Loading...
Priorities - Federal DU~~E ~ck~ MEMORANDUM December 12, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Priorities and Issues: Washington, D.C. Economic Development Director Dave Heiar recommends City Council approval of the City of Dubuque Priorities and Requests for Federal Appropriations. Following City Council approval, City representatives will share this information during the February 7-9, 2007 trip to Washington, D.C. for the annual information sharing discussion with the Iowa Congressional Delegation. I concur with the recommendation and respectfully request Mayor and City Council approval. fltA ~~~/L Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Driector CITY OF DUBUQUE, IOWA MEMORANDUM December 11, 2006 TO: FROM: SUBJECT: Michael Van Milligen, City Manager David J. Heiar, Economic Development Director CD ~ City Priorities and Issues: Washington, D.C. INTRODUCTION AND DISCUSSION On February 7-9,2007 City representatives will be in Washington D.C., participating in the annual information sharing discussion with the Iowa Congressional Delegation. In preparation for the meeting Congressional staff are requesting information on the priorities or issues of the City. In reviewing the City Council goals for 2006, as well as the information provided to the staff in the past, I have developed the attached report entitled "City of Dubuque Priorities and Requests for Federal Appropriations." RECOMMENDATION I recommend City Council approval of the "City of Dubuque Priorities and Requests for Federal Appropriations." THE CITY OF E DUB 2007 Federal Legislative Priorities 1. TRANSPORTATION Iowa Hiqhwav 32 - (Southwest Arterial): The Dubuque City Council, the Dubuque County Board of Supervisors, and Dubuque Metropolitan Planning Organization (DMA TS) has 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 project will be a 6.1-mile four-lane divided freeway with priority 1-access control as an alternative route for traffic through southwestern Dubuque and will connect the new Dubuque Technology Park on U.S. Hwy 61/151 with the new Dubuque Industrial Center West, and the existing Dubuque Industrial Center near U.S. Hwy 20. The highway then extends north to John Deere Dubuque Works. ~ Key - Southwest Artenal - Highways/Streets/Roads ~ - Dubuque C,ty Limits / .J-" 1 Since October 2001, five companies have made expansion decisions at the Dubuque Industrial Center West, based upon assurances that the proposed Iowa Highway 32 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-foot distribution center in the Dubuque Industrial Center West. The completion of Iowa Highway 32 is vital to other expansion announcements: Adams Company, Art's Way - Vessel Systems, Giese Manufacturing, and Tri-State Industries. Other companies asking for a connection between U.S. Hwy 20 and U.S. Hwy 61/151 include John Deere, Nordstrom Distribution Center, A.Y. McDonald, Swiss Valley Farms, Flexsteel, and Dubuque Stamping and Manufacturing. Preliminary project cost estimates, which include engineering design, the acquisition of all right-of-way required for the ultimate build-out of the full four-lane project, resource mitigation and the construction of the interim two-lane highway is $71,000,000. The Metropolitan Planning Organization, DMATS, has committed $10 million in Surface Transportation Program funds for the facility. The City is also seeking financial assistance through the State of Iowa Department of Transportation Revitalize Iowa's Sound Economy (RISE) program. In February 2003, Senator Tom Harkin announced federal budget approval of $1 ,900,000 to complete the preliminary engineering design phase. The City has agreed to manage the next phase of the project, and 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 Iowa Highway 32 (Southwest Arterial). The preliminary design phase is anticipated to be complete in the fall of 2007. 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. As a result of hard work from Dubuque's Congressional delegation, the Federal Transportation Bill presented a new opportunity for funding. Congressman Nussle was able to have inserted into the House version of the bill $20 million. In Conference Committee that was first reduced to $15 million. Senator Grassley was then able to get the number increased to $26.18 million. The approved Federal Transportation 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 Senators Grassleyand Harkin for targeting this project with federal earmark authorization, which will playa critical role in moving forward with this project. Due to project funding constraints, it was decided that the project would need to be developed in three (3) stages. The initial stage (Phase I) 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. Phase I will provide a current cost opinion for all right-of-way acquisitions required and both the four-lane and two-lane facilities. 2 Phase II will include the acquisition of all right-of-way required for the ultimate build-out of the full four-lane project. Right-of-way acquisition could begin in 2006. Phase III will provide for the completion of preliminary and final plans for construction of the interim two-lane highway. The only access to this interim facility would be via at- grade intersections. The interchanges would be constructed with the future development of the ultimate four-lane freeway. The interim two-lane highway would function until additional funding is available to construct the ultimate lanes and interchanges and should provide a reasonable level of traffic service through the year 2015. Current Status: The Iowa Department of Transportation has not included funding for the Iowa Highway 32 (Southwest Arterial) project in their Five-Year Transportation Plan. The City has submitted a revised application for RISE funding that could be used as the 20% match to allow access to the $36.18 million in federal funds now available and has met with key staff members to emphasize the importance of the Iowa Highway 32 (Southwest Arterial) project to the State and to the Dubuque area. The RISE application was deined in January 2006. This project continues to be a top priority, therefore, other strategies are being evaluated to insure that this project moves forward. The engineering consultant, Earth Tech is continuing work on the preliminary engineering design phase. The design team has been preparing cost scenarios for several development options for the Phase I alternative US 151/61 to N. Cascade Road and evaluating alternatives for completing components of the project with the federal funding, DMATS funding and local match. The DOT Commission has directed the City/County to seek additional local funding for this project and to pursue all viable options to fund the shortfall. City staff has presenting project funding options to the Iowa DOT for further consideration. 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 help convince the Iowa Department of Transportation Commission to commit funding toward this vital project. Capacity Improvements - U.S. Hiahwav 20 I Mississippi River Bridae Proiect 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 west: Galena, III.; Rockford, III.; and Chicago. To the east: Waterloo, Iowa and the 1-35 interchange. The U.S. Hwy 20 Mississippi River Bridge Project is 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 3 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 on going 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 spring of 2006. Congressman Nussle was able to obtain an additional $25.5 million in the new transportation bill. The City extends its sincere appreciation for the hard work of Dubuque's Congressional delegation and the extraordinary efforts by Congressman Nussle, Senator Grassley, and Senator Harkin, in support of this project. Current Status: The Iowa Department of Transportation has not included funding for the U.S. Hwy 20 Mississippi River Bridge Project in their Five-Year Transportation Plan. Based on a total project cost of $165 million (2004 dollars), and considering the current $35 million and the $25.5 million - Federal Transportation Bill appropriation, a $104.5 million deficit exists to complete construction. In addition, the City is in need of $3 million in federal funds to relocate municipal utilities for this project. Dubuaue Reaional Airport In 2003, the Dubuque Regional Airport Commission completed an Airport Master Plan study which has been accepted by the FAA. The primary objective of this study is to formulate and maintain a long-term development program that will yield a safe, efficient, 4 economical and environmentally acceptable air transportation facility. Analysis of the plan has identified the following need: Terminal Facilitv: 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, 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. Funding for this project will come from the Federal Aviation Administration via an Airport Improvement Program (AlP) grant. Air Service Development Proaram: The Department of Transportation passed a bill called the Small Community Air Service Development Pilot Program Grant. This grant helps small non-hub airports with monetary support of airline marketing endeavors. The Department of Transportation's grant application has guidelines, which clearly state the core objective of the Pilot Program is to promote community involvement by addressing air service issues through public/private partnerships. These partnerships include having a financial commitment from the community to achieve the Airport's air service goals. The public/private partnerships and their commitments are crucial to the Airport's success in achieving this grant. In 2003, the Dubuque Regional Airport did receive $610,000 to attract additional air service to our community. The result was American Eagle airlines adding a fourth daily flight to and from Chicago O'Hare. We will continue to submit grant applications for funding of air service initiatives to our community. In 2007, our focus will be to attract additional air service with new routes and hubs to our market. 5 6 2. 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 Stormwater problems consists of three projects - two detention basins and a mile long open waterway. The $31,700,000 open waterway has been controversial; many residents prefer the construction of a $49,300,000 underground system. However, the detention basins are not controversial, and will assist greatly in mitigating the problems facing hundreds of residents in the Bee Branch watershed: The City completed the $1,100,000 Carter Road Detention Basin in the spring of 2002. W. 32nd Street Detention Basin Project The $4,000,000 improvements planned for the W. 32nd Street detention basin are currently under design. They will double the size of the existing detention basin. When completed, the peak runoff flows through the Bee Branch from the 100-year rainstorm will be reduced by 69%. 7 The City submitted a request for funding through the EPA's State and Tribal Grant program "STAG" in March 2005 for the W. 32nd Street detention basin. Bee Branch Creek Restoration Project It is the reconstruction, resurrection, restoration of over 4,500 feet of buried creek. A project that 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 basements. And in some cases, citizens must deal with stormwater stretching across the street from curb to curb. But nowhere else in our community does rain strand motorists in their cars - in the middle of the street. Nowhere else does basement flooding reach the rafters, inundating furnaces, water heaters, and electrical boxes. Nowhere else does basement flooding endanger the lives of our fellow citizens. That is why the Bee Branch Creek Restoration Project is one of the City Councils top priorities. The City has established a storm water utility, and therefore the local match is available for this project. 8 3. 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 location and composition of a facility, establish a parking and transit plan, and operating revenue. The cost of the study is estimated to be $130,000 with a total project cost estimate of $12 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 and 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 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 fixed route service, 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% ($9.7 million) federal funding and the City of Dubuque is seeking support of the Congressional delegation in securing those funds. 9 National Mississippi River Museum & Aquarium - Rivers to the Sea 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 explore the Mississippi River's relationship to the Gulf of Mexico. This will be construction of a major expansion to the award-winning National Mississippi River Museum & Aquarium, with the opportunity to 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 National Mississippi River Museum & Aquarium has been awarded a $5 million grant from the National Scenic Byway Program for the Great Rivers Center and the Rivers to the Sea Exhibit. A. National River Research and Conservation Center 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 collaborating with federal and state agencies, Iowa State University, and other land-grant universities, and local and national academic institutions, the Museum will build and staff a major research center for rivers. 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 pending in Con~ress. With passage of this legislation in 2007, funding will be sought in the 110t Congress. B. RiverMax Theater A large screen theater building 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 as well. Current plans are that 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 or as a second showing each day. Seating capacity - 150 - 250 people C. Children's Splash Zone Museum Interactive play exhibits with educational emphasis will provide a hands-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. 10 D. Rivers to the Sea Galleries Exhibit space can accommodate 3 or 4 different exhibits that are changeable on a rotating basis: The Rivers of America, their watersheds, their 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. 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 for Museum Services, National Science Foundation, National Endowment for the Humanities and others. 11 4. HOMELAND SECURITY Regional Emergency Responder Training Facility The Dubuque Fire Department is part of the group developing the training facility as a joint venture with all emergency response agencies in Dubuque County. VISION: To develop an emergency responder training facility including training tower, an indoor/outdoor evolution lab and classroom to enable firefighters, law enforcement officers, EMS personnel, and safety workers in local manufacturing/commercial industry to safely train in real-life emergency situations. Firefighters, law enforcement officers, and EMS workers will now be able to participate in joint training exercises, enabling: -Preparation for multiple disaster scenarios -The sharing of ideas and training techniques -Introduction to and training with new and more efficient equipment -Team building between departments and communities FUNDING CHALLENGES: Private/public partnerships have been established to assist with funding this project. The State of Iowa legislature last year contributed $465,000, the City of Dubuque $390,000, and Dubuque County $392,000. In addition, over $1.1 million in private contributions have been received leaving a target of $220,000 to finish the project. Since much of the training will be related to Homeland Security disasters, and this facility will service the Tri-State area we are hopeful that the funding of the remaining $220,000 can be made by the federal government. Application was made for Homeland Security funds but was denied without explanation. The total cost of the facility is $2,600,000. Training Tower Progress, January 2006 12 5. FEDERALLY QUALIFIED COMMUNITY HEALTH CENTER Access to primary health and dental care has been identified as a critical need for the citizens of Dubuque County, particularly low-income children and families. In addressing this crucial issue, many organizations and agencies have together over the past five vears to develop a community health center for Dubuque and the Tri-State area: . Dubuque County Board of Health . City of Dubuque . Mercy Medical Center . The Finley Hospital . Visiting Nurse Association . Hillcrest Family Services . Clarke College . Gannon Center for Community Mental Health . Substance Abuse Services Center . Dubuque Community School District . Medical Associates . Tri-State Independent Physician Association . Iowa Department of Human Services . United Way . Iowa/Nebraska Primary Care Association . Women's Wellness Center . Jackson County Hospital . Dubuque Historical Society . Sisters of SI. Francis . Telegraph Herald . Dubuque Area Labor Management Council . Tri-State Health CARE Coalition . Project Concern . Dubuque Main Street Ltd. . Hispanic Ministry-SI. Patrick's . Scenic Valley Area Agency on Aging . Pines Healthcare for Women . Dubuque Rescue Mission . Northeast Iowa Community College . O'Connor & Thomas Law Offices . Woodward Communication . St. Mark Community Center . Community Foundation of Greater Dubuque Since 2002, the board of directors worked with the Iowa/Nebraska Primary Care Association (IAlNEPCA). With their assistance, legislation was proposed and approved in the 2005 and 2006 Iowa Legislature for "incubator funds" of $650,000 each year to assist Community Health Centers who were not successful on the Federal grant application process to get up and running. Because of steep competition on the Federal level, being operational is extremely important for securing the Federal grant. Dubuque received these funds from the Iowa Department of Public Health in December 2005 and 13 2006. Since the majority of these funds must be used for operational expenses, additional fund raising was necessary for capital and build-out of the center. The Community Foundation of Greater Dubuque then stepped in to secure a $1.3 million endowment from the owners of Crescent Electric Supply Company, specifically the Schmid, Rhomberg, and Piekenbrock families. This generous gift would provide a source of ongoing funding and a local name for the center. The Crescent Community Health Center (CCHC) is a non-profit organization structured to receive federal funding under the Health Centers Consolidation Act of 1996 as amended by section 330 of the Public Health Service Act. The clinic will provide comprehensive primary care services to all individuals using a sliding fee scale regardless of ability to pay. Dubuque is the only major metropolitan area in Iowa without a Federally Qualified Health Center (FQHC). The Dubuque community has come together to create a community health center, which will meet the identified health needs of our citizens. In February of 2003, the Tri-State Community Health Center (TSCHC) was granted $50,000 from the FY 03 appropriations bill for planning and $50,000 for equipment, which was extremely beneficial for the CCHC startup. Last fall, we received an additional $29,462 for planning, which funded the architectural plans for the center. We are grateful to the Congressional delegation for their support. Even though a third FQHC grant application was denied in 2004, Dubuque did not give up. Now that the CCHC is operational, an FQHC or Look-A-Like designation is the next step. Applications for both of these were submitted to HRSAlBPHC in December 2006. FQHC status is absolutely essential for the long-term viability of CCHC. Although generous grants and donations helped build CCHC, they will not be able to sustain ~I!_~~_ _______-'-~____ ____I _____,_ _ '- 2006. Since the majority of these funds must be used for operational expenses, additional fund raising was necessary for capital and build-out of the center. The Community Foundation of Greater Dubuque then stepped in to secure a $1.3 million endowment from the owners of Crescent Electric Supply Company, specifically the Schmid, Rhomberg, and Piekenbrock families. This generous gift would provide a source of ongoing funding and a local name for the center. The Crescent Community Health Center (CCHC) is a non-profit organization structured to receive federal funding under the Health Centers Consolidation Act of 1996 as amended by section 330 of the Public Health Service Act. The clinic will provide comprehensive primary care services to all individuals using a sliding fee scale regardless of ability to pay. Dubuque is the only major metropolitan area in Iowa without a Federally Qualified Health Center (FQHC). The Dubuque community has come together to create a community health center, which will meet the identified health needs of our citizens. In February of 2003, the Tn-State Community Health Center (TSCHC) was granted $50,000 from the FY 03 appropriations bill for planning and $50,000 for equipment, which was extremely beneficial for the CCHC startup. Last fall, we received an additional $29,462 for planning, which funded the architectural plans for the center. We are grateful to the Congressional delegation for their support. Even though a third FQHC grant application was denied in 2004, Dubuque did not give up. Now that the CCHC is operational, an FQHC or Look-A-Like designation is the next step. Applications for both of these were submitted to HRSA/BPHC in December 2006. FQHC status is absolutely essential for the long-term viability of CCHC. Although generous grants and donations helped build CCHC, they will not be able to sustain clinic operations and services. Dubuque has proven its community support and commitment for an FQHC. -~~ --- I Washington Court Development - Future site of Tri-State Community Health Center 14 6. SUPPORT CLEAN COAL TECHNOLOGY The City Council supports the efforts of Rentech, Inc. (Royster-Clark Nitrogen) owner of a 830-ton per-day natural gas-fed nitrogen fertilizer production plant in East Dubuque, Illinois to convert the plant into a coal fed gasification plant using Illinois Coal instead of expensive natural gas. The new and expanded gasification process will generate the synthesis gas necessary to produce nitrogen fertilizer, Fischer-Tropsch (FTO) ultra- clean fuels and surplus electricity. The company currently employs 110 high-paying quality jobs at the facility. During the conversion, 1000 construction workers will be on the site. When the conversion to a coal fed gasification plant is completed, the company will add 100 new positions to the workforce. This project would provide economic benefits to the entire Dubuque Urban Area. The City continues to support this effort and encourages the delegation to work with the company to provide tax credits for clean coal technology in the next national energy bill. The City also supports the funding of a feasibility study for construction of a pipeline to sequestor C02 for enhanced oil recovery in the old Southern Illinois oil fields. 7. TRANSIENT BOAT DOCKS Dubuque's location on the Mississippi River and the America's River Project are tremendous assets for providing recreational, scenic, cultural and historical experiences for transient boaters. A large volume of pleasure craft plies the river channel just outside the gate of Dubuque's historic Ice Harbor. Some of the current river traffic consists of local boaters and fishermen; however, many boats are from throughout the region and as for away as the Twin Cities and the Gulf Coast. These boaters have few options when seeking a dock site to access the communities current riverfront attractions. The demand will only grow with the continued development of the Port of Dubuque. The City of Dubuque plans to develop a transient marina that will become an economic engine for the entire region. Currently, transient boaters have no opportunity in the area to access the wide variety of experiences available along the Mississippi River. There are no slips available to accommodate the demand for transient watercraft 26' and longer. The Riverside Boat Pier Project would allow Dubuque to remedy this deficiency and capture previously lost economic benefits generated by serving boating visitors from several states. The proposed marina will provide the opportunity for transient boaters who currently travel the Upper Mississippi River to experience first-hand the natural beauty, historical sites and cultural amenities of the Dubuque area. Transient boaters are tourists that are typically on the river for several weekends during the boating year and enjoy stopping in various ports to see and experience the communities along the Upper Mississippi River. Traveling on the Mississippi River has tremendous appeal because of changing scenery, the unique River City heritage and 15 the many cultural amenities. Additionally, like most travelers, the per diem spending for a transient boater tends to be higher than for a boater who is a local resident. The proposed Riverside Boat Pier Project expects to offer transient boaters: . Adequate mooring capacity . Slips for boats larger than 26' . Laundry facilities . Quality pump out and waste reception equipment . Navigational aids limited specifically to direct entry for transient, non-trailerable tie-up facilities . A dockside shower/bathhouse facility . Safe, high quality lighting, electrical and water hook-ups and safe walkways . A floating wave attenuator and outside pier . Mooring buoys . Adequate areas for boaters with mechanical problems to receive service . Deep water at a number of boat slips . ADA Accessibility The Riverside Boat Pier Project with first-class facilities will flourish and will be a showcase project for the Boating Infrastructure Grant Program. The program is designed to provide transient dockage for recreational boats 26 feet or more in length for recreational opportunities and safe harbors, as well as: 1. enhance access to recreational, historic, cultural and scenic resources; 2. strengthen community ties to the water's edge and economic benefits; 3. promote public/private partnerships and entrepreneurial opportunities; 4. provide continuity of public access to the shore; and, 5. promote awareness of transient boating opportunities. The facilities will leverage the substantial public infrastructure that currently exists on the riverfront and will help encourage the economic and community development of the Dubuque region. In 2005, the Abonmarche Group, a consulting firm specializing in marina development, completed a market feasibility study for the Riverside Boat Pier Project. The purpose of the study was to: . Determine if a market exists for improved marina facilities . Validate local assumptions and determine if the expenditure of financial resources will attract transient boaters. This statistical study indicates a theoretical potential demand for 800 slips in the primary and secondary Dubuque, Iowa market area. This coupled with the full occupancy and waiting list at some marinas, leads to the conclusion regarding an actual demand for approximately 200 transient slips for the primary market area for Dubuque, Iowa. The feasibility study found sufficient market demand and validates local expectations about the market for improved facilities. 16 As previously mentioned, this design will provide for the docking of up to 92 vessels 26 feet in length or greater. The project cost, including design, engineering, and construction, is estimated to be $4,126,752. In order to make the project feasible, $3,037,802 in Federal Boating Infrastructure Tier II funding is needed. The City has committed $1,088,950 in local funds as the match for this Tier II grant application. 17 ... - .. ABON IAAACHE CONSUL rANTS. INC. . . .... MllllIIKT.1!JID ~ . .....! .........._ ~ ...-aM ....IIDI Wltl A' 1 18 8. 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 (NA TOA), 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), and spectrum 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 right of way and ensuring appropriate compensation. Companies that make a profit using public space must compensate the public for its use. . 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 government's ability to facilitate or offer advanced communications services to their citizens . Any reform of the collection and administration of communications taxes must preserve local authority to collect revenue consistent with local needs and treat like services alike. 19 . Do not undermine or eliminate support for public, educational, and governmental (PEG) access and institutional networks (I-Net). 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 State and local government support a balanced federalist approach that encourages new innovation and technology while preserving appropriate authority for state and local government to protect their citizens - particularly as it relates to public safety and homeland security, promoting local competition, promoting economic development, taxation, universal access, rights-of-way management, and consumer protection. . Public Safety State and local public safety agencies rely heavily on communications services and operators to protect the public interest. In order for states and localities to carry out this mission, it is essential that important obligations, such as E911 and CALEA, are applied to all 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 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 local 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. Federal policy should promote local governments that choose to offer those services directly to their citizens. . Video Franchising The federal government should not preempt local authority to negotiate and grant franchises to video providers. Public and governmental channels are an important tool citizens use to participate in local democracy. Ensuring universal access to multichannel video programming is an important role of local government. 20 . Universal 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 a manner that best serves their citizens. . Consumer Protection States and localities are best positioned to effectively respond to a wide variety of consumer concerns, including but not limited to, complaints related to service quality and afford ability, reliability, deceptive practices, billing practices, privacy, and criminal activity. 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. Nationalizing franchising, however, would limit the benefits of head-to-head video competition to a chosen few, and would cause chaos in streets across the country. Before Congress acts, it should consider: . States where statewide or simplified franchising is currently in place do not see greater or faster video competition deployment. . Franchises do not just provide permission to offer video services, they are the core tool local government uses to manage streets and sidewalks, provide for public safety, enhance competition, and to collect compensation for private use of public land. Eliminating franchises will cause chaos and deprive local government of the power to perform its 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. . Congress should not 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. . Content deals, not local government, stands in the way of new video service offerings. Companies have not yet seriously dedicated resources to negotiate franchises in most markets. Potential video competitors require relatively few franchises to implement their announced business plans (for SSC 1,500-2,000 franchises, for Verizon 100-200 franchises). 9. E.B. LYONS INTERPRETIVE CENTER: EXPANSION 21 The E. B. Lyons Interpretive Center is owned by the City of Dubuque and is managed by the Iowa Department of Natural Resources. The Friends of the Mines of Spain is a non-profit corporation organized to inform and educate the public on nature, ecology, conservation, greenbelt concept, natural history, archeology, and current events pertaining to the Mines of Spain. The Friends group assists the Mines of Spain Park Staff in the administering of the Mines of Spain and the E. B. Lyons Interpretive Center. The Friends of the Mines of Spain seeks to expand the E. B. Lyons Interpretive Center at the Mines of Spain State Recreation Area to include more space for educational purposes. The expansion would double the existing center, adding a multi-purpose room for programs and events, a biology lab for school programs, a library for reference and educational materials, and new exhibits interpreting the science and history of the region. The expansion of the E.B. Lyons Interpretive Center which will make the facility ADA accessible. The E. B. Lyons Interpretive Center currently partners with many organizations and institutions that promote better health, recreation, and education in the tri-state area. The Friends of the Mines of Spain is seeking private, state and federal funds for this $1.6 million expansion. To date, the Friends Group has raised nearly $500,000 for the project. This includes commitments of $30,000 from Dubuque County, $30,000 from the City of Dubuque, and nearly $300,000 from the IDNR for engineering services for the project. The Mines of Spain State Recreation Area is a significant resource for the Dubuque community. The park is a National Historic Landmark and a state preserve. The Mines of Spain is host to 252 archeological sites of farming, Native Americans and lead mining. The E.B. Lyons Interpretive Center has displays on the Otto Junkerrnann farm site, prairies, lead mining, Native Americans, and wildlife of the park. The project focuses on protecting and promoting the natural, cultural, historic, and archeological resources at the Mines of Spain. The expansion of the center furthers the education about and the protection of the natural, cultural, historic, and archeological resources at the Mines of Spain. The Friends Group applied unsuccessfully in 2006 for a National Scenic Byways Grant to help fund expansion of the E.B. Lyons Interpretive Center. The Friends Group will re- apply in 2007 for National Scenic Byways Grant for the project. 10. DM&E RAILROAD In 2002 Dakota Minnesota & Eastern Railroad (D M & E Railroad) was granted authority by the Surface Transportation Board (STB) to construct 280 miles of new track into Wyoming from South Dakota and to purchase and control the rail lines of the former I & M Rail Link (IMRL) which later became known at I C & E Railroad. The purpose of this new track construction and acquisition of rail lines is to support the significant increase in the delivery of coal from a new project referred to as the Powder River Basin (PRB) 22 Project of northeastern Wyoming. This coal would travel across the Midwest along D M & E and I C & E rail lines. These lines run through Wyoming, South Dakota, Minnesota, Iowa and Illinois. While the estimated increase in railroad car traffic has not been completely calculated, estimates are that traffic through Dubuque could increase by as much as 30% along our entire riverfront from Kerper Boulevard to the Mines of Spain (see attached map). In its July 22,2002 decision, the STB allowed the transaction with conditions, one of which prohibited coal traffic from the Powder River Basin from using the acquired I C & E lines until appropriate environmental review takes place. In addition, the STB issued 147 environmental mitigation conditions that must be met prior to the construction of the new track. Specifically, the STB prohibit handling any trains that originate or terminate on the new PRB rail line "until certain environmental matters are reviewed, and indicate that I C & E may initiate such a review if and when 0 M & E begins construction of a new line." As required by the STB, D M & E conducted the necessary environmental review process for the States of Wyoming, South Dakota and Minnesota. However, no such process has been initiated for the State of Iowa. The City of Rochester, MN, in partnership with The Mayo Clinic is strongly opposed to this project, citing negative health, safety and environmental impacts to their community. They have formed a coalition against this effort and have hired legal counsel in Washington, D.C to assist with their opposition. In addition, D M & E Railroad is seeking a $2.5 billion tax-deferred loan from the Federal Railroad Administration to assist in the cost to construct the new lines to the PRB project. On May 12, 2006 DM & E Railroad and its subsidiary I C & E Railroad filed a petition to partially reopen the decision issued by the STB requiring that the environmental review and mitigation be completed prior to construction. This request was outlined in Finance Docket (FD) #34177 and Finance Docket (FD) #34178 where they state "That artificial routing prohibition essentially closed an existing gateway that had long been an important component of 0 M & E's PRB line proposal, and as a practical matter has come to serve as a significant . . . impediment to PRB project financing efforts. .. construction of the PRB project will take three years from an anticipated 2007 start date, any necessary consideration of environmental matters here will be completed by the time actual train movements would occur. " These Finance Dockets were posted on the STB website and the public had an opportunity to submit comments or become a party of record to this issue. In visiting with STB legal staff, submitting a legal filing would be the only way provide a guarantee that the City of Dubuque's concerns would be considered by the Board. On June 1, 2006 the City filed an Opposition to Petition in reference to FD #34177 and 34178. In our Petition we identified a number of concerns with the increased rail traffic and the impacts to safety and environmental issues that this increased traffic would have on our community. 23 In addition, the Iowa Department of Transportation submitted a filing to become party of record. In their filing they stated that Iowa communities should be provided the same opportunities for an environmental review and mitigation of impacts similar to what was provided for Minnesota and South Dakota. The Iowa National Heritage Foundation also submitted a letter with the same request. In June 2006 0 M & E Railroad formed a new subsidiary Wyoming Dakota Railroad Properties, Inc. (WDR) and requested that OM & E construction authority be transferred to WDR. WDR then filed a request to a waiver of the notice provisions of the Code of Federal Regulations regarding employees and labor unions (FD #33407). The governing regulations require notice of the proposed transaction be given 60 days in advance to employees, labor unions as well as posted. As there are no employees of the WDR they are requesting a waiver of this requirement. On June 29, 2006 the City of Dubuque submitted a letter to STB Secretary Vernon Williams citing our concerns over the causal relationship with the request in FD # 33407 and the not-resolved environmental concerns related to FD #34177 and 34178. On November 6, 2006, upon receipt of the draft community partnership agreement from OM & E, the City contacted a Washington D.C. attorney, Richard Streeter. Mr. Streeter represents the Mid States Coalition for Progress, a group of Wyoming farmers opposed to the project. He is well versed in the facts and positions of all parties involved. Mr. Streeter was retained to rework the community partnership agreement. The agreement as revised will ease construction of the Bee Branch Project by obtaining easements and title to property on Garfield Avenue, environmental analysis, mitigation and costs. The partnership will also address payment for crossing upgrades and safety features. There is likely to be additional negotiation once the DM&E has an opportunity to review the proposal by the City. The City requests the assistance of the Congressional Delegation to obtain State and Federal railroad funding to mitigate issues created by increased rail traffic in Dubuque. 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 24 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. AMTRACK 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, lA, 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 is nearing completion 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 will outline capital cost and infrastructure costs that include track, station, platform and equipment for the continuation of service to Dubuque. The study will also provide readership estimation, revenues and operating costs for the service. 25 Challenges The City and Dubuque Metropolitan Transportation Study (DMA TS) continues to support the return of Amtrak to Dubuque from Chicago. However, funding challenges exist for providing a station and platform for the train. Amtrak in their study will provide costs and alternatives for a station and platform but Amtrak requests that the local community commit to funding those costs. 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. F:IUSERSIDHeiarlFederallnitiativeslCity of Dubuque Priorities & Requests December 2006.doc 26