Federal Legislative Priorities 2008 Dubuque
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2007
December 12, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2008 Federal Legislative Priorities
Assistant City Manager, Teri Goodmann has worked with the Department Managers to
develop a set of recommended 2008 Federal Legislative Priorities.
I concur with the recommendation and respectfully recommend Mayor and City Council
adoption of the 2008 Federal Legislative Priorities.
Michael C. Van Milligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Economic Development
Since October 2001, five companies have made expansion decisions at the Dubuque
Industrial Center West, based upon assurances that the proposed the SW Arterial/Hwy
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 the SW Arterial/Hwy 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.
Funding
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,
environmental and cultural resource mitigation and the construction of the interim two-
lane highway is $80.35 million. The Metropolitan Planning Organization, DMATS, has
committed $10 million in Surface Transportation Program (STP) funds and dedicated
$550,000 in local Enhancement funds through 2010 for the highway project. 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 $1.9
million to complete the preliminary engineering design phase. In an effort to keep the
project moving forward, the City agreed to manage the preliminary engineering design
phase of the project, currently under contract with Earth Tech. The design team has
been preparing cost scenarios for several development options and evaluating
alternatives for completing components of the project with the federal funding, DMATS
funding and local match.
As a result of hard work from Dubuque's Congressional delegation and the
extraordinary efforts by Congressman Nussle, Senator Grassley and Senator Harkin,
the approved Federal Transportation Bill includes funding for the SW Arterial/Hwy 32 in
the amount of $26.18 million. The City extends its sincere appreciation to
Congressman Braley, and Senators Grassley and Harkin for securing funding, which
will play a critical role in moving forward with this project.
Congressman Nussle requested an additional earmark of $3.5 million to complete the
final engineering design phase. This earmark request did not survive the budget
approved in the House of Representatives, but could be reinstated in the Senate.
Senator Harkin did reinstate a $1 million allocation for Final design, however, the
Transportation Appropriations Sub-Committee did not act on the appropriation bills prior
to the end of the 108th Congress. It is unclear what actions the new Congress will take
with future earmarks.
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.
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• Phase I -Environmental Assessment, Location 8~ 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.
• Phase II -Preliminary Engineering Design (Complete in February 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 SW Arterial/Hwy 32. 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 will be
completed in February 2008.
Phase III -Final Engineering Design (Begin Spring 2008)
In early 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.
• Phase IV -Property Acquisition (Begin Spring 2008)
In early 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.
• Phase V -Environmental 8~ Cultural Resource Mitigation (Begin Summer 2008)
In early 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 Iowa Department of Transportation has not included funding for the SW
Arterial/Hwy 32 project in their Five-Year Transportation Plan. The City has met with key
Iowa DOT staff members to emphasize the importance of the SW Arterial/Hwy 32
project to the State and to the Dubuque area. The Iowa DOT Commission has
challenged both the City and County to seek additional local funding for this highway
project and pursue all viable options to fund the shortfall.
The City has submitted an application for RISE funding that could be used as the 20%
match to allow access to the $33.6 million in federal funds now available. The RISE
application was denied in January 2006, however positive discussions are on going for
a possible funding scenario to use the Rise grant program to loan $5.5 million that could
be used as matching funds for the federal appropriation dollars.
The engineering consultant, Earth Tech will be completed with the preliminary
engineering design phase in February 2008 at which time the City will proceed with the
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next phases of the project, including; final design; property acquisition; and
environmental and cultural resource mitigation.
At current funding levels, there is a $46.8 million funding shortfall for the SW
Arterial/Hwy 32 project. This project continues to be a top priority; therefore, other
strategies are being evaluated to insure that this project moves forward. 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 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 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 spring of 2008.
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.
In January 2006 senior management officials at the Illinois DOT confirmed that "Illinois
is not in a position at this time to commit funding to the construction of the new US 20
Julien Dubuque Bridge in the next five to ten years."
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.
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In light of these developments, we support attempts to re direct US 20 Julien Dubuque
Bridge funding to the City's top transportation priority - HWY 32 SW Arterial.
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:
The AIP program has played a significant role in maintaining and enhancing the safety
and growth of the air transportation system through funding a wide range of airside
projects at airports. The Dubuque Regional Airport supports full funding of the AIP
program at $3.8 billion, increasing each year by $100 million.
Other key issues under discussion will include the length of reauthorization, local match
requirements, the level of general fund contributions to cover FAA operations, and the
needed modernization of the national airspace system.
At a minimum, federal reauthorization of aviation programs should include:
1) A five year reauthorization period.
2) Full funding of Airport Improvement Program (AIP) starting at $3.8B annually with
$100M increases every year throughout the reauthorization period.
3) Maintaining primary entitlements within the AIP program.
4) Full funding of the Essential Air Service program at $127M.
5) Fund the Contract Tower Program.
6) Authorize AIP funds to be used to develop revenue generating facilities.
7) Increase the Passenger Facility collection level to $7 and index it to inflation.
Both HR. 2881 and S. 1300 address most of these issues. The House bill has already
been approved. The Senate needs to take action on S. 1300 and its amendments in
order for airports and the FAA to properly implement their capital projects.
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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 DBQ
tower is operated by a private firm on contract with the Federal Aviation Administration.
Continued funding is always in question. DBQ 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.
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, 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.
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 Pilot 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 will be to attract additional air service with new routes
and hubs to our market.
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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
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 $13 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.
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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.
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 total budget for the Museum expansion is $70 million with $29.5million already
committed by the City of Dubuque for parking, parks 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 for the Great
Rivers Center and the Rivers to the Sea Exhibit, as well as significant support from
Dubuque County. The Museum and Aquarium now already raised over $3.5 million in
private donations from local donors towards a private giving goal of $12 million.
The request for future federal support is $8 million which will be matched several times
over and will be important as leverage for continued private giving as well as possible
state or other governmental support
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 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 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 which has been passed by Congress. With passage
of this legislation in 2007, funding can now be appropriated by Congress.
B. RiverMax 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
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of the people of America's rivers with environmental emphasis as well. 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. Children's Splash Zone 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. 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 design by the award winning firm of
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 and 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 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 for Museum Services, National Science Foundation,
National Endowment for the Humanities and others.
4. 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 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.
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• 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. 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 governments' 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.
• Do not undermine or eliminate support for public, educational, and governmental
(PEG) access and institutional networks (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, universal
access, 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, are applied
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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 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
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 and
grant franchises to video providers. Public, educational, and governmental channels are
important tools citizens use to participate in local democracy. Ensuring universal
access to multichannel video programming is an important role of local government.
• 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 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.
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
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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.
• 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 most 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).
5. 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, child care
referral services, dispute resolutions services, and neighborhood leadership training.
In the last seven years, federal CDBG funding has been cut by 16%, or $694. This
severe cut has hurt local communities -local economies, local projects, and, most
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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.
6. CANADIAN PACIFIC RAILWAY COMPANY --- CONTROL --- DM&E RAILROAD
In 2002 Dakota Minnesota & Eastern Railroad (DM&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 IC&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)
Project of northeastern Wyoming. This coal would travel across the Midwest along
DM&E and IC&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. In
its July 22, 2002 decision, the STB allowed the transaction with conditions, one of which
prohibited coal traffic from the PRB from using the acquired IC&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 IC&E
may initiate such a review if and when DM&E begins construction of a new line."
As required by the STB, DM&E conducted the necessary environmental review process
for the States of Wyoming, South Dakota and Minnesota. However, no such process
was initiated for the State of Iowa.
On May 12, 2006 DM & E Railroad and its subsidiary IC&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
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"That artificial routing prohibition essentially closed an existing gateway that had
long been an important component of DM&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. "
In June 2006 DM&E Railroad formed a new subsidiary Wyoming Dakota Railroad
Properties, Inc. (WDR) and requested that DM&E construction authority be transferred
to WDR. 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 January 30, 2007 the Federal Railroad Administration decided to proceed
immediately with the preparation of a full Environmental Impact Study (EIS) on the
environmental effects of the DM&E proposal to route trains of coal from PRB across the
former IMRL system in Iowa, Illinois, Minnesota, Wisconsin and Missouri. The condition
prohibiting PRB coal on the IMRL system until the study was complete was left in place.
Thereafter, on February 26, 2007 the Federal Railroad Administration turned down the
$2.3 billion loan application from the Dakota, Minnesota and Eastern Railroad (DM&E)
based on the "unacceptably high risk to the Federal Government." The DM&E
proceeded to explore private funding for the PRB project and a merger of the DM&E
and the Canadian Pacific Railway Company was announced on September 5, 2007.
It is unclear at this juncture whether the environmental impact studies and mitigation
requirements will be passed from the DM&E to the Canadian Pacific Railway Company.
The City requests the assistance of the Congressional Delegation to ensure that the
appropriate environmental studies and mitigation requirements are passed from the
DM&E to the Canadian Pacific Railway Company
Overpasses Required for City as a Result of Increased Rail Traffic
The City is also concerned that should DM&E rail traffic increase, the existing at-grade
railroad crossings will be blocked, thus reducing public safety by eliminating
uninterrupted emergency response routes and would essentially crippling east -west
vehicular traffic corridors through the City. As a result, the City would request that the
impacts be mitigated by mandated that the DM&E Railroad be required to construct
elevated structure overpasses at 16th street to provide access to the Kerper Industrial
Park and one 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.
7. 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
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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.
8. 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, 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
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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.
9. 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 Assocation (IA/NEPCA) and will be
working with staff from HRSA and BPHC to meet the program expectations during its
first year.
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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.
10. 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.
11. GREEN COMMUNITY INITIATIVE - SUSTAINABILITY AND ENERGY
EFFICIENCY
The City of Dubuque identified Green City designation as one of its top priorities in
2006. Efforts to identify strategies and practices to implement this priority have been
researched by City staff. Key initiatives are being developed at the state and federal
level that support the City's priority.
Energy and Environmental Efficiency Block Grant
One such effort at the federal level is the creation of an Energy and
Environmental/Efficiency Block Grant (EEBG). This initiative is "a key element of a
successful national, comprehensive energy efficiency package" according to the U.S.
Conference of Mayors. The EEBG would help to reduce greenhouse gas emissions,
increase climate protection, and help cities to reduce energy consumption. Currently,
there are no federal programs in place to assist cities with these efforts. The City of
Dubuque supports the creation of the EEBG.
Global Warming Pollution Reduction Act
This legislation would reduce economy-wide greenhouse gas emissions by 80% below
1990 levels by 2050 in order to stabilize global temperatures and contain carbon dioxide
atmospheric concentrations. This bill regulates greenhouse gas emissions from power
plants and transportation, and also establishes a federal renewable energy standard of
20% by 2020.
Supporting this legislation is part of Dubuque's commitment to becoming a leader in
sustainable urban design and becoming a designated green community. Establishing
national regulatory standards will put Dubuque on a level playing field as we compete
with other communities in our developing global economy.
Cumulatively to date local governments in the US have acted to avoid 23 million tons of
CO2e from being released in 2007. Local action may move the world, but we need
federal support so that our actions are not undermined enable us to work in concert.
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Climate change does not respect jurisdictional borders and all levels of government will
have to act if we are to reach the goal recommended by the IPCC of 80% below 1990
levels by 2030.
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.
12. ECONOMIC DEVELOPMENT FINANCE TOOLS
Ongoing economic development initiatives in the City of Dubuque 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
rurual states would benefit the City of Dubuque and its partners in the private sector.
We recognize Senator Grassley's advocacy on this issue.
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National Historic Tax Credits
Historic Tax Credits at the state and federal level provide valuable financing tools for
expanded economic development in Dubuque. The City supports lifting all caps at the
state level on State Historic Preservation Tax Credits. At the federal level of government
we 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.
13. 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 2008 Transportation, Housing
and Urban Development Appropriations bill.
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