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Federal Legislative Priorities 2008THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2009 Federal Legislative Priorities DATE: December 30, 2008 Assistant City Manager Teri Goodmann is recommending adoption of the City of Dubuque 2009 Federal Legislative Priorities. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael C. Van Milligen, City Manager FROM: Teri Goodmann, Assistant City Manager SUBJECT: 2009 Federal Legislative Priorities DATE: December 30, 2008 Dubuque INTRODUCTION On February 4 - 6, 2009, the Mayor and city representatives will be in Washington DC participating in the annual information sharing discussion with the Iowa Congressional Delegation. In preparation for the meeting, City staff submitted legislative issues for prioritization. DISCUSSION The City of Dubuque's 2009 Federal Legislative Priorities include both old and new items. Items from prior years remain on the list because they remain unfinished or unaccomplished. This is standard procedure for many priorities, particularly major transportation projects that remain in a federal queue for a decade or more before securing full funding and final completion. Ongoing transportation requests include SW Arterial funding, transfer of HWY 20 Julien Dubuque Bridge funds to the SW Arterial, ongoing airport terminal expansion appropriations, Passenger Rail support and improved funding for public transit. The intermodal transportation facility continues to be a priority with an anticipated appropriation for design in the next federal budget. Other multi-year funding priorities in the federal legislative priorities document include the Bee Branch project to mitigate flooding on the North End, federal communications policies that give local governments and consumers a competitive advantage when negotiating with communications industries, Port of Dubuque agenda items including phase two funding support of America's River, and a request for the annual entitlement funding for the Crescent Community Health Center. Community Development Block Grant Funds have been reduced annually for the past ten years. We request that full funding be restored to this program. New issues of priority concern for the City of Dubuque focus on legislation directly related to the City of Dubuque's Sustainability Initiative. The City of Dubuque through membership in Climate Communities, a national coalition of local governments, put forth national legislative proposals to the Obama-Biden transition team. These proposals focus on federal recognition of the role of local governments in reducing energy consumption and call for funding of specific programs such as the Environment and Energy Conservation Block Grant program and pilot projects for local governments that create models of energy conservation that can be replicated in cities across the country. The federal Highway bill is up for reauthorization in this session of Congress and our dialog with Congressional staff and the transition team emphasized support for sustainable transportation policies and appropriations including increased funding for trails, public transit, expanded passenger rail service and enhancement dollars for historic preservation. New emphasis is given to support for financial tools that the federal government can provide for local government and private sector developers as we work together to expand and support job creation and economic development. Dubuque City Council prioritization of economic development initiatives including revitalization of the Historic Millwork District (warehouse district) places the New Market Tax Credit program and the Federal Historic Tax Credit program on the priorities document. We are working closely with the National Trust for Historic Preservation and other partners to increase the percentage of support for the Federal Historic Tax Credits for the first $5 million spent on projects from 20% to 40% that underpins the City priority of restoring the Dubuque Building and the Historic Millwork District. This priority issue matches the request to the Iowa Assembly to raise the State Historic Tax Credit. Two grants are mentioned in the document. The City of Dubuque requests support from the federal delegation for the designation of a Youth Build program in Dubuque. Youth Build is a highly successful program that specifically addresses youth development and at risk youth, particularly high school dropouts. The program would include job training and mentoring. Youth Build complements and mirrors the nationally recognized HEART program. Youth Build also supports the Every Child, Every Promise initiative. We also request support for another Department of Labor grant for workforce development. The City in partnership with other area organizations including NICC, Iowa Workforce Development and GDDC submitted the Tri-State Information Technology Initiative grant request. This application is being submitted in response to the Community Based Job Training Solicitation for training options for underutilized workers in order to maximize human capital. RECOMMENDATION The requested action is for City Council to approve the 2009 Federal Legislative Priorities. 2009 Federal Legislative Priorities 1. TRANSPORTATION Iowa Hiahwav 32 (Southwest Arterial The Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Iowa Highway 32 (Southwest Arterial) project as the No. 1 surface transportation priority in the Dubuque area. The proposed Iowa Highway 32 (Southwest Arterial) project will be a 6.1- mile four-lane divided freeway with priority 1-access control between Highway 61/151 and Highway 20. Based on future traffic demand projections, as outlined in the Dubuque Metropolitan Area Transportation Study (DMATS) Long Range Transportation Plan (LRTP), Central Avenue (Hwy 52/3), South Grandview Avenue and Kelly Lane are forecasted to be over capacity by 2012. The Iowa Highway 32 (Southwest Arterial) will provide an alternate, direct and efficient route for traffic through southwestern Dubuque, thereby reducing traffic congestion on the local street system, including Central Avenue (Hwy 52/3) through the downtown and Kelly Lane that is through a residential neighborhood. The Iowa Highway 32 (Southwest Arterial) project will also relieve congestion and improve safety on Highway 61/151 and Highway 20 through Dubuque. Traffic Congestion on Local Street Network Economic Development The Iowa Highway 32 (Southwest Arterial) project will provide a significant national and regional economic benefit in providing a direct connection between the new Dubuque Technology Park on Highway 61/151 with the new Dubuque Industrial Center West, and the existing Dubuque Industrial Center near Highway 20. The highway then extends north to John Deere Dubuque Works via the Iowa Highway 32 (Northwest Arterial). Iowa Highway 32 (Southwest Arterial) Roadway Alignment Since October 2001, 13 companies have made expansion decisions at the Dubuque Industrial Center West, based upon assurances that the proposed Iowa Highway 32 (Southwest Arterial) was in the engineering design phase and that the project would be in the Iowa Department of Transportation five-year plan. The largest of the companies, McGraw-Hill Publishing Company, made a decision to locate a new 330,000-square- footdistribution center in the Dubuque Industrial Center West. The completion of Iowa Highway 32 (Southwest Arterial) is vital to other expansion announcements: Adams Company, Art's Way -Vessel Systems, Giese Manufacturing, Tri-State Industries, Kendall/Hunt Publishing, Oral Arts Laboratories, Dubuque Screw Products, Theisen's Supply, Medline Industries, Hormel Food Corp, and ITC Holding Corp. Other nationally recognized local companies asking for a connection between Highway 20 and Highway 61/151 include John Deere Dubuque Works, Nordstrom Distribution Center, A.Y. McDonald Manufacturing, Swiss Valley Farms, Flexsteel Industries, and Dubuque Stamping and Manufacturing. Dubuque is the regional economic center for the Iowa, Illinois and Wisconsin tri-state area. With local international companies such as the John Deere Dubuque Works, Nordstrom Distribution Center, McGraw-Hill Publishing Company, A.Y. McDonald Manufacturing, Flexsteel Industries, Kendall/Hunt Publishing, and the Hormel Food Corporation, it is critical to construct the Iowa Highway 32 (Southwest Arterial) as an alternate, direct route for commercial traffic through southwestern Dubuque. The Iowa Highway 32 (Southwest Arterial) project will significantly improve the efficiency and safety of the regional highway transportation network that is vital for the statewide, national and global distribution of local commerce and the continued growth and sustainability of the strong regional economy. Federal Funding Congress has appropriated $2 million to complete the preliminary engineering design phase. The City agreed to manage the preliminary engineering design phase of the project, and in January 2005, the City and the Iowa DOT executed the Consultant Professional Services Agreement with EarthTech Inc., Inc. to complete preliminary engineering design services for the improvement of Iowa Highway 32 (Southwest Arterial). In February 2005, the City received the issuance of Environmental Concurrence and the Finding of No Significant Impact (FONSI) from the various regulatory agencies and has completed the Environmental Assessment phase of the project. As a result of hard work from Dubuque's congressional delegation, the Federal Transportation Bill (SAFETEA-LU) presented a new opportunity for funding. Congressman Nussle included into the House version of the bill $20 million. In Conference Committee, the appropriation amount was reduced to $15 million and then U.S. Senator Grassley was able to get the amount increased to $26.18 million. The approved SAFETEA-LU Bill includes funding for the Iowa Highway 32 (Southwest Arterial) in the amount of $26.18 million. The City extends its sincere appreciation to Congressman Nussle, and U.S. Senators Grassley and Harkin for targeting this project with federal appropriation authorization, which will play a critical role in moving forward with this project. The Iowa Highway 32 (Southwest Arterial) project has been part of the State TIP for the past 10 years and continues to be because the local Metropolitan Planning Organization, DMATS, has committed $10 million in Surface Transportation Program (STP) funds and dedicated local Enhancement funds of approximately $550,000 through 2013 for the project. The Technical Corrections Bill was passed which authorized $5.5 million in unused SAFETEA-LU grant funding for the U.S. 20 Bridge to be transferred of the Iowa Highway 32 (Southwest Arterial) project. The City of Dubuque and Dubuque County in partnership with U.S. Senator Harkin, U.S. Senator Grassley and Congressman Braley have submitted an FY2009 Transportation Appropriation Request in the amount of $2 million that will be used to complete the final engineering design phase, begin the property acquisition process, and to complete the environmental and cultural resource mitigation phases. Future requested funds will be used for construction of the project. The following table summarizes the appropriated federal funding to-date for the Iowa Highway 32 (Southwest Arterial) project. Appropriations Amount SAFETEA - LU Highway Project Description (Section 1702) $ 15,200,000 ** Transportation Improvements (Section 1934) $ 4,180,000 ** Transportation Improvements (Section 1934) $ 6,800,000 ** Technical Corrections Bill (SAFETEA-LU Funds) $ 5,500,000 ** Federal Funding: $ 31,680,000 ~* After Obligation Limitation Reduction: Total Federal Funding: $ 27,000,000 Local Funding The Iowa DOT wants a local financial commitment to this project that does not include federal funds. The Iowa DOT Commission has challenged both the City and County to seek local funding for this project and pursue all viable options to fund the shortfall. The Iowa Highway 32 (Southwest Arterial) continues to be a top priority, therefore, other strategies are being evaluated to ensure that this project moves forward. The following table summarizes the local funding appropriated to-date for the Iowa Highway 32 (Southwest Arterial) project. [Appropriations Amount DMATS STP Funds $ 5,350,000 DMATS Enhancement Funds $ 550,000 City -Capital Improvement Funding $ 4,600,000 TIME-21 Funding (City /County Allocation) $ 4,700,000 Total Local Funding: $ 15,750,000 The City and County will continue to work with the Iowa DOT to evaluating alternatives for completing components of the project with the federal funding, DMATS funding and local match. The City is proposing to use DMATS STP funding on eligible City street construction and traffic capacity /safety related improvement projects that will allow local funds to be transferred to the Southwest Arterial Project and used as matching cost for the federal funds. Staff has identified approximately $4.6 million in local project funds that could be shifted using DMATS STP funds that would allow the leveraging of approximately $18.4 million in federal dollars. The City is also seeking financial assistance through the State of Iowa Department of Transportation Revitalize Iowa's Sound Economy (RISE) Program. The Iowa DOT has presented a possible funding scenario to use the RISE grant program to loan $5 million that could be used as matching funds for the federal appropriation dollars. Project Development Due to project funding constraints, it was decided that the project would need to be developed in multiple stages, which are summarized below. • Environmental Assessment, Location & Alignment Study (Complete) In February of 2005, the City received the issuance of Environmental Concurrence and the Finding of No Significant Impact (FONSI) from the various regulatory agencies and has completed the Environmental Assessment phase of the project. Preliminary Engineering Design (Complete March 2008) In January of 2005, the City and the Iowa DOT executed the Consultant Professional Services Agreement for Earth Tech, Inc. to complete Preliminary Engineering Design Services for the Improvement of the Iowa Highway 32 (Southwest Arterial). This phase would include the preliminary design and development of plans for the four-lane freeway, establish the full build-out right-of-way corridor boundary and develop preliminary plans for an interim two-lane highway. The preliminary design phase was completed in March 2008. Final Engineering Design (Begin January 2009) In December 2008, the City will begin the consultant selection process to begin the final engineering design phase. This phase would include the final design and development of final plans for the four-lane freeway and the development of final construction documents for an interim two-lane highway. The final engineering design phase is anticipated to be complete in early 2010. • Property Acquisition (Begin January 2009) In December 2008, the City will begin the consultant selection process to complete the acquisition of all right-of-way required for the ultimate build-out of the full four- lane project. The property acquisition phase is anticipated to be complete in early 2010. • Environmental & Cultural Resource Mitigation (Begin Spring 2009) In December 2008, the City will begin the consultant selection process to begin the environmental and cultural resource mitigation phase. This phase would complete all impact mitigation responsibilities as required per the Memorandum of Agreement (MOA) and is anticipated to be complete in early 2010. Current Status The City has met with Iowa Department of Transportation staff members several times to emphasize the importance of the Iowa Highway 32 (Southwest Arterial) project to the State and to the Dubuque area; however funding for the project was not included in Iowa's 5-Year Highway Transportation Improvement Program. The engineering consultant, EarthTech Inc. has completed the preliminary engineering design phase. With the preliminary engineering completed and property acquisition limits identified, the City of Dubuque has the information needed to begin the property acquisition process. In the upcoming year, the City, with the assistance of a right-of- way acquisition agent, will start contacting impacted property owners to initiate discussions regarding the acquisition process and the property needed to construct the Iowa Highway 32 (Southwest Arterial). The property acquisition phase is anticipated to take approximately two years to complete. Also in the upcoming year, the City's intends to hire a consultant to begin the final engineering design phase of the project. The final design phase is anticipated to take two years to complete. The City will also begin the environmental and cultural resource mitigation phase of the project. As properties are acquired, mitigation work will be completed prior to the start of construction. Due to project funding constraints, the Project Technical Committee has been preparing cost scenarios and evaluating construction alternatives for completing components of the project with currently available federal, state and local funding. An alternate interim phase under consideration would include the acquisition of all right- of-way required for the complete four-lane project, complete the environmental and cultural resource mitigation phases, complete final engineering design which would provide for the grading of four-lanes between Highway 151/61 to Highway 20, pave two- lane highway between Highway 151/61 to Highway 20, partial interchanges at Highway 151/61 and at Highway 20, and atemporary at-grade intersection at North Cascade Road. The preliminary cost projection for the interim two-lane highway is $98,300,000. The interim two-lane highway would function until future additional funding is available to complete the remaining two-lanes and construct full interchanges that would fully complete the four-lane divided freeway and should provide a reasonable level of traffic service through the year 2015. The preliminary cost projection for the complete four- lane freeway project is $125,100,000. At current funding levels, there is a $55.6 million funding shortfall for the Iowa Highway 32 (Southwest Arterial) to complete the interim 2-lane highway between Hwy 20 and Hwy 61/151. This project continues to be a top priority; therefore, other strategies are being evaluated to insure that this project moves forward. The City requests any additional financial assistance that can be provided on the federal level, as well as any assistance that can be provided to encourage the Iowa Department of Transportation Commission to commit funding toward this vital project. The City also requests the support of transferring the remaining unused Federal appropriated SAFETEA-LU funds ($20 million) from the U.S. Hwy 20/Julien Dubuque Bridge project to the Iowa Highway 32 (Southwest Arterial). Capacity Improvements - U.S. Highway 20 /Mississippi River Bridge Project The U.S. Hwy 20/Julien Dubuque Bridge spans the Mississippi River and provides one eastbound and one westbound lane of traffic. On either side of the river, the highway immediately expands to four or more lanes. The result is a bottleneck in traffic on both sides of the bridge. This link is important for an east-west connection between Dubuque and other communities. To the east: Galena, III.; Rockford, III.; and Chicago. To the west: Waterloo, Iowa and the I-35 interchange. The U.S. Hwy 20 Mississippi River Bridge Project has been a very high priority with the City Council and the Metropolitan Planning Organization, DMATS. The City of Dubuque truly appreciates the $35 million federal commitment obtained by Congressman Nussle in 1998, which has allowed the project to complete Environmental Assessment, Location Alignment, Preliminary & Final Design and R.O.W Acquisition. Right-of-way acquisition is complete on the Iowa side ($6.5 Million). Right-of-way acquisition is ongoing on the Illinois side ($5 Million Est.). The Iowa Department of Transportation has selected the firm of Parsons of Chicago, Illinois, in conjunction with WHKS of Dubuque, to complete the preliminary and final design of the bridge crossing, roadway approaches, and landscape improvements, which are expected to be complete in the fall of 2008. The Technical Corrections Bill was passed which authorized $5.5 million in unused SAFETEA-LU grant funding for the U.S. Hwy 20/Julien Dubuque Bridge to be transferred of the Iowa Highway 32 (Southwest Arterial) project. The City extends its sincere appreciation for all the hard work and support in getting the Technical Corrections Bill approved. The Iowa Department of Transportation has informed the City that they anticipate there will be a $20 million surplus in the SAFETEA-LU grant funding for the U.S. Hwy 20/Julien Dubuque Bridge and as a result the City requests the support of our federal partners in the transfer of unused SAFETEA-LU funding to the Iowa Highway 32 (Southwest Arterial) project. Dubuque Regional Airport To meet our current and projected growth, the Airport Commission and Dubuque City Council adopted a new Master Plan in 2005, which identified $74,644,846 in near and long-term improvement needs. Our immediate attention is focused on a new terminal facility. We estimate that $28,000,000 will be required to acquire the land, design the facility, and construct the building and the ancillary taxiways, roadway access, and vehicle parking lots. We plan to utilize all available funds to finance this project. The single largest source of project funding is AIP entitlement and discretionary grants from the Federal Aviation Administration. With the expiration of VISION 100 at the end of fiscal year 2007, aviation programs that set spending levels for the Airport Improvement Program (AIP), Essential Air Service, Small Community Development Grants, Facilities and Equipment, and other programs that develop and maintain facilities at airports around the country are operating on a continuing resolution. Also expired is the funding mechanism for the Airway and Airport Trust Fund, so reauthorization discussions must include debate over funding mechanisms for the trust fund. Vision 100, had provided the needed federal aviation funding for the years 2004-2007 and has worked well for the Dubuque Regional Airport. We would like to see the following components and modifications of that program remain in place: AIP Funding Bill: The House and Senate need to take action to develop a bill that focuses on airports, air traffic control services, and modernization in order for airports and the FAA to properly implement their capital projects. Every year we delay this project adds $750,000 to our total cost. Contract Tower Funding: Following the 1981 PATCO strike, the Reagan Administration implemented a gradual privatization of Air Traffic Control Towers. This has been rather successful. The Dubuque tower is operated by a private firm on contract with the Federal Aviation Administration. Continued funding is always in question. Dubuque has the 3rd busiest airport in Iowa. Safety and common sense dictates continued funding of the contract tower program or restoration of FAA staffing. If the community had to fund the tower, the costs are estimated in excess of $600,000 annually. Passenger Facility Charges: The current collection amount of $4.50 per enplaned passenger is not indexed to inflation and restricts the amount of money collected for large capital projects. Increasing the PFC to $7.00 and indexing it to inflation would ensure long term funding viability for even the smallest of commercial service airports. Air Service Development Program: The Department of Transportation manages the Small Community Air Service Development Program Grant. This grant helps small and non-hub airports with monetary support of airline recruitment endeavors. The Department of Transportation's grant application has very restrictive guidelines, which limit airport participation to one- time projects. If those methods work to attract one carrier, you may not seek a grant to offer the same incentives to another carrier. Eliminating that restriction would allow communities to implement previously viable methods for recruiting new/expanded air service. We will continue to submit grant applications for funding of air service initiatives to our community. In 2008, our focus is to stabilize our air service with increased marketing and local emphasis on our existing air carriers. Terminal Facility: The existing terminal building is significantly undersized to meet future passenger demands. With the added requirements of security, the existing space is not large enough to efficiently handle current peak passenger loads. The Plan has identified a new location for a modern Airline Terminal. This facility will be centrally located between the two primary runways separate from general aviation activities. New parking lots (currently excluded from funding), entry roads will be needed as well as ancillary taxiways and aircraft ramp space will be constructed. The land for this expansion needs to be acquired. The first step, land acquisition, has begun for a new terminal building. After the land acquisition is accomplished, the preliminary design phase will begin. The $22, 000,000 of funding for this project will come from the Federal Aviation Administration via Airport Improvement Program (AIP) entitlement and discretionary grants. BikelHike Trail Svstem in the .City of Dubuque, Iowa The City of Dubuque is an active participant in long range planning for a comprehensive bike/hike trail system that will provide multi-modal transportation for the Dubuque metro area. The plan calls for abike/hike network to encourage recreation and wellness, provide safe routes to school, and promote alternative modes of transportation to help reduce air pollution and roadway congestion. The intent is to develop safe, paved trails, with a corresponding website and maps, plus restrooms, benches and bike racks. Completion of the bike/hike trail system will add to the region's reputation as a tourist destination for both the State of Iowa and the tri-state area. The City's initial investment in the citywide bike/hike network has created a 10.5-mile on-street Heritage Trail Riverfront System through many of the community's targeted neighborhoods and the central business district. These areas have a higher than average concentration of racial and ethnic minorities, low and moderate income households, rental units, single-parent households, and elderly persons than the city at large. The Dubuque County Heritage Trail and the City of Dubuque's Heritage Trail Extension are part of the backbone system of the State Recreational Trail Plan. The City's Heritage Trail system is part of the designated route for the Mississippi River Trail (MRT) through Iowa. The MRT is a 2,000-mile bike trail system being developed through the river cities and river landscapes in the 10 states along the Mississippi River from Lake Itasca to the Gulf of Mexico. The City has along-standing commitment to a citywide bike/hike network that is accessible to all segments of the general population, including minorities, the elderly, and persons with disabilities. All City bike/hike trail projects comply with ADA and AASHTO guidelines for recreational trail facilities. All City bike/hike trails are open to the public free of charge. Since 1995, the City has has a successful funding partnership with the Iowa Department of Transportation (IDOT) for the planning, design, engineering, and construction of on- street and off-road bike/hike trails in Dubuque. The City also has successfully partnered with the Iowa Department of Natural Resources (IDNR) for land acquisition, design, engineering, and construction of off-road trails. Since 2005, the City of Dubuque has been an active participant in the Envision 2010 grass roots effort to create an integrated walking, biking, hiking trail system for the tri- state area. In August 2008, the DMATS Policy Committee adopted the Tri-State Area Integrated Walking, Biking, Hiking Network Plan. The Plan includes the urbanized areas of Dubuque County. The City of East Dubuque and Jo Daviess County in Illinois and Grant County in Wisconsin are served by DMATS. Amtrak Funding Vision To return commuter rail service between the City of Dubuque and the Chicago area. History In 2005, under the leadership of the Community Foundation of Greater Dubuque, discussion began on how to engage tri-state area citizens in a community visioning process. A Selection Committee was formed to coordinate this community-wide effort in developing a variety of ideas for the future of greater Dubuque and facilitate Envision 2010: Ten Community Projects by 2010. Although Dubuque is relatively homogeneous, every effort was made to achieve diversity on the Selection Committee by age, gender, race, ability, and disability. After the Selection Committee chose 100 ideas, the community came together again to participate in a town meeting where citizens voted for their preferred choices and narrowed the list to 30 ideas. The Selection Committee then narrowed the list to 10 high-impact ideas for greater Dubuque. Having commuter rail service between Dubuque and Chicago is one of the top 10 final ideas from the Envision 2010. Because it is one of the top 10 Envision ideas, a Passenger Rail committee has been created to ensure this vision becomes a reality. In 2006, the Envision 2010 Passenger Rail committee in Dubuque, IA, joined the Blackhawk Area Rail Coalition (BARC) in their endeavor to re-establish passenger rail service from Chicago, Illinois to the city of Dubuque. BARC is an Illinois coalition focused on getting rail service between Chicago, Galena and East Dubuque and is working as a citizen's committee under the leadership of the Midwest High Speed Rail Association. With the Association's guidance and directive, BARC has captured the attention of the Illinois legislature and Amtrak in a positive manner. Current Status Commuter rail service ended in the Dubuque area in 1981. The Envision 2010 Rail Committee views returning passenger rail to Dubuque from Chicago as an alternate form of transportation and a major influence on the continued economic and tourism growth of the Dubuque and surrounding area. With the assistance from the State of Illinois, a feasibility study conducted by Amtrak was recently completed with the study focusing on the city of Dubuque as the final destination from Chicago. Amtrak has expressed interest in Dubuque as a final destination point because of the riverfront developments in the City. Dubuque would provide Amtrak a port of entry to Eastern and central Iowa. The Feasibility study outlines capital cost and infrastructure costs that include track, station, platform and equipment for Amtrak service to Dubuque. The study also provides ridership estimation, revenues and operating costs for the service. The City of Dubuque, along with several other Iowa Communities, and the Iowa Department of Transportation have established a working group to promote State (IDOT) funding for Passenger rail service. The City has also hired a consultant to evaluate potential rail station sites in the Port of Dubuque and to prepare cost estimates for the needed improvements. Challenges The City and Dubuque Metropolitan Transportation Study (DMATS) continue to support the return of Amtrak to Dubuque from Chicago. However, funding challenges exist for providing a station and platform for the train. Amtrak requires that the local community commit to funding those costs. The consultant estimated the initial capital costs at $900,000. The return of Amtrak to Dubuque could partner well with another of the City of Dubuque's priorities, the planned intermodal facility in the port of Dubuque. Amtrak looks favorably on intermodal facilities for train stations; however, as stated earlier, it is up to the local community to commit to those costs. We request the delegation's support in assisting with the return of Amtrak rail service to Dubuque from Chicago by providing funding to assist with the infrastructure improvements such as the train station. Canadian Pacific Railway Company -Control - DM&E Railroad On September 30, 2008, the Surface Transportation Board (STB) approved the acquisition of the Dakota, Minnesota, and Eastern Railroad (DM&E) by the Canadian Pacific Railway (CP). The requirement of conducting environmental impact studies and providing any necessary mitigation prior to building in to the Wyoming Powder River Basin (PRB) was passed from the DM&E to the CP. Overpasses Required for City as a Result of Increased Rail Traffic The City is concerned that if the CP decides to build into the PRB rail traffic will increase exponentially. The existing at-grade railroad crossings will be blocked more often and for longer periods of time, thus reducing public safety by eliminating uninterrupted emergency response routes. The City's east -west vehicular traffic corridors will be essentially crippled. As a result, the City requests that the impacts be mitigated by mandating that the CP be required to construct elevated structure overpasses at 16th Street, to provide access to the Kerper Industrial Park, and at Charter Street, to provide access to the Port of Dubuque developed area. Based on the findings of the mandated Environmental Impact Study, other elevated structure overpasses may also be required within the City. Transit Support The City of Dubuque supports Congressional control of funding allocations from the Discretionary Bus and Bus Facilities Program (5309) to maintain and improve the area public transit service, and asks for your support of the $7 million allocated to Iowa buses statewide as presented in the Senate version of the FY 2009 Transportation, Housing and Urban Development Appropriations bill. 2. SUSTAINABLE COMMUNITY INITIATIVE - SUSTAINABILITY AND ENERGY EFFICIENCY The City of Dubuque identified Green City designation as one of its top priorities in 2006. Since then, multiple strategies and practices have been implemented to make Dubuque a more sustainable community. The City is a member of Climate Communities, and joins all of its members in believing that local government action on climate change is essential for America to achieve energy independence, renew economic prosperity and preserve our planet. Federal policies must empower local governments with the tools and resources to solve the climate challenge. We request your support in achieving the following goals of the Climate Action Blueprint. Enact an economic recovery policy that creates green jobs by: • Providing $10 billion in Energy Efficiency and Conservation Block Grants for local governments; and • Providing $18 billion for local transit infrastructure projects. Implement clean energy policies that: • Reduce building energy use by 30 percent by 2025 by establishing national building efficiency targets and providing annual funding to help local governments meet or exceed the national targets; and • Produce 25 percent of the nation's power from renewable energy by 2025 through renewable portfolio standards, and measures to overcome interconnection and rate barriers to community-scale renewables. Invest in local climate capacity through annual federal appropriations that: • Fully fund the Energy Efficiency and Conservation Block Grants at $2 billion annually; • Provide $250 million annually for EPA Local Climate Demonstration Grants; • Provide $400 million annually for the DOE Clean Cities program to support low emission vehicles and cleaner fuels including alternative fuels infrastructure and plug- in hybrid vehicles; and • Provide $100 million annually for the Forest Service's Urban and Community Forestry program. Transform the nation's transportation strategy by: • Substantially increasing federal resources for public transit; • Supporting local initiatives to reduce vehicle-dependence and use including resources for smart growth and transit-oriented development, VMT reduction planning and implementation, walkability programs, bikeways and greenways, infill and brownfields revitalization, and reuse of historic and existing buildings; and • Funding low-emission busses, clean local fleets, and local alternative fuels infrastructure. Create American green jobs and green businesses by: • Creating a $500 million "Climate Prosperity" demonstration grant program that directs Economic Development Administration, HUD, Small Business Administration, and USDA Rural Development funding to support local economic development strategies that produce green businesses and green jobs; • Fulfy funding the Green Jobs Act of 2007 at $125 million annually to support worker training in emerging manufacturing and hi-tech sectors; and • Creating an "Energy Conservation Corps" service program to empower young Americans to be part of new clean energy solutions. Build self-reliant communities that are prepared for climate impacts by: • Creating a federal interagency task force on Climate Resiliency and Community Preparedness to produce a federal action plan for (a) national research and development; (b) local technical assistance; and (c) new protocols for intergovernmental collaboration at local, state, regional and federal levels; • Expanding the FEMA Pre-Disaster Mitigation program to $500 million annually to support local government initiatives to address climate impacts; • Expanding NOAA's Coastal Zone Management Act and climate programs to directly support local climate adaptation planning and implementation; and • Fostering and funding local efforts to support families and populations most vulnerable to climate impacts. HUD Energy Action Plan The City of Dubuque Housing & Community Development Department Energy Program can help stretch the value of HUD and other funds by encouraging energy efficiency during renovation projects. Ensuring energy efficiency will maximize the value of CDBG, -HOME, HOPE, and other HUD funds. This is especially important to the Dubuque community as there is a higher percentage of older, energy-inefficient housing stock. The Environmental Protection Agency (EPA) is working with the Department of Energy (DOE) in this Partnership to expand efforts to promote ENERGY STAR products and appliances. ENERGY STAR is agovernment-backed program that helps businesses and individuals identify energy efficient products, appliances, and homes to protect the environment and save energy. As a key part of this initiative, HUD, DOE, and EPA are teaming up to grow Home Performance with ENERGY STAR, a whole house retrofit program to provides technical assistance to local programs that promote wise home energy use; in turn reducing the community's energy intensity and decrease greenhouse gas emissions. U.S. Department of Housing and Urban Development (HUD) developed the HUD Department-Wide Energy Action Plan, which was approved in April 2002. The HUD Energy Action Plan implementation is aimed at reducing HUD's $4 billion "energy bill" by promoting energy efficiency in approximately five million units assisted, insured, or financed by HUD. The Energy Action Plan includes 21 measures aimed at upgrading the energy efficiency of existing and new housing, using an established inventory of proven energy-efficient products and appliances that can be put to work immediately through existing programs. 3. WAREHOUSE_ DISTRICT The Dubuque Warehouse District is a major community revitalization effort to create an urban mixed-use neighborhood in a 17-block area adjacent to downtown Dubuque. The area has 28 historic buildings that were constructed prior to 1935 and were once part of two major millworking businesses that made Dubuque the largest millworking operation in the United States during the 1920's. Most of the millworking industry has left the area leaving approximately one million square feet of underutilized space. The revitalization of the Warehouse District has become a top priority for the Dubuque City Council as it is being designed to address the issues of sustainability, workforce and economic development, historic preservation, and arts and culture. The following is a discussion of how the Warehouse District revitalization will become a model to address these issues. Sustainability. A paradigm shift is occurring where the environment is becoming a more significant consideration in community development. The City of Dubuque has adopted a sustainability policy focusing on the three elements of Sustainability; Environmental and Ecological Integrity, Economic Prosperity, and Social and Cultural Vibrancy. The City believes that development in Dubuque should achieve all three elements to ensure that the future of Dubuque is viable, livable, and equitable for all. This project will be utilizing the existing built infrastructure (i.e. the buildings and non- obsolete utilities) as opposed to building new buildings on the outskirts of town or tearing down these functionally obsolete buildings and putting the materials in the landfill. The Warehouse District buildings have great value in their embodied energy, or the energy used in constructing them, and that energy should be saved. These buildings have historical character, have years of useful life and should be redeveloped to provide a place for Dubuque to grow without wasting our agricultural resources. These buildings also have access to existing utilities and public infrastructure decreasing the negative impact on the City's services. Several components of the Warehouse District revitalization will positively address environmental impact this area will have. The district is being designed to take innovative approaches to water management including; green roofs, permeable paving on city streets, rain gardens to encourage infiltration, and grey water systems for the landscape watering and other non potable water uses (i.e. toilets). The City is also researching the utilization of district heating, cooling, and power systems to increase energy efficiency and renewable resource utilization. An analysis will begin soon to evaluate different power sources (geothermal, biomass, power-plant cogeneration, solar, and wind) to determine the effectiveness and the applicability of the technologies for the district. Workforce and Economic Development. Iowa and particularly Dubuque, has experienced a "brain drain" of human talent leaving the state. One major reason for this is the lack of an urban sense of place that young professionals seek early in their lives. The Warehouse District will be an urban lifestyle center where a person can live, work, and recreate all within a relatively close proximity. This District will provide a great marketing tool to recruit and retain young professionals. Urban unique neighborhoods attract creative industries promoting economic development and this is already being seen in the Warehouse District. A marketing firm and several technology companies have committed to the area and more will do the same when the infrastructure and environmental issues are addressed. The U.S. economy will continue to be the location for these creative industries and it is important to create an atmosphere where they can thrive and grow. Historic Preservation. There are 28 buildings in the Warehouse District that are located within the Historic Millworking District, a subarea of the Warehouse District listed on the National Register of Historic Places. The City and its partners believe it is important to save these historic buildings that tell the development history of Dubuque. As a part of the redevelopment, we intend to create a "living museum" in the district so when people are walking and enjoying this unique, sustainable, and creative place, they will also be exposed to the history of the area. This will be accomplished by installing information stations that tell the story of the buildings; who owned these buildings, what they were used for, and how the products that were created here were produced. Arts & Culture. The Arts and Culture community has embraced this area and want to create an environment where the arts are created and celebrated. Several art shows already utilize the space and anon-profit art center has moved to the area providing opportunities for disadvantaged children to be exposed to creating art. The arts play a large role in creating an inviting atmosphere for residents and businesses to thrive. In partnership with the U.S. Economic Development Administration (EDA), the major building owners, the City, and other community organizations, a Master Plan for the District is currently being created and is expected to be completed in January 2009. It will layout the specifics of the District to achieve above issues. The revitalization effort is estimated to be a $200 million project broken into three phases. The $200 million consists of improvements relating to the buildings, infrastructure, and streetscape within the District. 4. ECONOMIC DEVELOPMENT FINANCE TOOLS Ongoing economic development initiatives in the City of Dubuque, specifically restoration and adaptive reuse of the constellation of buildings in the Historic Millwork District (warehouse district) and other downtown buildings including the Dubuque building, benefit from federal financing programs. Two in particular merit support from our Federal representatives. New Market Tax Credit Program The New Market Tax Credit program provides a potential financing tool for major economic development projects in Dubuque including the Warehouse District restoration and revitalization, the Dubuque Pack site redevelopment and the Briggs project on the Fourth Street peninsula. Unfortunately, the program has not benefited rural states and communities in the same manner it has benefited larger metro centers. Expanding the program and helping to ensure it is accessible to smaller communities in rural states would benefit the City of Dubuque and its partners in the private sector. National Historic Tax Credits Historic Tax Credits at the state and federal level provide valuable financing tools for expanded economic development in Dubuque. At the federal level of government we support passage of the Community Restoration and Revitalization Act. This legislation is a package of amendments which would further the ability of tax incentives to enhance investment in main street neighborhoods and older urban neighborhood reinvestment. Additionally, we support increasing federal tax credits from 20% to 40% for the first $5 million in expenditures for a project and to 26% for the remaining portion of a project. 5. HOME DESIGNATION Dubuque is the largest city in Iowa that is not a Participating Jurisdiction (PJ) for the HOME program. In order to receive PJ status, Dubuque has to meet a $500,000 Congressional appropriations threshold. According to the HOME Program allocation formula, Dubuque would have received $257,551 in 2008 as a PJ, leaving it $242,449 short of the $500,000. The City is requesting aone-time Congressional appropriation of $242,449, to meet the $500,000 threshold. After this and an IDED one-time appropriation, Dubuque would receive an annual $250,000+ HOME grant, justifying the one-time additional public investment. The HOME funds would essentially restore the shortfall created by a reduction in CDBG funding, and allow us to deliver needed services and resources to our community and economic development programs. 6. YOUTHBUILD An important component of Dubuque's sustainability initiative emphasizes restoring people. The well-established HEART program helps us to meet this goal, and is a vital component of our workforce development initiatives and dedication to youth identified through the community's Every Child, Every Promise initiative. HEART is changing the lives of our community's youth by providing vocational construction training and education through the complete rehabilitation of blighted properties in Dubuque. The program teaches self-reliance and instills a strong sense of accomplishment, and provides support for a segment of our population that would otherwise slip through the cracks. The City and its partners have applied for a Department of Labor grant in order to expand HEART to become a YouthBuild program. This expansion would allow us to serve a larger number of at-risk youth and greatly expand the number of services offered to participants. The growth would also allow the program to revitalize more of Dubuque's historic homes and fill a gap in affordable home ownership needs for families. We appreciate the federal staff's support of the HEART program to date and request your support of the YouthBuild application. 7. BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT Purpose: To limit flooding in low/moderate income neighborhoods. In 1999, an unusually intense spring storm deluged Dubuque with rainfall. The storm produced in excess of four feet of stormwater in city streets and five feet of stormwater in basements, and resulted in a Presidential Disaster Declaration for Dubuque County. Flood damage devastated hundreds of homes in the City of Dubuque. At the time of the flood, the City was in the process of adopting a stormwater Management Plan. On July 23, 2001, HDR Engineering, of Omaha, Neb., the consulting firm hired by the City to produce the stormwater Management Plan, presented its findings to City Council. Dubuque's solution for solving the Bee Branch watershed stormwater problems consists of three projects -two detention basins and a mile long open waterway. The City completed the $1,100,000 Carter Road Detention Basin in the spring of 2003. Construction will be complete on the $4,000,000 in improvements planned for the W. 32nd Street detention basin in the spring of 2009. The Bee Branch Creek Restoration Project is the reconstruction, resurrection, restoration of over 4,500 feet of buried creek. It will re-introduce the confined Bee Branch Creek to the North End Neighborhood. Once it is complete, 1,000 homes will benefit from flood protection that meets today's design standards for stormwater management. The City understands that many citizens in Dubuque and across the country must deal with flooded The project will be done in two phases. A an estimated cost of $9,855,000, construction of the first phase, or Lower Bee Branch Creek Restoration project, is scheduled to start in the spring of 2009. Construction of the second phase, or Upper Bee Branch Creek Restoration project is scheduled to start in the fall of 2010 at an estimated cost of $21,890,000. The City has established a storm water utility, and therefore the local match is available for this project. Shown below is the City's vision for the Bee Branch Creek Restoration Project. 8. AMERICA'S RIVER AT THE PORT OF DUBUQUE Intermodal Facility The City of Dubuque wishes to prepare a study to explore needs and justification for a Downtown Transportation Center Intermodal Facility for the Port of Dubuque. The type of study will include a parking and transit component and will be used to determine the specific location and composition of a facility, establish a parking and transit plan, and operating revenue. The cost of the study is estimated to be $100,000 with a total project cost estimate of $15 million. Similar projects in Iowa have been funded between a range of $7.5 million for the Near Southside Transportation Center Intermodal Facility in Iowa City, Iowa to $10 million for the UNI Multi-modal project in Waterloo. The downtown and Port of Dubuque area has supported tremendous commercial growth over the last decade including grand tourist attractions and festivals in the revitalized Port area: new local, regional, and national businesses in downtown; and the restoration and revitalization of previously dormant historic buildings. The net result is the generation of an active multifaceted district for working, living and playing. The area has evolved from the traditional nine-to-five central business district into a vibrant and lively activity center. This rapid evolution has created public concerns about transportation and parking capacity. Construction of an Intermodal facility would be a strategic use of the limited acreage available at the Port of Dubuque that would incorporate smart growth principles to limit the number of parking surfaces at the Port and preserve as much land as possible for strategic urban development consistent with the rest of the downtown area. The project will include a parking and transit component and would integrate a concrete parking structure containing approximately 750 parking stalls with the bus terminal housed integrally within the structure at ground level. The proposed facility will be located adjacent to a rail spur in the Port of Dubuque that may serve as a connecting tourist commuter train line along the Mississippi River. The City is working with the Iowa DOT, the Illinois DOT, and Amtrak to secure daily passenger service from Chicago to Dubuque. A recent study indicates that this area would provide the best site in the Port of Dubuque for Amtrak services. The River's Edge Plaza in the Port of Dubuque serves as a docking station for the Delta Queen, Mississippi Queen and other local and regional riverboat cruise services who rely on private and public bus service during their stay in Dubuque. The parking facility will accommodate park-and-ride and general parking users through hourly, daily and monthly revenues. The bus operation provides pick-up and drop-off of public and private bus service including a recently deployed trolley shuttle service between the downtown and the Port of Dubuque, KeyLine fixed route service, RTA, interstate charters and local taxi cab and tour operators. The Port of Dubuque Master Plan includes construction of a transit station and the project is part of the metropolitan area long-range transportation plan. Phase I and Phase II environmental assessments have been completed and the City has received comfort letters from the Iowa Department of Natural Resources. This project is eligible for 80% ($12 million) federal funding and the City of Dubuque is seeking support of the Congressional delegation in securing those funds. National Mississippi River Museum & Aquarium Expansion and Research Center The City Council supports the efforts of the Dubuque County Historical Society in the next phase of the development of the National Mississippi River Museum & Aquarium to build the Great Rivers Center. The Museum & Aquarium is the leading tourism attraction in Dubuque and the surrounding area and it has a significant effect on the economy of the region. Not only does it draw 200,000 people a year, but it is often used by economic development officials to show quality of life to prospective companies who want to ensure that they can attract and retain employees in Dubuque. The Museum's new Great Rivers Center will create 45 jobs during the construction phase and 76 jobs annually once it is completed, both on site and in the community. It will continue to draw investment to Dubuque and the Port of Dubuque and will enhance Iowa's role as having the leading educational institution in the nation to learn about the Mississippi River. The new center will be a green building, LEED certified, and an important teaching example of energy and water conservation. The research center will conserve several important species and will explore the Mississippi River's relationship to the Gulf of Mexico with nationally important issues such as hypoxia and the dead zone, flood control, and captive breeding and propagation of endangered species. This expansion of the award-winning National Mississippi River Museum & Aquarium will double the size and impact of the current museum and enhance even further Iowa's role as a national and international leader in environmental education. Current Status: The total budget for the Museum expansion is $70 million with $56.5 million committed to date. Over $29 million has been committed by the City of Dubuque for parking and infrastructure. The National Mississippi River Museum & Aquarium has been awarded an $8 million grant from Vision Iowa, a $5 million grant from the National Scenic Byway Program, as well as significant support from Dubuque County. The Museum & Aquarium has also already raised $6.2 million in gifts of leased land and building and $6.5 million in private donations from local and national donors. The Museum & Aquarium will raise the remaining $5.5 million in private giving, bringing the total for private giving to $18.2 million. The request for future federal support is $8 million ($5 million in 2009 and $3 million in future years) which will be matched several times over and will be important to create jobs and as leverage for continued private giving as well as possible state or other governmental support. A. National River Research and Conservation Center The Museum & Aquarium will build and staff a major research center for rivers. This will be a research center that addresses the need to reduce nutrient loading, understand sediment flow, increase understanding of habitat preservation, and address other nationally significant issues. With the strong support of Governor Vilsack and now the Iowa Department of Natural Resources under Governor Culver, the new Research Center will collaborate with federal and state agencies, Iowa State University, University of Iowa and other land-grant universities, and local and national academic institutions. The Museum will also continue to work with threatened and endangered animals such as mussels, mud puppies, salamanders, frogs and other species, which will be conserved to increase their populations. What separates this from many other institutions is that exhibits will be created to let the public know the research that is underway at the Museum and at related sites. Language authorizing the establishment of the research center at Dubuque is included in the Water Resource and Development Act, which has been passed by Congress. With passage of this legislation in 2007, funding can now be appropriated by Congress. B. RiverMax Digital Theater A large screen theater will be constructed and films will be created to tell the story of the rivers of America and how those rivers and the people of those rivers have shaped America. It will be a powerful and compelling tribute to the accomplishments of the people of America's rivers with environmental emphasis. This theater would use digital technology and be equipped for 3-D films as well. A rotating schedule of other films will be programmed during evenings and as a second film offering each day. C. RiverWORKS Splash Zone Family Museum Interactive play exhibits with educational emphasis will provide ahands-on children's museum with a water theme. These children's exhibits will provide a place for children to interact with each other and with their families. D. RiverWAYS and Rivers to the Sea Galleries Exhibit space in a newly donated building comprising 52,000 square feet will tell the dramatic story of our nation's rivers with designs by the award winning Chadbourne and Associates, designers of exhibits at the Smithsonian Museum of American History and the new George Washington-Mount Vernon Exhibit and Education Center. Exhibits will teach people about watersheds, cultural and ecological stories, the people, and their connection to the sea. Guests will explore artifacts, inter- actives, images, live animals, flow tables, touch screens, models, mini theaters, and other exhibits. The National Rivers Hall of Fame exhibits will provide more information about the significant people in American river history who made their history on our rivers. The Museum & Aquarium is working with NOAA, the Smithsonian, EPA, and Department of Interior at the national level to develop these concepts for exhibit and outreach, not only in Iowa, but also across the nation, including the Shedd Aquarium in Chicago, the National Aquarium in Baltimore, and the Aquarium of the Pacific in Long Beach. Museum staff working with our federal partners will seek funding support for these America's River Phase II exhibits from competitive and other grant programs such as Institute of Museum and Library Services, National Science Foundation, National Endowment for the Humanities and others. E. Jobs The Museum's Great Rivers Center will create 45 jobs during the construction phase and 76 jobs once it is open. The Museum's expansion will create and retain 26 jobs on site and also create economic activity and tax revenues to support an additional 50 full time equivalents. F. Timeframe The Vision Iowa contract calls for the Museum & Aquarium to open this companion museum in May 2010. Federal funding at the $5 million level in calendar year 2009 would enable the Museum & Aquarium to meet the Vision Iowa deadline. Additional federal funding of $3 million in future years would enable the Museum & Aquarium to develop the Research, Outreach and Conservation Center to its full national potential. 9. COMMUNICATIONS As a member of the National League of Cities (NLC), the United States Conference of Mayors, and the National Association of Telecommunications Officers and Advisors (NATOA), the City of Dubuque joins these organizations in acknowledging that the historic transformation of our communications infrastructure is essential to the economic competitiveness of the local governments, states and the nation. Our public safety officials need E-911, Communications Assistance for Law Enforcement Act (CALEA) capabilities, and spectrum for wireless communications to protect the public. Consumers deserve a broadband marketplace that includes competition for both price and service quality. Neither economic status nor location should be a barrier for citizens to broadband networks. Local businesses require access to networks in order to compete and local governments require the ability to manage our resources and tax base in order to best serve our constituents. • Preserve local authority to manage public rights of way for the benefit of everyone. Cable television and video franchise agreements are an essential part of managing the rights of way and ensuring appropriate compensation for the benefit of the public. These benefits include not only monetary payments, but also franchise terms such as support for public, educational and governmental (PEG) access, including institutional networks (I-Nets). • Protect local authority to establish taxes that are consistent with local needs and maintain adequate revenue. Local governments recognize and support efforts to modernize the collection and administration of local communications taxes, but in a manner that preserves the ability of local government to impose and collect taxes to fund vital services for its citizens consistent with local values. • Protect and enhance local ability to provide for homeland and hometown security. Local government's first responders need fully deployed E911, access to spectrum and funding for interoperable communications to protect the public. • Recognize local roles in promoting nondiscriminatory access to the full range of communications services. Municipalities are helping to bring advanced services to individuals and small businesses. Cities must have the autonomy necessary to encourage competition and infrastructure deployment that will lower prices and improve service quality for their citizens. Request of Congress • Do not nationalize cable and video franchising. • Protect local governments' ability to facilitate or offer advanced communications services to their citizens • Any changes to the collection and administration of communications taxes, including extensions or modifications of the Internet Tax Freedom Act, must preserve local authority to collect revenue consistent with focal needs. Do not undermine or eliminate support for PEG access and I-Nets. Local Government Principles for Communications Policy Modernization We believe that Congress and state and local governments can achieve these goals by embracing the following principles: • State and Local Authority The City supports a balanced federalist approach that encourages new innovation and technology while preserving appropriate authority for state and local governments to protect their citizens -particularly in relation to public safety and homeland security, promoting local competition, promoting economic development, taxation, expansion of access to advanced networks, rights-of-way management, and consumer protection. • Public Safety State and local public safety agencies rely heavily on communications services and systems to protect public safety. In order for states and localities to carry out this mission, it is essential that important obligations, such as E911 and CALEA, be applied to all relevant communications platforms, regardless of technology. States and localities must also have sufficient spectrum and funding to obtain interference-free, interoperable emergency communications. In addition, it is important to preserve and strengthen the ability of state and local government to protect and warn the public through emergency alert systems. • Competition States and localities benefit from, and support, competition and innovation and technology neutrality. When a fully competitive market does not exist, states and localities must retain the authority to ensure nondiscriminatory access to essential facilities, to prevent incumbents from using market power to stifle competition and innovation, and to maintain consumer safeguards when market forces fail. • Use of public property and rights-of--way State and focal governments are the trustees of public property and must retain the power to manage those assets for the benefit and safety of the community. • Municipal Broadband State and local governments can play an important role in making advanced services, including broadband services, available to their citizens, based on specific local needs and conditions. Federal policy should promote the rights of local governments that choose to offer those services directly to their citizens. • Video Franchising The federal government should not preempt or restrict local authority to negotiate mutually beneficial agreements and grant franchises to video providers. Public, educational, and governmental channels are important tools citizens use to participate in local democracy. Ensuring expanded access to multichannel video programming is an important role of local government. • Expanded Access States and localities support policies and programs that advance access to communications services and ubiquitous broadband deployment in all areas of the country. Current initiatives that promote universal and affordable access to communications services include the federal and state universal service funds, the E-Rate program, Lifeline and Linkup, urban and rural infrastructure support mechanisms, and obligations ensuring equitable cable and broadband deployment. • Taxation States and localities should retain full flexibility, as does the federal government, to structure their tax policies in ways that best serves their citizens. • Consumer Protection States and localities are best positioned to respond effectively to a wide variety of consumer concerns, including but not limited to complaints related to service quality and affordability, reliability, deceptive practices, billing practices, privacy, and criminal activity. • Wireless Zoning and Siting It is essential for local communities to be able to address the expansion of wireless facilities so as to promote the deployment of advanced communications while also protecting the interests of citizens in safety, sound planning, and aesthetic concerns. Cellular carriers have petitioned the FCC to create new, onerous regulations that would make it more difficult for local governments to carry out their responsibilities in this area. The Communications Act prohibits such FCC regulation. Congress should ensure that the balance struck in federal law is not overturned by agency action. Local government strongly endorses promoting competition for all consumers and treating like services alike. The elected leaders of our nation's cities and counties stand ready and willing to welcome video competition in their communities. Centralizing franchising at the federal or state level, however, limits the benefits of head-to-head video competition to a chosen few, and deprives consumers of important protections. • The FCC Recent FCC actions to regulate local franchising have compromised local governments' ability to act in the best interests of their citizens. Congress should act to prevent the FCC from overstepping its authority and altering the balance of federal, state, and local authority that Congress established in the Cable Act. The FCC's recent orders fly in the face of the law and threaten to disrupt long-standing cable television franchise agreements. Before Congress acts, it should consider: • States where statewide or state-controlled franchising is currently in place do not see greater or faster video competition deployment than states where it is not. • Franchises do not just provide permission to offer video services. They are the core tools local government uses to manage streets and sidewalks, provide for public safety, enhance competition, and collect compensation for private use of public land. Eliminating local franchises deprives local government of the power to perform basic functions. Competition is for everyone. Current national policy implemented through franchises encourages competition throughout the country, not just in urban or suburban areas and not just for the wealthy. In less than 10 years, under the current system, broadband service has been made available to 91 % of all homes passed by cable. • Neither Congress nor the FCC should try to manage local streets and sidewalks from Washington. National franchising would abrogate a basic tenet of federalism by granting companies access to locally owned property on federally defined terms. Market factors, not local governments, control the pace of new broadband deployment. Telephone companies have not yet seriously dedicated resources to negotiate franchises in many markets. Potential video competitors require relatively few franchises to implement their announced business plans (for AT&T 1,500-2,000 franchises, for Verizon 100-200 franchises). 10. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING The City of Dubuque relies on CDBG money to fund many of its vital programs. Projects that are at least partially funded by CDBG include rehabilitation of rental and owner-occupied housing, homeowner education classes, lead paint hazard abatement, commercial and industrial building rehabilitation and economic development, childcare referral services, dispute resolutions services, and neighborhood leadership training. In the last seven years, federal CDBG funding has been cut by 18.8%, or $279,573. This severe cut has hurt local communities -local economies, local projects, and, most importantly, the low- and moderate-income households that reside in these communities and need the assistance. The CDBG formula funding has never been adjusted for inflation (since the inception of the program in 1974), even though construction costs, wages, and other program costs have escalated sharply in the past three decades. By continuing to level-fund the formula portion of the program - at $3.71 billion over the past three years -the impact and purchasing power of CDBG continues to shrink because of increasing inflation. The U.S. Conference of Mayors and the National Community Development Association are calling for a doubling of CDBG funding, to $8 billion, over the next several years. The City of Dubuque requests that our congressional members support the CDBG program during the FY09 budget and appropriation process, seeking support of $4.1 billion in formula funding in FY09. 11. INDIAN GAMING REGULATIONS The City is concerned about the uncontrolled growth of Indian Casinos on off premises (reservation) lands. There are several pieces of legislation which would place controls on this growth, including HR 4893 (The Right Act) and S.2078 (Indian Gaming Regulatory Act Amendments of 2006). The City supports legislation that places safeguards on the growth of Indian casinos. Specifically, the City encourages legislation to: • Rewrite Section 20 of the Indian Gaming Regulatory Act (IGRA), which authorizes reservation shopping. This means that under no circumstances can a tribe that already has land in trust acquire more land that is not contiguous to its reservation, and use it for gaming. This will put a permanent end to reservation shopping. Give local communities a seat at the table during the process to mitigate impacts of casinos proposed by newly recognized or restored tribes. This means the tribe and local community must enter into a memorandum of understanding where the tribe must pay the community for mitigation of direct effects of the casino on infrastructure and services like transportation and public safety. • Ban any attempts to establish off-reservation casinos outside of the state where the tribe presently resides. 12. CRESCENT COMMUNTY HEALTH CENTER Crescent Community Health Center (CCHC) achieved Federally Qualified Health Center (FQHC) status on September 1, 2007. The Dubuque community is extremely thankful to the Congressional delegation who assisted in obtaining this community priority. As Crescent Community Health Center moves forward, the expectations of Health Resources and Services Administration (HRSA) and the Bureau of Primary Health Care (BPHC) are being incorporated into the operations of the Center as specified in the Policy Information Notices (PINs) and Program Assistance Letters (PACs). The Center works with the Iowa/Nebraska Primary Health Care Association (IA/NEPCA) and will be working with staff from HRSA and BPHC to meet the program expectations during its first year. CCHC will continue to provide medical and dental care to those without access to these services based on a sliding fee scale. As CCHC's client base grows, clinic and service expansion plans will be implemented as funding become available. 13. PUBLIC WORKS Two federal bills are of concern to public works departments nationwide. They are HR 2452 and S 2080. Both bills focus on the management of municipal sanitary sewer systems and would prove to be both financially and operationally onerous for the City and citizens of Dubuque. These proposed federal mandates are not accompanied by federal funding. 14. Tri-State Information Technology Initiative The City in partnership with other area organizations including NICC, Iowa Workforce Development and GDDC request support for the Tri-State Information Technology Initiative grant request. This grant application was being submitted in response to the Community Based Job Training Solicitation for training options for underutilized workers in order to continue our efforts in workforce development.