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Federal Legislative Priorities 2008 Dubuque rx~ ciTY of ~.. ~~( ~ 1~J ~ ~...! 1J AII-America CIi11t M~ster~aiec~ a~n t1z~ 1t~Iississippi e ~: ~ , 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. 2 • 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 3 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. 4 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. 5 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. 6 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. 11 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 12 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. 13 • 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 14 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 15 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 16 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 17 "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 18 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 19 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. 20 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. 21 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. 22 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. 23