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3 9 09 City Council Proceedings_Special Official CITY OF DUBUQUE, IOWA GOVERNING BOARD OF THE MUNICIPAL HOUSING AGENCY PROCEEDINGS The Governing Board of the Municipal Housing Agency met at 6:25 p.m. on March 9, 2009 in the Historic Federal Building Present: Chairperson Buol, Board Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, Plein Mayor Buol read the call and stated this is a session of the Governing Board of the Municipal Housing Agency called for the purpose of discussing the Fiscal Year 2010 operating budget for the Assisted Housing Programs of the Housing and Community Development Department. Motion by Plein to receive and file the documents and adopt Resolution No. 88-09 Approving the Fiscal Year 2010 Operating Budget for the Assisted Housing Programs of the Housing and Community Development Department. Seconded by Jones. Motion carried 8-0. RESOLUTION NO. 88-09 APPROVING THE FISCAL YEAR 2010 OPERATING BUDGET FOR THE ASSISTED HOUSING PROGRAM OF THE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Whereas, the US Department of Housing and Urban Development (HUD) has required that a governing board be constituted for purposes of approving certain actions of the municipal housing agency; and Whereas, the City Council has duly constituted the Governing Board of the Municipal Housing Agency of the City of Dubuque by passage of Ordinance No. 5-02; and Whereas, passage of the operating budget for the Assisted Housing Programs of the Housing and Community Development Department is an action required of the Governing Board; and Whereas, the Governing Board has determined that approval of the operating budget is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The operating budget for the Assisted Housing Programs of the Housing and Community Development Department for the Fiscal Year 2010 is hereby approved. th Passed, approved and adopted this 9 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk There begin no further business, upon motion the Governing Board adjourned at 6:28 p.m. /s/Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 9, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, 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 a public hearing on the Fiscal Year 2010 budget and capital improvement program. Proofs of Publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2010 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2009 through the fiscal year ending June 30, 2014. Communication from the Long Range Planning Advisory Commission finding that the Fiscal Year 2010 – 2014 Capital Improvement Program is consistent with the 2008 Dubuque Comprehensive Plan. The City Manager’s Revised Fiscal Year 2010 Budget Recommendation was presented and read. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. Upon motion the rules were suspended allowing anyone present to address the City Council. Mayor Buol solicited public comments regarding each City departmental budget. No comments were received regarding the following departmental budgets: Human Rights, Finance, Legal, City Manager, City Council, City Clerk, Water Department, Water Pollution Control Plant, Public Works Department, Engineering Department, Civic Center Division, Conference Center, Park Division, Information Services Department, Cable TV Division, Housing and Community Development Department, Planning Services Department, Economic Development Department, Parking Division, Health Services Department, Fire Department, Emergency Communications, Emergency Management, Airport Department, Police Department, Building Services Department, Capital Improvement Program . Public comments were heard regarding the following departmental budgets: Recreation Division: Ellen Goodman, 1306 Tomahawk Drive, spoke in favor of the budget recommendation for St. Mark’s Community Center and thanked the City Council for their support. Transit: Wayne Strohmeyer, 3403 Waller Street, stated that he would like to have the currently vacant full-time bus driver vacancy filled, increase one part-time driver position to full-time, and increase the hourly cap of hours per year for part-time drivers to 1,976 (38 hours a week average). He added that all full-time drivers should have the same pay. Mr. Strohmeyer also stated that he had spoken with Keyline Transit management and the Civil Service Commission about the staffing changes. Laurette Donahue, 473 Almond Street, asked for shorter bus routes and stated that she felt the bus drivers shouldn’t be in such a hurry as it can cause problems for riders during bad weather and for persons in wheelchairs. Purchase of Services: Opening Doors Board President Art Roche, 5451 Meadow Court, Asbury, thanked the City Council for their support of the Maria House and Theresa Shelter. Washington Tool Library President Tom Oberhoeffer, 3508 Keymont Drive, provided a summary of the Tool Library and stated that it follows the rules outlined by the U.S. Department of Housing and Urban Development. Library: Nancy Gourley, 1161 Edina Street, spoke in support of the various Library programs and its staff adding that it is critical that the Library be well maintained. Library Board of Trustees President Diann Guns, 1715 Diane Court, expressed her appreciation for the City Council’s past support and requested that the Library be made a Council priority for next year. Guns stated that she could not confidently say the Library could operate as it currently does without additional staff. Upon motion the rules were reinstated limiting discussion to the City Council. City Council discussion included the issue of Purchase of Service funding being a one- time funding source that requires annual application and that it is a Council decision to discontinue funding for Purchase of Service agencies or to add funding for certain agencies that support the City Council’s priorities. Mayor Buol suggested that a discussion of Purchase of Services be held as part of the City Council’s annual goal setting session. Other discussion included making Library operations a priority. City Council Members thanked the City Manager and staff for their work on the budget. Motion by Voetberg to receive and file the documents and adopt the Resolutions. Seconded by Connors. Motion carried 7-0. Resolution No. 89-09 Adopting Annual Budget for the Fiscal Year ending June 30, 2010; Resolution No. 90-09 Adopting Five Year Capital Improvement Program Budget for Fiscal Year 2010 – 2014; Resolution No. 92-09 Approving an increase in building permit fees; Resolution No. 93-09 Adopting the Five Year Street Program; Resolution No. 94-09 Approving an advance of funds for repayment from the Greater Downtown Urban Renewal Tax Increment Fund, and directing the certification of an Urban Renewal Project advance under Iowa Code Section 403.19; and Resolution No. 95-09 Approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Fund, and directing the certification of an Urban Renewal Project advance under Iowa Code Section 403.19 Motion by Voetberg to adopt Resolution 91-09 Adopting the Program Year 2009 (Fiscal Year 2010) Community Development Block Grant (CDBG) Annual Plan as Amended. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 89-09 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2010 ANNUAL BUDGET 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, 2010, 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, as amended, is adopted. Section 2. The City Clerk is directed to make the filings required by law. th Passed, approved and adopted this 9 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 90-09 ADOPTING THE CITY OF DUBUQUE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 2009, and ending June 30, 2014, 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 improvement 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 undertaken; and WHEREAS, the capital improvement projects for the first year are included in the Fiscal Year 2010 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 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 for the period beginning July 1, 2009, set out in the Fiscal Year 2010-2014 Recommended Capital Improvement Budget, is hereby approved and adopted as amended as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. th Passed, approved and adopted this 9 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 91-09 ADOPTING THE FISCAL YEAR 2010 (PROGRAM YEAR 2009) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AS AMENDED. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2010(Program Year 2009) 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 2010 (Program Year 2009) 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 February 19, 2009 following a 30 day public comment period and approved the FY 2010 Annual Action Plan as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Annual Action Plan, attached hereto as Exhibit A and by this reference made a part hereof, is hereby adopted as amended. Section 2. That the City Manager is hereby authorized and directed to prepare and to submit to the United States Department of Housing and Urban Development the Fiscal Year 2010 (Program Year 2009) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. th Passed, approved and adopted this 9 day of March 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 92-09 APPROVING AN INCREASE IN BUILDING PERMITS FEES Whereas, due to the loss of licensing revenue and requirement to meet a self-support target for the Building Department code enforcement activity, an increase in the building, mechanical, plumbing and electrical permit fees has been proposed for the Fiscal Year 2010 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the building permit fees for one and two-family dwellings and related projects be established as follows: For projects between $1 and $500: $13.25 For projects between $501 and $2000: $13.25 for the first $500 plus $2.15 per additional $100, For projects between $2001 and $30,000: $45.50 for the first $2000 plus $8.50 per additional $1000, For projects between $30,001 and $50,000: $283.50 for the first $30,000 plus $6.35 per additional $1000, For projects between $50,001 and $100,000: $410.50 for the first $50,000 plus $4.25 per additional $1000, For projects $100,001 and above: $623.00 plus $3.55 for each additional $1000 thereafter. In addition to the building permit fee, plan review fees, when plans are required, shall be assessed at the rate of $52.00 per hour of review time, with a minimum one-hour charge. An issuance fee of $5.00 will also be charged. Section 2. That the building permit fees for all other building projects be established as follows: For projects between $1 and $500: $26.50 For projects between $501 and $2000: $26.50 for the first $500 plus $13.25 per additional $500, For projects between $2001 and $25,000: $66.25 for the first $2000 plus $10.60 per additional $1000, For projects between $25,001 and $50,000: $310.05 for the first $25,000 plus $7.95 per additional $1000, For projects between $50,001 and $100,000: $508.80 for the first $50,000 plus $5.30 per additional $1000, For projects between $100,001 and $500,000: $773.80 plus $43.65 for each additional $10,000, For projects over $500,001: $2519.80 for the first $500,000, plus $35.70 for each additional $10,000 thereafter. In addition to the building permit fee, plan review fees, when plans are required, shall be assessed at the rate of $52.00 per hour of review time, with a minimum one-hour charge. An issuance fee of $5.00 will also be charged. Section 3. That the mechanical permit fees be established as follows: Unit Fee Forced Air System (to include $16.00 100,000Btu) Forced Air System (over $19.50 100,000Btu) Floor Furnace, Wall Heater $16.00 (including vent) Unit Heater, Hanging Heaters $16.00 Appliance vent $14.00 Alteration, addition to any $16.00 system Boilers, Compressors: up to & include 3Hp or $16.00 100,000Btu >3Hp to 15 Hp, or 100,000 to $29.00 500,000Btu >15Hp to 30 Hp, or 500,000 to $39.00 1,000,000Btu >30 Hp to 50Hp, or 1,000,000 $60.00 to 1,750,000Btu >50 Hp, or >1,750,000Btu $99.00 Air Handling Unit (CFM to $11.50 10,000) Air Handling Unit (CFM $19.50 >10,000) Evaporative cooler (not $11.50 portable) Vent Fan, (single duct exempt $8.00 in residential) Hood w/mechanical exhaust $11.50 (exempt in residential) Commercial or Industrial $79.00 Incinerator Fuel Gas piping (1 to 5 $14.00 outlets) Fuel Gas piping (>5 outlets, $3.50 $3.00 per outlet) Air Condition Unit (Hp each) $16.00 Water Heater (Btu each) $11.50 Woodburning Stove $11.50 Factory Built Fireplace $11.50 Building) Building) 12.00 10.00 10.00 10.00 add’l. outlet) 12.00 10.00 Refrigeration Unit (Hp each) $16.00 All other appliances or $11.50 equipment including Temporary heat An issuance fee of $10 will be applied to all permits. Section 4. That the plumbing permit fees be established as follows: Fixture Fee Water Closet (Toilet) $ 8.00 Bathtub $ 8.00 Lavatory (Wash Basin) $ 8.00 Shower $ 8.00 Kitchen Sink $ 8.00 Garbage Disposal $ 8.00 Dishwasher $ 8.00 Laundry Tray $ 8.00 Clothes Washer $ 8.00 Urinal $ 8.00 Drinking Fountain $ 8.00 Service Sink $ 8.00 Shampoo Bowl $ 8.00 Grease Trap $ 8.00 Water Heater $11.50 Gas Piping (1 to 5 outlets) ENTER 1 $14.00 Gas Piping (> 5 outlets, $3.00 per $ 3.50 Floor Drain $ 8.00 Roof Drain $11.50 Condensate Drain $11.50 Vacuum Breaker $11.50 Backwater Valve $14.00 Backflow Prevention Device $14.00 Waste Interceptor $14.00 Indirect Waste $14.00 Sewage Ejector $14.00 Water Distribution Piping $14.00 Water Treating Equipment $14.00 Water Service (Main to Property line) $14.00 Water Service (Property line to $14.00 Sanitary Service (Main to Property line) $14.00 Sanitary Service (Property line to $14.00 Misc. $14.00 An issuance fee of $10 will be applied to all permits. Section 5. That the electrical permit fees be established as follows: CITY OF DUBUQUE ELECTRICAL PERMIT FEE SCHEDULE Square Footage Fees for New Buildings Sq. Ft. Fee First 25,000 sq. ft. 0.07 Next 49,999 sq. ft. 0.06 New Commercial Office Construction Next 124,999 sq. ft. 0.045 Next 299,999 sq. ft. 0.03 Over 500,000 sq. ft. 0.015 First 25,000 sq. ft. 0.03 Next 49,999 sq. ft. 0.015 New Commercial Industrial Construction Next 124,999 sq. ft. 0.007 Next 299,999 sq. ft. 0.0045 Over 500,000 sq. ft. 0.001 New Residential Construction (finished living space) Note: for unfinished spaces or outside see the appropriate unit fees 0.06 listed below Unit Fees for Existing Building Remodels or Additions Unit Fee First Transformer $10.50 Signs Additional Transformers $6.00 Gasoline Pumps or Dispensers $10.00 Swimming Pool, Spa, Hot Tub, Whirlpool $33.00 Temporary Power & Construction Site Services $19.50 Temporary Lighting Systems $19.50 First 1 thru 20 $0.70 Receptacle, switch and ceiling boxes, and all other enclosures Number Over 20 $0.30 First 1 thru 20 $0.70 Lighting Fixtures Number Over 20 $0.30 Pole or Platform Fixtures $1.30 Theatrical Lighting Fixtures $1.30 0 to 1 $7.00 Over 1 to 10 $8.00 Residential and Commercial Appliances and Power Apparatus Over 10 to 20 $10.50 (rated in) Tons of BTU, or Kilowatts, or Over 20 to 30 $14.00 KVA, or KVAR, or Horsepower $14.00 +.30 per total Over 30 HP Busway (100 ft. sections or fraction thereof at) $0.70 per foot 0 to 100 Amps $10.00 101 to 400 Amps $16.00 401 to 600 Amps $24.00 Main Services and/or Sub Panels 601 to 1000 Amps $32.00 Over 1000 Amps or over 600 Volts $49.50 Misc. apparatus, conduit, or conductors not covered elsewhere $19.50 Original Issuance Fee $10.00 Supplemental Issuance Fee $5.00 no original permit can be less than $20.00 no supplemental permit can be less than $15.00 The Investigation (Penalty) Fee, if applicable, is twice the TOTAL Permit Fee Misc. fees that are not covered elsewhere but may be charged For each noncompliance reinspection that is needed $ 52.00 each For construction plan review (minimum of one hour) $ 52.00 per hour Inspections outside normal business hours $ 52.00 per hour Inspection for which no fee is detailed above (presale, demolition, damage, etc) $ 52.00 per hour These fees will become effective upon publication of the resolution. Section 6. That these increases become effective upon publication. Passed, approved and adopted this 9th day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 18 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 93-09 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2010 - 2014 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Years 2010 - 2014 beginning July 1, 2009, and ending June 30, 2014, 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 2010 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 2010 - 2014 beginning July 1, 2009, set out in the Fiscal Years 2010 - 2014 recommended Capital Improvement Budget, 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. th Passed, approved and adopted this 9 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 94-09 APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE GREATER DOWNTOWN URBAN RENEWAL TAX INCREMENT FUND, AND DIRECTING THE CERTIFICATION OF AN URBAN RENEWAL PROJECT ADVANCE UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Dubuque, Iowa has heretofore established the Greater Downtown Urban Renewal Area (the Urban Renewal Area), and expects to undertake certain projects, public improvements and activities within the Urban Renewal Area in furtherance of the objectives of the Urban Renewal Plan for said Urban Renewal Area, including the creation of a Downtown Parking Ramp Shuttle Service which would serve the Greater Downtown Area (the Project); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced for reimbursement from the available incremental property tax revenues generated within the Urban Renewal Area under Iowa Code Section 403.19. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Pursuant to Ordinance No. 123-67 there has been established the Greater Downtown Urban Renewal Tax Increment Revenue Fund (the Tax Increment Fund), into which the incremental property tax revenues received in respect of properties located within the Urban Renewal Area are to be deposited. The Council hereby finds and determines that the above-described Project constitutes an “urban renewal project” as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that the sum of $134,704 be advanced from time to time to the Downtown Parking Ramp Shuttle Service Project Fund from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan (the Loan) to the Downtown Parking Ramp Shuttle Service Project Fund from the General Fund, which shall be repaid to the General Fund from the Tax Increment Fund from the incremental tax revenues received with respect of properties located within the Urban Renewal Area. Annual payments shall be made on the Loan on each June 1, commending June 1, 2010, until the Loan is fully paid, to the extent there are incremental tax revenues available for such purpose which have been allocated to or accrued in the Tax Increment Fund. Section 3. The Tax Increment Fund is hereby pledged to the repayment of the Loan. The City Clerk and Budget Director shall take such actions as are necessary to comply with this Resolution, including certification of the Loan amount to the County Auditor for reimbursement under Iowa Code Section 403.19. th Passed, approved and adopted this 9 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 95-09 APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL TAX INCREMENT FUND, AND DIRECTING THE CERTIFICATION OF AN URBAN RENEWAL PROJECT ADVANCE UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Dubuque, Iowa has heretofore established the Dubuque Industrial Center Economic Development District Urban Renewal Area (the Urban Renewal Area), and expects to undertake certain projects, public improvements and activities within the Urban Renewal Area in furtherance of the objectives of the Urban Renewal Plan for said Urban Renewal Area, including the creation of a West-end tripper service route which would serve the Urban Renewal Area (the Project); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced for reimbursement from the available incremental property tax revenues generated within the Urban Renewal Area under Iowa Code Section 403.19. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Pursuant to Ordinance No. 130-88 there has been established the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund (the Tax Increment Fund), into which the incremental property tax revenues received in respect of properties located within the Urban Renewal Area are to be deposited. The Council hereby finds and determines that the above-described Project constitutes an “urban renewal project” as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that the sum of $16,862 be advanced from time to time to the West-end Tripper Service Route Project Fund from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan (the Loan) to the West-end Tripper Service Route Project Fund from the General Fund, which shall be repaid to the General Fund from the Tax Increment Fund from the incremental tax revenues received with respect of properties located within the Urban Renewal Area. Annual payments shall be made on the Loan on each June 1, commending June 1, 2010, until the Loan is fully paid, to the extent there are incremental tax revenues available for such purpose which have been allocated to or accrued in the Tax Increment Fund. Section 3. The Tax Increment Fund is hereby pledged to the repayment of the Loan. The City Clerk and Budget Director shall take such actions as are necessary to comply with this Resolution, including certification of the Loan amount to the County Auditor for reimbursement under Iowa Code Section 403.19. th Passed, approved and adopted this 9 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Motion by Jones 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 Braig. Motion carried 7-0. Motion by Jones for final consideration and passage of the proposed ordinances. Seconded by Braig. Motion carried 7-0. Ordinance No. 12-09 Amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-201(a) Fixing water rates for residential, commercial, industrial, and all other uses Ordinance No. 13-09 Amending the City of Dubuque Code of Ordinances Section 44- 202 Fixing water rates for fire sprinkler service Ordinance No. 14-09 Amending the City of Dubuque Code of Ordinances Sections 44- 83(a)(2) and 44-83(a)(3)g Establishing basic sewer rates for residential and commercial users by increasing the rates Ordinance No. 15-09 Amending the City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b) and (c) establishing charges for the collection and disposal of solid waste materials; and amending Section 40-37 Paragraph (d) Establishing charges for the collection and disposal of solid waste materials related to the Solid Waste Alley Cart Program; and Ordinance No. 16-09 Amending City of Dubuque Code of Ordinances Section 44-274(d) SFU Rate, Charges; Utility Revenues OFFICIAL PUBLICATION ORDINANCE NO. 12-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-201(a) FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-201(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-201. Residential, Commercial, Industrial and All Other Uses. (a) 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) as follows: Monthly Consumption (in Charge per Hundreds of Cubic Feet) Hundred Cubic Feet First 30 $2.16 Next 120 $1.76 Next 350 $1.64 Next 500 $1.45 Next 1,000 $1.27 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Monthly Consumption Minimum Size (In Hundreds of Charge Inches Cubic Feet) 5/8 2 $ 4.32 3/4 5 $ 10.80 1 8 $ 17.28 1½ 26 $ 56.16 2 46 $ 92.96 3 106 $ 198.56 4 168 $ 305.52 6 368 $ 633.52 8 625 $1,031.25 A property owner shall pay a $30.00 disconnect fee for water service that is disconnected by city staff (meter not in service). When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the $30.00 disconnect fee. A $5.00 minimum monthly charge will be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2009. Passed, approved and adopted this 9th day of March, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 13 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 13-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-202 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 44-202(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-202(a). Fire Sprinkler Service. (a) 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 MONTHLY HEADS CURRENT CHARGES Up to 200 (minimum monthly charge).$12.94 200 – 299 $15.53 300 – 399 $18.10 400 – 599 $20.69 600 – 799 $23.27 800 – 999 $25.87 1,000 – 1,199 $28.46 1,200 – 1,399 $31.02 1,400 – 1,599 $33.62 1,600 – 1,799 $36.21 1,800 – 1,999 $38.78 2,000 – 2,199 $41.37 2,200 – 2,399 $43.94 2,400 – 2,599 $46.55 2,600 – 2,799 $49.13 2,800 – 2,999 $51.78 3,000 – 3,500 $54.30 Over 3,500 $ 2.59 (for each additional 500 heads or fraction thereof Section 2. This Ordinance shall take effect July 1, 2009. Passed, approved and adopted this 9th day of March, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 13 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 14-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 44-83 (a)(2) AND 44-83 (a)(3)g ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL 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 44-83 (a)(2) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 44-83 (a)(2) Schedule of Rates: Rates per each one hundred (100) cubic feet: $2.37 Section 2. Section 44-83 (a)(3)g 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 service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Minimum Allowance Size Charge (cubic feet) (inches) 5/8 $ 4.75 200 3/4 $ 11.84 500 1 or larger $ 18.96 800 Section 3. This Ordinance shall take effect upon publication. th Passed, approved and adopted this 9 day of March 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 13 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 15-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARAGRAPHS (a), (b), and (c) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS; AND AMENDING SECTION 40-37 PARAGRAPH (d) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS RELATED TO THE SOLID WASTE ALLEY CART PROGRAM. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-37 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-37. Charges-Amounts; Exceptions: (a) Class I Premises: Except as qualified below, a fee of ten dollars and sixty cents ($10.60) per dwelling unit per month shall be paid to the city by the property owner 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 containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection 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) consecutive 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 eight (8) housing program" for one- and two-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 authorized 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 authority 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 annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for the size of that household 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. (b) Class II Premises: A fee of ten dollars and sixty cents ($10.60) 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. 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: A fee of ten dollars and sixty cents ($10.60)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. The owner of a class III premises served by 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. (d) Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: . . . . (9) 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 III premises where the approved setout location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. Section 2. This ordinance shall take effect on the 1st day of July, 2009. th Passed, approved and adopted this 9 day of March, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 13 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 16-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-274(d) 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 Section 44-274(d) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1, 2008 through June 30, 2010 the SFU rate shall be $4.00 per SFU; (2) For the period July 1, 2010 through June 30, 2011 the SFU rate shall be $5.25 per SFU; (3) For the period July 1, 2011 through June 30, 2012 the SFU rate shall be $5.60 per SFU. (4) For the period July 1, 2012 through June 30, 2013 the SFU rate shall be $6.85 per SFU. (5) For the period July 1, 2013 through June 30, 2014 the SFU rate shall be $6.90 per SFU. (6) For the period July 1, 2014 through June 30, 2033 the SFU rate shall be $7.00 per SFU. th Passed, approved and adopted this 9 day of March, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 13 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Voetberg stated that he will continue his monthly meetings for ward constituents at Stone Cliff Winery on the last Tuesday of each month. There being no further business, upon motion the City Council adjourned at 7:30 p.m. /s/Jeanne F. Schneider, CMC City Clerk