HomeMy WebLinkAboutweekly Notes- October 16th 2019_ Ik-
CITY OF OAK PARK HEIGHTS—WEE for: October 161,2019
TO: City Coocil Memb rs ff
FROM: Eric Jo�inson,City A tra r
Zonina&Development Items:
1. No new applications have been received; /
2. Fury Motors(near Osgood Ave.)has been sent a follow p letter to address their site conditions and car storage.
See enclosed.
3. Washington County has been notified that the City Council has passed a resolution seeking a NO PARKING
Zone on Stagecoach Trail —They have responded indicating that they hope to have these signs up in a few
weeks.
4. Staff has had some further discussions with the Asset Manager(Principal)who represents the Owner related to
the frontage road matter west of Norrell Ave. They indicated that they would like to reach out to the Tenant's
Corporate Managers with a communication from the City under which they would pair a Letter of Release for
them to consider signing. This plan may be helpful if it can be shown at least to the tenants that the City is
leading this process and the Owner is not overtly benefitting.We will still hold the tenants meeting on November
6 but we anticipate that most of those attending would be the local managers who probably have a little direct
input on the lease agreements,but... hopefully they have some sway to indicate that yes in fact there's a problem
or with this intersection with their leadershin_ Enclosed is a very rough draft we have provided and we awaiting
feedback from Principal.
Mayor McComber provided:
1. National League of Cities"the weekly" publication for 10/12/19
2. METRO CITIES News for 10/11/19
3. Oct 11th Legislative Update from Shelly Christensen.
4. The JAZB will be meeting on 10/17—Enclosed is their Agenda, Minutes and an Xcel Energy
Attachment
5. MNDOT Update for 10/17—Stillwater Lift Bridge.
6. Last week's Weekly Notes included NLC Transportation and Infrastructure Service Policies—these
are again attached—if you have any input or comments on these please send them to Mayor
McComber(or to me and I will forward).
7. LMC/METRO CITIES will be holding a REGIONAL MEETING on 11114.—See the enclosed flyer.
Please let me know if you have any questions-651-253-7837 Call Anytime.
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{
City of Oak Park Heights
14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
10/16/19
Mr.Jim Leonard
Leonard Investments, LLC
1000 S.Concord St
South ST. Paul, MN 55075 ***Also via email-"im@furymotors.com ***
RE: Former Fury Motors Site—14702 60th Street
RE: Safety Signs—Concrete Barriers&Site issues
Dear Jim,
Last month, the City did send the attached letter to you requesting that the barricades be removed or
reduced to not more than TWO high.To date this has not been accomplished.We would ask that this be
completed not later than November 15th, 2019. The City will be compelled to consider further action
should this not be addressed as the stacking of these units is dangerous as it is in immediate proximity to
the roadway.
Two other points:
1. The site in general is falling into disrepair,with peeling paint,weeds and debris stacked in various
piles.Please patrol this site and by November 15th,2019 please be sure all weeds and grasses are
trimmed on ALL LANDS under your ownership and all external storage is removed from the
property, no exterior storage is permitted.The exterior of the building will need to be painted or
otherwise addressed by early summer 2020.
2. In an attempt to offer some flexibility,the storage of surplus cars and trucks is permissible through
12/31/19. However, this does not constitute the use of the property as an "auto sales lot" and
such transactions cannot occur upon or be facilitated from this property.If you desire to sell from
this site or continue storage for surplus cars and trucks, a Conditional Use Permit is required to
continue beyond such date.
Kind regards,
40
Eric Johnson
City Administrator
Cc: Reed @ Safety Signs
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ri
City of Oak Park Heights Pop 1 of 1
14168 Ork 2&I-Bh-&N c Oak Neigh%MN 55M a F&=(&.51).4:3;4439•Fa(651)434-0574
9,4121'19
Mr..i m Leonard
!.aeon.rd Jnve_shments,LIC
20ADD S..Uric aid St
SsaLth ST.Paul,UN 55l)75 ***AJso via email-limtSfurymotors com'::
RE'.;F-DTMer Fury Vetcls Site—14702,53+Street
RE: Safety Sim—C-orcrete Barriers
DeaY A.m.
Thank 'yc:9 tcw the call 'yesterday regarding the concrete k9.:�Frless that are nta.cl,,ed at the Year '.4
the prH.pe"riiy located at Me nwth 'west comae; of M,g{rrway 95 and Osgood Avenue. I'
loossty:remll generally bVAZ,abo!.t atJDWirgttrosas t0 be!+,:ached there;Pnd we did nat
cf-arify in that ,:;, rsaatiore thet 1,Ns use was beygnd what wa$related to the DWood Avenue pm)ect
and rot a Ue as such°use Would not be Permissible.
At this p oFnt we meed to have th se removed but we car'undemtend itwill tal a sometime in light of t`el
lack of clarity.5V'PIPBse.have these resrDoved ftcm,tihre;pmpe.rty by dune 1,2 25 and in th a interim please
radars t� stae `�nc)rnvTe than'two hig9 'by ostvber-V,2DI*5.
This fokm's up fTvm our(vihone call yestecday aid tMs should.address the problem f:m'the next -Tal
months beyord that...14arA,yc;ou forycur commuricatio!n Dn the matter!
Kind regards,
Eric)ohnson
City Adm€n€strator
c': Reed @ Safety Signs
3 of 61
Ma
I gip
B0
City of Oak Park Heights Page 1 oft
14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
10-14-19
Mr. Joe Gustafson
Washington County Public Works
***VIA EMAIL ONLY Joe.Gustafson(cDco.washington.mn.us **
RE: NO PARKING ZONE-Stagecoach Trail
Dear Joe,
As part of a recent sale and Conditional Use Permit review for the property at 5302-5272 Stagecoach Trail-
see map below,the City Council did support NO Parking upon Stagecoach Trail as such use causes concerns
for neighbors and results in exceedance of minimum parking requirements on the adjacent premises.
Please see the ATTACHED resolution that outlines the City's request for a no parking zone on a portion of
STAGECOACH TRAIL. The map and language are fairly straightforward as to exactly where; If you could
please let us know if this is something the County will implement in the coming weeks it would be greatly
appreciated.
We would be happy to answer any questions the County may have.
Kind Regards,
�„f
Eric Johnson
City Administrator
Cc: Chief Brian DeRosier—OPH Police Dept.
sn►� .�wra \� `
OAK PA HEMMM
a MOM" q N"
,
4 of 61
RESOLUTION 1940942
RELATING TO PARIONG RESTRICTIONS ON COUNTY STATE AID HIGHWAY(CSAR)NO.
21(STAGECOACH TRAIL)FOR A PORTION OF ITS LENGTH WITHIN THE CITY OF OAK
PARK HEIGHTS.
WITNESSETH:
WHEREAS, the City is concerned about the safety
impacts of parking along County Highway No.21;and i
WHEREAS, Washington County requires a City
resolution prohibiting parking prior to the
consideration and/or installation of any "No Parking"
signs:and
WHEREAS,the City acknowledges that such parking
restrictions will apply to all parked vehicles within the ! �
affected zone,regardless of the residency ofthe vehicles
owner or operator.
NOW THEREFORE IT IS HEREBY RESOLVED: r :y
> �sa�aRruac xoriE
That the City of Oak Park Heights shall ban the parking �!r j, (RED DAS ED AREAS)
of motor vehicles on the West side of CSAH 21 for a " .f�'_
eet
length of 685 feet+/-as shown in the attached map,all `" r
within the City of Oak Park Heights at all times.
t
BE IT FURTHER RESOLVED: .
That the City of Oak Park Heights request that
Washington Count install signage along CSAH 21
� v�
pertaining to this parking restriction and in such area 7
77,
BE IT FURTHER RESOLVED: R
�¢"µ
That the City of Oak Park Heights supports full 1 .
enforcement of the proposed parking restrictions by
city and/or county law enforcement personnel.
IPJ y�r'�&� IP— 510.
WHEREAS,THIS RESOLUTION,was passed this day of20_ff,by the City of Oak
Park Heights in Washington County,Minnesota.
BY: L
Mayor
st:
erk.
5 of 61
October 15"', 2019
TO
RE: Frontage Road Relocation—2021 Project&Request for Retailer Support
Dear
As you likely understand the local retailers that rely on the intersection 3 d Norrell Ave
are faced with an increasingly difficult traffic situation. This in se nIap 1) is the
primary accessway to your sites;unfortunately,this inters ell above average
delays and crash rates that far exceed the State Avera a for e dI eri These conditions
y ty.
will likely worsen as volumes on STH 36 increasIn r to a e is the City and State have
agreed upon a possible project to install a n A OADWAY in 2021. Please see the
enclosed Concept Layout—Map 2.
This Project is estimated to bet., if n. ,date $1.4 million is secured though 2021 with
$644,000 comingfrom th to of e
`�,, �. apartment of Transportation (MNDOT) and
$756,000 from the City. e ' t ' remaining funds from the 2020 State of Minnesota
Bonding Bill. Wlill 's fun is 'tive,the City must be under construction in Summer 2021
or MNDOV S 4, I ding c nmitment will expire.
To bui p e "-e- ity'is NOT seeking any construction funds from any property owner or
p e p�y, y weir a have requested that a roadway/utility easement as shown be provided
to the $1. from the Ownership. This new public roadway is proposed to be placed on
lands that alrehdy serve as a private roadway and will improve access to/from your sites, greatly
improve site visibility, will reduce congestion and accidents discussed above,result in negligible
parking impacts and reduce overall site operational costs as these surfaces become the
responsibility of the City not the Ownership or its tenants.
6 of 61
Hopefully, you can understand the inherent value in this concept. However, doing nothing will
result in:
1. STH 36 access to your sites will absolutely worsen.
2. MNDOT will need to consider a restriction of traffic to or from STH 36 onto Norrell Ave
which will require your patrons to seek access from STH 36 in another w9(.Please know
that State has no unilateral obligation to assure any specific access-p its systems—
especially if there are significant delays and safety concerns that i act the line STH
36 flow which is their primary concern,not local operations.
Accordingly, the City is asking for your support of the . 'e be expressed by
providing a SIMPLE RELEASE to your Ownership t will enable your Owner to
work with the City. We must also note that wit t you rship's easements being
provided by 1/31/2020, this project will N ,p Yd all nding will be either lost or
Akdiverted to other City Projects. Time ioe ePc
ll
The City understands that the antsch"' s your firm may have questions about this
layout or why it is necessa hop i answers some of these questions. I would be
happy to take any calls r ad t matt and can be reached at 651-439-4439.
Kind regards
Eric J n
Ct:A ni for v
Please no t WAL-MART has provided the necessary easements to the east of Norrell Ave for
$1.00 and that all other easements and lands are under agreement.This is the last land right element
necessary.
7 of 61
m as st�➢e�-waeup
Nib, --
Locp4+Oha
7H 36 and Washkh cntNorek Avenue N _,--
1.13 0.41 0.61 1.10 0.59 0.83
W Frontage Road and Wagton Avenue
0.44 0.18 0.42 0.51 0.27 0.54
Wr Sheet N and Nose1 Avenue N
1,75 Q18 OA2 2.53 0.27 0.30
TaWcl-LOSa r
i
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LOS LOS LCys too
LeftEs Thru
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Left 22Y 22.I 1 C
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60th St N 5c Rwtn
Nord Ave Left 71' 9.5 A 42' 8.6 A
!d8 71 245' 24.8 C
' 213 0 X243)
Left 73' 8.5 A 61 6.1 A
Se 71ru 51' 1.5 A 12.41 24' 1.5 A (2Q)a�ht 14' 1.2 A 15' 18 A
8 of 61
Eric Johnson
From: Mary Mccomber <marymccomber@aol.com>
Sent: Saturday,October 12,2019 12:08 PM
To: Eric Johnson
Subject: Fwd:To Support Entrepreneurs,Cool Spaces Aren't Enough
For weekly notes
----Original Message---
From: National League of Cities <news@nlc.org>
To: marymccomber<marymccomber@aol.com>
Sent: Sat, Oct 12, 2019 6:03 am
Subject:To Support Entrepreneurs, Cool Spaces Aren't Enough
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Metro Cities News 10/11/19 Pagel of 2
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CITIES
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Return to the blog Upcoming Events
Metro Cities News 10/11/19 by Kimberly Ciarrocch! Thu Nw 14.2019
category:NeWSletter IMAMALuncheon
Gtega7 MAMA
f Thu Nw 14,2019
Oct Metro Reoional Meeting/Policv
t t In This Issue: Adootlom Meeting
Gtego7:Meeting
Join Us!LMC Metro Regional Meeting and Metro Cities Poilsv Adoption Meeting view Full Calendar
2020 Draft Legislative Po!Ides
• Metropolitan Council Accepting Comment on Regional Solicitation A_op!iation Announcements
• State Revenue Collections Higher Than Estimates
Metro Cities Avft 2020
Leahlsdve Policies are now
available for review.The draft
policies were recommended by
members through Metro Cities'
Join Us!LMC Metro Regionai Meeting and Metro Cities Policy Adoption Meeting four policy committees and were
approved by the Metro Cities
Join your colleagues for the LMC Metro Regional Meeting and Policy Adoption Meeting on Thursday, Board of Directors at their October
meeting.The policies will be
November 14,2019 In Minnetonka!The metro regional meeting isjointly hosted by LMC and Metro adopted by Metro Cities
Cities,and Metro Cities membership will also meet to approve the 2020 Legislative Policies.The membership at the Policy
meeting will be held at the Sheraton Minneapolis West in Minnetonka.Several state agency Adoption Meeting/Metro Regional
commissioners will join us to present information and updates at the regional meeting.The afternoon Meeting on Thursday,November
concludes with a networking social hour. 14,2019.Please be sure to mark
your calendar and planto attend!
A membership quorum is required for the adoption of Metro Cities'policies,so each member city
should make sure to have a representative present.Click for more information and to register,We our Tweets
look forward to seeing you there!
Tweets by
@MetroCitiesMN
2020 Draft Legislative Policies
Metro Cikiea
CiMalroCifiesMN
Metro Cities'Draft 2020 Legislative Policies are now online for review.The draft policies were Metropolitan Council Chair Nora
recommended by members through Metro Cities'four policy committees and were approved by the Slew!k speaks with the Metro
Metro Cities Board of Directors at their October meeting. Cores Board is Directors at their
meeting.
A memo,link to the draft policies and Metro Cities'policy adoption protocol will be mailed to city
administrators/managers.The policies will be adopted by Metro Cities'membership at the Policy
Adoption Meeting on Thursday,November 14,2019.Please be sure to mark your calendar and plan to p
attend!Click to read the agenda and register.
Each member city has one vote,with one additional vote for each 50,000 population above the initial
50,000.Once the policies are adopted,they will serve as the framework for Metro Cities'work at the
Legislature and Metropolitan Council in 2020.
We hope to see you at the meeting!Comments or questions on the proposed policies should be
directed to or 651-215-4000. Oct 1o,2019
Metropolitan Council Accepting Comment on Regional Solicitation Application Embed Mew on Twitter
13 of 61
https://www.metrocitiesmn.org/index.php?option=con dailyplanetblog&view=entry&ye... 10/16/2019
Metro Cities News 10/11/19 Page 2 of 2
The Transportation Advisory Board(TAB)approved a draft document with recommended changes to
the Regional Solicitation application process at its meeting last month and released the application
document for public comment.The Regional Solicitation is the method by which federal transportation
dollars from the Surface Transportation Block Grant Program and Congestion Mitigation Air Quality
program are allocated within the metropolitan area.Funding is distributed among roadway,transit and
travel demand management,and bicycle and pedestrian projects.A total of$199.75 million for various
projects was approved in the last solicitation.For more information on the draft application,click
The Metropolitan Council will accept comments on the draft application until 5:00 pm,November 6th.
The final application will be released in February 2020.To view the recommended application changes,
click . .Comments can be submitted via the following:
Email. '•lic.infoMmatc.state.mn.us
Record a message at 651.602.1500,TTY:651.221.9886
Mail comments to 390 Robert Street North,St.Paul,MN 55101-1805
Questions?Contact Steven Huser at stevenaiimetrocmesmn.orc,or 651-215-4003.
State Revenue Collections Higher Than Estimates
The Office of MN Management and Budget(MMB)released a quarterly revenue and economic update
that shows state net revenue receipts between July and September are 4.4%,or$217 million,higher
then estimated.The update indicates that net individual income and sales tax receipts were above the
forecast,while net corporate tax receipts were lower than expected.Click here for the update.The next
complete budget forecast will be released in early December.
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St.Paul,MN 55103
651-215.4000
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Eric Johnson
From: Mary Mccomber <marymccomber@aol.com>
Sent: Saturday,October 12, 2019 12:04 PM
To: Eric Johnson
Subject: Fwd: Legislative Update -October 11,2019
For weekly notes
----Original Message—
From: Rep. Shelly Christensen <rep.shelly.christensen@public.govdelivery.com>
To: marymccomber<marymccomber@aol.com>
Sent: Fri, Oct 11, 2019 4:34 pm
Subject: Legislative Update-October 11, 2019
Havma trouble wewma this email?View it as a Web gage
Representative
Shelly
Christensen
�0
Dear Neighbors,
We have some important legislative surveys that I wanted to share with you. If you could
take a moment to fill these out, it'll immensely help our work here at the Legislature, and
I'd appreciate your input.
Minnesota Values Project Survey
During the interim, my colleagues and I remain hard at work crafting legislation and
holding community meetings. In order to continue our work in a way that improves
Minnesota and takes on the issues that matter to you, I ask that you find a moment to
take our Minnesota Values Project Survey.
The Minnesota Values Project is a partnership between Minnesotans, elected officials,
and organizations to create a shared vision for the future of our state. Minnesotans care
deeply about our state and want to see one another succeed. Working together, we can
strengthen our communities by improving education opportunities, making affordable
healthcare a reality, and increasing economic prosperity for all Minnesotans. You can
take the survey here.
LCCMR Survey
1
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The Legislative-Citizen Commission on Minnesota Resources (LCCMR) is seeking input
for a strategic plan that will guide funding from the Environment and Natural Resources
Trust Fund (ENRTF) for the next six years.
The survey is anonymous and open to the public, and takes less than 5 minutes to
complete. The survey will be open until Monday, October 28. You can take the survey
online here.
Be Heard on Cannabis
As legalized cannabis continues to be established in other states, it's likely that
Minnesota's first serious conversation on the issue will take place in the Legislature next
session. To better engage the public on this topic, several "Community Conversations
on Cannabis" events are taking place throughout the state, and another online survey
available here.
Stay in Touch
I hope you found these surveys worthwhile! If you have any questions about issues
raised in them, please feel free to contact me. During the interim I'll be back home
working with neighbors to find solutions to the issues facing our community and state,
and I always appreciate your input! You can reach me at (651) 296-
4244 or rep.shelly.christensen@house.mn. I look forward to hearing from you!
Sincerely,
Representative Shelly Christensen
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16 of 61
Lake Elmo Airport (21D)
Joint Airport Zoning Board (JAZB)
Meeting Agenda
Thursday, October 17, 2019
3:30 P.M.
Baytown Community Center
4020 McDonald Drive N., Stillwater MN 55082
Azenda Items
1. Chair Opening/Remarks
2. Approval of Minutes from August 29, 2019 Meeting
3. JAZB Formation Items
4. Presentation of Custom Standard Zoning Factors
5. Example Custom Zone for Discussion
6. Public Comments
7. Board Discussion on Custom Zoning Factors and Example
8. Establish Next Meeting Date
9. Adjourn
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LAKE ELMO AIRPORT
JOINT AIRPORT ZONING BOARD
Thursday, August 29, 2019
Baytown Community Center
4020 McDonald Drive North, Stillwater, MN 55082
DRAFT MEETING MINUTES [NOT APPROVED]
Chair Weyrauch convened the Lake Elmo Airport Joint Airport Zoning Board meeting at 3:30
PM. The following were in attendance:
Members: Rick Weyrauch, Chair
Kent Grandlienard, Baytown Township, Board Member
John Hall, Baytown Township, Board Member
Ken Roberts, City of Lake Elmo, Board Member
Mary McComber, City of Oak Park Heights, Board Member
Mike Liljegren, City of Oak Park Heights, Board Member
Jim Kremer, City of Oak Park Heights, Alternate
Dave Schultz, West Lakeland Township, Board Member
Mary Vierling, West Lakeland Township, Board Member
Brian Krafthefer,West Lakeland Township, Alternate
Dan Kyllo, West Lakeland Township, Alternate
Rick King, Metropolitan Airports Commission, Board Member
Rod Skoog, Metropolitan Airports Commission, Board Member
Others: Bridget Rief, Joe Harris, Neil Ralston, Evan Wilson, Jennifer Lewis, MAC Staff;
John Fleming, Rylan Juran, MnDOT; Ann Pung-Terwedo, Washington County;
Don Bolvin,Ann Bucheck, Denise Cornell, Raymond Hassman, Mike Kaschmitter,
Laura Kaschmitter, Molly Olson, Luke Peterson, John Renwick, Dave Screaton,
Mike Seeber
1. CHAIR OPENING/REMARKS
Chair Weyrauch opened the meeting and provided introductory remarks. Chair Weyrauch
emphasized that the charter for the JAZB is to develop an airport zoning ordinance for the
surrounding communities of the Lake Elmo Airport. He informed the members of the public
that there were speaker cards available for those who would like to give comment at the
appropriate time.
2. APPROVAL OF MINUTES FROM JUNE 25. 2019 MEETING
Chair Weyrauch requested a motion to approve the meeting minutes from the Lake Elmo
Airport Joint Airport Zoning Board meeting held on June 25, 2019.
IT WAS MOVED BY MARY McCOMBER, SECONDED BY RICK KING, TO APPROVE
THE MINUTES OF THE JUNE 25, 2019 LAKE ELMO AIRPORT JOINT AIRPORT
ZONING BOARD MEETING, AS PRESENTED. THE MOTION CARRIED BY
UNANIMOUS VOTE.
18 of 61
Lake Elmo Airport Joint Airport Zoning Board Page 2
August 29, 2019
3. JAZB FORMATION ITEMS
Chair Weyrauch introduced the new members of the JAZB, John Hall of Baytown
Township, Rod Skoog of the Metropolitan Airports Commission, and Jim Kremer of Oak
Park Heights (Alternate).
Evan Wilson, Metropolitan Airports Commission, stated the zoning statute requires that
the JAZB members be appointed by an official resolution adopted by each participating
jurisdiction. Mr. Wilson asked if the respected jurisdictions have done that, and if not, Mr.
Wilson requested that formal resolutions be completed by the next meeting. Mr. Wilson
stated the resolution should confirm the jurisdiction's desire to join the JAZB and formalize
the appointments of the members.
Chair Weyrauch revisited the request for a Vice Chair from the June 25, 2019 meeting.
Chair Weyrauch stated that a Vice Chair is not allotted for or required in the board
construction, therefore there is no precedent or means for appointing a Vice Chair. Chair
Weyrauch stated that would be left as a closed item and the Board would operate without
a Vice Chair.
Chair Weyrauch then turned the meeting to Neil Ralston, Metropolitan Airports
Commission, who commented on the scope of the Lake Elmo Airport Zoning Ordinance.
Mr. Ralston referenced a question from the June 25, 2019 meeting as to whether the
ordinance was to be for the existing or the proposed future runway configuration. Mr.
Ralston followed up with MnDOT staff,who clarified that they will not approve an ordinance
proposal that does not include the future runway configuration. The existing configuration
would need to be included in the package if the JAZB submits under the Commissioner
Standard process. Mr. Ralston further explained that if the JAZB chooses to submit under
the Custom Standard Process, there is no guidance that requires zoning for the existing
runway configuration. Mr. Ralston asked Rylan Juran, MnDOT, to confirm if that was
correct. Mr. Juran confirmed the accuracy of the statement.
4. PUBLIC COMMENTS
Chair Weyrauch opened the Public Comment portion of the meeting and noted a three-
minute limit for each speaker.A member of the public requested that there also be time at
the end of the meeting to provide commentary.
Chair Weyrauch requested a motion to move the Public Comment section to the end of
the meeting.
IT WAS MOVED BY KENT GRANDLIENARD, SECONDED BY MIKE LILGEGREN, TO
HOLD THE PUBLIC COMMENT SECTION AT THE END OF THE MEETING. THE
MOTION CARRIED BY UNANIMOUS VOTE.
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Lake Elmo Airport Joint Airport Zoning Board Page 3
August 29, 2019
5. OVERVIEW OF STATE AIRPORT ZONING STATUTE (MnDOT AERONAUTICS)
Chair Weyrauch then introduced Mr. Juran, who presented an overview of the State
Airport Zoning Statutes.
6. PRESENTATION — COMMISSIONER AND CUSTOM STANDARDS FOR LAKE ELMO
AIRPORT
Chair Weyrauch turned the meeting over to Mr. Ralston for a presentation of the
Commissioner and Custom Standards. The presentation included a Case Study from the
recently-completed zoning initiative at Flying Cloud Airport. Mr. Ralston's presentation
also included examples of how the Commissioner's Standard would apply to Lake Elmo
Airport.
7. PUBLIC COMMENT PERIOD
Chair Weyrauch asked the JAZB how they would like to proceed with the Public Comment
period, and if they would like to hear public comments prior to voting on which zoning
standard to use.
Rick King, Metropolitan Airports Commission, suggested that the public could comment
on everything presented so far and then the JAZB could discuss the comments made by
the public.
Chair Weyrauch concurred with this suggestion and noted a three-minute time limit per
speaker. Chair Weyrauch then asked for a motion to offer two public comment periods.
IT WAS MOVED BY ROD SKOOG, SECONDED BY JOHN HALL, TO HOLD TWO
PUBLIC COMMENT PERIODS.
CHAIR WEYRAUCH CLARIFIED THAT THE FIRST COMMENT PERIOD WILL BE THE
OFFICIAL COMMENT PERIOD AND THE SECOND COMMENT PERIOD WILL BE
USED TO COMMENT ON ANY ACTIONS THE BOARD TAKES.
THE MOTION CARRIED BY UNANIMOUS VOTE.
Public comments were received from five (5) individuals and addressed the following
topics:
• Aircraft noise
• Historical funding for airport maintenance and operations
• Balance between safety and economic impact
• Time of JAZB meetings
• Advertising awareness for JAZB meetings so more members of the public can
attend and comment
• Timing for airport zoning
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Lake Elmo Airport Joint Airport Zoning Board Page 4
August 29, 2019
The question about timing was responded to with information that airport zoning has been
in place for decades. A representative of Washington County explained the Washington
County Airport Overlay District zoning(since transferred to Township Zoning Ordinances).
In addition, a letter that had been sent to the JAZB regarding the impact of new zoning
regulations on property uses and values was made available to all JAZB members and
meeting attendees.
8. DISCUSSION OF COMMISSIONER AND CUSTOM STANDARDS FOR LAKE ELMO
AIRPORT
IT WAS MOVED BY KENT GRANDLIENARD, SECONDED BY KEN ROBERTS, TO
SELECT THE CUSTOM ZONING STANDARD.
EVAN WILSON RECOMMENDED AN AMENDMENT TO THE MOTION THAT
AUTHORIZES THE JAZB TO NOTIFY MNDOT OF THE SELECTION OF THE CUSTOM
ZONING STANDARD.
KENT GRANDLIENARD MODIFIED THE MOTION TO INCLUDE AUTHORIZATION OF
NOTIFICATION TO MNDOT.
THE MOTION PASSED WITH SEVEN VOTES IN FAVOR AND TWO AGAINST.
9. DISCUSSION OF AIRPORT ZONING LIABILITY
Chair Weyrauch turned the meeting over to Mr. Wilson to provide an overview of airport
zoning liability and the recent changes to airport zoning statutes.
Mr. Wilson described recent case law regarding airport zoning, including DeCook v.
Rochester JAZB and O'Neil v. Bloomington. There is legal precedent that suggests a
JAZB is not a property party to a takings claim. Mr.Wilson also described changes to the
airport zoning statute, including the elevation of airport zoning in local planning processes,
the requirement for local jurisdictions to incorporate and administer airport zoning in
connection with local zoning, and the new flexibility provided to JAZB's to develop airport
zoning. Given these changes, MAC's position is that indemnification by MAC of JAZB
members is not appropriate.
10. ESTABLISH NEXT MEETING DATE
The Board discussed possible dates for the next meeting. Under the Custom Zoning
Standard, the next meeting will focus on a review of the custom zoning factors and
developing a methodology for constructing the zoning ordinance.
After that, a Draft Airport Zoning Ordinance will be prepared and presented back to the
Board for approval to proceed with a Public Hearing.
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Lake Elmo Airport Joint Airport Zoning Board Page 5
August 29, 2019
JAZB members requested that larger drawing exhibits be made available for review at the
next meeting.
Chair Weyrauch set October 17"' as the date for the next JAZB meeting. After further
discussion, the meeting time will continue to be 3:30 PM.
11. ADJOURN
WITH NO FURTHER BUSINESS TO DISCUSS, CHAIR WEYRAUCH REQUESTED A
MOTION TO ADJOURN THE MEETING. IT WAS MOVED BY KEN ROBERTS AND
SECONDED BY MIKE LILJEGREN TO ADJOURN THE MEETING. THE MOTION
CARRIED BY UNANIMOUS VOTE.
The meeting was adjourned at 5:38 PM.
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2020-2034 UPPER MIDWEST ENERGY PLAN Xcel Energy®
NOTICE OF INTEGRATED RESOURCE PLAN
FILING AND PUBLIC MEETINGS
On July 1,2019,Northern States Power Company,doing business as Bad weather?Find out if a meeting is canceled—call(toll-free)
Xcel Energy,filed its 2020-2034 Upper Midwest Energy Plan,also 1.855.731.6208 or 651.201.2213 or visit mn.gov/puc.
known as its Integrated Resource Plan or IRP with the Minnesota el lewwR..isrrTEN f f%RAMENTS
Public Utilities Commission(the Commission).Xcel Energy is required If you are unable to attend a public meeting,you may submit
to file an IRP with the Commission that outlines how it plans to comments to the Commission throughout the Comment Period.
generate electricity for the next 15 years.Xcel Energy is committed to Public Comments are accepted through January 8,2020 at 4:30 p.m.
continue delivering clean,reliable energy to customers in the Upper Comments received after the close of the comment period may or may
Midwest while also keeping bills low.Xcel Energy's Upper Midwest not be considered by the Commission.
Energy Plan outlines how the company plans to reduce carbon
emissions by more than 80 percent by 2030.The plan proposes to Public Comments should include your name,city and state and can be
close all of the company's coal units in the Upper Midwest a decade submitted in the following ways:
ahead of schedule,ensure reliable,affordable energy by extending the 1. Online:Visit www.mn.gov/puc,select Speak Up! Find Docket
use of nuclear energy at the Monticello plant,use cleaner natural gas, No.19-368 and add your comments to the discussion.
and increase wind and solar energy installations.The plan also calls to
build on energy efficiency programs and work with customers on new 2.Email:Email your comments to consumer.puc®state.mn.us.
demand response options to help manage energy load at times of high Please make sure you include the Docket Number 19-368.
system usage. 3.eDockets:Use the Commission's eFiling system—
The Commission oversees the resource planning process and makes a go to www.mn.gov/puc,select"eFiling,"
final determination on Xcel Energy's plan after input from stakeholders, 4.U.S.Mail:
government agencies,and the public.Now that Xcel Energy has filed Minnesota Public Utilities Commission
its plan,interested stakeholders,members of the public,and state 121 7th Place East,Suite 350
agencies can review the plan and file comments with the Commission. St.Paul,MN 55101
The Commission will then consider input from these groups,and at a
public meeting,will approve,change,or reject Xcel Energy's plan. Important:Comments will be made available to the public on the
Commission's website,except in limited circumstances consistent with
In reviewing a proposed resource plan,the Commission evaluates the Minnesota Government Data Practices Act.The Commission does
whether the resource options and plans are able to:(1)maintain or not edit or delete personally identifying information from submissions.
improve the adequacy and reliability of service,(2)keep the customers'
bills as low as possible,given regulatory and other constraints, 3DAInON
(3)minimize adverse socioeconomic and environmental effects, If any reasonable accommodation is needed to enable you to fully
(4)enhance the utility's ability to respond to changes affecting its participate in these meetings(e.g.,sign language or large print
open3tions,and(5)limit the risk of adverse effects on customers and materials),please contact the Office of Administrative Hearings at
the utility that the utility cannot control. 651.361.7000(voice)or 651.361.7878(TTY)at least one week in
advance of the meeting.
Based on the high level of interest in Xcel Energy's plan,the Commission HOW TO LEARN MORE
has decided to hold public meetings.Administrative Law Judge Jessica Xcel Energy s website contains an overview of the Upper Midwest
Palmer-Denig will hold five public meetings regarding the Xcel Energy's Energy Plan,including filing materials,workshop materials and
Upper Midwest Energy Plan.You are invited to attend these public additional resources.
meetings and provide input.You do not need to be represented by Xcel Energy
an attorney. 414 Nicollet Mall
Monday,October 21,2019 at 2 p.m. Minneapolis,MN 55401
Sabathani Community Center,Target Banquet Center Phone:1.800.895.4999
310 East 38th Street Web:xcelenergy.com/UpperMidwestEnergyPlan(Select Minnesota)
Minneapolis,MN 55409 You can also read the filing submitted to the Commission and
Monday,October 21,2019 at 7 p.m. records of party input through the Commission's online filing system,
Sabathani Community Center,Target Banquet Center eDockets.Go to httpz//www.edockets.state.mn.us/EFiling/search.
310 East 38th Street jsp enter"19"in the year field and"368"in the number field,select
Minneapolis,MN 55409 Search and a list of documents will appear on the next page.
Wednesday,October 23,2019 at 7 p.m. The Commission's webpage,https://mn.gov/puc/energy/resource-
St.Cloud Holiday Inn&Suites,Heritage Room planning/,contains additional information on the resource planning
75 37th Avenue South process.If you have additional questions about the Minnesota Public
St.Cloud,MN 56301 Utilities Commission's review process:
Monday,October 28,2019 at 7 p.m. Minnesota Public Utilities Commission
Dayton's Bluff Recreation Center,Auditorium 121 7th Place East,Suite 350,St.Paul MN 55101
800 Conway Street Phone:651.296.0406 or 1.800.657.3782
St.Paul,MN 55106 Email:consumer.puc@state.mn.us
Wednesday,October 30,2019 at 7 p.m. Citizens with hearing or speech impairment may call through their
Mankato Civic Center,Reception Hall preferred Telecommunications Relay Service.
1 Civic Center Plaza
Manka Ko go01
xcelenergy.com 10 2019 Xcel Energy Inc. Xcel Energy is a registered trademark of Xcel Energy Inc.1 09190N21
Eric Johnson
From: Mary Mccomber <marymccomber@aol.com>
Sent: Wednesday,October 16, 2019 1:58 PM
To: Eric Johnson
Subject: Fwd: Fall update: Stillwater Lift Bridge/Loop Trail
For weekly notes
--Original Message-----
From: MnDOT<mndot@public.govdelivery.com>
To: marymccomber<marymccomber@aol.com>
Sent: Tue, Oct 15, 2019 9:17 am
Subject: Fall update: Stillwater Lift Bridge/Loop Trail
Having trouble viewing this email?View it as a Web page.
DEP
ART11
E II' T OF
MI TRANSPORTATION'
Fall update: Stillwater Lift Bridge/Loop Trail
Despite getting a preview of the upcoming winter this
past weekend, crews will continue repairs and restoration
of the Stillwater Lift Bridge.Although the project was
originally expected to be complete by late June this year,
this spring's high floodwaters and the discovery of
additional work on the lift span has delayed completion
until early next year.
This year's work included repairing steel, painting, upgrading the electrical and
mechanical system, installing decorative lights and rebuilding the concourse area to
restore the lift bridge to its original 1931 look.
As of September, all spans of the bridge are painted, and old deteriorated concrete in
the concourse and sidewalks at the Minnesota end of the bridge has been removed.
Crews also started pouring new concrete.
Span 6, two spans east of the lift span,will be floated back into place after the end of
the boating season in mid-to late October.At that time,the lift span will be raised to
serve boats until freeze-up.The move could be delayed depending on St. Croix River
i
24 of 61
water levels. Crews floated span 6 out of position early this summer to allow for boat
traffic while they worked on the lift span.
Work will continue on the lift span throughout the rest of the year with the
installation of drums, and the ring and pinion gears on the lift mechanism to raise and
lower the lift span.
And although the loop trail is complete in both Minnesota and Wisconsin,the entire
trail will not open until next spring after completion of the lift bridge.
More about this project
The lift bridge is being converted to a bicycle/pedestrian crossing that will become
part of a nearly five-mile "loop trail" system connecting the new river bridge with the
historic bridge and other regional trails.The lift bridge will continue to operate and
allow boat navigation beneath.
If you'd like more information about the Stillwater Lift Bridge project, please
visit: mndot.gov/metro/projects/liftbridge.
Stay connected
• Follow us on Facebook:facebook.com/mndot and Twitter: @mndotnews
• Be ready. Know your route: mndot.gov/knowyourroute
• Sign up for Metro area weekend traffic impacts email updates
• For real-time travel information anywhere in Minnesota visit 511mn.org or
dial 5-1-1
MnDOT • mndot.gov
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Minnesota Department of Transportation-395 John Ireland Blvd•Saint Paul,MN 55155
2
25 of 61
TRANSPORTATION AND INFRASTRUCTURE SERVICES (2019)
5.00 Transportation Principles transportation projects. It is important that
state and local government officials have the
The United States'transportation systems are ability to "flex funds," or use federal
essential to the economic growth,vitality and transportation funding as they properly
resilience of our nation's cities and towns and determine.
the country as a whole. These systems can
preserve and strengthen local and regional C. Modal Equity
economies, stimulate economic growth and NLC supports investment in the nation's
strengthen our competitive position in world infrastructure and encourages the federal
trade. The safe and efficient movement of government to enact policies and programs
people and goods must be the prime objective that would expand public and private
of transportation policy at all levels of investment in all areas of infrastructure.
government, and federal, state and local Federal policy should treat all transportation
governments should be guided by the modes with equity and should urge federal,
following principles in the development and state, and local officials to work together on
implementation of transportation policies and the safe, efficient, and environmentally-
programs. friendly designs for solving transportation
problems. Public subsidies for particular
A. Local Control modes of transportation, if used, must be
Fundamental responsibility for overall explicit in the outcomes required and must
transportation decision-making is a shared support and enhance the efficient operation
federal, state and local responsibility but of our market-based economic system. Rural
emphasis should be at the local level. NLC and urban transportation needs should be
supports the ability of states and addressed equitably.
municipalities to set their own priorities in
transportation investment, and to have a D. Intermodalism/Multimodalism
greater voice in influencing transportation NLC recognizes the need for regional and
plans that satisfy local needs and objectives. federal strategies to create a seas-,robust
and multimodal national transportation
Where there are overriding national or system. It is essential that the nation's
statewide transportation concerns, federal transportation system be seamless and mode-
and state governments have a legitimate role neutral. Federal policy should encourage
in planning and decision-making, but local "closing the gap" of independent modal
governments should never be excluded from elements of the transportation system, with
those processes. Congress should strengthen the goal of ensuring that efficient connections
provisions for local decision-making as a between modes are available for the
central component of any federal movement of people and goods.
transportation program, and any funds
intended for local use must not be diverted to NLC supports federal priority funding for
state governments. improving the efficiency of the connecting
modes of intermodal/multimodal facilities.
B. Flexibility
NLC supports local flexibility to build,
operate and maintain local and regional
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E. Integrated Management and 5.01 Transportation Policies
Operations
Federal policy must encourage integrated A. Transportation Planning
management and operation of all 1. Metropolitan Planning Organizations
transportation systems at regional and local The federal government must continue to
levels, maximizing the use of information require that Metropolitan Planning
technology for management of traffic and Organizations (MPOs) be responsible for a
transit, monitoring structural integrity, and continuing, comprehensive, and coordinated
enforcement for public safety. transportation planning process that develops
multimodal transportation programs in
F. Advanced Transportation cooperation with state transportation
Technologies departments, public transportation agencies,
City leaders welcome advanced technologies and local implementing agencies. The MPO
that can improve safety, reduce congestion endorsement of these plans and programs
and decrease costs within the transportation must be a prerequisite for approval of
networks. It should be a federal policy to federally assisted transportation projects in
accelerate the testing, deployment and urbanized areas. The federal government
integration of advanced transportation should continue to provide adequate financial
technologies, such as automated, connected, assistance to MPOs for planning efforts.
electric and shared vehicles, that have the
capability to increase mobility options and The federal government should allow the
accessibility, while simultaneously ensuring MPO and/or the local government to plan
safety and reducing emissions, collisions and projects that use alternate design standards
congestion. This should be done in close while meeting environmental objectives,
consultation with cities and include a robust when the use of rigid federal design standards
public engagement process and appropriate is inconsistent with local needs.
regulations that ensure the unique needs of
each municipality are accounted for. Federal regulations should continue to
Adoption of new technologies should also be require that the elected officials of general
linked to solutions to address persistent purpose local governments be adequately
challenges including funding, data for represented on the MPO and that such
research and integrated transportation officials participate in the designation and re-
planning. designation of the planning organization and
its membership.
G. Disadvantaged Business Enterprise
(DBE)Requirements MPOs representing metropolitan areas with
The federal government should seek greater populations of more than 50,000 must be the
economic opportunity for disadvantaged direct recipients of federal transportation
businesses in federal procurement and funding for all transportation planning and
financial assistance programs. DBE goals program efforts in those areas. Small cities
should be high enough to be effective, and with populations less than 50,000 should
enforcement should be reasonably consistent. have the option to receive federal
Furthermore, a flexible, efficient waiver transportation funding directly or retain the
procedure should be instituted to take into current practice of state sub-allocation.
account the percentages of DBEs in an area
and the availability of DBEs.
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The federal government shall require states to • Mandate concurrent reviews among all
work cooperatively with MPOs to develop federal and state agencies involved in the
joint forecasts of anticipated federal environmental review of all federally
transportation funding to create more funded transportation projects;
accountability in federal highway projects. . Standardize environmental policy and
the review/approval process within DOT
2. Rural Consultation modes;
The federal government must require states . Develop clearly defined procedures for
to implement a process for consulting with resolving disputes among those agencies;
local jurisdictions in rural, non-MPO areas, . Require all agencies to determine
regarding transportation project planning and appropriate time frames to complete their
decision making. reviews;
• Eliminate duplicative environmental
3. Project Identification review by crediting equal or more
States should be prohibited from stringent state environmental review
implementing projects unless they are first actions during the federal environmental
included in the transportation improvement review process;
plans, except for Management and • Continue to allow federal transportation
Operations(M/O)projects. dollars to be used by local and state
NLC urges the federal government to require government to provide the resourcesnecessary to meet the time limits
states to consult with affected local established for the federal environmental
communities on transportation projects process; and
regarding the inclusion of environmental . Include locally elected officials in any
retrofits,such as storm water runoff and noise pilot program created to examine
abatement, as part of projects that are exempt environmental streamlining efforts.
from federal environmental requirements,
including categorical exclusions. 5. Municipal Impact Analysis
4. Project Delivery The social, environmental, economic, and
The federal government must streamline the energy impacts of proposed federal
federal transportation project delivery transportation legislation and regulations
process to facilitate construction of federally should be identified by the MPO or local
funded projects and reduce project delays.
jurisdictional body prior to implementation,Delays in the implementation of federally and steps should be taken to mitigate any
adverse impacts. Existing and proposed
funded transportation projects must be federal transportation programs and
eliminated in order to increase local control
and make more effective use of limited regulations must be carefully designed to financial resources. The federal government ensure that actions taken support municipalelected officials and their constituents'
should require states to implement
transportation projects identified on the local efforts to improve the social, economic and
environmental sustainability of their
level and of local importance with the same communities and flexibility in the use of
timeliness and priority as other regional federal dollars to achieve local goals.
transportation projects.
The project delivery process must:
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6. Research and Development movement and congestion relief
The federal government should continue to improvements, leveraged private capital, and
research,develop,and conduct local pilot and the promotion of innovative technologies.
demonstration projects of new technologies
through federally-financed programs, and While TIFIA has provided flexible funding
include local governments as key partners at for major transportation projects and helped
the request of local officials. local governments leverage private and other
non-federal investments, limited budget
B. Transportation Finance and authority and delays in the approval process
Administration can result in cost increases.NLC supports an
1. The Federal Role increase in the available funding for the
The current federal surface transportation TIFIA program and greater flexibility for
programs are not meeting the financial needs DOT in approving projects that can take
of the transportation system. NLC supports advantage of favorable financing.
broadening the definition of innovative c. Revenue Generation
financing techniques beyond debt financing The federal government should encourage a
to include: new generation of creative and innovative
revenue generation options at the state and
a. Innovative Management of Funds local levels such as public-private
NLC encourages the federal government to partnerships to help finance critical
permit municipalities to use innovative transportation infrastructure needs. (See also
financial management techniques such as FAIR Section 1.02C.5, Increasing the Supply
advanced construction financing, toll credits of Municipal Capital.)
and flexible federal — local match options
with federal transportation funds to maximize d. Debt Financing
limited public funds and leverage private Debt financing for highway and transit
capital. Innovative management must follow projects is an important financial tool if
generally-applicable accounting principles. exercised prudently. Low cost loans from the
federal government can be extremely useful
b. Credit Assistance in getting highway projects moving and
Credit assistance, tax incentives and other resolving significant transportation funding
transportation finance tools have been issues. Where federal funds are involved,
effective tools in expanding the available NLC recommends ensuring sufficient
revenue for transportation investments. NLC protections to balance immediate
supports federal direct (low interest) loans, transportation needs against the financial
loan guarantees and credit line assistance burden on future generations. Such
with favorable terms through programs like protections include, but are not limited to,
Infrastructure Banks and the Transportation debt ceiling caps and required public
Infrastructure Finance and Innovation Act referenda.
(TIFIA). NLC supports the application of
objective approval criteria for credit e. Federal Aid Turnback
assistance. Approval factors should include, NLC Strongly opposes proposals to
but not be limited to, threshold cost dismantle federal transportation finance by
requirements, consistency with long-range turning back all or a portion of the federal aid
regional and state transportation plans, to the states.
generation of economic benefits, goods
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2. Surface Transportation Revenue Sources fairness, administrative ease, and policy
a. Guiding Principles stability.
NLC endorses the preservation of federal fuel
taxes to fund the Highway Trust Fund(HTF), v. Revenue Generation: Any new
which funds national surface transportation transportation revenue system must be
needs. All federal fuel taxes need to be able to generate more revenue than
increased in steps to reflect inflation since the collected currently, and it must maintain
last increase and then indexed for inflation in the precedent under the current system's
future years. In addition,the decrease in HTF design that protects against cheating to
revenue collections indicate the need for avoid paying one's fair share of fuel
alternative transportation funding system. taxes.
Vehicle miles traveled (VMT) and other
experimental ideas should be developed to vi. Reliability: Revenue streams must be
meet the nation's long-term needs. These reliable and sufficient to meet the diverse
programs should have a mechanism that both and growing transportation infrastructure
reflects inflation and vehicle gross weight, needs of the nation.
and emissions
vii. Technology Improvements: The
The following principles should guide federal increasing shortfall of revenues from fuel
efforts to achieve this objective: taxes caused by the reduction in gasoline
usage from increasingly fuel-efficient
i. Fairness: Any new transportation vehicles and alternative fuel cars and
revenue system must ensure that no trucks (i.e., hybrid, all-electric,
single segment of the population bears an alternative fuel, and hydrogen-electric
inequitable financial burden. vehicles), and higher use of alternative
transportation systems that utilize no
ii. Privacy: The design of any new gasoline must be offset with alternative
transportation revenue and related tax revenue sources to fairly reflect their
collection system must integrate share of road usage.At the same time,the
reasonable privacy protections yet need for revenue stability should be
provide information related to miles balanced with the need for federal, state
driven within travel jurisdictions. and local policies to encourage
reductions in vehicle emissions,
iii. Administrative Ease: The design of any particularly in urban areas.
new transportation revenue system
should improve administrative b. Fuel Taxes as HTF Revenue Source
effectiveness and efficiency. At Until a new, national transportation
minimum, there must be no financing system is in place; Congress
administrative deterioration from the must maintain a dedicated federal fuel tax
current system. on diesel, gasoline, and gasohol that
generates sufficient annual revenues
iv. Seamless Transition: The dedicated to the HTF for transportation
implementation of any new purposes only. These funds must not be
transportation revenue system must diverted for other purposed and need to
provide for a seamless,gradual transition be (a) increased to reflect loss of
to ensure stable revenue collections, tax purchasing power and (b) indexed to
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account for future inflation and the administration to both preserve current
federally mandated Corporate Average guaranteed funding mechanisms and to
Fuel Economy(CAFE) standards increase the percentages allocated to the
federal transit program.
• Congress should require heavier trucks to
increase their contribution to the HTF so To provide a viable alternative to the
that they pay in proportion to the costs automobile, public transportation services
they impose on the highway system. The need to be of quality and frequency if they are
heavy-use truck fee should continue to be to attract a significant number of passengers.
required until such time as the This shift in passenger traffic can only be
Department of Transportation can accomplished with an increased commitment
recommend to Congress an alternative of public funds for essential equipment,staff,
tax which is more equitable than the and maintenance.
heavy-use tax, easy to administer, and
will generate at least as much revenue as NLC opposes state-by-state minimum
the use tax. This could be in the form of allocations for federal transit funding. NLC
a VMT to reflect annual mileage traveled opposes the imposition of "caps" on the
and indexed to reflect gross vehicle amount of federal transit funding a state may
weight. This would operate as a national receive. Caps do not address differences in
program but would not exclude similar transit needs in the country,and force a"one-
state programs. Devices such as studded size-fits-all" approach to federal spending on
tires are permanent or seasonally transit programs.
permanent that increase wear and tear
abnormally on highways should bear a A federal commitment should be made to
portion of highway maintenance expense new funding and not by shifting funding from
through the imposition of existing transportation programs. States or
mount/dismount or other installation fees localities that provide a greater financial
at the state level. commitment shall receive higher priority for
• Congress should allow the use of toll federal funding for public transportation
financing on federally aided highway, systems.
tunnel and bridge projects.
• Congress should develop incentives for Maintenance and productivity indices should
local governments to increase their be incorporated into federal allocation
contribution to the federal highway formulae and there should be incentives in
program, for instance, by allowing the matching-ratio to encourage productivity
localities to increase the local matching improvements and maintenance of existing
share of highway funds at their transit facilities. However, productivity
discretion. However, those increased improvements alone will not mitigate the
contributions should not be considered a problems of rising transit costs and
substitute for the federal highway funds inadequate transit revenues.
to which a state or locality is entitled.
Federal policy should also continue to
c. Funding Public Transportation emphasize the proper management of
NLC supports an increase in funds existing transit systems and the
designated for public transportation, and implementation of low cost transit
urges Congress and the federal government improvements.
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3. Transportation Tax Policy to Encourage C. Federal Responsibility for Planning
Commute Alternatives and Funding Freight Mobility
NLC supports changes to the tax code and The U.S. goods movement system needs
federal tax incentives to encourage greater federal leadership. Freight
vanpooling, ridesharing, transit usage, bottlenecks can be found all over the country,
telecommuting and other commute but the task of prioritization and fixing them
alternatives. Current law prohibits employers is often beyond the means of the states,
from providing tax-free commuter benefits. counties and cities in which projects are
NLC seeks reinstatement of those tax-free located. A national freight strategy and
benefits that were deleted by Congress as part dedicated, competitive and formula funding
of the 1986 Tax Reform Act. NLC urges the is critical in order to maintain the efficiency
federal government to ensure that pretax of the transportation system and the U.S.
benefits offered for commute alternatives, economic competitiveness. NLC urges the
including transit, are equal to or greater than federal government to adopt the following
those offered for parking. specific measures;
NLC strongly urges the federal government 1. National Freight Strategy:
to promote transportation demand The Secretary of Transportation should be
management programs for both passenger directed to develop a national freight strategy
and freight movement and other commute that addresses multi-modal freight needs in
alternatives. NLC supports federal tax the United States. In addition to covering
incentives for small employers to coordinate domestic freight, the strategy should address
and promote ridesharing programs,including the movement of U.S. imports and exports
the use of new connected vehicle through U.S.ports
technologies, and services that provide
flexibility. Cities should be encouraged to 2. Senior, Focused Freight Leadership:
coordinate with other transportation agencies A multi-modal freight office led by an
to spread the movement of highway official at least at the assistant secretary level
passenger and freight traffic from peak to should be established with the Office of the
non-peak times. Secretary of Transportation. This official
would develop the national freight strategy
4. Federal Aid Turnback and associated policies, advocate for freight
NLC strongly opposes proposals to dismantle across the modal administrations, and award
federal transportation finance by turning back funding for goods movement programs and
all or a portion of the federal aid to the states. projects
S. Federal Earmarks 3. Dedicated Freight Program and Funding:
NLC is opposed to federal earmarks in the A dedicated,formula-based goods movement
congressional transportation funding process program with dedicated funding should be
that are inconsistent with regional and local created within the Department of
priorities. NLC believes that such earmarks Transportation. Ports should be eligible to
are inefficient, and often reduce the funding seek funding from this program for freight
available to a state or locality for higher
priority projects.
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projects both inside and outside their and represents passenger rail interests serving
terminals. cities along the routes.
4. Projects of Regional/National D. Air Quality
Significance: Specific air quality policies are contained in
A discretionary, merit-based grant program Section 2.03 of the EENR chapter.
for projects of national significance should be
established. Freight measures should be Transportation sources are significant
heavily weighted among the criteria used to contributors to the levels of pollutants,and as
select projects for funding. congestion increases in cities and the nation,
levels of these pollutants increase as well,
S. Freight Eligibility for Existing Programs: despite efforts to reduce emissions from
Eligibility requirements for existing surface mobile sources. Addressing transportation
transportation programs should be expanded issues is an effective way of reducing
to better address freight requirements. emissions in cities.Therefore,NLC urges the
a. Congestion Mitigation and Air Quality federal government to offer a funding
(CMAQ): Although freight projects are program for non-attainment areas and those
currently eligible for CMAQ funding, they cities struggling to maintain attainment to
are not major recipients of funds. CMAQ address emissions from mobile sources. The
criteria should be refined to more United States Department of Transportation
appropriately recognize freight's potential to (DOT), and not the states, should administer
contribute to air quality improvements. this program.
b. Road-rail grade separations: The criteria
for funding grade separation projects should E. Congestion Mitigation
be expanded to acknowledge congestion To maintain economic and environmental
relief and freight benefits, as well as safety viability, congestion mitigation programs
benefits. must be available to all cities. A
c. TIFIA: The TIFIA program should be comprehensive, federal funding program to
clarified to include projects located within a address congestion would foster project
port terminal that improve the intermodal innovation, enhance intermodal planning,
interchange, transfer, and surface access of promote savings in infrastructure investment,
goods into and out of ports and that reduce and increase the livability and economic
environmental impacts of freight movement. viability of communities across the country.
The federal government must develop a
6. Tax Credit for Rail Infrastructure congestion mitigation program that provides
Investment: direct funding to all cities to address
To encourage the expansion of freight rail congestion problems in their communities.
capacity, a tax credit should be created for Eligible projects could include intelligent
certain rail infrastructure investments that transportation systems, projects to increase
generate public benefits. vehicle occupancy, demand management
strategies,traffic flow improvement projects,
7. States'Freight Planning: congestion pricing, mode shift including
Each state should be required to develop a transit and non-motorized modes, and
freight plan and establish a freight advisory innovative transportation technologies such
committee that includes local representation as automated, connected, electric and shared
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transportation that would address the communities of color and other underserved,
efficiency of cities' transportation networks. disadvantaged populations.
F. Transportation of Hazardous NLC recognizes that federal policymakers
Materials have too often accepted limited input from
The condition of the nation's roads and these communities, creating racial
railroad infrastructure impacts the frequency disparities,and gaps of economic opportunity
and severity of accidents. Consequently, and social mobility in vulnerable
increased investment in this infrastructure populations. NLC supports federal
will also help reduce the number and severity transportation policies that:
of accidents involving hazardous materials . Ensure opportunities for input in the
by improving the safety of roads,bridges,and transportation planning process from
rail. Therefore, NLC continues to advocate affected communities;
for increased federal investment in this • Promote safety and address disparities in
critical infrastructure. traffic fatalities among people of color;
• Provide resources to municipalities to be
NLC supports existing federal performance able to incorporate community impact
standards to guide the selection of highway assessments and health impact
and rail routes along which hazardous assessments into the transportation
materials can be shipped including shipments planning process;
made by or under the direction of the United • Provide resources to municipalities to
States Department of Energy or Defense. strengthen minority business enterprise
(MBE) and disadvantaged business
States and localities must be allowed to adopt enterprise(DBE)programs;
and enforce highway and rail route • Restore communities destroyed, divided
requirements (including time-of--day or economically disadvantaged or
restrictions, escorting, and local bans) that divided by past decisions regarding
are consistent with the federal performance placement of transportation
standards. NLC supports federal exemptions infrastructure; and
when a state or locality can demonstrate that • provide access to safe and affordable
it has unique local safety requirements. multimodal transportation options with
G. Surface Transportation Security
equity across all communities based on
need.
NLC does not support diverting any portion
of the federal fuel tax to fund security Transportation system shall include affected
measures for surface transportation systems. locally elected officials in the planning
Securing these systems is a matter of national process. NLC urges the federal government,
security and must be funded as part of our in cooperation with local governments and
national defense. transportation system operators, to assess the
vulnerabilities of the entire surface
H. Racial Equity transportation system. Federal agencies must
America's cities need transportation assist local governments by sharing
infrastructure and services that support information, intelligence, technology, and
opportunities for all. Federal policy must best practices, and by providing adequate
support municipal efforts to provide essential funding for vulnerability assessments.
transportation systems, with a focus on
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NLC urges all sectors of the transportation hybrids and electric vehicles as well as the
industry, including public transportation value of the transportation product generated
systems, water transportation, public and by all vehicles as a function of gross vehicle
private transit and rail companies, and weight.
highway systems, to participate in
cooperative vulnerability assessments, Every state should also be guaranteed a
emergency response plans,and drills.Federal minimum percentage of funds to cushion any
financial assistance must be made available negative annual shifts in a state's historical
to implement these plans and assessments. share of federal transportation funds. Any
funds that may be distributed by the federal
NLC expects the federal government to: government to the states should be
• Provide technical assistance to local distributed in each state on an equitable basis.
governments to develop possible
countermeasures to deter, detect and B. Bridges
delay the consequences of terrorist threats NLC urges the federal government to
against vulnerable assets; maintain the current Bridge Replacement and
• Continue to research technologies to Rehabilitation program with sufficient
detect chemical, biological, and nuclear funding to repair bridges that are structurally
contaminants in transit systems and or operationally deficient. Off-system
provide technical and financial assistance bridges should continue to be eligible for
to local governments to implement these federal bridge funds, and the discretionary
technologies; bridge program should be preserved.
• Develop methods to harden assets
deemed most vulnerable; NLC urges the use of information technology
• Provide current security guidelines for all in monitoring the structural integrity of
transportation systems; and bridges.
• Encourage the use of information
technology in traffic management, NLC also strongly urges efforts at all levels
including the enforcement of traffic laws, of government to review road and bridge
monitoring infrastructure integrity, and needs and work to provide adequate revenue
public safety. to ensure the safety of our transportation
infrastructure.
5.02 Streets and Highways C. Highway Beautification
A. Highway Trust Fund Finance NLC recommends that the responsibility for
To balance the effects of inflation on the controlling outdoor advertising and
Highway Trust Fund by indexing the gas tax junkyards should be returned to
to the consumer price index (CPI), NLC municipalities, and to states in areas outside
strongly opposes diverting any of these funds municipalities. These governments should
to any non-transportation purposes,including have the authority to order the removal of
reducing or masking the federal deficit. those signs and the relocation of those
junkyards that are incompatible with state
NLC also supports adoptions of a VMT based and local land use plans and zoning laws,and
funding mechanism that increasingly allow sign and junkyard owners to amortize
captures the use of highways and roads by their losses through advertising revenues.
alternatively powered vehicles such as
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Federal controls over outdoor advertising The federal government should give funding
should be retained only on interstate priority to ITS projects that improve traffic
highways outside the jurisdictions of flow on existing streets and highways as
municipalities and on federally aided primary alternatives to major new construction,
highways selected as scenic highways by especially in high-density areas. Priority
states. should also be given to street and highway
improvements which benefit public transit,
D. Transportation Alternatives Program such as preferential lanes for high occupancy
NLC supports the Transportation vehicles, bus lanes, ramp metering,
Alternatives set aside in the Surface computerized traffic control,one-way streets,
Transportation Block Grant Program, which reversible traffic lanes, traffic signal priority
serves as a dedicated source of federal for buses,parking management strategies.
funding for local transportation priorities
including bicycle and pedestrian trails and With the rapid advent of autonomous,
facilities. connected, electric and shared advanced
transportation technologies, the federal
To foster fiscal certainty and security in the government should facilitate the testing and
transportation planning process. NLC urges deployment of demonstration projects
the U.S.Congress to maintain a funding level including single, multiple-occupancy and
for the Transportation Alternatives set-aside transit vehicles in those cities that choose to
that is equal to, or greater than, the inflation accelerate and integrate their adoption, in
adjusted levels established under the most order to increase mobility options while
recent previous authorization of the simultaneously reducing emissions, crashes
Transportation Alternatives Program. These and congestion.
programs should be protected from recession.
The federal government should facilitate the
NLC encourages the federal government to use of uniform technology in the collection of
maintain the Transportation Alternatives set- tolls on roads across jurisdictions and
aside as a dedicated source of funding for transportation systems such as vehicle
transportation projects because such projects mounted toll tags or passes and transit
have strengthened our nation's multi-modal stickers or passes.
transportation system and have contributed
significantly to economic development and F. Highway Safety
environmental improvement at the local and Greater consideration should be given to
regional level. safety in planning, design and construction.
Additional resources need to be focused at all
E. Intelligent Transportation Systems levels of government on research, education
NLC supports intelligent transportation and enforcement to increase highway safety,
systems (ITS) technology development and including work zones. NLC supports the use
deployment and an increase in federal of incentive grants to encourage states to
funding for these purposes. By applying ITS adopt more stringent impaired driving and
technologies and services, we can improve seat belt use laws. NLC also supports the use
the safety and efficiency of goods movement, of information technology in traffic
and thus the competitiveness of America's enforcement and pedestrian and bicycle
intermodal and international freight safety.
transportation systems.
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NLC supports the funding of elimination of 4. National Commercial Truck Driver
grade level crossings for high traffic rail lines Standards
in urban areas where the railway bisects cities NLC continues to support federal national
and towns impeding the flow of traffic and uniform standards for the training and
creating public safety issues. licensing of interstate and intrastate drivers of
commercial motor carriers States should
G. Motor Carriers administer those standards.
I. Truck Weight and Size Limits
NLC opposes increases in truck weight limits S. Enforcement of Motor Carrier Safety
unless and until such increases are Regulations
accompanied by simultaneous and sufficient The federal government should continue
increases in the heavy truck-user tax. adequate Highway Trust Fund funding for
the Motor Carrier Safety Assistance Program
NLC opposes allowing the longer (MCSAP). This program provides grants to
combination trucks (i.e., "triple-trailers" or states for development and implementation
"truck trains")both on and off the designated of programs (including roadside vehicle
national network of truck highways until the inspection programs), which enforce federal
impact of increased truck length and width and compatible state motor carrier safety
standards on highway costs and safety is regulations.
assessed and reflected in highway user fees
and appropriate safety regulations. The federal and state governments should
identify and develop new technologies and
2. Truck Routing innovative strategies,which will enhance and
NLC supports federal government study of improve commercial motor carrier safety,
the impact of the designation of routes along protect the driving public from commercial
which longer, wider trucks may travel. This motor carriers that do not pass safety
study should be used in the development of inspections, and promote and enforce much
any performance standards for such stricter safety standards for commercial
operations. State and local governments motor carriers, such as adequately securing
should also retain authority to designate truck truck loads and imposing penalties for
routes, truck access pickup and delivery missing treads.
points on roads which are not a part of the
designated truck network. 6. Motor Carrier Substance Abuse
Assistance Program
3. Regulation of the Motor Carrier Industry NLC supports a federal incentive grant
The federal government should encourage program for states that wish to conduct
increased competition within the trucking random roadside inspections for driver
industry and remove barriers to free entry by alcohol and drug abuse.
increasing the flexibility of carriers to set
rates and establish routes. No federal action 7. Motor Carrier Data Collection
should be taken to weaken truck safety NLC urges the federal government to
requirements in any way.NLC also urges that develop a centralized system for collecting
federal motor carrier safety requirements be and disseminating information on motor
applied uniformly for both domestically- carrier drivers and vehicles. The federal
registered and foreign-registered vehicles. government should:
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• Expedite the development of the National national interest of an effective, national
Driver Register(NDR); transportation system, especially where it
• Ensure that commercial truck driver alleviates congestion and increases economic
records are included in the Register; productivity.
• Adequately fund the program; and
• Assist states with collecting, exchanging, B. Role of the Private Sector
and maintaining comprehensive truck NLC believes the federal and state
accident and violation data and truck governments should make public-private
driver and inspection records and history partnerships an option for all communities
of substance abuse. for viable, appropriate projects that they
decide will serve their community.
H. Barriers to Connectivity
NLC believes that well-connected However, federal or state imposed,
communities are better able to serve all of competitive privatization of transit service
their residents and create economic undermines the public-serving nature of
opportunity for all parts of the community.In transit,and privately provided transit services
many cities and towns, problematic past will never serve all transit needs.
placement of federal highways has divided
communities and created dangerous and Decisions about the terms and conditions of
isolating barriers to mobility, especially private sector participation in transit,
pedestrian and cycling mobility within a including the decisions to subcontract with
community. These barriers have in many private providers if warranted, should be
instances created or worsened racial divides, made at the local level,not the federal or state
food deserts, and access to healthy recreation level.
or employment opportunities. These
problems can be extremely difficult and C. Local Control
costly to remedy. In light of the federal NLC believes that local control is paramount
highway program's responsibility for in transit decisions. NLC encourages the
creating these barriers, additional dedicated federal government to require a public transit
federal funding should be created to assist operator that accepts federal funding to
cities and towns in addressing these barriers cooperate with cities whose residents
and reuniting divided communities with contribute to the funding of the operator
pedestrian/cycling overpasses and concerning the location, operation, and
underpasses. maintenance of transit stops, routes and
facilities within those cities.
5.03 Public Transportation
D. Role of Federal Partnership
A. Support for Public Transportation NLC urges a continued federal role in public
Mobility is central to individual prosperity,as transportation policy, and strongly opposes
well as to commerce and to the growth of federal actions which would reduce or
communities. Public transportation can eliminate the federal commitment by turning
contribute to the viability of the nation's back the transit program to states,eliminating
cities by helping to reduce congestion, funding eligibility for new fixed rail starts,or
protect the environment, stimulate economic phasing out operating assistance.
development and create employment The federal government should facilitate the
opportunities. Transit investment is in the use of uniform technology in the collection of
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tolls on roads across jurisdictions and G. Procurement Requirements
transportation systems such as vehicle NLC supports federal procurement policies
mounted toll tags or passes and transit tickets that expedite the production and procurement
or passes. of transit vehicles. Alternative bidding
procedures which are better suited to present
E. Labor transit production conditions should be given
With regard to The Fair Labor Standards Act, due consideration. Additionally, NLC
the federal government should not make supports federal performance and equipment
determinations on "traditional and integral" standards that replace the present transit
functions of state and local government design specifications, and that give
without consulting local governments and manufacturers latitude in choosing an
documenting the fiscal impact on state and appropriate technology to meet a specific
local governments. technical objective.
F. Accessibility H. Innovative Transportation
Public transportation is an essential public Technologies and Demonstration
service that provides mobility for all people, Projects for a Seamless
including the disabled, elderly, and Transportation Network
economically disadvantaged, in all places Recognizing the nation's dependency on a
and is not simply for those who can afford to single type of transportation fuel, which has
pay for the service. serious negative impacts on both the
environment and economy, and the need to
NLC supports federal performance standards explore other fuel sources and transportation
that indicate the level of handicapped- alternatives, NLC endorses the use of
accessible service that is to be provided innovative transportation technologies and
without specifying the means for achieving demonstration projects, such as Personal
the service levels. Decisions regarding the Rapid Transit or congestion pricing, that are
specific nature and level of service for specific to the needs and requirements of
citizens with special mobility needs should each city to further enhance mass transit and
be made at the local level,based upon locally transportation efficiency. These
identified needs, goals, and resources. transportation technologies should
complement and work with existing regional
Existing accessible services, where it is technologies to create a seamless, national
demonstrated that such services adequately transportation network.
serve the needs of those with mobility
impairments, should constitute local 5.04 Air Transportation
compliance with federal accessibility NLC advocates federal policy that provides
requirements. Under no circumstances adequate,predictable, and long-term funding
should the federal government impose for airport development projects which
additional accessibility requirements enhance system capacity and ensure aviation
(beyond the performance requirements) on safety.
existing fixed guideway systems, or require
existing bus fleets or rail systems to be However, NLC opposes attempts by the
retrofitted with accessibility equipment. federal government to mandate expansion of
federally-aided airport facilities, or to
otherwise limit the ability of local
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governments to continue to determine the responsible for airport planning and
scope and type of airport facilities needed,or development.
the type of airport use restrictions, including
airport noise or airport access restrictions, 4. Off-Airport User Fees
imposed .in their particular location. Local NLC opposes federal preemption of a local
airport operators and local governments must government's ability to charge off-airport
have the authority to regulate airport use and user fees.
development in order to protect the public
health and safety of surrounding S. Passenger Facilities Charges
communities, to enforce airport uses that are NLC supports local jurisdictions setting
appropriate to the airport's capacity and to passenger facilities charges (PFCs), which
ensure that local transportation, give local airport authorities the flexibility to
environmental (including noise control) and address capacity and to implement major
economic needs are met. capital equipment upgrades, new
technologies, and operational costs. These
A. Funding fees should be raised with inflation in order
1. Airport Trust Fund to maintain their purchasing power to build
The user-generated Airport and Airway Trust and maintain modern airport facilities.
Fund should continue to be used to finance
airport development and improvements. B. Small Communities
Funds from aviation user fees and tax receipts Insufficient service and unreasonably high
should be appropriated and should not fares have left some small communities
accumulate unspent in the Trust Fund. without commercial air transportation
Aviation users should benefit from the service. To address these problems, NLC
aviation-related taxes they pay. recommends the following policies:
2. Federal Airport Improvement Program 1. Essential Air Service Programs
The federal Airport Improvement Program The federal government should maintain
(AIP) should continue to be disbursed to air current funding for the Essential Air Service
carrier airport sponsors through existing (EAS) program and NLC urges Congress to
funding mechanisms.Eligible airports should fully fund the EAS program.
be allowed to compete for discretionary
funds. To promote competition and ensure efficient
use of federal dollars, the USDOT should
NLC supports increased AIP flexibility, hold designated EAS air carriers to existing
including extending AIP eligibility to performance standards.
groundside improvement projects. However,
NLC opposes diversion of AIP funds for 2. Small Community Air Service
federally mandated security projects. Development Program
Projects funded through this program have
3. Block Grants to States the potential to identify a broad variety of
NLC strongly opposes proposals to options to expand and improve service in
restructure the airport grant program for small communities. NLC urges continued
small- and medium-sized airports into a state Congressional support of this program.
block grant program. Local governments and
airports sponsors must continue to be directly
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C. Airport Noise and Pollution vulnerabilities, while considering effects on
The federal government must intensify its passenger convenience.
efforts to provide prompt relief to residents of
cities located close to airports from NLC strongly urges the federal government
unacceptable levels of aircraft noise and to ensure air travel safety through
aircraft pollution. (See clarifications at implementing the screening of commercial
EENR Section 2.09, Noise Control, and CED cargo on passenger planes, improving
Section 3.06, Land Use) passenger and airport employee screening
procedures,expanding traveler programs and
This should be tied to encouraging changes in improving terminal safety requirements.
local zoning regulations to restrict noise NLC also encourages Congress, or the U.S.
sensitive property development. Department of Homeland Security through
the regulatory process, to further strengthen
The Federal Aviation Administration should the "known-shipper" program by improving
require adherence to fly-quiet programs, procedures for monitoring and auditing
preferred runway usage, preferred flight "known-shippers"of cargo.
paths, and local curfews as established by
local governments and authorities. To develop an effective aviation security
policy, Congress must clearly define
NLC encourages the appropriation of funds responsibilities within the structure of the
to cities and towns that adjoin an airport but federal transportation program. The TSA,
do not operate the facility for compatible land FAA, state and local governments, and the
use and noise mitigation planning purposes. US DOT must develop a coordinated plan to
determine the level of authority each agency
D. Federal Role in Air Traffic Control and government entity controls in any
The federal government should provide situation.
funding for and ensure all airports are
participants in a national air navigation Since aviation security is a matter of national
system which provides for safe aircraft defense, any funds necessary to assure
operation such as the conversion of radar security must come from defense funding,
based guidance systems to GPS. not from additional fees levied on passengers.
Shippers could be subject to additional fees
E. Aviation Security for cargo screening. NLC opposes continued
A thorough assessment of the current and diversion of AIP and PFC funds for aviation
potential threat to the air transportation security measures. The federal government
industry is required. The Transportation must reimburse local governments for the
Security Administration(TSA),the FAA and expenses incurred from the mandated local
other aviation experts, in partnership with law enforcement presence at airports.
locally elected officials and law enforcement, Congress should also reimburse costs to
must work cooperatively and take immediate airports accrued from compliance with
action to ensure that the aviation security mandated security upgrades, including
system is capable of responding to specified installation and deployment of Explosive
threat levels. The public interest demands an Detection Systems.
aviation system capable of deploying a mix
of technology and procedures as a unified
system capable of countering all
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F. Unmanned Aircraft Systems the expectation set in the Rail Passengers
Congress and the Federal Aviation Service Act of 1970 (RPSA) for reasonable
Administration must not preempt the cooperation between intercity passenger rail
authority of local governments to create and providers and railroad companies is upheld.
enforce regulations with regard to the use of Adjustments to existing passenger rail
Unmanned Aircraft Systems as it relates to providers and rail service should not be
land use, zoning, privacy trespass, and law subjected to unreasonable compensation
enforcement operations. requests or unjustifiable access delays. The
FRA should utilize its authority to achieve
The Federal Aviation Administration should the intent of the law.
establish a transit zone for privately owned
and commercially operated Unmanned Federal and state governments should require
Aviation Systems that is sufficiently high operator funded local rail safety programs to
enough above ground level that it prevents reduce safety hazards at railroad crossings
disturbances to landowners, while also through rail relocation, sealed quiet zones,
protecting navigable airspace. grade separation, or by other means. To
increase traffic safety at crossings, stricter
5.05 Rail penalties for rail crossing violations should
be imposed.
A. Rail Principles
1. Local Role in the Nation's Rail Planning NLC supports the implementation of positive
Program train control (PTC) systems as an essential
The federal government should require states safety measure on passenger rail lines to limit
to involve local governments in state rail incidents caused by human error.
planning efforts required under federal law to
ensure that local needs and objectives are S. Operations and Maintenance
satisfied. Continued maintenance is the individual
responsibility of the rail owner. NLC urges
2. Financing the federal government to readdress rail track
NLC supports investment in the nation's rail standards for dual freight and intercity
infrastructure and encourages the federal passenger rail uses through appropriate rail
government to enact policies and programs improvements.
that would expand public and private
investment in both passenger and freight rail NLC further urges the federal government to
mobility. redefine the responsibility for funding
mechanisms to maintain tracks that carry
3. Rail Safety both freight and intercity passenger rail
NLC urges the federal government to traffic.
promote safe and efficient passenger and
freight rail transportation and to seek creative 6. Environmental Impacts
solutions. Federal law regulating railroad activity
should not preempt local, state, or federal
4. Ensure Adjustments Do Not Jeopardize environmental review and requirements for
Passenger Services permitting and mitigation of railroad
NLC urges Congress and the Federal activities. The environmental impacts of
Railroad Administration(FRA)to ensure that railway activities and facilities, including
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pollution, poor air quality, land use, feasibility and with local consent.NLC urges
vibration, light pollution, and noise, should Congress to support creation of new high-
not be exempt from local environmental, speed rail.
public health, safety, or welfare-based
regulations. 3. Funding Options for Amtrak and High-
Railroads should be subject to light pollution Speed Rail
and noise constraints. Rail yard lighting NLC supports the development of a long-
standards and types need to be established term funding mechanism for infrastructure
that minimize lighting impact on neighboring acquisitions, improvements, and rights-of-
communities. There is a need for uniformity way and operating costs. In addition to
among the different federal agencies in their appropriations, options include:
policies governing acceptable noise levels. • Increasing the federal funding sources
(See also EENR Section 2.08, Railroad Noise specifically for passenger rail;
Policies) • Directing the diesel fuel tax currently
levied for rail operations and deposited
B. Passenger Rail into the general fund be moved into a
NLC urges Congress and the Administration newly created Trust Fund for rail
to develop a long-range vision and fund for improvements;
passenger rail in the United States. Amtrak, • Allowing state, regional and local
in cooperation with state and local government entities the option to spend a
transportation officials, citizen groups, and portion of their federal transportation
other stakeholders,must develop such a plan allocation on intercity rail; and
as expeditiously as possible. National . Allowing federal and state governments
passenger rail plans should include acquiring to issue tax-exempt or tax-credit bonds
and improving rail lines that would otherwise for financing rail improvements.
be abandoned. NLC urges the
Administration to prioritize the safety review C. Freight Railroads
and approval of the use of information 1. Freight Rail Service
technology and crashworthy vehicles,such as Congress and the public and private sectors
passenger rail cars on low speed urban dual must cooperate to ensure and provide for the
use passenger and freight lines. efficient movement of freight, especially
with regards to the relocation of rail lines and
NLC recommends the following: increased rail traffic within metropolitan
1. Amtrak's Self Sufficiency Requirement areas, which could constitute a safety hazard
NLC urges repeal of Amtrak's statutory self- and disrupt municipal functions.
sufficiency requirement, since no known
passenger rail system operates without 2. Freight Rail Safety
government subsidies. NLC urges Congress to review the following
freight rail safety issues:
2. Development of and Access to a High- . The hazard of reduced crews or lack of
Speed Rail Network current safety technology use undermines
NLC supports the investment in high-speed the safe and efficient movement of trains
rail development as an important part of our and takes away the trained first responder
national transportation network. Networks at rail incidents and accidents.This action
should be developed only after detailed leaves no other person to monitor quickly
analysis of their operational and financial changing circumstances or affirm,
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discuss or point out critical operations be fully considered during rail merger
and safety issues; proceedings.
• The lack of railroad maintenance has • Provide federal financial assistance for
jeopardized safety. The closure of poorly the purpose of converting existing rail
maintained crossings cause congestion on terminals into intermodal/ multimodal
remaining crossings and cause short trips facilities.
to be substantially extended due to poor
road access, putting operators and 4. Rail Mergers
passengers of motor vehicles at a greater Freight rail operations in the United States
risk; and are expanding through rail mergers, often
• The switching and storage of railroad cars resulting in the implementation of new
containing volatile and hazardous routes, or intensified use of existing ones, as
materials in urban and residential well as new and expanded rail yards.
neighborhoods. Because of the potential impact mergers can
have on local municipalities, federal law
3. Rail Line Abandonment should ensure that local governments have
Congress must protect national, state and police, zoning, and land use authority for the
local government interest in alternative protection of the environment and public
public transportation regarding the use of safety.
abandoned rail corridors.
The Surface Transportation Board should be
Congress should: required to consider all aspects of a railroad's
• Specify how the federal government safety record as one of the criteria for
should balance the impact on shippers approving railroad mergers or expansions.
and the community of losing rail service
against the burden upon the railroad of 5.06 Waterways, Ports and
continued service and the potential use of Landside Connections
the corridor for public transportation,
including biking and hiking. Alternative Waterways and ports are an integral part of a
means of freight and passenger comprehensive, intermodal transportation
conveyance should be considered. system vital to our nation's economic
• Require railroads to provide specific security and the financial health of cities.
information concerning traffic trends,
profitability, and rail line conditions to The effects of ports go beyond their
rail users and state and local immediate boundaries. NLC recommends
governments six months prior to the that the federal government consider the
filing of the abandonment application. following funding and public safety issues
• Require a railroad to transfer an related to ports:
abandoned rail corridor to a state or local
agency for no more than the A. Funding for Harbor Maintenance and
constitutional minimum valuation, for Dredging to Increase Capacity
alternative public uses including walking Recognizing the importance of ports and
and biking, and public-private their impact on the national economy and job
transportation initiatives. Public interest creation, NLC supports funding for harbor
in alternative use of rights-of-way should maintenance and funding for dredging to
maintain or increase capacity. NLC urges
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Congress to recommend a defined revenue . Increase funding for waterways and port
source for this purpose and provide support security;
for development of environmentally friendly • Allow locally elected officials to
ship channel shoreline systems. NLC further coordinate waterway and port security at
calls on Congress to provide financial and the local level, in conjunction with the
technical assistance to communities and their U.S. Coast Guard and other affected
watershed partners to promote innovative federal agencies;
approaches for the construction and . Continue to provide technical guidance
maintenance of shorelines in the vicinity of and oversight for port vulnerability
federally maintained navigable waters. assessments, entrusting one federal
agency with this responsibility;
I
B. • Require screening and background
Dand�Transportation to-In and Out of checks of port personnel;
Ports . Establish a grant program for ports to
NLC expects the federal government to assist acquire new security technology;
local and state government agencies in . Increase inspections on cargo containers,
providing the needed financial resources to through the U.S. Customs Service, and
support the landside infrastructure in and provide additional funding and
around ports required to operate an efficient equipment to Customs to monitor cargo
intermodal system and to support efficient without slowing the movement of
port operations including commuter
commerce;
transportation at port facilities such as ferries. . Establish criteria for identifying high risk
containers;
C. Operations Funding to Implement the , pre-screen containers, according to
Transfer of Cargo to Portside
Distribution international agreements, before
NLC supports the design and implementation shipment; and
0 Develop and require the use of containers
of equitable waterway commercial user fees
and customs duties necessary to generate that are resistant to tampering.
sufficient revenues to finance waterway and Port security measures should be funded
port operations and improvements.
through national defense programs and
D. Security general fund revenues,not through increased
Because cargo containers are distributed user fees.
throughout the country, any dangerous cargo E. Funding for Maintenance of Inland
in a particular container could pose a threat to
any city in the nation. Greater security can be Waterways and Locks
Recognizing the importance of inland
achieved by establishing partnerships with
industry and foreign ports to encourage Waterways as well as locks and their impact
increased security in their supply chains and on the national economy and local
the federal government should continue to economies, NLC supports sufficient funding
establish such partnerships as quickly as for inland waterways infrastructure, fully
possible. To reduce cities' vulnerability from funding the Inland Waterways Trust Fund.
cargo containers, NLC recommends that the
federal government: 5.07 Pipelines
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The system of gaseous and liquid pipelines is enforce such advances to reduce pipeline
an important component of an efficient failures
transportation network for moving hazardous • Require Study implementation of new
material. Our nation's pipelines keep technologies to detect pipeline releases,
portions of these hazardous materials off of especially transmission pipeline
our roads, waterways, and rail lines, making ruptures;
those modes of transportation safer for all • Impose equivalent safety standards,
users. where appropriate, for both liquid fuel
and natural gas pipelines;
Unremitting attention to the safety of this • Require pipeline operators to report all
system is vital to cities, due to the hazardous liquid spills to the Office of Pipeline
nature of these materials, the proximity of Safety and affected jurisdictions, except
many pipelines to homes and businesses, and those spills truly de minimis in nature;
the potential environmental impacts of any • Require pipeline operators to disclose to
failure in the system. local and state authorities the results of
all pipeline inspections;
To improve the safety of the system, the • Require the Office of Pipeline Safety to
federal government, through the PHMSA work with local emergency response
Office of Pipeline Safety(OPS),must: providers to develop preparedness and
• Continue to allow states the flexibility to response plans, and to provide
impose safety requirements beyond appropriate funding, including grants, to
federal requirements, and extend the local jurisdictions to implement such
right to enforce those safety requirements plans;
re states that have imposed such • Recognize the right of local governments
requirements; through franchise provisions to require
• Develop standards for periodic testing of pipeline operators to 1)provide to local
pipelines and periodic hydrostatic tests; governments the data and results from
• Further refine and advance the definition internal and external pipeline
of High Consequence Area, or HCA, to assessments along with a description of
assure the definitions appropriately the testing methods to allow for their
capture "environmentally sensitive analysis of the potential risks to public
areas" and "high density population safety; 2)require pipeline operators to
areas"which would be severely impacted cooperate with local governments in
if a failure in a pipeline were to occur; emergency preparedness and response
and and 3)require pipeline operators to have
• Strengthen rules regarding pipeline state of the art safety,warning, detection
operation, maintenance, and public and emergency response capabilities to
reporting. protect cities and their citizens and to
mitigate potential damages from an
To reach the goals stated above, NLC accident;
recommends that the federal government: • Require pipeline operators to provide
• Require formal testing and certification data to the National Pipeline Mapping
of pipeline operators; system administered by OPS and make
• Promulgate needed regulatory this data available to local jurisdictions;
improvements in transmission pipeline
integrity management approaches and
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• Require periodic management audits of
pipeline companies to assure compliance
with the foregoing;
• Provide enhanced funding to federal
agencies and states charged with the
implementation and oversight of pipeline
safety laws and regulations; and
• Require pipeline operators to provide for
anti-tampering devices and surveillance
systems to protect pipelines from
criminal activity, including terrorist
attacks to deny service, and drug cartel
use of the pipelines for drug deliveries.
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NLC RESOLUTION#27
PROTECTING CITIES AND TOWNS FROM RAIL DISASTERS INVOLVING
HAZARDOUS MATERIALS
WHEREAS,new technologies have resulted in the development of unprecedented amounts of
both domestic and foreign oil,natural gas, tar sands,bitumen, and other petroleum products and
derivatives,which, in turn is expected to significantly increase the volume of petroleum products
transported across the nation by land and waterbodies; and
WHEREAS,the U.S. Department of Transportation(DOT)Pipeline and Hazardous Materials
Safety Administration has determined that crude oil originating in the Bakken formation is more
flammable than traditional crude oil; and
WHEREAS,in many instances,the rail lines that carry hazardous material, such as crude oil and
ethanol, as well as other hazardous explosives, compressed gases, flammable liquids and solids,
oxidizers and organic peroxides, toxic materials,radioactive material, and corrosive material',run
through and by city neighborhoods, schools,parks,business and industrial areas, and along
waterfronts, creeks,wetlands and other sensitive natural areas; and
WHEREAS, state and local emergency managers may not have the necessary, accurate or timely
information on the materials transported through their communities or the resources to adequately
respond to an emergency; and
WHEREAS,local governments are concerned about the potential impacts on public safety,
infrastructure, drinking water supplies, and resulting economic disruptions from possible
derailments and spills of hazardous materials as trains run through their communities and
surrounding areas, as well as the direct and indirect costs associated with response and recovery
from a derailment and spill; and
WHEREAS,there have been a number of significant rail accidents involving hazardous materials
causing tragic impacts on the affected communities,including instances such as a train carrying
ethanol that derailed outside Rockford, Illinois on June 20,2009 killing one person; a train
carrying crude oil that derailed in Lac Megantic, Quebec on July 6, 2013 killing 47 people; a train
carrying crude oil that derailed on December 30, 2013,in Casselton,North Dakota causing
violent explosions and a hazardous plume of smoke; and a train carrying crude oil that derailed in
Lynchburg,Virginia on April 30, 2014; and these incidences continue to pose an ongoing threat
to cities across America; and
WHEREAS,it is the responsibility of federal regulators to assure that the transport of hazardous
materials does not pose a significant threat to the public safety and welfare, and to ensure there
are staff crew redundancies even with the rollout of new technologies like positive train control;
and
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WHEREAS,DOT analysis concluded that many freight railroad insurance policies are not likely
sufficient to cover damages resulting from a moderate to severe train accident involving
hazardous materials 2; and
WHEREAS,the National Transportation Safety Board has advised industry and regulators since
1991 that the DOT-111 tank car that is used as the primary packaging for the shipment of
hazardous materials is unusually prone to puncture in rail accidents and derailments; and
WHEREAS,DOT has initiated a rulemaking process to improve the safe transportation of large
quantities of flammable and hazardous materials,including enhanced tank car standards,reduced
operating speeds, and emergency response notification.
NOW,THEREFORE,BE IT RESOLVED that the National League of Cities (NLC)urges
Congress and the Administration to create clear, forward-looking, and comprehensive regulations
to improve the safety of rail transport of hazardous materials so as to assure the public that its
safety is not being unduly threatened by this transport; and
BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to create
regulations for tracking chemical composition of transported flammable and hazardous materials
and liquids so that local governments and emergency managers can better understand and plan for
the risks associated with the specific types of hazardous materials traveling on rail lines through
their communities; and
BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to develop an
appropriate mechanism for rail transporters and product shippers/importers to provide, in the
event of an incident, state and local emergency managers with accurate and immediate
information,using available technology, such as radio frequency tags,regarding the identity and
location of all hazardous materials on a train; and
BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to require rail
transporters and product shippers/importers to prepare and fund an emergency response assistance
plan for their products and routes, in consultation with states and local governments,to ensure
sufficient emergency response supplies, equipment,personnel and resources are available for
rapid response assistance on rail lines that serve as routes for hazardous materials; and
BE IT FURTHER RESOLVED that NLC urges Congress and the Administration to require all
rail transporters and product shippers/importers of hazardous materials to maintain sufficient
liability coverage for moderate to severe accidents and to provide the community with financial
assistance on the response through final clean up in a timely manner; and
BE IT FURTHER RESOLVED that NLC urges the federal government to develop and
implement new regulations improving federal tank car design, operation requirements and rail
infrastructure, including the phase-out of older-model tank cars used to transport hazardous
materials on an aggressive timetable and a prohibition on introducing Canadian-banned railcars in
the U.S.; and
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BE IT FURTHER RESOLVED that NLC urges the federal government to require railroad
companies to use alternative routes,if available,when transporting hazardous materials through
or near major population centers.
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NLC RESOLUTION#28
MODIFY FEDERAL RAILROAD ADMINISTRATION'S TRAIN HORN NOISE RULE
FOR SAFE IMPLEMENTATION OF RAILROAD QUIET ZONES
WHEREAS,the Federal Railroad Administration's (FRA) Train Horn Rule requires that
locomotive horns be sounded at public highway-rail grade crossings and preempts state and local
train whistle bans, and
WHEREAS,FRA rules for establishing a quiet zone seek a balance between safety for motorists,
rail employees and passengers at public highway-rail grade crossings; and
WHEREAS,the process for establishing a quiet zone involves an agreement between state and
local authorities,the railroad and the federal government; and
WHEREAS, establishment of a quiet zone is costly for a community; and
WHEREAS, communities have different circumstances for establishing a quiet zone.
NOW,THEREFORE,BE IT RESOLVED,that the National League of Cities calls on FRA
and the U.S. Congress to finalize the Retrospective that was initiated by the FRA in March 2016
and initiate new rulemaking on the Train Horn Rule to decrease barrier for local communities in
establishing quiet zones while ensuring safety at highway-rail grade crossings; and
BE IT FURTHER RESOLVED,that FRA determine how local communities can implement
quiet zones that are less burdensome and allow for differences in community circumstances while
continuing to protect public safety; and
BE IT FURTHER RESOLVED,that Congress provide federal funds for the express purpose of
establishing quiet zones; and
BE IT FURTHER RESOLVED,that FRA considers new and emerging technologies which may
enhance the safety of quiet zone.
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NLC RESOLUTION#29
REBUILD AMERICA'S INFRASTRUCTURE WITH CITIES AND FIX THE BROKEN
TRUST FUND FOR TRANSPORTATION
WHEREAS,the National League of Cities (NLC)has called on Congress and the Administration
to REBUILD WITH US by partnering with cities to rebuild and reimagine America's
infrastructure; and
WHEREAS,the economic well-being of our cities is dependent on a safe and efficient multi-
modal network of roads,bridges,transit,rail,ports, sidewalks, and bike paths; and
I WHEREAS, according to the NLC State of the Cities 2 018-2019 report, economic development
and infrastructure were continue to be the top priorities of city leaders; and
WHEREAS,failing to step up efforts to fix America's poor infrastructure is costing each
American$3,400 per year; and
WHEREAS,the Highway Trust Fund(Trust Fund)was created to provide dedicated, consistent
federal funding for the highway and mass transit accounts,which together fund the majority of
federal surface transportation programs; and
WHEREAS,the primary method of revenue generation for the Trust Fund is the federal fuel tax
of 18.4 cents per gallon on gasoline and 24.4 cents per gallon of diesel fuel, and has not been
changed since 1993; and
WHEREAS,the Congressional Budget Office projects that the Trust Fund will exceed revenues
by 2021 without Congressional action; and
WHEREAS,Congress has relied on non-transportation related funding patches and bailouts from
the general fund,which will total more than$100 billion by 2020; and
WHEREAS,the current long-term transportation authorization,the Fixing Americas Surface
Transportation(FAST)Act of 2016 will expire i fiscal year-in September of 2020; and
WHEREAS, the Congressional Budget Office projects that the Trust Fund will exceed revenues
by 2021 without Congressional action; and
WHEREAS,while federal funding dwindles,local governments who are prioritizing innovation,
performance, safety and congestion relief with citizen's clear support and continuing to do their
part to maintain 78 percent of the nation's road miles, 50 percent of the nation's bridges and
operate the majority the nation's transit systems; and
WHEREAS, federal lawmakers should support rather than hamper state and local efforts to raise
necessary infrastructure funding in a manner that best serves their citizens and economies; and
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WHEREAS,the lack of sufficient revenue into the Trust Fund and continued uncertainty of
federal funding for long-term infrastructure projects creates unnecessary additional administrative
costs; and burdens on locals.
NOW,THEREFORE,BE IT RESOLVED the NLC urges Congress and the President to
prioritize infrastructure and follow through on implementing a long-term funding solution to keep
the Trust Fund solvent and ensure federal funding certainty for local partners; and
BE IT FURTHER RESOLVED that the President and Congress should increase the federal fuel
tax or implement a similar fee,indexed to inflation and the corporate average fuel economy
(CAFE) standards to ensure the near-term viability of the Trust Fund, and begin steps to
implement long-term solutions such as a mileage-based user fee; and
BE IT FURTHER RESOLVED that NLC continues to support a long term comprehensive
national transportation plan and funding that would:
• Include local governments,who are closest to their citizens, as stakeholders in decision
making on all transportation programs that impact their communities; and
• Ensure the role of local governments in statewide and regional planning is increased as the
nation's transportation system becomes more multimodal and integrated; and
• Increase the overall funding directly available to local governments such as an increase in
the suballocated share of the Surface Transportation Block Grant Program(STBGP) and
Transportation Alternatives set aside under the STBGP currently available for local
decision-making and developing sharing opportunities with local decision makers within
other federal programs; and
• Create and expand revenue-generating mechanisms that are developed collaboratively by
federal, state, and local governments,reflect the true cost to the infrastructure of every mode
of transportation, and utilize new methods of revenue generation; and
• Increase investment in and maintenance of historically supported and emerging
transportation modes including regional and intercity rail connections, safe biking and
walking infrastructure,transit of all forms including autonomous vehicles and modern
buses; and
• Continue to move toward a performance-based transportation structure where local
governments can decide the right mix of transportation options that achieve the best results
for their citizens and their goals for economic development, sustainability, safety,
innovation, equity, and regional connectivity; and
• Integrate and sustain the highway,rail, air, and port freight systems of the North American
trade bloc to enable the U.S. to remain a competitive economy and to connect urban and
rural communities to each other and to the global economy; and,
• Recognize the essential connections between transportation and land use planning,housing,
energy,the economy,public health and the environment; and
• Support affordable public transportation systems of all sizes and modes as well as ensure
that U.S. wages keep up with costs of providing transportation services and living costs; and
• Advances Vision Zero goals for safety across all modes of transportation and utilizes safety
as a criteria for prioritizing investments; and
• Increase the transparency of the federal regulatory processes for both localities and the
general public and streamline federal processes that are duplicative or do not provide
additional benefits.
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NLC RESOLUTION#30
CITIES INCORPORATE DRONES AS AN EMERGING TRANSPORTATION
INNOVATION
WHEREAS, cities are incorporating the innovation and potential for the safe and effective
integration of Unmanned Aircraft Systems (UAS or drones)into our cities' transportation
ecosystems; and
WHEREAS, drones continue to be seen by industry and government as an effective tool that can
be leveraged into existing transportation systems in the sky and on the ground that will be
operating in municipalities; and
WHEREAS,Congress has reinforced their support for the Federal Aviation Administration
(FAA)Drone Integration Pilot Program in the five-year reauthorization of the FAA and provided
cities certainty that they can continue to advance pilots and extended the use cases for drones in
partnership with the FAA; and
WHEREAS,currently there are more drone registrations by the FAA than manned aircraft; and
WHEREAS,cities will continue to use their existing authorities of land use,zoning,privacy,
trespass, and law enforcement operations to seamlessly integrate and optimize drone operations;
and
WHEREAS,cities have seen the potential of drones to perform valuable tasks for both industry
and cities that range from assisting with search and rescue, fighting wildfires, inspecting
infrastructure and responding to emergencies to expediting medical shipments,providing images
for construction,real estate and weather; and perhaps more significantly reducing congestion
during peak times and reducing wear and tear on the nation's roads; and
WHEREAS,cities' law enforcement professionals are viewed by the U.S. Department of
Transportation, FAA and U.S. Department of Homeland Security(DHS) as the primary
emergency response for improper and dangerous uses of drones yet unlike DOJ and DHS,they is
no provision in the FAA reauthorization for piloting or engaging local law enforcement in
counterdrone operations.
NOW,THEREFORE,BE IT RESOLVED,the integration of drones into cities' skies must be
a partnership among communities,their citizens, drone operators,researchers and the FAA to be
effective in integrating these new flyers into the low altitude airspace; and
BE IT FURTHER RESOLVED,NLC urges Congress and the Administration to respect and
uphold local authority over land use, zoning,privacy and law enforcement operations as they
relate to the effective operations and integration of drones in any rulemaking, legislative action,
or executive order; and
BE IT FURTHER RESOLVED,the FAA should continue to bring various stakeholders
together through the Drone Advisory Committee comprised of technology, commerce, and
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transportation companies in addition to government stakeholders in order to provide relevant and
timely recommendations to the FAA related to fulfilling the directives of Congress through the
FAA Reauthorization Act of 2018 and continue piloting of integration of drones into the national
airspace; and
BE IT FURTHER RESOLVED,the DHS should consult directly with local and state
governments in the testing and preparation of counterdrone technology; and
BE IT FURTHER RESOLVED, cities are willing and able to assist in the development of
effective federal, state and local laws and regulations that appropriately balance the desires of
citizens,the needs of industry, and the promise of new technologies.
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PROPOSED:
NLC RESOLUTION#XX
REDUCE THE ECONOMIC,NOISE AND HEALTH IMPACTS OF THE IMPLEMENTATION OF NEXTGEN'S
AIRSPACE REDESIGN AND PROTECT THE PUBLIC AGAINST NEXTGEN-RELATED IMPACTS
WHEREAS,exclusive jurisdiction over the airspace of the United States resides with the Federal Aviation
Administration (FAA),which is implementing both a National Airspace Redesign (a multi-year initiative
to review, redesign,and restructure the nation's airspace to meet the rapidly changing and increasing
demands on the National Airspace System)and an Air Traffic Control System upgrade named NextGen;
and
WHEREAS,the NextGen System allows the closer spacing both vertical and horizontal of aircraft during
landing and takeoff, and brings planes low and directly over residential neighborhoods;and
WHEREAS, in some states,the FAA did not conduct Environmental Impact Studies that use a noise
standard that accurately reflects the impact of NextGen routing over residential communities;and
WHEREAS,the U.S. Environmental Protection Agency's (EPA) Noise Control Act and the Clean Air Act
Title IV-Noise Pollution, indicate that aircraft and turboiet engines are a source of noise whose sound
levels may have adverse effects;and
WHEREAS, problems related to noise include stress-related illnesses high blood pressure speech
interference, hearing loss,sleep disruption and lost productivity; and
WHEREAS,frequent low flying aircraft pose a serious danger to and also adversely impact economic
development, property values,and the Quality of Life of residents;
NOW,THEREFORE,BE IT RESOLVED,that the National League of Cities(NLC) urges Congress and the
FAA to reduce the economic, noise and health impacts of the implementation of NextGen's Airspace
Redesign and protect the public against NextGen-related impacts which include more concentrated
flight paths at increased frequency and at lower altitudes over residential areas of the U.S.;and
BE IT FURTHER RESOLVED that the NLC supports:
• FAA's goals of aircraft safety and security, and the full funding and implementation in a timely
fashion, of the current FAA Reauthorization Act,which includes the following maior provision
among others: "mandates that the ongoing study of alternative noise measurements to the
current 65 decibel day-night average sound level (DNL) measurements be completed within one
year(Section 173)"; and,
• Immediate utilization of alternative single-event noise metrics which are better suited to
analyzing noise impacts over affected communities; and
• Acceleration of funding to NASA for research and development(R&D)to address aviation noise
at its source—aircraft engines and airframes; and
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• Continued vigilance to ensure that Congress and FAA take additional steps to reduce aircraft
noise and enhance the quality of life for residents and citizens affected by overflights.
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PROPOSED:
NLC RESOLUTION XXX
SUPPORT THE MOBILITY REVOLUTION WITH ADOPTION OF AN OPEN
SOURCE PLATFORM FOR CITIES' PUBLIC RIGHT-OF-WAY MANAGEMENT
WHEREAS, cities have a responsibility and well-established authority to manage the movement
of vehicles in the public realm to increase safety, promote commerce relieve congestion and
improve qualily of life, and
WHEREAS,the federal government support for infrastructure including technology and
management investments has fallen behind the national needs and demands,• and
WHEREAS,that management has long been implemented through static tools such as road
signs, road striping,painting of curbs, driver education and more dynamic tools such as street
lights, traffic enforcement, emergency vehicle signaling and road closures-, and
WHEREAS, the variety of vehicles using the public right-of-way is dramatically increasing and
includes shared scooters, shared bikes, autonomous vehicles and soon autonomous aerial
delivery vehicles; and
WHEREAS, the overall number of vehicles in cities is dramatically increasing as well because
of the Ropularity of on-demand delivery, ride sharing and other innovations; and
WHEREAS, if managed well this evolving transportation landscape can provide convenience
new business opportunities, emission reductions and personal financial savings-, and
WHEREAS, if managed poorly, this new landscape can lead to increased congestion safety
concerns, and overloading of sidewalks and curbs, and
WHEREAS, cities must interact with these new mobility providers to help ensure the benefits
are accessible and distributed equitably and at the same time manage the challenges of
preserving exceptional quality-of-life and safety and
WHEREAS,while private companies increasingly guide citizens with navigation applications
there is a need for cities to retain the authoritative version of their streets particularly during
emergencies and events: and
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WHEREAS,this new landscape requires the implementation of both new static and dynamic
tools to enable cities to carryout their authority to manage the movement of vehicles in theup blic
realm; and
WHEREAS, new software technologies and tools have become and are becoming available to
digitally administer this complex new transportation landscape; and
WHEREAS,privacy is a critical component of any future mobility management solution and
must be thougUfully designed and embedded within the technology so that cities can elevate
individual privacy while preserving theoag is of public transparency and appropriate access to
data,
NOW,THEREFORE,BE IT RESOLVED,that the National League of Cities supports the
development and broad de llooyment of effective, open-source mobility platforms such as the
Mobilily Data Specification, that allow cities to fulfill their multiple responsibilities for safety,
managing congestion,promoting commerce and improvinggL uality of life,• and
BE IT FURTHER RESOLVED,that the development and deployment of such platforms be led
by cities, in partnership with private and non-profit entities to meet residents needs and
establishes essential checks-and-balances to develop solutions for the common mobility
challenges that all cities of all sizes face.
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61 of 61i
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