4 23 20 City Council Proceedings Official_Special1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICE
The Dubuque City Council met in special session at 6:30 p.m. on April 23, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually. Public input was received via Facebook Live, and City Clerk’s Office
and the Budget Office’s and departmental email.
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of adopting the Fiscal Year 2021 Recommended Budget.
PRESENTATION(S)
1. COVID-19 Update: The City Clerk promoted the City’s COVID-19 webpage link
www.cityofdubuque.org/covid19 for trusted resources and information for residents and
businesses impacted by the pandemic.
CONSENT ITEMS
Motion by Resnick to receive and file the documents and dispose of as indicated. Se-
conded by Cavanagh. Motion carried 7-0.
1. Dollars and Cents Public Information Brochure: City Manager providing a draft copy
the City's public information brochure regarding the Fiscal Year 2021 recommended
Budget and the impact of COVID-19. Upon motion the document was received and filed.
PUBLIC HEARINGS
1. Adopting the Fiscal Year 2021 Budget Recommendation as Amended : Proof of pub-
lication on notice of public hearing to consider approval of the City of Dubuque Fiscal
Year 2021 Annual Budget and Five-Year Capital Improvement Program as amended, and
the City Manager recommending approval. Compilation of written Public Input related to
the Fiscal Year 2021 Recommended Budget. Mayor Buol announced that all online public
input must include a name and address for the record.
Motion by Jones to receive and file the documents and adopt Resolution No. 130-20
Adopting the City of Dubuque Fiscal Year 2021 Annual Budget ; and Resolution No. 131-
20 Adopting the City of Dubuque Five-Year Capital Improvement Program. Seconded by
Resnick. The City Clerk and Public Information Officer stated that no online input had
been received regarding this item. The Budget Office stated that Brett Blewett, 2861
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Hickory Hill, expressed support for funding the renovation of the disk golf course at Vet-
eran’s Park.
City Council Member Brett Shaw supported removing the City Council travel and con-
ferences funding and the funding for frozen vacant/new positions from the budget. There
was no consensus. Motion carried 6-1 with Shaw voting nay.
RESOLUTION NO. 130-20
ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2021 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, 2021, 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 pro-
grams and activities for said fiscal year, is adopted as amended.
Section 2. The City Clerk is directed to make the filings required by law.
Passed, approved, and adopted this 23rd day of April 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 131-20
ADOPTING THE CITY OF DUBUQUE FIVE-YEAR CAPITAL IMPROVEMENT PRO-
GRAM
Whereas, a recommended five-year Capital Improvement Program for the period be-
ginning July 1, 2020, and ending June 30, 2025, for the City of Dubuque has been pre-
pared 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 2021 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 Dubu-
que.
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, 2020, set out in the Fiscal Year 2021 -2025 Recommended Capital Improvement
Budget, is hereby approved and adopted as amended allocation of City resources for
capital improvements as scheduled in the years shown, subject to annual review and
revision.
Passed, approved, and adopted this 23rd day of April 2020.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
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ACTION ITEMS
1. Code of Ordinance Amendment - Title 13 Public Utilities - Fixing Water Rates; Res-
idential, Commercial, Industrial and Other Uses; Fire Sprinkler Service : 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 Resnick. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 14-20 Estab-
lishing City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1, Water
Use and Service, Article C Rates, Section 13-1C-1(A) Fixing Water Rates for Residential,
Commercial, Industrial, and All Other Uses; and Ordinance No. 15-20 Establishing 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.
Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 14-20
ESTABLISHING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC
UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION
13-1C-1(A) FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUS-
TRIAL, 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
unchanged, and shall 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 Charge per
in Hundreds of Cubic Feet) Hundred Cubic Feet
First 30 $3.85
Next 120 $3.14
Next 350 $2.91
Next 500 $2.57
Over 1,000 $2.28
Monthly Consumption Charge per
in Gallons) Gallon
First 22,440 $0.00512
Next 89,760 $0.00419
Next 261,800 $0.00391
Next 374,000 $0.00345
Over 748,000 $0.00302
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Rates shall be subject to the following minimum monthly charge according to the size
of the meter:
Meter Size Monthly Consumption Monthly Consumption Minimum
Inches (In Hundreds of Cubic Feet) (In Gallons) Charge
5/8 2 1,496 $7.66
3/4 5 3,740 $19.15
1 8 5,984 $30.64
1 1/2 26 19,448 $99.57
2 46 34,408 $165.04
3 106 79,288 $353.09
4 168 125,664 $543.63
6 368 275,264 $1,128.57
8 625 467,500 $1,837.20
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 discon-
nection 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 $7.00 minimum monthly charge shall be assessed for meters not in service.
Section 2. This Ordinance shall take effect July 1, 2020.
Passed, approved, and adopted this 23rd day of April 2020.
s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 29th day of April 2020.
s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 15-20
ESTABLISHING 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 un-
changed, and shall 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:
CURRENT MONTHLY
NUMBER OF HEADS CHARGES
Up to 200 (minimum) $23.47
200 - 299 $28.17
300 - 399 $32.81
400 - 599 $37.55
600 - 799 $42.20
800 - 999 $46.92
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1,000 - 1,199 $51.63
1,200 - 1,399 $56.27
1,400 - 1,599 $60.97
1,600 - 1,799 $65.68
1,800 - 1,999 $70.33
2,000 - 2,199 $75.04
2,200 - 2,399 $79.73
2,400 - 2,599 $84.43
2,600 - 2,799 $89.12
2,800 - 2,900 $93.92
3,000 - 3,499 $98.49
Over 3,500* $4.68
for each additional 500 heads or fraction thereof)
Section 2. This Ordinance shall take effect July 1, 2020.
Passed, approved, and adopted this 23rd day of April 2020.
s/Roy D. Buol, Mayor
Attest: /s/Kevin Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 29th day of April 2020.
s/Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment - Title 13 Establishing Sewer Rates: Motion by
Jones to receive and file the documents and that the requirement that a proposed ordi-
nance be considered and voted on for passage at two Council meetings prior to the meet-
ing at which it is to be passed be suspended. Seconded by Roussell. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 16-20 City of
Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage
Disposal, Article C Rates, Section 13-2C-32 Rates Established for Fiscal Year 2021. Se-
conded by Roussell. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-20
CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAP-
TER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13-2C-3
RATES ESTABLISHED FOR FISCAL YEAR 2021
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-2C-3 of the City of Dubuque Code of Ordinances reads as fol-
lows:
13-2C-3: RATES ESTABLISHED:
Contributors whose property lies within the corporate limits of the city, except as oth-
erwise provided in this article, shall pay to the city at the same time payment for water
services is made, a sewer service charge computed on water consumption on the follow-
ing rates:
B. Schedule Of Rates:
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Rate per each 100 cubic feet $5.27
Rate per each gallon 0.00704
C. Service Charge:
7. 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
Inches) Minimum Charge Allowance (Cubic
Feet)
Allowance (Gal-
lons)
5/8 $10.53 200 1,496
3/4 $26.33 500 3,740
1 or larger $42.24 800 5,984
Section 2. This Ordinance shall take effect on the 1st day of July 2020.
Passed, approved, and adopted this 23rd day of April 2020.
s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl City Clerk
Published officially in the Telegraph Herald newspaper on the 29 th day of April 2020.
s/Kevin S. Firnstahl, City Clerk
3. Establishing Solid Waste Rates under City of Dubuque Code of Ordinances Section
13-6A-6, Rates and Charges Established; Exceptions: 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 Resnick. City Manager Van Milligen provided a clar-
ification on the two ordinance options by stating that option 1 was the original proposal,
and option 2 was the modified proposal. Motion carried 6-1 with Shaw voting nay.
Motion by ones for final consideration and passage of (Option 2 – Related to expanded
cart sizes for optional cart service city-wide) Ordinance No. 17-20 Amending City of Dubu-
que Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Sections 13-6-1
Definitions; 13-6-3 Container Requirements; Collection Restrictions; 13-6-6 Storage and
Accumulation Restricted; 13-6-7 Hazardous and Prohibited Wastes Regulated; and Title
13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service,
Sections 13-6A-2 Availability of Collection Services; 13-6A-3 Frequency, Time and Areas
of Collection; 13-6A-4 Placement of Containers for Collection; 13-6A-6 Rates and
Charges Established; Exceptions; 13-6A-8 Yard Waste and Food Scraps; 13-6A-9 Private
Collection Service. Seconded by Resnick. Motion carried 6-1 with Shaw voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 6 SOLID WASTE, SECTIONS 13-6-1 DEFINITIONS; 13-6-3 CON-
TAINER REQUIREMENTS; COLLECTION RESTRICTIONS; 13-6-6 STORAGE AND
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ACCUMULATION RESTRICTED; 13-6-7 HAZARDOUS AND PROHIBITED WASTES
REGULATED; AND TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTI-
CLE A CITY OR PRIVATE COLLECTION SERVICE, SECTIONS 13-6A-2 AVAILABIL-
ITY OF COLLECTION SERVICES; 13-6A-3 FREQUENCY, TIME AND AREAS OF COL-
LECTION; 13-6A-4 PLACEMENT OF CONTAINERS FOR COLLECTION; 13-6A-6
RATES AND CHARGES ESTABLISHED; EXCEPTIONS; 13-6A-8 YARD WASTE AND
FOOD SCRAPS; 13-6A-9 PRIVATE COLLECTION SERVICE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-6-1 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall
apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick, plaster,
sheet metal or any other substances accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or demolition of existing structures.
CLASS I PREMISES: Shall mean and include the following properties in the City of
Dubuque:
A. Single-family dwellings.
B. Multiple-family dwellings up to and including six (6) dwelling units.
C. Dwelling units in business or commercial premises.
Where two (2) or more laterally connected or joined dwelling units, including con-
dominiums, townhouses, and row houses, in which each dwelling unit has separate
access and utility service, each dwelling unit shall constitute a single-family dwelling.
CLASS II PREMISES: Residential premises other than Class I residential premises,
located in the City of Dubuque, including:
A. Dwellings in trailer courts.
B. Schools, colleges, churches, convents, nursing homes, rooming houses, and
other semiprivate institutions; and
C. Multiple-family dwellings exceeding six (6) dwelling units.
CLASS III PREMISES: All business and commercial premises located in the City of
Dubuque, including that part of a residential premises with a business or commercial use.
DWELLING: Shall mean and include any building or portion thereof containing one or
more dwelling units.
DWELLING UNIT: Shall mean and include one or more connected rooms having com-
plete kitchen facilities and arranged, designed, or used as living quarters for one family
only.
FOOD SCRAPS: Solid, semisolid, and liquid animal and vegetable residuals resulting
from the handling, preparing, cooking, storing, serving, and consuming of food.
GARBAGE: All solid and semisolid, putrescible animal and vegetable wastes resulting
from the handling, preparing, cooking, storing, serving and consuming of food or of ma-
terial intended for use as food, and all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and private establishments and from all
residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to, poisons, pesti-
cides, herbicides, acids, caustics, biohazardous wastes, flammable or explosive materials
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and similar harmful wastes which require special handling and which must be disposed
of in such a manner as to conserve the environment and protect the public health and
safety.
OTHER COMPOSTABLE MATERIALS: Napkins, plates, cups, bowls, towels, tissues,
and takeout containers made from paper as well as other materials as approved by the
city manager.
OWNER: In addition to the record titleholder, any person residing in, rentin g, leasing,
occupying, operating or transacting business in any premises and as between such par-
ties, the duties, responsibilities, liabilities and obligations hereafter imposed shall be joint
and several.
PREMISES: A building or part of a building and its grounds located in the City of Dubu-
que.
RECYCLABLE MATERIALS: Materials, including, but not limited to, food container
glass, aluminum, steel (tin) cans, no. 1 and no. 2 plastic bottles, uncontaminated news-
papers, and glossy paper (magazines). Newspapers and glossy paper shall be consid-
ered uncontaminated if they have not been exposed to substances or conditions render-
ing them unusable for recycling.
REFUSE: Putrescible and non-putrescible wastes including, but not limited to, gar-
bage, rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and
industrial solid wastes and sewage treatment wastes in dry or semisolid form.
RUBBISH: Non-putrescible solid waste consisting of combustible and noncombustible
wastes, such as furniture, appliances, tires, building materials or similar wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar discarded solid or semi-
solid materials, including, but not limited to, such materials resulting from industrial, com-
mercial, agricultural, and domestic activities. Solid waste includes vehicles. Solid waste
does not include toxic and hazardous wastes as defined by the Iowa department of nat-
ural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden wastes, brush and
trees as defined by the Iowa department of natural resources. Yard waste does not in-
clude tree stumps. (Ord. 20-06, 3-2-2006, eff. 4-3-2006)
Section 2. Section 13-6-3 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. Disposal in Containers; Preparation of Waste for Disposal: Solid waste shall be
placed in bags secured with tags or otherwise sealed and placed in suitable containers.
However, it shall not be necessary to place books, boxes, magazines or newspapers
in containers, provided they are securely tied in bundles or completely contained in
disposable boxes not more than twenty by thirty by forty -eight inches (20 x 30 x 48").
Tree limbs and carpet shall be securely tied in bundles not more than forty-eight inches
48") long and eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than
thirty-five (35) gallons nor be less than five (5) gallons in capacity except when only
one container is used, in which case such container may be less than five (5) gallons
in capacity. All such containers shall be waterproof and fitted with a tight lid and shall
have handles, bails, or other suitable lifting devices. Containers shall be of a type orig-
inally manufactured for refuse or garbage, with tapered sides for easy emptying, and
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shall be of lightweight and sturdy construction. The weight of any individual standard
container and its contents shall not exceed forty (40) pounds. Galvanized steel and
similar metal containers, rubber containers, and plastic containers which do not be-
come brittle in cold weather, may be used. Oil or grease drums, paint cans, and similar
salvaged containers shall not be used. Disposable bags manufactured for garbage and
solid waste disposal shall be acceptable unless they are left unattended for such a
period of time or in such a location as to become a health hazard.
C. Healthcare Waste:
1. Except for Class II premises, healthcare waste shall be placed in suitable con-
tainers separately from all other solid waste. Sharp objects such as hypodermic
needles, syringes and lancets shall be securely contained in hard plastic or metal
disposable containers with screw on or tightly secured lids for collection. Broken
glass and similar materials shall be placed in disposable boxes with a secure clo-
sure. Other healthcare waste such as soiled bandages, disposable sheets and med-
ical gloves shall be placed in thick disposable plastic bags or shall be double
bagged.
2. Class II premises shall comply with all occupational safety health administra-
tion (OSHA) regulations concerning the disposal of potentially infectious wastes.
D. Unacceptable Items for Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by the col-
lection crews if it is the proper size and otherwise acceptable for collection. It shall be
left uncollected if it is larger than the allowable size or otherwise unacceptable for col-
lection.
E. Recycling Containers Provided: One curbside recycling container shall be pro-
vided by the city to each dwelling unit in Class I premises for the collection of recyclable
materials.
F. Large and Bulky Rubbish: Large and bulky rubbish such as furniture and appli-
ances shall not be collected except when a special collection is established by the city
manager for the collection of such items. (2007 Code § 40-18)
Section 3. Section 13-6-6 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage or
refuse consisting of waste animal or vegetable matter upon which rats may feed, and
all small dead animals, shall be placed and stored until collected in covered metal con-
tainers of a type prescribed by the health officer.
B. Dumping on Premises or Waterways Prohibited: It is unlawful for any person to
dump or place on any premises, land or waterway, any dead animals, or any waste
vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place, leave,
dump, or permit to accumulate any garbage, rubbish or trash in any building or on any
premises, improved or vacant, or on any open lot or alley in the city so that the same
shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any person
to permit to accumulate on any premises, improved or vacant, or on any open lot or
alley in the city any lumber, boxes, barrels, bottles, cans, containers or similar material
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that may be permitted to remain thereon unless same shall be placed on open racks
that are elevated not less than eighteen inches (18") above the ground, and evenly
piled or stacked. (2007 Code § 31-74)
Section 4. Section 13-6-7 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in a
solid waste container or otherwise offer for city collection any hazardous wastes or
prohibited wastes, except when a special collection is established by the city manager
under subsection 13-6-3F of this chapter.
B. Transportation by Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the Iowa department
of natural resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited to,
waste oils, lead acid batteries and tires. (2007 Code § 40-21)
Section 5. Section 13-6A-2 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
Collection service is provided within the City of Dubuque to residents and businesses
located within city limits as outlined below. The City Manager may consider requests for
service outside of city limits, in the City Manager’s sole discretion.
B. Class I Premises: City solid waste collection from residential premises as defined
in section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The collectio n rate
shall be determined according to the fee schedule set forth in section 13 -6A-6 of this
article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The collection rate
shall be determined according to the fee schedule set forth in section 13 -6A-6 of this
article.
E. Recycling Services: Class II premises not serviced by City solid waste collection
service and Class III premises may apply to the City Manager for such recycling ser-
vices. The collection rate shall be determined according to the fee schedule set forth
in section 13-6A-6 of this article.
F. Refusal of Service: The City Manager may refuse solid waste collection service
or recycling services because of quantities or characteristics beyond the capacity or
capability to be handled efficiently or safely by City personnel and equipment. (Ord.
14-19, 3-7-2019, eff. 7-1-2019)
Section 6. Section 13-6A-3 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-3: FREQUENCY, TIME, AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than once
weekly at such time and in such areas of the City as shall be determined and set out in
schedules prepared by the City Manager in accordance with the provisions of this article.
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All collections shall be made between the hours of six o'clock (6:00) a.m. and nine o'clock
9:00) p.m.
B. Collection Schedule: The collection schedule shall not include official City holidays
unless otherwise determined by the City Manager. However, a Saturday may be substi-
tuted as the collection day to replace the collection which would otherwise be made on
the day of the week the holiday occurs.
C. Authority to Change Schedule: The City Manager is hereby authorized and empow-
ered to change or amend the collection schedules from time to time as the City Manager
may deem necessary. (2007 Code §40-33)
Section 7. Section 13-6A-4 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's property line
abutting the alley and on the days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste containers shall be
placed in one location for each dwelling, in clear view and in the street right-of-way on the
owner's property side of the curb and on the days designated in said schedule. Such
containers shall be placed so as not to interfere with vehicular and pedestrian traffic and
when emptied shall be promptly removed by the owner.
C. Time Limit for Placement of Containers on Streets: No person shall place solid
waste or recycling at the street for collection more than twenty-four (24) hours before the
scheduled collection day. No person shall leave solid waste containers or recycling con-
tainers at the street for more than twenty-four (24) hours after the scheduled collection
day.
D. Early Placement: All solid waste shall be placed at the designated collection location
for City collection by six o'clock (6:00) a.m. on the scheduled collection day.
E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this
chapter shall not be collected by the City and shall be removed by the owner within
twenty-four (24) hours after the scheduled collection day and stored in such a manner as
not to create a health, safety or fire hazard. (Ord. 27-17, 6-5-2017)
Section 8. Section 13-6A-6 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee and Conditions: Unless subscribed to a solid waste cart, a fee of
fourteen dollars ninety-nine cents ($14.99) per dwelling unit per month shall be paid
to the City by the property owner of each Class I premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of one
1) 35-gallon can or one (1) 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.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
1) Carts Required: Alley carts, owned by the City for semiautomated lifting,
are required to be subscribed to in certain alleys, by owners, tenants, and/or
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property managers of Class I premises where the approved set out location is
in a mandated alley. Subscribers must comply with program requirements as
approved by the City Manager. The customer shall choose the number and
size of the cart. The options include a thirty-four (34), forty-eight (48), sixty-
four (64), or ninety-six (96) gallon solid waste cart.
2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste
cart is fourteen dollars ninety-nine cents ($14.99) per month. The fee for a
forty-eight (48) gallon solid waste cart is fourteen dollars ninety-nine cents
14.99) per month. The fee for a sixty-four (64) gallon solid waste cart is six-
teen dollars twenty-six cents ($16.26) per month. The fee for a ninety-six (96)
gallon solid waste cart is twenty-four dollars thirty-nine cents ($24.39) per
month.
b. Optional Cart Subscriptions:
1) Optional Carts: In the areas where solid waste carts, owned by the City
for semi-automated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class I premises. Subscribers must com-
ply with program requirements as approved by the City Manager. The cus-
tomer shall choose the number and size of the cart. The options include thirty-
four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart
is fourteen dollars ninety-nine cents ($14.99) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars twenty -two cents
17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars sixty-five cents ($20.65) per month. The fee for a ninety-six (96)
gallon solid waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to alley
carts and multifamily dwellings opting to subscribe to solid waste cart(s) must
provide a minimum of thirty (30) gallons of capacity for each dwelling unit. The
City may, in its sole discretion, require additional capacity per unit if thirty (30)
gallons for each dwelling unit is insufficient. The City shall notify the applicable
account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than two (2)
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.
b. 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 financial status or ex-
treme hardship, as the City Manager may deem necessary.
c. When resident(s) of a Class I premises 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 or de-
signee, be exempted from one-half (1/2) the established collection charge. After
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the initial application, annual application shall be made by the account holder of
the City of Dubuque utility bill for the premises to verify annual income and eligi-
bility.
B. Class II Premises:
1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of
fourteen dollars ninety-nine cents ($14.99) per month shall be paid to the City by
the property owner of each Class II premises for such solid waste collection ser-
vices. Said fee shall be in payment for collection and disposal of one (1) 35 -gallon
can or one (1) 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 mate-
rials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
1) Carts Required: Alley carts, owned by the City for semiautomated lifting,
are required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class II premises where the approved set out location
is in a mandated alley. Subscribers must comply with program requirements
as approved by the City Manager. The customer shall choose the number and
size of the cart. The options include a thirty-four (34), forty-eight (48), sixty-
four (64), or ninety-six (96) gallon solid waste cart.
2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste
cart is fourteen dollars ninety-nine cents ($14.99) per month. The fee for a
forty-eight (48) gallon solid waste cart is fourteen dollars ninety -nine cents
14.99) per month. The fee for a sixty- four (64) gallon solid waste cart is
sixteen dollars twenty-six cents ($16.26) per month. The fee for a ninety -six
96) gallon solid waste cart is twenty-four dollars thirty-nine cents ($24.39) per
month.
b. Optional Cart Subscriptions:
1) Optional Carts: In the areas where solid waste carts, owned by the City
for semi-automated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class II premises. Subscribers must com-
ply with program requirements as approved by the City Manager. The cus-
tomer shall choose the number and size of the cart. The options include thirty-
four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart
is fourteen dollars ninety-nine cents ($14.99) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars twenty -two cents
17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars sixty-five cents ($20.65) per month. The fee for a ninety-six (96)
gallon solid waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to alley
carts and multifamily dwellings opting to subscribe to solid waste cart(s) must
provide a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: 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'
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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.
4. Recycling Only: Upon approval of an application for City recycling collection a
fee of six dollars ($6.00) per month per unit shall be paid to the City by the property
owner of each Class II premises not serviced by City solid waste collection services
for recycling collection.
C. Class III Premises:
1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of
fourteen dollars ninety-nine cents ($14.99) per dwelling 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 (1) 35 -gallon can or one (1)
35-gallon trash bag of "solid waste" as defi ned. There is no limit on the number of
bins allowed to be collected containing acceptable "recyclable materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
1) Required Carts: Alley carts, owned by the City for semiautomated lifting,
are required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class III premises where the approved set out location
is in a mandated alley. Subscribers must comply with program requirements
as approved by the City Manager. The customer shall choose the number and
size of the cart. The options include a thirty-four (34), forty-eight (48), sixty-
four (64), or ninety-six (96) gallon solid waste cart.
2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste
cart is fourteen dollars ninety-nine cents ($14.99) per month. The fee for a
forty-eight (48) gallon solid waste cart is fourteen dollars ninety -nine cents
14.99) per month. The fee for a sixty -our (64) gallon solid waste cart is six-
teen dollars twenty-six cents ($16.26) per month. The fee for a ninety-six (96)
gallon solid waste cart is twenty-four dollars thirty-nine cents ($24.39) per
month.
b. Optional Cart Subscriptions:
1) Optional Carts: In the areas where solid waste carts, owned by the City
for semi-automated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class III premises. Subscribers must
comply with program requirements as approved by the City Manager. The cus-
tomer shall choose the number and size of the cart. The options include thirty-
four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste
carts.
2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart
is fourteen dollars ninety-nine cents ($14.99) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars twenty -two cents
17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars sixty-five cents ($20.65) per month. The fee for a ninety-six (96)
gallon solid waste cart is twenty-nine dollars ($29.00) per month.
3. Termination: 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'
15
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.
4. Recycling Only: Upon approval of an application for City recycling collection a
fee of six dollars ($6.00) per month per unit shall be paid to the City by the property
owner of each Class III premises not serviced by City solid waste collection services
for recycling collection.
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. Oversized, 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 five dollars ($5.00) per month. Such containers shall
be holders for standard trash bags for manual removal by City crews, shall not con-
tain 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. 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).
5. 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 contain-
ers 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. The capacity must be a minimum of
thirty (30) gallons per dwelling unit.
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
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 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
receiving weekly collection at the service address.
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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.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the
owner for each collection requested by the owner to be scheduled for collection of
electronics including one device with an electronic screen (laptops, monitors, TVs,
etc.). An additional fifteen-dollar ($15.00) fee will apply for each additional device
with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019, eff. 7-1-2019)
Section 9. Section 13-6A-8 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation of Yard Waste: Yard waste shall be separated by the owner of a
premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste and food
scraps on such person's own premises, provided the same is stored in such a manner
as to not create a fire, health or safety hazard.
C. Collection Schedule for Yard Waste: Yard waste that has not been composted
shall be collected by the City not more than once each week according to the collection
schedule established by the City Manager.
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-five dollars ($35.00) each
through June 30 of each year. The fee shall be reduced by one -half (1/2) on July 1
of each year and again by one-half (1/2) on September 1 of each year. A decal shall
only be used by the customer of 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 eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out is
twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of leaves in
the parking lane at the curb.
E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap col-
lection program shall set out City owned carts containing food scraps and other com-
postable materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
Customer Class Cart Size Monthly Rates
City refuse customers and K - 12 schools 13 gallons $1.00
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48 gallons $8.00
64 gallons $11.00
Commercial customers without City refuse collection 13 gallons $4.00
48 gallons $15.00
64 gallons $20.00
1. Such carts shall be co-collected with yard waste. The customer shall choose
the number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns. Fail-
ure to use, store or set out the cart properly shall cause the subscription to be ter-
minated.
F. Deposits in Public Rights-Of-Way Prohibited: No person shall deposit any yard
waste or food scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff. 7-1-2016)
Section 10. Section 13-6A-9 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or hauling
solid waste from the premises of another person without a license to do so from the
City Manager. The issuance of such license shall be in the manner prescribed and
subject to the terms of title 4, chapter 1 of this Code. (2007 Code § 40-46)
B. Application for License; Fee: Application for such license shall specify the type of
equipment and vehicles to be used, the routes to be traveled, the places to be served
and the name and residence of the applicant. Such person shall pay, at the Office of
the City Treasurer, an annual license fee of twenty -five dollars ($25.00) per year for
each vehicle engaged in such business. (2007 Code § 40-47)
C. Display of License Number on Vehicle: No person shall operate a vehicle li-
censed under this section unless the license number is prominently displayed on the
lower portion of the driver's side of the windshield in clear view. Such license number
shall be affixed to the vehicle not less than five (5) days after the day of issue. (2007
Code § 40-48)
D. Separability of Provisions: It is the intention of the City Council that each subsec-
tion, paragraph, sentence, clause and provision of this section is separable, and if any
provision is held unconstitutional or invalid for any reason, such decision shall not af-
fect the remainder of this section nor any part thereof other than that affected by such
decision. (2007 Code § 40-50)
Section 11. This ordinance shall take effect on July 1, 2020.
Passed, approved, and adopted this 23rd day of April 2020.
s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 29th day of April 2020.
s/Kevin S. Firnstahl, City Clerk
4. Five-Year Street Construction Program for Fiscal Years 2021 – 2025: Motion by
Resnick to receive and file the documents and adopt Resolution No. 132-20 Adopting the
18
Five-Year Street Construction Program for Fiscal Years 2021-2025. Seconded by
Cavanagh. Motion carried 7-0.
RESOLUTION NO. 132-20
ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL
YEARS 2021 - 2025
Whereas, a recommended Five-Year Street Construction Program for the Fiscal Year
2021 - 2025 beginning July 1, 2020 and ending June 30, 2025, 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 im-
provement 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 2021 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 Dubu-
que.
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 2021 –
2025 beginning July 1, 2020, set out in the Fiscal Years 2021 – 2025 recommended Cap-
ital 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 an-
nual review and revision.
Passed, adopted, and approved this 23rd day of April 2020.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
There being no further business, Mayor Buol declared the meeting adjourned at 7:57
p.m.
s/Kevin S. Firnstahl, CMC, City Clerk