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Legislative Correspondence_Omnibus Bill_SF 226_HF 160Office of the Mayor & City Council THE CITY OF Dubuque City Hall „~-'', i 50 West 13~ Street ~~~ ~ ; ~ ~ Dubuque, IA 52001-4864 www.cityofdubuque.org I I~ Masterpiece on the Mississippi Zoos March 12, 2009 The Honorable Tom Harkin United State Senate 731 Hart Senate Office Building Washington, DC 20510 Dear Senator Harkin, On behalf of the citizens of the City of Dubuque and my City Council colleagues please accept our most sincere thanks for the work you have done and continue to do for the people of Dubuque, Iowa. This week's vote by Congress to pass the FY09 Federal Omnibus bill provides for additional dollars to be directed to our number one priority -the Southwest Arterial. This project continues to be the top priority of our Council, the Dubuque County Board of Supervisors, the Dubuque Area Chamber of Commerce, Greater Dubuque Development Corporation and ECIA. In our work to advance this project over the past ten years, you stand out as Dubuque's champion, identifying and securing millions of dollars towards this essential transportation artery. We continue to be indebted to you and we cannot thank you enough. Several weeks ago, Mike Blouin of Greater Dubuque Development Corporation and Teri Goodmann, Assistant City Manager of Dubuque for Government Relations met with Secretary of Transportation Ray La Hood to discuss the SW Arterial project and to inform him of our intention to submit a competitive grant to the $1.5 billion federal transportation stimulus fund to match the dollars you have secured. Secretary La Hood's son attended Loras College and he is very familiar with Dubuque. He agreed that there is a real need for this arterial and he described the challenges of driving into and through Dubuque. Hopefully, we will be successful securing a stimulus grant to match federal dollars you have identified for Dubuque which would then enable us to pave two lanes and build the interchanges at Highway 20 and Highways 151/61. In addition to the funding for the SW Arterial, we are grateful for your efforts to secure funding for the site location and preliminary design of the Intermodal Transportation facility to be built at the Port of Dubuque. This facility will serve visitors to the Port as they explore many modes of transportation whether that is auto, bus or cab or even excursion boat options for an experience on the Mississippi River! We are working diligently with your staff and our tri- state neighbors in Wisconsin and Illinois to return passenger rail to Iowa and this new facility will also be constructed with a platform and ticketing facilities for Amtrak. Senator Harkin, all these successes are tangible sign of your leadership and service to the State of Iowa and Dubuque. Please know that we are tremendously grateful for your support and the dedicated work of your staff to make our community a Masterpiece on the Mississippi. And we remain ready to assist you in any way we can. Sincerely, Roy D. Buol Mayor THE CTTY OF Dubuque DUB E i"` i I I~ Masterpiece on the Mississippi Zoos March 12, 2009 The Honorable Bruce Braley House of Representatives 1019 Longworth House Office Building Washington, D.C. 20515 Dear Congressman Braley, Office of the Mayor & City Council City Hall 50 West 13~ Street Dubuque,IA 52001-4864 www.cityofdubuque.org On behalf of the citizens of Dubuque and my City Council colleagues, please accept our most sincere thanks for the work you have done and continue to do for the people of Dubuque, Iowa. This week's vote by Congress to pass the FY09 Federal Omnibus bill provides for additional dollars to be directed to our number one priority -the Southwest Arterial. This project continues to be the top priority of our Council, the Dubuque County Board of Supervisors, the Dubuque Area Chamber of Commerce, Greater Dubuque Development Corporation and ECIA. We are very grateful for your support of this bill and particularly thankful for your success in identifying $950,000 for the SW Arterial and $237,000 for the Intermodal Transportation facility. Congressman, you have made a huge difference for Dubuque in your few years in Congress. Thank you! Several weeks ago, Mike Blouin of Greater Dubuque Development Corporation and Teri Goodmann, Assistant City Manager of Dubuque for Government Relations, met with Secretary of Transportation Ray La Hood to discuss the SW Arterial project and to inform him of our intention to submit a competitive grant to the $1.5 billion federal transportation stimulus fund to match the dollars you have secured. Secretary La Hood's son attended Loras College and he is very familiar with Dubuque. He agreed that there is a real need for this arterial and he described the challenges of driving into and through Dubuque. Hopefully, we will be successful securing a stimulus grant to match federal dollars you have identified for Dubuque which would then enable us to complete the paving of two lanes and build the interchanges at Highway 20 and Highways 151/61. In addition to the funding for the SW Arterial, we are grateful for your efforts to secure funding for the site location and preliminary design of the Intermodal Transportation facility to be built at the Port of Dubuque. This facility will serve residents and visitors to the Port as they explore many modes of transportation, whether auto, bus, cab or even excursion boat options for an experience on the Mississippi River! We are working diligently with your staff and our tri-state neighbors in Wisconsin and Illinois to return passenger rail to Iowa and this new facility will also be constructed with a platform and ticketing facilities for Amtrak. Congressman Braley, Dubuque's successes are tangible signs of your support. Our partnership with you is key to future developments. Please know that we are tremendously grateful for your support and the dedicated work of your staff to make our community a Masterpiece on the Mississippi. And we remain ready to assist you in any way we can. Sincerely, Roy D. Buol Mayor March 27, 2009 «CompleteOFFICIALName Address» Dear Representative «Last»: Senate File 226 presumes that certain cancers and infectious diseases are diseases contracted while on active duty as a firefighter or police officer. I urge you to oppose this legislation. Chapter 411 of the Code of Iowa provides for full pay and benefits to firefighters and police officers who incur a job related illness or injury. City tax payers are also responsible for paying 100% of the medical costs related to the treatment of a job related illness or injury. Chapter 411 of the Code of Iowa already provides that heart disease or any disease of the lungs or respiratory tract is presumed to have been contracted while on active duty. The current law is comprehensive and does not warrant being expanded to include certain cancers or infectious diseases as a job related presumption. Under the current law if a particular cancer or infectious disease can be related to the work performed by a firefighter or police officer, benefits will be provided. Unless and until there is medical evidence that establishes a causal relationship between a particular form of cancer or infectious disease and firefighting and law enforcement activities, this legislation should not be enacted. Thank you for your consideration. Sincerely, Michael C. Van Milligen City Manager MCVM:rp The Honorable Pat Murphy Speaker of the House Iowa State Representative 155 N. Grandview Avenue Dubuque, (A 52001 The Honorable Thomas Schueller Iowa State Representative 503 W. Platt Street Maquoketa, IA 52060 The Honorable Ray Zirkelbach Iowa State Representative 637 W. First Street Monticello, IA 52310 The Honorable Chuck Isenhart Iowa State Representative P.O. Box 3353 Dubuque, IA 52004-3353 The Honorable Steven Lukan Iowa State Representative 7365 Columbus Street New Vienna IA 52065 March 31, 2009 «CompleteOFFICIALName Address» Re: Annexation Bill -House File 160 Dear «Title» «Last»: We understand that House file 160 will not be considered further this year, but we would like to offer the following information in case this is considered in a future year. With some voluntary annexations, a City may need to annex some properties without the property owners' consent to create more uniform boundaries or avoid creating an "island" of unincorporated land in the County. State law allows a voluntary annexation to include property without the consent of the owner to avoid creating an island or to create more uniform boundaries. This property must not exceed 20% of the total land area included in the annexation request. These are called "80/20" annexations because at least 80% of the land is to be annexed voluntarily, and up to 20% is to be annexed without the owner's consent. If the City Council approves any voluntary annexation that includes non-consenting owners, then the 80/20 annexation request is sent to the City Development Board. The Board then will schedule a public hearing in Dubuque for all the affected property owners and the County. The Board must approve this type of annexation request by a 4/5 vote of the members. The public hearings of the City Council and the City Development Board are open meetings. Comments can be submitted in writing at or before the meeting, and verbally at the meeting. Property owners are provided opportunity to be heard. In Dubuque's two most recent voluntary annexations in which we had to include owners without their consent, we did so for the two reasons allowed under State law: to avoid creating an island and to create more uniform boundaries. «Title» «First» « Last» March 30, 2009 Page 2 In each case, we had voluntary applications from the owners of hundreds of acres that we would not have been able to submit to the City Development Board for consideration without the "80/20" provision. Both annexations were on the City's west side along Middle Road, a County secondary road. With these large acreages, the boundaries of the annexation areas were not uniform. The City of Dubuque considered annexing additional properties, without the property owners' consent if necessary, to: 1) create more uniform boundaries for provision of City services, and 2) avoid creating an "island" between Dubuque and Asbury. Inclusion of non-consenting owners allowed the City of Dubuque to have jurisdiction on both sides of Middle Road, facilitating street maintenance and snow and ice control. The current annexation law provides a balance between non-consenting owners and voluntary applicants, and the needs of the community, based on the amount of land area involved. Furthermore, a 4/5 majority vote is required by the City Development Board for approval of "80/20" voluntary annexations. The current code ensures that the minority view of the 20% non-consenting owners is heard and carries weight. The proposed changes in House File 160 would make voluntary annexations extremely difficult. I would hope that you would oppose the change from 20% of the land to 20% of the owners. Please contact me if you have questions or would like to discuss this matter further. Thank you. Sincerely, Michael C. Van Milligen City Manager MCVM:Ic The Honorable Pat Murphy Speaker of the House Iowa State Representative 155 N. Grandview Avenue Dubuque,lA 52001 The Honorable Tom Hancock Iowa State Senator 310 E. Main Street Epworth, IA, 52045 The Honorable Thomas Schueller Iowa State Representative 503 W. Platt Street Maquoketa, IA 52060 The Honorable Ray Zirkelbach Iowa State Representative 637 W. First Street Monticello, IA 52310 The Honorable Pam Jochum Iowa State Senator 2368 Jackson Dubuque,lA 52001 The Honorable Roger Stewart Iowa State Senator 3936 317 Avenue Preston, IA 52069 The Honorable Steven Lukan Iowa State Representative 7365 Columbus Street New Vienna IA 52065 City Manager's Office City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4110 phone (563) 589-4149 fax (563) 690-6678 TDD ctymgrC~?cityofdubuque.org March 30, 2009 The Honorable Chuck Isenhart Iowa State Representative P.O. Box 3353 Dubuque, IA 52004-3353 Re: Annexation Bill -House File 160 Dear Representative Isenhart: THE CITY OF ~ / ...~, Thank you for forwarding House File 160 for our review and input concerning the implications this proposed legislation would have on current and future annexations. We understand that House file 160 will not be considered further this year, but we would like to offer the following information in case this is considered in a future year. With some voluntary annexations, a City may need to annex some properties without the property owners' consent to create more uniform boundaries or avoid creating an "island" of unincorporated land in the County. State law allows a voluntary annexation to include property without the consent of the owner to avoid creating an island or to create more uniform boundaries. This property must not exceed 20% of the total land area included in the annexation request. These are called "80/20" annexations because at least 80% of the land is to be annexed voluntarily, and up to 20% is to be annexed without the owner's consent. If the City Council approves any voluntary annexation that includes non-consenting owners, then the 80/20 annexation request is sent to~the City Development Board. The Board then will schedule a public hearing in Dubuque for all the affected property owners and the County. The Board must approve this type of annexation request by a 4/5 vote of the members. The public hearings of the City Council and the City Development Board are open meetings. Comments can be submitted in writing at or before the meeting, and verbally at the meeting. Property owners are provided opportunity to be heard. Service People Litegrity Responsibility Innovation Teanlwork The Honorable Chuck Isenhart March 30, 2009 Page 2 In Dubuque's two most recent voluntary annexations in which we had to include owners without their consent, we did so for the two reasons allowed under State law: to avoid creating an island and to create more uniform boundaries. In each case, we had voluntary applications from the owners of hundreds of acres that we would not have been able to submit to the City Development Board for consideration without the "80/20" provision. Both annexations were on the City's west side along Middle Road, a County secondary road. With these large acreages, the boundaries of the annexation areas were not uniform. The City of Dubuque considered annexing additional properties, without the property owners' consent if necessary, to: 1) create more uniform boundaries for provision of City services, and 2) avoid creating an "island" between Dubuque and Asbury. Inclusion of non-consenting owners allowed the City of Dubuque to have jurisdiction on both sides of Middle Road, facilitating street maintenance and snow and ice control. The current annexation law provides a balance between non-consenting owners and voluntary applicants, and the needs of the community, based on the amount of land area involved. Furthermore, a 4/5 majority vote is required by the City Development Board for approval of "80/20" voluntary annexations. The current code ensures that the minority view of the 20% non-consenting owners is heard and carries weight. The proposed changes in House File 160 would make voluntary annexations extremely difficult. I would hope that you would oppose the change from 20% of the land to 20% of the owners. Please contact me if you have questions or would like to discuss this matter further. Thank you. Sincerely, n ~., Michael C. Van Milligen City Manager MCVM:Ic