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3 9 10 City Council Proceedings Official_Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 9, 2010 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 2011 budget and capital improvement program. Proofs of Publication on Notice of Public Hearing on Budget Estimate for Fiscal Year 2011 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2010 through the Fiscal Year ending June 30, 2015 City Manager’s Revised Fiscal Year 2011 Budget Recommendation City Manager recommending approval of the funding of additional Library positions subject to a budget amendment. Communications from John and Kristin Anderson-Bricker, Deone Merkel, Gwen Sayler, Vincent Williams, Elizabeth Leeper, Cinda Welu and Richard Vorwald in support of increased staff at the Carnegie Stout Public Library. Communication from Sandi Andresen in opposition to a tax increase. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 5-2 with Resnick and Voetberg voting nay. (This motion was reconsidered and voted on later in the meeting.) PUBLIC HEARING Upon motion the rules were suspended allowing anyone present to address the City Council. Mayor Buol solicited public input for each City department budget and the Capital Improvement Program. There being no public input, upon motion the rules were reinstated limiting discussion to the City Council. Upon advice from City Attorney Lindahl, Lynch moved reconsideration of the earlier motion by Jones to receive and file the documents and approve the recommendation. Seconded by Jones. Motion to reconsider carried 6-1 with Resnick voting nay. (A re-vote on the original motion was taken at the end of the meeting.) Motion by Lynch to adopt Resolution No. 69-10 Approving the adoption of pet park fees. Seconded by Jones. Braig stated she was in opposition to adopting fees for a pet park as part of the total budget. Motion carried 5-2 with Braig and Resnick voting nay. RESOLUTION NO. 69-10 RESOLUTION ESTABLISHING PET PARK USER FEES Whereas, the City of Dubuque provides a Pet Park on North Grandview Avenue; and Whereas, the City of Dubuque desires to establish a daily and annual user fee for the Pet Park; and Whereas, the City of Dubuque desires to offer a daily and annual user fee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Effective the 1st day of May, 2010, the Pet Park user fees shall be as follows: Daily user fee $ 1.00 Annual resident permit fee $25.00 Annual nonresident permit fee $35.00 Passed, approved and adopted this 9th day of March, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Motion by Braig to receive and file the documents and approve the resolutions with the resolution pertaining to adoption of the Pet Park Fees held for separate discussion. Seconded by Resnick. Voetberg stated that he opposed voting for the budget recommendation but was in favor of the other resolutions adding that he was opposed to increasing the amount of gambling revenue used to offset a budget shortfall. Van Milligen stated that the recurring revenue source used would not negatively affect the Fiscal Year 2012 budget. Resnick stated that while he supported the addition of Library staff, he believed budget funding needed prioritizing. Motion to adopt Resolution Nos. 71-10 through 76-10 carried 7-0. Motion to adopt Resolution No. 70-10 Adopting Annual Budget for the Fiscal Year Ending June 30, 2011 carried 5-2 with Voetberg and Resnick voting nay by exercising a split-vote option. RESOLUTION NO. 70-10 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2011 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, 2011, 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, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 71-10 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capital Improvement Program for the period beginning July 1, 2010, and ending June 30, 2015, 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 2011 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 2 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, 2010, set out in the Fiscal Year 2011-2015 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, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 72-10 ADOPTING THE FISCAL YEAR 2011 (PROGRAM YEAR 2010) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2011(Program Year 2010) 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 2011 (Program Year 2010) 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 16, 2010 following a 30 day public comment period and approved the FY 2011 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 FY 2011 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 submit to the United States Department of Housing and Urban Development the Fiscal Year 2011 (Program Year 2010) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. th Passed, approved and adopted this 9 day of March 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 73-10 RESCINDING RESOLUTION NO. 61-03, 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. Whereas, the City Council of the city of Dubuque, Iowa establishes by resolution certain fees for development services pursuant to the Unified Development Code, pursuant to the attached schedule of Planning and Zoning Fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Resolution No. 61-03 and its Schedule of Fees is hereby rescinded. 3 Section 2. That the attached Fee Schedule is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2010. th Passed, approved and adopted this 9 day of March 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 4 PROPOSED FY 2011 DEVELOPMENT SERVICES FEE INCREASES - PLANNING SERVICES DEPARTMENT FY FY 2011 Proposed 2009 Actual FY 2011 FY 2005 10% Fee Increase* Cases Revenue Proposed Variance $250.00 $275.00 + $2/notice 31 $7,750.00 $8,525.00 Conditional Use Permit $250.00 $275.00 + $2/notice 14 $3,500.00 $3,850.00 Appeal $50.00 $55.00 0 $0.00 $0.00 Special Exception $100.00 $110.00 47 $4,700.00 $5,170.00 Text Amendment $200.00 $220.00 8 $1,600.00 $1,760.00 Minor Subdivision Plat $200.00 $220.00 2 $400.00 $440.00 Preliminary Plat/Major Subdivision $400.00 + $10/lot $440.00 + $10/lot 2 $1,370.00 $1,450.00 Final Plat/Major Subdivision $200.00 $220.00 2 $400.00 $440.00 +$50/acre + Rezoning $300.00 + $50/acre $330.00 $2/notice 12 $4,900.00 $5,260.00 +$50/acre + New Planned District (PUD) $500.00 + $50/acre $550.00 $2/notice 3 $1,550.00 $1,700.00 +$50/acre + Amended Planned District (PUD) $300.00 + $50/acre $330.00 $2/notice 9 $2,785.00 $3,055.00 Sign Permit Reviews $25.00 $30.00 74 $1,850.00 $2,220.00 Extension of Subdivison Bonding $25.00 $30.00 0 $0.00 $0.00 Billboard Inspection Fee $100.00 billboard/year $100.00 billboard/year 78 $7,800.00 $7,800.00 Simple Site Plan $50.00 $55.00 4 $200.00 $220.00 Minor Site Plan $125.00 + $10/acre $140.00 (no per acre fee) 5 $625.00 $700.00 Major Site Plan $225.00 + $10/acre $250.00 (no per acre fee) 15 $3,504.00 $3,750.00 Limited Setback Waiver $50.00 $55.00 11 $550.00 $605.00 Target Area Zoning Enforcement $13,000.00 /year $13,000.00 /year $13,000.00 $13,000.00 Flood Plain Permit $100.00 $110.00 1 $100.00 $110.00 Flood Way Permit $500.00 $550.00 0 $0.00 $0.00 Simple Subdivision-Staff Review $10.00 $11.00 31 $310.00 $341.00 Simple Subdivison-Council Action Required $10.00 $220.00 * 6 $60.00 $1,320.00 Maps and Ordinances $10-$30 /document $10-$30 /document 2 $20.00 $20.00 Temp. Use Permit: Off-Premise Retail $10.00 per day $11.00 per day 1 $180.00 $198.00 Temp. Use Permit: On-Premise Seasonal $0.003 sq foot/day $0.003 sq foot/day 7 $18,179.00 $18,179.00 $75,333.00 $82,113.00 *Fee Increase (Fees have rounded up to closest $5.00) Includes proposed new fee of $2 per notice, generating an estimated $2,000 for appr.1,000 notices sent in FY 2009 for variances, conditional use permits, rezonings, new PUDs, and amended PUDs. *New fee based on similar workload to minor subdivision and final plat is recommended for simple subdivisions requiring City Council action. Note: Maximum Fee Cap of $1,000 still applies to rezonings and amended PUDs. Maximum Fee Cap of $2,000 still applies to new PUDs. 5 RESOLUTION NO. 74-10 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2011 - 2015 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Years 2011 - 2015 beginning July 1, 2010, and ending June 30, 2015, 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 2011 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 2011 - 2015 beginning July 1, 2010, set out in the Fiscal Years 2011 - 2015 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, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 75-10 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, 2011, 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, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 76-10 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, 2011, 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. 7 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, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Motion by Jonesto 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 Ordinances Nos. 13-10 through 17-10. Seconded by Voetberg. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-1(A) ESTABLISHING 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 13-1C-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 follows: Monthly Consumption Charge per (in Hundreds of Cubic Feet) Hundred Cubic Feet First 30 $2.20 Next 120 $1.80 Next 350 $1.67 Next 500 $1.48 Next 1,000 $1.30 Monthly Consumption Charge per (in Gallons) Gallon First 22,440 $0.00294 Next 89,760 $0.00240 Next 261,800 $0.00224 Next 374,000 $0.00198 Next 748,000 $0.00174 8 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size Monthly Consumption Monthly Minimum Inches (In Hundreds of Cubic Feet) Consumption Charge (In Gallons) 5/8 2 1,496 $ 4.40 3/4 5 3,740 $ 11.01 1 8 5,984 $ 17.61 1 1/2 26 19,448 $ 57.24 2 46 34,408 $ 94.80 3 106 79,288 $ 200.21 4 168 125,664 $ 311.79 6 368 275,264 $ 646.30 8 625 467,500 $1,051.83 A property owner shall pay a $30.00 disconnect fee for water service that is disconnected by the city for a 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 shall be assessed for meters not in service. . . . . Section 2. This Ordinance shall take effect July 1, 2010. th Passed, approved and adopted this 9 day of March, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 17 day of March, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 14-10 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 MONTHLY HEADS CURRENT CHARGES Up to 200 $13.46 (minimum monthly charge) 200 – 300 $16.15 300 – 400 $18.82 400 – 600 $21.52 600 – 800 $24.20 800 – 1,000 $26.90 9 1,000 – 1,200 $29.60 1,200 – 1,400 $32.26 1,400 – 1,600 $34.96 1,600 – 1,800 $37.66 1,800 – 2,000 $40.33 2,000 – 2,200 $43.02 2,200 – 2,400 $45.70 2,400 – 2,600 $48.41 2,600 – 2,800 $51.10 2,800 – 3,000 $53.85 3,000 – 3,500 $56.47 Over 3,500 $ 2.69 (for each additional 500 heads or fraction thereof . . . . . Section 2. This Ordinance shall take effect July 1, 2010. Passed, approved and adopted this 9th day of March, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 17 day of March, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 15-10 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 13-2C-3(B) AND 13-2C-3(C)(7) ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY ATHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3(B) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 13-2C-3(B) Schedule of Rates: Rates per each one hundred (100) cubic feet $2.58 Rate per each gallon $ .00345 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: Meter Size Minimum Allowance Allowance (inches) Charge (cubic feet) (gallons) 5/8 $ 5.18 200 1,496 3/4 $ 12.91 500 3,740 1 or $ 20.67 800 5,984 larger Section 3. This Ordinance shall take effect July 1, 2010. th Passed, approved and adopted this 9 day of March, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 10 th Published officially in the Telegraph Herald Newspaper the 17 day of March, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 11 OFFICIAL PUBLICATION ORDINANCE NO. 16-10 AMENDING 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; AND AMENDING SECTION 13-6A-8(D) YARD WASTE AND FOOD SCRAPS 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 eleven dollars nine cents ($11.09) 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 8 housing program" for one and two (2) person households may, upon application 1 to the city manager, be exempted from one-half (/) the established collection charge. After 2 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 8 housing program" for the size of that household may, upon application to the city manager, be 1 exempted from one-half (/) the established collection charge. After the initial application, 2 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 eleven dollars nine cents ($11.09) 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. 12 C. Class III Premises: 1. A fee of eleven dollars nine cents ($11.09) 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 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: (Ord. 15-09, 3-9-2009, eff. 7-1-2009) 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 2. A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 3. 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 solid waste fee for an additional two dollars thirty cents ($2.30) 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. 4. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 5. A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 6. Solid waste carts, owned by the city for semi-automated lifting, may be subscribed by owners and/or property managers of class I, II and III premises. The customer shall choose the number and size of the cart. The fee for a sixty five (65) gallon city cart shall be twenty one ($21.00) each per month. The fee for a ninety five (95) gallon city cart shall be thirty dollars ($30.00) each per month. 7. Official city of Dubuque single use stickers costing one dollar thirty cents ($1.30) 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). 8. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III 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 13 solid waste may be set out in trash bags with applied city of Dubuque single use stickers. (Ord. 21-06, 3-2-2006, eff. 7-1-2006) 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 set out 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. (Ord. 15-09, 3-9-2009, eff. 7-1- 2009) 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 eight dollars ($8.00) 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 eight dollars ($8.00) shall be paid for each additional 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 twelve dollars fifty cents ($12.50) 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 receiving 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. 21-06, 3-2-2006, eff. 7-1-2006). Section 2. Section 13-6A-8(D) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6A-8: YARD WASTE AND FOOD SCRAPS: D. Preparation Of Waste: Containerized yard waste collected by the city shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste decal or in a subscribed sixty five (65) gallon city owned yard waste cart or be contained by tying devices approved by the city manager. The charges for collection and disposal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the city manager shall be one dollar thirty cents ($1.30) each. 2. The fee paid to the city by a customer of record with the city for an annual yard waste decal for a rigid waste container shall be thirty dollars ($30.00) each through June 30 of 1 each year. The fee shall be reduced by one-half (/) on July 1 of each year and again by 2 1 one-half (/) on September 1 of each year. A decal shall only be used by the customer of 2 record with the city who purchased it. 3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each. 4. The fee paid to the city for subscription to a sixty five (65) gallon city owned yard waste cart shall be fourteen dollars fifty cents ($14.50) per month with a one-time nonrefundable start up fee of twenty dollars ($20.00). st Section 3. This Ordinance shall take effect on the 1 day of July, 2010. th Passed, approved and adopted this 9 day of March, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 14 th Published officially in the Telegraph Herald Newspaper the 17 day of March, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 15 OFFICIAL PUBLICATION ORDINANCE NO. 17-10 AMENDING TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9- 14-321.645 METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY DELETING LOTS NO. 1 AND 4, ADDING LOT NO. 9, INCREASING THE MONTHLY RATES FOR LOTS NO. 2, 4, 10, AND 12, AND ESTABLISHING THE HOURS AND RATES FOR PARKING LOT NO. 3 AND THE FEDERAL BUILDING PARKING LOT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.645 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.645: METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS: A. Parking meters on municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins, and in the non- metered parking lots, parking spaces shall be reserved in accordance with the following schedules: 1. On parking lots no. 2, 3, 5, 6, 7, 9, and 10, the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been placed in operation. The maximum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. 2. On parking lot no. 5, reserved parking for each space for which a parking meter has not been installed shall be reserved by the city for assignment by the city manager for purposes of carrying out the business of city government. 3. On parking lot no. 10, reserved parking for non-metered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of forty seven dollars ($47.00), payable each month. 4. On parking lot no. 12, reserved parking for non-metered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of thirty five dollars ($35.00), payable each month. 5. On parking lots no. 2 and 4, reserved parking for each space for which parking meters have not been installed shall be rented through an agreement approved by the city council. Reserved parking for non-metered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of thirty seven dollars ($37.00), payable each month. 6.On parking lot no. 3 and the Federal Building parking lot, reserved parking for non- metered spaces shall be between the hours of six o’clock (6:00) A.M. and six o’clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of forty two dollars ($42.00), payable each month. . . . . Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 9 day of March, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 17 day of March, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 16 17 Motion by Jones to receive and file the documents and approve the recommendation. (Proofs of Publication, Citizen Communications, City Manager’s Revised Budget Recommendation). Seconded by Lynch. Motion carried 5-2 with Resnick and Voetberg voting nay. There being no further business, upon motion the City Council adjourned at 7:00 p.m. /s/Jeanne F. Schneider, CMC City Clerk 18