com/article/l30783/ preemption -bills -new -conservative -tool -block -minimum wage-increases. reemption-bilIs-new-conservative-tool-block-minimumwage-increases. 12 "Living Wage Mandate Preemption Act;' American Legislative Exchange Council, January 28, 2013, https://www. alec.org/model-policy/living-wage-mandate-preemption-act/. 13 Bultman, Matthew, "Ky. High Court Strikes Louisville Minimum Wage Ordinance;' Law360, October 21, 2016, https:// www.law360.com/articles/854013/ky-h igh-court-strikes- Iouisville-minimum-wage-ordinance. 14 Barton, Ryland, "Kentucky Supreme Court Strikes Down Louisville Minimum Wage Ordinance;' WEPT, October 20, 2016, http://wfpl.org/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, http:// www.desmoinesregister.com/story/news/2016/l0/24/ bra nstad-backs-statewide-m in im um -wage -h ike/92673274/. 16 "Missouri Supreme Court Orders Kansas City Vote on Wage Hike;' Associated Press, January 17, 2017, http://www.stltoday. co m/business/local/m issouri-supreme-court-orders-ka nsas- city-vote-on-wage-hike/a rticle_5a7bael b-d39e-539e-acOe- la4lcclbcOOe.html. 17 Livingston, Gretchen, "Among 41 Nations, US is the Outlier 25 when it Comes to Paid Parental Leave;' Pew Research Center, September 26, 2016, http://www.pewresearch.org/fact- ta nk/2016/09/26/u-s-lacks-ma ndated-paid-pa renta I -leave/. 18 "DOL Factsheet Paid Family and Medical Leave;' U.S. Department of Labor, June, 2015, https://www.dol.gov/wb/ paid leave/PDF/Pa id Leave.pdf. 19 "State Paid Family Leave Insurance Laws;' National Partnership for Women and Families, April, 2016, http://www. nationalpartnership.org/research-library/work-family/paid- leave/state-pa id-fam i ly-leave-laws.pdf. 20 "Overview of San Diego's Paid Sick Time Campaign;' A Better Balance, http://archives.abetterbalance.org/ co m po nent/co ntent/a rticle/48-sick-leave/321-sa n -d iego- california. 21 Perretta, Seth, "Benefits Briefing: Paid Leave Laws & Challenges for Employers;' American Benefits Council, April 14, 2016, http://www.americanbenefitscouncil.org/pub/ d62851 fd-b3dO-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/ a rizona/2016/07/28/arizona-sued-over-ba n -cities -ma ndating- pa i d -s is k -I eave/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, https://www. networkforphl.org/ asset/2mxhl4/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://wwwl.nyc.gov/ offi ce-of-the-mayor/news/318-16/two-years-after-mayor-de- blasio-expa nds-pa id -sick -leave -one -mil lion-new-yorkers-city- s-economy. 25 Session Law 2016-3, House Bill 2 (N.C. 2016), http://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, http://www.charlotteobserver.com/news/ politics-government/article68401147.html. 27 Ellis, Emma G., "Guess How Much that Anti-LGBTQ Law is Costing North Carolina;' Wired, September 18, 2016, https:// www.wi red.com/2016/09/guess-m uch-a nti-Ig btq-law-costing- north-carolina/. 28 "Cities and Counties with Non -Discrimination Ordinances that Include Gender Identity;' Human Rights Campaign, January 28, 2016, http://www.hrc.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, https://www.bna.com/state-workplace- preemption-n73014444995/. 30 Du Puis, Nicole and Brooks Rainwater, "Shifting Perceptions of Collaborative Consumption;' National League of Cities, 2015, http://nlc.org/resource/shifting-perceptions-of- co llaborative-co nsu m ption. 31 Forster, Dave, "Virginia DMV Orders Lyft, Uber to Stop Operating;' Virginian -Pilot, June 6, 2014, http://pilotonline. co m/news/Ioca/tra nspo rtatio n/vi rg in is -d mv-orders-lyft- u ber-to-sto p -o perati ng/article_bdd38b84-0358-5916-aa87- 40ddee6le898.html. 32 "Denver Short Term Rental Portal;' City of Denver, https:// www.denvergov.org/STRapplication/. 33 Nunez, Michael, "New York Law Bans Airbnb Short Term Rentals." Gizmodo, October 21, 2016, http://gizmodo.com/new- yo rk-law-bans-a i rbn b -s ho rt-te rm-re n to Is -1788086399. 34 Benner, Katie, "Airbnb Sues over New Law Regulating New York Rentals," New York Times, October 21, 2016, https://www. nyti mes.com/2016/10/22/technology/new-york-passes-law- airbnb.html. 35 Bennett, Macaela, "Is Airbnb Good For Arizona7' The Arizona Republic, July 27, 2016, http://www.azcentral.com/ story/news/politics/legislatu re/2016/07/27/a i rbn b -a rizona- 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, https://muninetworks.org/sites/www. muninetworks.org/files/White-House-community-based- broad ba nd-repo rt-by-executive-office-of-the-president_l.pdf. 37 Koebler, Jason, "The City That Was Saved by the Internet;' Vice, October 27, 2016, http://motherboard.vice.com/read/ chattanooga-g iga bit -fiber -network. 38 Kruger, Lennard G. and Angele A. Gilroy, "Municipal Broadband: Background and Policy Debate;' Congressional Research Service, April 6, 2016, https://fas.org/sgp/crs/misc/ R44080.pdf. 39 In the Matter of City of Wilson, INC, 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 (FCC.), 2015 WL 1120113 40 State of Tennessee v. Federal Communications Commission, No. 15-3291/3555 (6th Cir.), http://goo.gl/JW9j Fj 41 Greenblatt, Alan, "Beyond North Carolina's LGBT Battle: States' War on Cities;' Governing, March 25, 2016, http://www. govern i ng.com/to pics/pol itics/gov-states-cities-preem ption- 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, http://engagedscholarship. csuo hio.edu/u rban_facpu b/530 43 This less (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, http:// www.ncsl.org/research/environment-and-natural-resources/ plastic -bag -leg islation.aspx. 47 "Local Authority to Regulate Firearms;' Law Center to Prevent Gun Violence, http://smartgunlaws.org/gun-laws/ policy-areas/other-laws/loca I -authority/. 48 "Preemption Map;' Grassroots Change, http:// grassrootschange.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://furmancenter.org/files/publications/ IZPolicyBrief.pdf. 50 "National Survey of Statutory and Case Law Authority for Inclusionary Zoning;' National Association of Home Builders, June, 2007, http://www.hbact.org/Resources/Documents/ Files%20H-K/inclusio na ry%20zon i ng%20ma nua l-na hb%20 j u n e %202007- h o l l i st e r. p d f. 51 "Rent Control Laws by State;' National Multifamily Housing Council, http://www.nmhc.org/Research-Insight/Rent-Control- Laws-by-State/. 26 City Rights in an Era of Preemption 27 28 NLCNATIONAL LEAGUE OF CITIES Should Online Shopping Change How We Use Space? -- Rooflines Published by the National Housing Institute ROOFLINES The Shelterforce blog Should Online Shopping Change How We Use Space? I (sled by Randy Shaw on February 16. 2017 r` Like 18 1 Share r Page 1 of 3 From City Manager Fruin Should ground -floor use go from retail to housing? In San Francisco, the closing of once - popular San Francisco restaurants and the decline of longtime Union Square pillar Macy's raise a question: Have the fundamentals of urban retail changed? ry '� If the answer is yes, San Francisco could move to reduce retail requirements in new C '^ housing developments while adding badly needed housing, which would represent a dramatic change in 'best practices' for urban neighborhoods. Jane Jacobs's support for mixed-use development with "eyes on the street" has long been seen as the best urban design strategy, but this vision assumed that the retail under housing could be rented. What if it cannot? Or, what if the only market for these retail spaces are for offices dosed on evenings and weekends? Such uses do not offer the ongoing street activity that mated Jacobs's famed street "ballet." As San Francisco and other large cities combat their housing shortages, the requirement that ground -floor space under housing be for retail should to be open to debate. We may conclude that the city should not be giving up housing units for retail spaces that are not wanted or needed. National Trend An intnauma article out of New York City found that despite the economic upturn, vacancy rates are up in every Manhattan retail corridor. Some argue that unlike past downtums, this one is not cyclical. Brokers believe that 'brick -and -mortar retailers will shrink dramatically during the next few years, so supply of retail space will outweigh demand for h." I recall that over a decade ago, Berkeley Daily Planet Editor Becky O'Malley questioned whether Berkeley had too much retail in light of people's shifting purchasing activity to the Internet. Urban America's buying habits have shifted even more dramatically since that time, raising questions as to whether it's time to rethink the popular model of mixed-use development. Like nearty everyone else, I prefer the look of mixed-use streets. I bemoan the Tendedoin's unusual lack of mixed-use housing, despite challenges finding quality tenants for existing spaces. Jacobs was correct: mixed-use streets are more interesting, and have more energy and foot traffic. So before we give up on mixed use, let's consider how San Francisco and other cities can maintain successful retail in an online world. February 21, 2017 2'.46 pm LATESTISSUE AUTHOR LOGIN email address password lost? 59IT Remember me 10 FIN m Facebook SIGN UV FOR SHELTERFORCE WEEKLY, OUR FREE E-NEWSLETTERI Email* Name* Company Subscribe M http://rooflines.orgl4780/should_online_Shopping_phange_how_wc_use_space/ 2/21/2017 Should Online Shopping Change How We Use Space? -- Rooflines A Sense of Community Restaurants, bars, and entertainment venues offer something the online world cannot easily duplicate: a sense of community. Watching a musical or theatrical performance on a computer screen won't have as big of an impact as watching a live performance. And you can't get a late or a bottle of whiskey delivered to your door minutes after ordering it online. I actively try to recruit retail in San Francisco's Tenderloin, and restaurants, bars, cafes, and entertainment venues are the only businesses that have ever thrived. I explain in my book, The Tenderloin: Sex. Crime and Resistance in the Heart of San Francisco, even in the neighborhood's boom years that ended in the 1950s, the Tenderloin never had many neighborhood serving businesses. It never had a successful clothing, hardware, or full- fledged grocery store. The neighborhood once had used book stores, a record store, and a sporting goods store, but they are long gone. Nearly all new Tenderloin businesses are restaurants, bars, cafes, or nonprofits that are not dependent on a local paying customer base. The few relatively new clothing and retail stores are the clear excepfion. It seems that all of the San Francisco streets that have been transformed in the past decade—such as Valencia, Divisadero, and Hayes—saw the process driven by this type of business. New condos and other types of retail played a part, but the visual look of the streets changed most due to the core internet-immune retail businesses. Cities Must Help In the non -gentrified neighborhoods that struggle to attract and maintain non-food retail business, city assistance is essential. San Francisco's Office of Economic and Workforce Development operates an Invest in Neighborhoods program that offers up to $75,000 in city assistance to qualifying new small businesses. Technical assistance from city staff is invaluable, but attracting non-food retail to ground -floor commercial spaces often requires actual financial city assistance, that's why San Francisco's Legacy Business program also includes grants. Even longtime successful businesses need help in the current economic environment. City staff must also provide a reality check for landlords seeking retail tenants. Many have a grossly inflated valuation of their space that results in long-term retail vacancies. These vacancies create a negative retail climate that makes others hesitant to enter. The mid -market neighborhood was long plagued by owners leaving spaces vacant while they held out for higher rent. I've seen spaces in Berkeley where the longtime retail tenant was forced to move after a steep rent increase only to have the space remain vacant for years. Flexible Approach For all that the city can do, it may be time for planners and city officials to take a more flexible, reality -based approach. The days of"if you build it, a retail tenant will come" appear to be gone. The former Market Street Place (now 6 X 6) described by JK Dineen in the San Francisco Chronicle as "the biggest and most ambitious retail development in San Francisco since the Westfield San Francisco Centre expansion" a decade ago remains without a tenant. Men a beautiful new development like this cannot easily get tenants, think what that means for those trying to rent other non-food retail in the same area. Should San Francisco bite the bullet and accept that the city needs housing more than new retail, and that online shopping makes requiring retail in new developments not worth the housing loss? Panners and/or supervisors need to convene a public meeting to discuss the ground- floor use issue. One idea is to allow developers to split ground -floor space 50-50 between retail and housing, so we get some eyes on the street without sacrificing needed units. As developers are being asked to pay steeper inclusionary, housing fees, allowing additional ground -floor units could further a compromise. WMh thousands of housing units in the pipeline, now is the time to have this conversation. San Francisco should not be giving up desperately needed housing based on a past vision of mixed-use success that today's online buying has undermined. Page 2 of 3 Web Form Maker OTHER RECENT POSTS Sheltedorce Stands in Solidarity with #1`17 Art Matters—In Rural Classrooms and Beyond Housing and The "Flyover" Mentality Tenant Protections Are a Comerstone to Solving the Housing Crisis Three Dangers and an Opportunity BROWSE BY CATEGORY — Select Category — v BROWSE BY MONTH — Select Month — v SLOGROLL Afro-Nefizen Baltimore Slumlord Watch Blog for Our Future Bob Giloth's Blog Community Wealth Daily Kos DMI Blog End Homelessness EquityBlog FourStory Future Majority GLLIEspace Grassroots Economic Organizing Green is Good Gristmill.org http://rooflines.org/4780/should_online_Shopping_change_how_we_usq_space/ 2/21/2017 Should Online Shopping Change How We Use Space? -- Rooflines [A version of this post originally appeared on bevondchroo.orgt (Image: Victor Reynolds, via flickr, CC BY -NC -ND 2.0) ABOUTTHEAUTHOR more. Randy Shaw is executive director and supervising attorney of the Tenderloin Housing Clinic in San Francisco, as well as editor of Beyond Chron, San Francisco's alternative online daily. He is also the author of The Activist's Handbook, Beyond the Fields. Cesar Chavez, the UFW and the Struggle for Justice in the 21st Century, and The Tenderloin: Sex. Crime and Resistance in the Heart of San Francisco, all available on the NHI Bookshelf at Powells online. If you like this article, please subscribe to Shalterforce in print or make a small donation to keep Rooflines strong. Art Matters—In Rural Classrooms Shelterforce Stands in Solidarity and Beyond with #F17 There are no comments on this article yet. Start the discussion below. • • • • register or login NAME EMAIL ®r E] Notify me of folklw-up comments? Page 3 of 3 Huffington Post Institute for Comprehensive Community Development JCHS Housing Perspectives MACDC Blog MetroTrends Blog MoJO Blog Monarch Housing NACEDA Blog NCRC Blog New Bottom Line blog New Jersey Future Blog NHC Open House Nonprofit Quarterly NRDC Switchboard Organizing Times Prop"Prof Blog Smart Growth America Slog Talking Points Memo Tapped The Inclusive Ecnonomy: the CFED Blog The ITT List The Nation Blogs The SurRealEstate Think Progress Transportation For America Washington Independent National Housing Institute RESEARCH more BUDGET CUTS 8 JOB LISTINGS more N ao S. Fullerton 7042 #202 The Lona Road from COMMUNITIES Project Manager Montclair, 16 07042 C.J. Peete to Harmony Putting a Face on Reno, Nevada contact by Oaks contact by email the Budget Cuts » By Katy Reckdahl Site by Gndwork Design - ® 2017 National Housing Institute - Terms of Service UYUME SHELTERFORCE http://rooflines.org/4780/should_online_shopping_change_hoi _we_usq_space/ 2/21/2017 r 1 I IP9 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org February 16, 2017 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Custodian — Government Buildings 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 Custodian — Government Buildings. Jay Rutt IOWA CITY CIVIL SERVICE COMMISSION Lyra W. Dickerson, Chair City of Iowa City 2017 Building Statistics Value/Type of Construction January February March April May June July August September October November December TOTAL NON-TAXABLE Single Family -S 1,097,961 2,881,070 3,979,031 Number of Permits 5 11 6 Duplex -$ i Number of Permits _ Sororities 8 Fraternities - S Number of Permits Multiple Units 2,204,000 2,204,000 Number of Permits 4 4 Number of Buildings 4 4 Number of Dwelling Units 16 16 Mix- Commeieial/Residential 4,985,000 4,985,000 Number of Permits 1(foundabon) 1 Number of Buildings Number of Dwelling units Motels, Hotels - $ Number of Permits Churches-$ Number of Permits Industrial -$ 1,287,000 1,287,000 Numberof Permits 1 1 Service Stations - $ Number of Permits Hospitals 8 Institutions - $ Number of Permits -- Offices. Banks, Prof. - $ Numberof Permits Public Works 8 Utilities - $ Number of Permits I Schools -$ Number of Permits Stores 8 Customer Svc. - $ Numberof Permits j Misc. Strucbnesffences-$ 65 65 Numberof Permits 1 1 Remodel, Residembal-$ 6,384,201 462,198 6,846,399 Number of Permits 521 181 70 Remodel. Commercial -$ 486,469 332,928 819,397 230,000 Number of Permits 10 6 16 Remodel Public Works - $ Number of Permits 1 Accessory Structures 5,000 13,500 18,500 Number of Permits 1 1 p Condo Conversion - No Value 1 1 2 TOTAL VALUE 12,958,631 7,180,761 20;139,392 230,000 TOTAL PERMITS 70 42 112 Demolition: Residential units lost I MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION FEBRUARY 2, 2017 — 7:00 PM — FORMAL MEETING E M MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Ann Freerks, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: STAFF PRESENT: Bob Miklo, Sara Walz OTHERS PRESENT: Brian Gotwals, Kevin Hanick, Mark Seabold, Bob Downer RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of REZ16-00008, an application for rezoning approximately 10.26 acres located north of Scott Boulevard east of Hickory Heights Lane and First Avenue from Interim Development (ID -RS) to Low Density Multifamily (RM -12), be approved conditioned on general compliance with the concept plan showing 54 dwelling units. By a vote of 0-7 the Commission denied approval of application CPA16-00004 an application submitted by Streb Investment Partnership LC seeking to amend the City's Comprehensive Plan to allow residential uses in commercial areas adjacent to the Industrial (I- 1)zone located south of the Iowa Interstate Railroad and east of Scott Boulevard. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none REZONING ITEM (REZ16-00008): Discussion of an application submitted by Kevin Hanick for a rezoning of approximately 10.26 acres from Interim Development Single Family (ID -RS) to Low Density Multifamily (RM -12) zone for property located north of Scott Boulevard between Hickory Heights Lane and First Avenue. Miklo began the staff report showing a map of the area under consideration for rezoning. The current zoning of Interim Development is in place because at the time the zoning pattern was established for the area there was no adequate street access. With the construction of the extensions of Scott Boulevard and First Avenue, it opened up this area with adequate infrastructure and now it is appropriate to rezone it to allow development. The proposed zone is Low Density Multifamily (RM -12), which generally allows for 15 multifamily dwelling units per acre. Theoretically, that would allow for over a 100 units on this Planning and Zoning Commission February 2, 2017 — Formal Meeting Page 2 of 9 property, but because of the steep ravines and woodlands that density would not be achievable. Due to that, Staff is recommending regardless of who purchases this property, it be restricted to 54 dwelling units. Miklo noted that the Comprehensive Plan for this part of the City shows properties north of Scott Boulevard being appropriate for office research park. This land use designation was put in place with the adoption of the Northeast District Plan to recognize the presence of the ACT Campus. The text of the Plan notes that the amount of land designated for office development may be unrealistic and that alternative uses including residential, specifically multifamily residential, should be considered for this area. The text of the Plan also encourages a diversity of housing. Townhouse and small apartment buildings are proposed at the edges of neighborhoods, where slightly higher density housing can take advantage of being located near major arterial streets, such as First Avenue and Scott Boulevard. Therefore, Staff believes that multifamily rezoning would comply with the Comprehensive Plan. Miklo said that regarding neighborhood compatibility it is staffs opinion the proposal is compatible with the neighborhood in terms of land use. The area to the north and east contains the ACT campus. The ravine and woodland provides a significant buffer between the proposed residential buildings and ACT. The Northeast District Plan shows the possibility to two apartment buildings on the south side of Scott Boulevard just to the south of this proposal), and single family homes farther to the south. The properties to the west and east both contain wooded ravines with protected slopes and will not be developed. The proposed RM -12 zoning will be compatible with the area. Miklo stated staff also looks at traffic implications when reviewing a rezoning proposal. The current streets of Scott Boulevard and Dodge Street have more than sufficient capacity to handle the traffic they anticipate would be generated by a project of this size. Transportation Planners estimate that this proposed development will generate approximately 350 vehicle trips per day. There is concern that at the intersection of Scott Boulevard and First Avenue. It is currently a four-way stop and would likely need to be improved to include a traffic signal, or a traffic circle, to improve traffic flow in that area. Miklo said the Capital Improvement Plan includes a project to address the intersection. Miklo discussed the sensitive areas on the property, and that some of the woodland ravine would need to be cleared for stormwater management for this development. The City Engineer is still working with the applicant on the stormwater management plan. Staff does not anticipate an issue with the sensitive areas provisions for this area. However, if more than 80% of the woodlands are proposed to be disturbed, or more than 35% of the critical slopes are proposed to be graded, or there is any disturbance of the protected slope buffers, a rezoning for a sensitive areas Planned Development Overlay (OPD) will be required. Staff recommends that this application, rezoning approximately 10.26 acres located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Interim Development (ID - RS) to Low Density Multifamily (RM -12), be approved conditioned on general compliance with the concept plan showing 54 dwelling units. Parsons asked if all the current structures on the property would be removed. Miklo replied that yes, the property current contains a residence and storage or farm buildings. If this proposal Planning and Zoning Commission February 2, 2017 — Formal Meeting Page 3 of 9 moves forward, the applicant will buy the property and the current homeowner will build a new house on the northern panhandle of the property, that is already zoned single family. Freerks opened the public discussion Brian Gotwals (architect Shive Hattery) is working with Kevin Hanick to develop the concept for this site. The idea of this project is to maintain the natural character of the site and that resulted in a proposal with three principle buildings that are nestled close to the tree lines with a communal space in the center. Additionally keeping with the character of the property the driveways will be designed to wrap around and not cut into the tree lines. There will be three buildings, the two buildings on the right will be connected by a subgrade garage level. The short faces of the buildings are 60 feet wide, and that is what faces Scott Boulevard, rather than the principle masses of the buildings. Gotwals showed renderings and images of the proposal from various aspects. The buildings are three stories and will have 54 units total. Gotwals noted that there was discussion about the vehicular entry, particularly to the building on the right, and a recommendation that the garage door entrance be placed on the west face of the building. Gotwals stated that may cause issues, it would require a 90 degree angle turn to leave the garage, it will cause a loss of some parking spaces, and will increase the slope of the driveway. Gowals said they would like to work with the City to create some type of a visual buffer for the garage entrance instead. Dyer asked the length of the two long buildings from the parking lot to the far south end. Gotwals said that each of the buildings are 185 feet long, the center communal space is 50 feet. The building on the left is 258 feet long, but again the portions of the buildings that face Scott Boulevard are 65 feet long. Dyer asked if it were level and Gotwals said it will be level for a good portion of it but they will need to maintain some of the natural swales for stormwater management. Dyer noted her concern for accessibility for handicap visitors. Gotwals said the walkways will all meet the ADA accessible guidelines. Hensch asked about the issue with the parking entrance. Miklo said that to comply with the Multifamily Site Development Standards, garage entrances are not allowed to face the street. This Standard was created for urban areas where it is undesirable to have a large curb cut and a blank garage door up against the sidewalk in a walkable neighborhood. The applicant can apply for approval of a minor modification from the Design Review Committee to allow an alternative design that does not strictly meet the standard. Miklo noted in this situation this is not an urban setting, there will be considerable open space between the garage and the street, so the effect of having a garage door right on the street is not as significant. But it will have to go through the minor modification process. Hensch asked if the goal was to retain most of the stormwater on site, which Gotwals confirmed, Hensch asked if there was a percentage that would be directed off to the ravine to the east. Gotwals said it would be a single -digit percentage. Kevin Hanick (88 Hickory Heights Lane) noted his love of living in this part of town, he had originally thought he would want to move downtown but because of costs and accessibility. He feels this proposal is a great location, very accessible to downtown, the interstate, parks and shopping needs. These units will be built for sale, not rentals, and each unit will have two dedicated underground parking spaces. Hanick reached out to Shive Hattery because he was impressed with their work on the latest addition of Oaknoll on Benton Street with the underground parking and apartment style facility. All units will be one level, minimum of two Planning and Zoning Commission February 2, 2017 — Formal Meeting Page 4 of 9 bedroom, two bath. The target audience is working professionals or empty nesters/retirees Parsons questioned the north garage entrance on the western building and if there was consideration of having a garage entrance on the north side of the other building as well to alleviate the code concern about the south entrance to the garage. Hanick stated that coming out of that side of the building would be a steep incline. Hanick also mentioned originally the design had units above the common area that joins the two buildings, and the common area is important because they will be marketing the units as a community. Martin asked for clarification that this is not being built as a 55 and over complex. Hanick confirmed it is not, it's being designed similar to Oaknoll, but for anyone. The common space is to bring people together, perhaps for music or readings, and other activities to build a sense of community. Mark Seabold (architect Shiva Hattery) stated that working with Hanick in developing this concept it has been important to take advantage of the beautiful property, the views, etc. It is about quality of life and not maximizing density, and to not sacrifice the feeling of community and nature that will be seen in this project. Freerks closed the public discussion Hensch moved to approve the application for rezoning approximately 10.26 acres located north of Scott Boulevard east of Hickory Heights Lane and First Avenue from Interim Development (ID -RS) to Low Density Multifamily (RM -12), be approved conditioned on general compliance with the concept plan showing 54 dwelling units. Parsons seconded the motion. Freerks noted this sounds like a wonderful addition to the area and community. It has been presented nicely and it is encouraging to see the thought and care that has gone into the planning. Theobald and Dyer agreed and both commented on how nicely the project will preserve the surrounding nature and landscape. Signs added that he hopes the staff committee regarding the parking issue will look favorably on this project and it can be screened effectively with some trees or berming. A vote was taken and the motion passed 7-0. COMPREHENSIVE PLAN ITEM (CPA16-0004): A public hearing for an amendment to the Comprehensive Plan to change the language in the Comprehensive Plan to allow residential uses in the commercial zones south of Iowa Interstate railroad and east of Scott Boulevard located in Scott -Six Industrial Park. Walz noted these are the properties in the Scott Six Industrial Park that are located west of the creek, along Scott Boulevard, are zoned Intensive Commercial (CI -1). Properties west of the Planning and Zoning Commission February 2, 2017 — Formal Meeting Page 5 of 9 creek and east of Commerce Lane, are zoned Community Commercial (CC -2). This includes the properties occupied the Fareway grocery story and Sinclair Gas. Residential uses may be located above commercial in the CC -2 zone with special exceptions but are prohibited in the CI - 1 zone all together. If the Commission recommends to Council, and Council approves, this Comprehensive Plan amendment it could possibly permit a rezoning for those properties to CC - 2 along Scott Boulevard. The nearest residential zones are located one half mile to the north (a manufactured housing park located outside City Limits) and one-half mile to the southwest (Saddlebrook). As mentioned, the current zoning code allows residential uses to be located above ground floor commercial in the Community Commercial (CC -2) zone by special exception only. About a year ago the applicant applied for a special exception to allow for residential above these properties and Staff recommended against that due to references in the Comprehensive Plan/Southeast District Plan that call for the separation of industrial and residential uses. Walz explained there is a history with the industrial uses creating noise, traffic, vibrations and odors that generate complaints from residential zones, particularly the ones north of the railroad tracks. There are also some safety concerns with large trucks and the isolation of this area. This is the only part of Iowa City that is zone specifically for industrial, and as other areas of Iowa City develop (such as Riverfront Crossings) industrial uses may be relocated to this area. There is also concern about residential traffic interfering with industrial operations as well as residents trespassing across sites. Walz reiterated that both the Comprehensive Plan and the Southeast District Plan make mention of these concerns and throughout both the Industrial and Housing sections of the plan call for separation and buffering between industrial and residential uses. With regards to the East Side Growth Area, this property has been zoned for first, industrial then quasi -industrial uses and then commercial uses for some time. There is not a lot of traffic out in this area right now, but with the location of the new eastside elementary school (in the eastside growth area) they do anticipate more residential uses being developed north of the railroad. Higher density residential uses are contemplated for the American Legion Road and new school area. Farhter to the east along Taft Avenue, there is a plan for a park to run across Snyder Creek to act as a buffer for the residential from the industrial. The goal of the Comprehensive Plan is to direct new residential areas into areas that are contiguous with existing residential areas. Signs asked Walz to explain the General Employment/Institutional area of the Comprehensive Plan map. Walz said that was an area that was to be set aside for a large commercial office use or a use such as a church or school. This map was created prior to the new eastside school location being decided. Hench asked if the zoning to the west of Scott Boulevard was industrial as well and Walz confirmed that it is also zoned industrial. Freerks opened the public hearing. Bob Downer (attorney for Streb Investment Partnership, LC) stated it appears to be somewhat of an uneven standard being applied here because there are other places in Iowa City such as Riverside Drive where the level of truck traffic is at least as heavy as it is at this property. On one hand, they are told there is not enough activity to justify residential in this area and on the other being told there is too much traffic. Therefore this application is not being looked at objectively. Downer stated that if the Comprehensive Plan amendment is approved that would Planning and Zoning Commission February 2, 2017 — Formal Meeting Page 6 of 9 not automatically allow apartments to be constructed over first floor commercial space in this area, it would still require a special exception. So there are other processes in place that are required to be pursued by an applicant. Downer said that he had represented the developer when this property was developed into industrial and commercial in 1997 zones. The industrial area has sold out more quickly than the commercial, and a strong effort has been made to sell the commercial to single -level buildings but has not reached market acceptance. There is retail in the area with the Faraway grocery store and a convenience store. Downer stated there are criteria with respect to the Comprehensive Plan that are met and reasons such as close proximity to places of employment. The applicant urges this application to be approved so the property can be fully developed to provide housing opportunities for people who are employed in the area. Development south of Highway 6 (as mentioned in the Staff report) poses a major determent to people and a safety risk. Freerks closed the public hearing. Freerks noted that Staff is recommending denial of the application, but any motion should be made in the affirmative. Hensch moved for approval of application CPA16-00004 an application submitted by Streb Investment Partnership LC seeking to amend the City's Comprehensive Plan to allow residential uses in commercial areas adjacent to the Industrial (I- 1)zone located south of the Iowa Interstate Railroad and east of Scott Boulevard. Theobald seconded the motion. Signs asked if there was a sidewalk in this area on the east side of Scott Boulevard, as we should be looking for the walkability of all areas that are developing within the city. Walz responded that there was not a complete sidewalk network. Freerks noted this is important space in the Community and serves a purpose. And while there is value to having housing close to employment, there are certain areas where residential just don't work, which includes industrial, and there are already problems with smells and sounds from this area for the residential areas a half mile away. Freerks stated it would be premature to make this change before seeing how this area develops out, and any change at this time would go against the Comprehensive Plan as it is currently laid out. Martin stated the transition would be very abrupt whereas the Commission would rather see a more gradual transition from industrial to commercial to residential. Theobald noted that there is also limited industrial zoned land in the community and this amendment would add to the loss of such space. Signs can appreciate the developers desire to find some product that would work on the land, but residential makes no sense in that area. The City has spent a lot of money to develop this industrial area and there is a difference with having housing close to work versus in the middle of work. Parsons echoed Signs and that there would not be a sense of community here, rather the residential would be isolated. Planning and Zoning Commission February 2, 2017—Formal Meeting Page 7 of 9 A vote of 0-7 was taken and therefore the motion was denied. CONSIDERATION OF MEETING MINUTES: JANUARY 19. 2016 Theobald moved to approve the meeting minutes of January 19, 2016 with minor edits. Hensch seconded the motion. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Freerks thanked Staff for organizing the work session earlier in the evening to view Jeff Speck's presentation on "Toward a More Walkable Iowa City". Miklo asked the Commissioners to mark their calendars for February 14 & 15 because Dan Parolek, a consultant for the exploration of applying form -based codes will be in town. There will be a session on the 14`^ at 5:30pm at the Library and on the 151" at 6:00 pm at the Alexander Elementary School. The session at the Library will focus on the Northside and older neighborhoods and the session at Alexander will be on the South District. ADJOURNMENT: Theobald moved to adjourn. Martin seconded. A vote was taken and motion carried 7-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2016-2017 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 2/19 3/3 3/17 4/7 4/21 5/5 5/19 6/2 7/7 7/21 8/4 9/1 10/6 10/20 11/17 12/1 12/15 1/19 2/2 DYER,CAROLYN X X X X X X X X X X X X X X X X X X X FREERKS, ANN X X X X X X O/E X O/E X X X X X X X X X X HENSCH, MIKE X X X X X X X X X O/E X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X O/E X X X O/E X O/E X X X PARSONS, MAX X X O/E X X X X X X X X X X X X_ X X X X SIGNS, MARK -- 1 — -- -- X X X X X X X X X O/E X X X X THEOBALD, JODIE X X X X X X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member PRELIMINARY MINUTES PUBLIC ART ADVISORY COMMITTEE FEBRUARY 2ND, 2017 — 3:30 PM HELLING CONFERENCE ROOM — CITY HALL MEMBERS PRESENT: Sayuri Sasaki Hamann, John Engelbrecht, Ron Knoche, Jul! Seydell-Johnson, Tam Bryk, Wendy Brown NOT PRESENT: STAFF PRESENT: Marcia Bollinger PUBLIC PRESENT: Joyce Carroll, Chad Dyson, Hani Elkadi, Cara Briggs Farmer, Jo Myers Walker, Kyle Rector, Daniel Miller, Daniel Fine, Betsy Potter, Hannah Givler RECOMMENDATIONS TO CITY COUNCIL: The Committee voted 6-0 to withdraw a motion made at the November 2016 meeting recommending to City Council that the Public Art Advisory Committee by-laws be adjusted to increase the number of members by two (from 7 — 9 members). CALL TO ORDER: Sayuri Sasaki Hamann called the meeting to order at 3:38 pm PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public comment of items not on the agenda. CONSIDERATION OF MINUTES OF THE JANUARY CH. 2017 Committee moved to approve the January 5th, 2017 minutes. Motion passed unanimously. ELECTION FOR OFFICERS FOR 2017 Seydell-Johnson moved to approve the nomination of Hamann to chair. Bryk seconded the motion. Motion passed unanimously. Introductions between Brown, the Committee, Carroll, Dyson and Elkadi took place. Bryk volunteered as vice chair. Seydell-Johnson moved to approve. Committee agreed unanimously. REQUEST TO WITHDRAW MOTION MADE IN NOVEMBER Seydell-Johnson moved to withdraw a motion made at the November 2016 meeting recommending to City Council that the Public Art Advisory Committee by-laws be adjusted to increase the number of members by two (from 7 — 9 members) Motion was seconded Knoche. Motion passed unanimously. ROBERT A LEE RECREATION CENTER MURAL WALL INTERVIEWS Cara Briggs Farmer explained the meaning behind her work. Bollinger inquired about how it could be made more interactive. Farmer stated she didn't want to see something deeply contemplative but rather something interactive, which had kinetic components, incorporated STEAM themes, and was appropriate for the rec center. She stated she wanted to repurpose old workout equipment to transform into a wall piece but was unsure of what materials she would have access to. Hemann inquired about finding materials outside of the rec center if they were unable to provide materials. Farmer stated Craigslist was an option. It was asked how technology would be incorporated. Farmer said she would ask the committee how they wanted it incorporated. Elkadi asked artist to provide a sketch. Farmer said she would need to know what materials they would have first. Farmer stated she would love to work on the project because of the amount of time she spent at rec centers and her interest in taking things apart. It was inquired if the artist had made anything interactive before. Farmer said yes, sound proof, steam punk, steel French doors for a home theater. She said adding movement doubles the time and difficulty. Farmer concluded they should budget $500 for a contractor to install the work and that with installation time and a paint job she saw a time budge of 20-25 hours. Joe Meyers Walker introduced herself and shared her latest accomplishment explaining the material she used, comparing it to the STEAM Wall project material she would use, that would be lighter in weight. Walker brought in a model to help show her vision. She explained it was durable and talked about different components such as a chalkboard, plexiglass, a futuristic top that included helicopters and flying machines moved by wind, magnets, sliding cars, and a fun house mirror. Elkadi stated he liked how Walker inspired imagination and thought, but was curious as to how she would incorporate math. Walker responded that the kids could count the building details and build dimensions. It was stated the mural depicted Iowa City. Walker expressed it would be fun to work on the future aspect with kids. She concluded she had left over Lexan to help with cost, as it could be expensive. Kyle Rector, the lead of the University of Iowa group reminded the committee of their vision, stating they wanted to show aspects of Iowa's landscape through photography, art rendition, and elements of interaction. Daniel Fine and Danial Miller also shared examples of the interaction that would take place focusing on power. They included hydropower, wind power, and solar power in which kids would hear, feel, and see results from actions. They stated another element would be to have grass that could be spread apart to see bugs and critters native to Iowa. Also, kids could open doors and windows to see power company employees inside. The group stated it could be seasonal, there would be steel studded wall for securement, they would use illuminating material and that it would be tactile in nature. Hamann asked if the grass would be real. The group responded they would use artificial grass. Seydell-Johnson inquired as to how it could become more whimsical. The group responded that the whimsy was in the interaction, illuminated structure and things that changed. Seydell-Johnson asked about maintenance and what had the possibility of breaking. The group responded they would budget and supply extra parts and when they broke. They stated they would make it low power and low technology so that if one thing broke it didn't all come apart. Seydell- Johnson asked if there was anything on it so complicated they couldn't replace it. The group stated they would share all information, that supplies would be durable, and that mechanicals would be fabricated from standard bearings so kids could not break them easily. The group stated they were confident they would stay within the budget. Engelbrecht inquired about the time frame. It was stated that it was flexible. The group stated the installation would be accessible to people of all abilities. The committee members then met to discuss the applicants. Hemann posed the question of which installation would fit the Rec well the best. Brown added the question of what would be the most appreciated from an audience aged 2-10. Seydell-Johnson, although she felt comfortable in choosing any of them, chose the U of I group as her top choice, because they had the most technical resources to make it happen and it was the most compelling in terms of teaching and interacting with the STEAM concepts and concepts that related to parks and recreations. Carroll liked the color and whimsy of Walker's project combined with the U of I's group project. Dyson said the U of I group was his top choice from a play perspective, but he liked Walkers colors. Elkadi chose Walker as his top choice. Bollinger wanted the U of I group to have more visual appeal. Seydell-Johnson inquired about the possibility of funding two projects. The committee discussed the possibility of using Mercer as a second location, the space available and location options at each rec center, and how inviting and accessible each space was. Seydell-Johnson motioned to select the U of I group for the Robert A Lee STEAM Wall project. Engelbrecht seconded the motion. Hamann stated Walkers work was vibrant and rich and she wanted a place for her work. Bollinger stated they could think about alternative locations. Motion was passed for the U of I group. PUBLIC ART MATCHING FUNDS- REVIEW OF APPLICATIONS: Betsy Potter stated the Iowa City Downtown District was applying for the matching fund for a public mural, size unknown, on the wall of the Sheraton Hotel. She stated she was waiting for the pedestrian mall streetscape update to know if an overhang for the proposed stage area would cover it up. She shared the design with the committee and informed them about the artist, Thomas Agran. She stated their goal was to have the mural become a staple of downtown and their long term goal was to launch more public murals downtown. She stated she had a small amount of funding from their marketing budget. She said the Sheraton gave permission for the mural, but they just needed to submit a letter to the corporate office. Bollinger inquired about the $2500 requested. Potter specified that they saved $500 from the ribbon campaign that they would use on the mural in addition to the $2000 request. Potter concluded and left the room. Brown inquired about how much they had to give. Bollinger responded that $8000 was allocated by the committee for this year (July 1, 2016 — June 30, 2017) and that they had two $2000 applications and another round of funding available in April. The committee stated they were supportive of the cause and that the artist would be ideal. Bollinger inquired about a follow up from Potter on how they design would work. The committee decided to award the funds contingent on the final location. Seydell-Johnson moved to motion. Brown seconded the motion. Motion passed unanimously. Hannah Givler shared a detailed budget and images with the committee for her application "Near Future". An inquiry was made about the hockey sticks. Givler said it was work of Patrick Casey, whose art told the story of suburban drug addiction. An inquiry was made of the projects length. It was stated it would go until March 3rd. An inquiry was made if funding would go to continue the show. Givler said yes. Bryk asked what they would do without matching funds. Hannah said they would continue to spend their own personal money, which would put a strain on them, but it was important enough to try and do. Bryk inquired about their biggest budget needs. Givler stated consumables were the most critical part. She stated soap, paper and everything that goes into making it a livable space. Givler concluded and left the room. Bollinger stated Givler put the consumables as $1140, meaning they needed to provide half of that because it was a matching fund and concluded Hannah was using a lot of in kind to pay for their match. Brown motioned to give $1000. Bryk stated she would rather use the funds on the STEAM Wall installation. Knoche stated the timing was unfortunate but the proposed fund seemed reasonable. Motion passed. ADJOURNMENT: Seydell-Johnson moved to adjourn the meeting. Knoche seconded. Meeting adjourned at 6:00 PM. Public Art Advisory Committee Attendance Record 2016-2017 Name Term Expires 2/4 3/3 5/5 8/4 9/15 11/3 1/5 2/5 Bodkin Bryk, Tam 01/01/19 x O/E x x O/E x X x Brown, Wend 01/01/20 -- -- - -- -- x En elbrecht, John 01/01/18 x X x O/E X X X x Hemann, Sa uri Sasaki 01/01/181 x I X I X I X I X I X X x Knoche, Ron x X X X X X X x Se dell -Johnson, Juli X X X X O/E x x x Key X = Present O = Absent O/E = Absent/Excused --- = Not a member