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3 5 14 City Council Proceedings Official_SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 5, 2014 in the Historic Federal Building, 350 W. 6tn Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PRESENTATION 1. City Manager reviewed a handout that highlighted information on the City Council's goals and priorities, Dubuque's economic history, Sustainable Dubuque, city statutory debt limit, Dubuque's ranking among Iowa's 10 largest cities, outcomes in terms of job growth, wages and income, Average Uniform Crime Report, utility user fees and rates, city portion of property taxes, and refuse/trash collection data. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. Jule Transit System Proposed Fare Increase: Proof of publication on notice of pub- lic hearing to consider a fixed -route and paratransit fare increase for the Jule Transit System and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 66-14 Setting Rates for Transit Fixed - Route and Paratransit Services. Seconded by Jones. Addressing the Council, Brandy Meyer, 907 Thomas Place, stated that a fare increase would not affect her, but could have an impact on low-income riders. Ms. Thomas also spoke about busses leaving transfer stations when other connections are running a few minutes behind schedule. Transit Director Candace Eudaley and Transit Dispatcher Jodi Johnson responded to questions from Council regarding the criteria for half -fares for Medicare cardholders and over -65 riders, discount passes for non-profit agencies, stroller and wheelchair security, and provided information on scheduling gaps when the system is running behind due to weather or unforeseen delays. Motion carried 7-0. RESOLUTION NO. 66-14 SETTING RATES FOR TRANSIT FIXED -ROUTE AND PARATRANSIT SERVICES Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens of Dubuque; and Whereas, the scope services provided to the public have increased; and 1 Whereas, the cost to provide said services have continued to increase; and Whereas, The City of Dubuque desires to continue to provide fixed -route and para - transit services to its citizens; and Whereas, the proposed fare increase will impact all transit riders and fare types; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Fixed -route and paratransit fares are as follows effective July 1, 2014: Fixed Route Fare Increases $1.50 Full Fare $0.75 Half -Fare Free Student (K-12) $15.00 11 Ride Card $7.50 11 Ride Card (Half -Fare) $45.00 Monthly Unlimited Pass $22.50 Monthly Unlimited Pass (Half -Fare) .... .......... . Paratransit Fare Increases $3.00 $2.00 effective July .1, 2014 $3.00 effective July_1, 2015 $30.00 Elderl.y_(65+)............_.................................._................... Disabled Disabled Elderly (65+) 10 Ride Card $20..00 _effective July 1, 2014.Disabled 10 Ride Card $30.00 effective July 1, 2015 Disabled 10 Ride Card Passed, approved and adopted this 5th day of March, 2014 Attest: Kevin S. Firnstahl, City Clerk Roy D. Buol, Mayor 2. City of Dubuque Fiscal Year 2015 Recommended Budget as Amended: Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2014 Recommended Operating Budget and Capital Improvement Program (July 1, 2015 through June 30, 2019) as amended and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 67-14 Adopting the City of Dubuque Fiscal Year 2015 Annual Budget as Amended and Reso- lution No. 68-14 Adopting the City of Dubuque Five -Year Capital Improvement Program as Amended. Seconded by Braig. Mayor Buol called for public input on City depart- mental budgets in the following order: Health, Legal Services, City Manager's Office, City Council, City Clerk's Office, Cable TV Division, Library, Human Rights, Planning Services, Airport, Finance Department, Information Services, Housing/Community Devel., Economic Development, Parking Division, Transit Division, Water Department, Water & Resource Recover Center, Public Works, Engineering Department, Purchase of Services, Parks Division, Recreation Division, Five Flags Center, Conference Center (GRC), Emergency Communications, Emergency Management, Fire Department, Po- lice Department, Building Services, Capital Improvement Program. Reading from a pre- pared statement, Council Member Resnick respectfully disagreed with an increase the number of city employees and a spending increase in the City's operating budget. Mo- tion carried 6-1 with Resnick voting nay. RESOLUTION NO. 67-14 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2015 ANNUAL BUDGET AS AMENDED NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2015, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year, is adopted. Section 2. The City Clerk is directed to make the filings required by law. Passed, approved and adopted this 5th day of March, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 68-14 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PRO- GRAM AS AMENDED Whereas, a recommended five year Capital Improvement Program as amended for the period beginning July 1, 2014, and ending June 30, 2019, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital Improvement Program describes specific capital im- provement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be under- taken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2015 budget for the City of Dubuque; and Whereas, the five year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program as amended is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program as amended for the peri- od beginning July 1, 2014, set out in the Fiscal Year 2015-2019 Recommended Capital Improvement Budget as amended, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 5th day of March, 2014. Attest: Kevin S. Firnstahl, City Clerk Roy D. Buol, Mayor Upon motion the rules were reinstated limiting discussion to the City Council. 3 ACTION ITEMS 1. Fiscal Year 2015 (Program Year 2014) Community Development Block Grant (CDBG) Annual Action Pian: Motion by Jones to receive and file the documents and adopt Resolution No. 69-14 Adopting the Fiscal Year 2015 (Program Year 2014) Com- munity Development Block Grant (CDBG) Annual Action Pian. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 69-14 ADOPTING THE FISCAL YEAR 2015 (PROGRAM YEAR 2014) COMMUNITY DE- VELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2015(Program Year 2014) Community Development Block Grant Annual Action Plan addressing both housing and non -housing needs in the community; and Whereas, copies of the draft Fiscal Year 2015 (Program Year 2014) CDBG Annual Action Plan have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of an Annual Action Plan following a public hearing; and Whereas, the City Council has held a public hearing on the proposed plan on Febru- ary 13, 2014 following a 30 day public comment period and has approved the Fiscal Year 2015 Annual Action Plan on March 5, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscal Year 2015 (Program Year 2014) Annual Action Plan, attached hereto as Exhibit A and by this reference made a part hereof, is hereby adopted. Section 2. That the City Manager is hereby authorized and directed to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2015 (Program Year 2014) Annual Action Plan with all related documents for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved and adopted this 5th day of March, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Development Services Activity Recommended Fee Increases: Motion by Braig to receive and file the documents and adopt Resolution No. 70-14 Rescinding Resolution No. 65-13 Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a new schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances Unified Development Code. Seconded by Con- nors. Motion carried 7-0. RESOLUTION NO. 70-14 RESCINDING RESOLUTION NO. 65-13, ESTABLISHING A SCHEDULE OF DEVEL- OPMENT SERVICES FEES, AND ADOPTING IN LIEU THEREOF A NEW SCHED- ULE OF DEVELOPMENT SERVICES FEES AS PROVIDED IN TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution cer- tain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Development Services Fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 65-13 and its Schedule of Fees is hereby rescinded. Sec- tion 2. That the attached Fee Schedule is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2014. Passed, approved and adopted this 5th day of March, 2014. Attest: Kevin S. Firnstahl, City Clerk Roy D. Buol, Mayor 3. Five -Year Street Construction Program 2015-2019: City Manager recommending approval of the annual Five -Year Street Construction Program for Fiscal years 2015- 2019. Motion by Connors to receive and file the documents and adopt Resolution No. 71-14 Adopting the Five -Year Street Construction Program for Fiscal Years 2015-2019. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 71-14 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2015 - 2019 Whereas, a recommended Five -Year Street Construction Program for the Fiscal Year 2015 — 2019 beginning July 1, 2014 and ending June 30, 2019, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five -Year Street Construction Program: 1) describes specific capital improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2015 budget; and Whereas, the adoption of the Five -Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five -Year Street Construction Program for Fiscal Years 2015 — 2019 beginning July 1, 2014, set out in the Fiscal Years 2015 — 2019 recommended Capital Improvement Budget, is hereby approved and adopted as the proposed alloca- tion of City resources for capital improvements as scheduled in the years shown, sub- ject to annual review and revision. Passed, adopted and approved this 5th day of March, 2014. Attest: Kevin S. Firnstahl, City Clerk 5 Roy D. Buol, Mayor 4. Code of Ordinances Amendment - Title 13 Stormwater Management Utility Fee Rate: Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 16-14 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 5 SFU Rate, Charges; Utility Revenues. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 16-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTION 5 SFU RATE, CHARGES; UTILITY REVENUES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 4 Stormwater Management, Section 5 SFU Rate, Charges; Utility Revenues is amend- ed to read as follows: (D) Rates Established: The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1, 2014 through June 30, 2015 the SFU rate shall be $5.98 per SFU. (2) For the period July 1, 2015 through June 30, per SFU. (3) For the period July 1, 2016 through June 30, per SFU. (4) For the period July 1, 2017 through June 30, per SFU. (5) For the period July 1, 2018 through June 30, per SFU. (6) For the period July 1, 2019 through June 30, per SFU. (7) For the period July 1, 2020 through June 30, 2021 the SFU rate shall be $8.85 per SFU. (8) Beginning on July 1, 2021 the SFU rate shall be $9.00 per SFU. Passed, approved and adopted this 5th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of March, 2014. /s/Kevin S. Firnstahl, City Clerk 2016 the SFU rate shall be $6.38 2017 the SFU rate shall be $6.81 2018 the SFU rate shall be $7.27 2019 the SFU rate shall be $7.76 2020 the SFU rate shall be $8.29 5. Code of Ordinances Amendment - Title 13 Fixing Water Rates for Residential and Industrial Use and All Other Uses; and Fixing Water Rates for Fire Sprinkler Service: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 17-14 Amend- ing City of Dubuque code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Services, Article C Rates, Section 13 -1C -1(A) Establishing Water Rates for Resi- dential, Commercial, Industrial, and All Other Uses; and Ordinance No. 18-14 Amending the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Ser- vice. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 17-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13- 1C -1(A) ESTABLISHING WATER RATES FOR RESIDENTIAL, COMMERCIAL, IN- DUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1 C -1(A) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13 -1C -1A: Residential, Commercial, Industrial and All Other Uses. A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as fol- lows: Monthly Consumption Sin Hundreds of Cubic Feet) First 30 Next 120 Next 350 Next 500 Next 1,000 Charge per Hundreds of Cubic Feet _.........._..............._............._................__...._....._$3_05......._.................._.._... I_..._.............-........._.........._._.................._.._._.$2.49............_..._........ ._............................._............._............_._..._......_...,.._$2.30...__..............._.__........ �............... $2.04........... $1.81 Monthly Consumption Charge per Gallon (in Gallons) First 22440 Next 89,760 Next 261,800 Next 374,000 Next 748,000 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size 1 Monthly Consumption (In 1 Monthly Consumption I Minimum Charge Inches 1 Hundreds of Cubic Feet) 1 (In Gallons) 1 5/e ...........................1......_....... 2 I_................._.............._..._1,496........_. 1 $6.07 1 3/a 5 1 3,740..._............'................._....._........_$155.18...._........... $0.00406 $0.00332 $0.00309 $0.00274 $0.00240 7 1 8 i 5,984 $24.30 1 1/2 26 19,448 $78.96 2 46_........._........_ ...........................34,408 $130.84 3 106 _..........I.._....._.........._. 79,288........_ ............. ....................._._. 4 $279.8 ............................__................_............_............._..............._............._...._..........._........._...............................__........_........_._[......._..................._............_..........._............._..................._.............. _.................. ..........._........_.........._...9.._84 4 168 125,664 $430.71 6 368............................_..._......._........._.._I......_......._.............._....275,264................._. $892.98.......... _..........................._8..........._............._.............._....................__....................._. 625..._................_.............._.._...._........_�--......._..........._............_467,500 $1,454.26 .............. A property owner shall pay a $50.00 disconnect fee for water service that is discon- nected by the city for a meter not in service. When a tenant account is subject to dis- connection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 service call fee shall be changed to property owners or tenant account for those service calls that are determined to be related to customer negligence. A $5.00 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2014. Passed, approved and adopted this 5th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of March, 2014. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 18-14 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES SECTION 13-1C-2 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-2: Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: _ NUMBER OF HEADS CURRENT Up to 200 (min. monthly charge) $18.60 200 — 299 $22.32 300 — 399 $26.00 400 — 599 $29.75 600 — 799 $33.44 800 — 999 $37.18 1,000 — 1,199 $40.91 1,200 — 1,399 $44.58 1,400 — 1,599 $48.32 1,600 — 1,799 $52.04 1,800 — 1,999 $55.73 2,000 — 2,199 $59.46 MONTHLY CHARGES 2,200 — 2,399 2,400 — 2,599 2,600 — 2,799 2,800 — 3,999 3,000 — 3,499 Over 3,500 (for each additional 500 heads or fraction thereof) Section 2. This Ordinance shall take effect July 1, 2014. Passed, approved and adopted this 5th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of March, 2014. /s/Kevin S. Firnstahl, City Clerk 6. Code of Ordinances Amendment - Title 13 Sewer Rates for Residential and Com- mercial Users: Motion by Lynch to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 19-14 Amend- ing the City of Dubuque Code of Ordinances Title 13 Chapter 2, Article 3, Section 3 Es- tablishing Basic Sewer Rates for Residential and Commercial Users by Increasing the Rates. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 19-14 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13, CHAPTER 2, ARTICLE 3, SECTION 3 ESTABLISHING BASIC SEWER RATES FOR RESIDEN- TIAL AND COMMERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13 -2C -3(B) of the City of Dubuque Code of Ordinances is amend- ed to read as follows: Section 13 -2C -3(B) Schedule of Rates: Rates per each one hundred (100) cubic feet $4.19 Rate per each gallon $ .0056 Section 2. Section 13 -2C -3(C) (7) of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: 1 Meter Size (inches) Minimum Charge Allowance (cubic feet) Allowance (gal- ....__............_...._........................__.:............_.._.........._......................................._...................._......................._...._................_....__...._....._Ions)......................................._1 i $8.37 200............ 1,496 ' ... 3 $20.93....__......__....__... 500 ....._3,740 ..............._._.....__..- i_...._..............--_._1...._or larger.........._.._..._........_....._.__....................._$33.48_......_............._........._........_..................... ._.:...800 _ . 5,984 ! Section 3. This Ordinance shall take effect July 1, 2014. 9 Passed, approved and adopted this 5th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of March, 2014. /s/Kevin S. Firnstahl, City Clerk 7. Code of Ordinances Amendment - Title 13 Solid Waste Rates and Charges: Mo- tion by Lynch to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 20-14 Amend- ing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6, Solid Waste, Article A City or Private Collection Service, Section 13-6A-6 Rates and Charges Established; Exceptions. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEP- TIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-6A-6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of thirteen dollars twenty- four cents ($13.24) per dwelling unit per month shall be paid to the city by the property own- er of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected contain- ing acceptable "recyclable materials" as defined in this chapter. Exceptions to the col- lection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) con- secutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby au- thorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the au- thority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an an- nual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city man- ager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of thirteen dollars twenty-four cents ($13.24) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class III Premises: 1. A fee of thirteen dollars twenty-four cents ($13.24) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class III premises served by city solid waste collection may pro- vide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II. and III premises are as follows: 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly sol- id waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 3. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dollars ($12.00) each per month. 4. Solid waste carts, owned by the city for semi -automated lifting, may be sub- scribed by owners and/or property managers of class I, II and III premises. The cus- tomer shall choose the number and size of the cart. The fee for a sixty- four (64) gallon city cart shall be twenty-two dollars ($22.00) each per month. The fee for a ninety-six (96) gallon city cart shall be thirty-three dollars ($33.00) each per month. 5. Official city of Dubuque single use stickers costing one dollar fifty cents ($1.50) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 6. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class 11 or class 111 premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 7. In alleys where solid waste carts, owned by the city for semi -automated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and 111 premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed ac- cording to a fee schedule and program requirements as approved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of twelve dollars fifty cents ($12.50) shall be paid for each addi- tional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not re- ceiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. (Ord. 13-13, 2-28-2013, eff. 7-1- 2013) Section 2. This Ordinance shall take effect on the 1st day of July, 2014. Passed, ap- proved and adopted this 5th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of March, 2014. /s/Kevin S. Firnstahl, City Clerk 8. Code of Ordinances Amendment - Title 9 Parking Fee Schedule and Violations: Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 21-14 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 4 Parking Meters, Section 9-14-321.667 Fee Schedule by increasing the rate of ten hour parking meters to thirty five cents ($0.35) per hour; and Ordinance No. 22-14 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 1 Generally, Section 9-14-321.621 Parking Viola- tions; Fines by increasing the fine for parking too close or blocking fire hydrants. Se- conded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 4 PARKING METERS, SECTION 9-14-321.667 FEE SCHEDULE BY INCREASING THE RATE OF TEN HOUR PARKING METERS TO THIRTY FIVE CENTS ($0.35) PER HOUR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.667 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.667: FEE SCHEDULE: Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coins in accordance with the following schedule: D. Ten (10) hour parking meters shall show legal parking for thirty five cents ($0.35) per hour, but not more than a total of ten (10) hours at any one time. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted this 5th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of March, 2014. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 22-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 1 GENERALLY, SECTION 9-14-321.621 PARKING VIOLATIONS; FINES BY INCREASING THE FINE FOR PARKING TOO CLOSE OR BLOCKING FIRE HYDRANTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.621 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.621: PARKING VIOLATIONS; FINES: A. The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parked in such man- ner, in such a place or for such a time as to violate the provisions of this chapter relating to the parking of vehicles, shall pay to the city treasurer as a penalty for such violation 13 the following sum: 1. Except as provided in subsection A2, A3, A4, A5, or A6 of this section, any viola- tion of this chapter, an initial fine of fifteen dollars ($15.00) if paid within thirty (30) cal- endar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twenty dollars ($20.00). 2. Disabled parking violations, a fine of two hundred dollars ($200.00). 3. Expired parking meter violations, an initial fine of seven dollars ($7.00) if paid with- in thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twelve dollars ($12.00). 4. Parking in violation of any designated fire lane, a fine of fifty dollars ($50.00). 5. Parking within five feet (5') on any side of the point on the curb nearest to a fire hydrant, a fine of fifty dollars ($50.00). 6. Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be thirty five dollars ($35.00). The first snow route restriction violation of each winter season for a vehicle shall be voided if the owner of the vehicle registers their contact information with the police department. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted this 5th day of March, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11t" day of March, 2014. /s/Kevin S. Firnstahl, City Clerk Mayor Buol thanked city staff for their work during the last year and for the difficulties they might experience in the months ahead as a result of budget constraints and stated that all staff help make Dubuque a great city. CLOSED SESSION Motion by Jones at 7:09 p.m. to convene in closed session to discuss pending litiga- tion pursuant to Chapter 21.5(1)(c) of the Code of Iowa. Seconded by Braig. Motion car- ried 7-0. Upon motion at 7:52 p.m., the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:53 p.m. /s/Kevin S. Firnstahl, CMC City Clerk