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Code of Ordinance Amendment - Title 13 Public Utilities - Stormwater Copyrig hted March 24, 2021 City of Dubuque Special Meeting Action Items #4. ITEM TITLE: Code of Ordinance Amendment- Title 13 Public Utilities - Stormwater Management Utility Fee Rate Change SUMMARY: ORDINANCE Amending Cityof Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Ordinance Ordinance Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � NFAmariea Cip� D�L a J �sr�n,�i�nx air 1 � i i��' � � Maste iece on the Mississi i Z°°''Z°lztz°13 � pP zoi�*zoi� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Stormwater Management Utility Fee Rate Change DATE: March 17, 2021 INTRODUCTION The purpose of this memo is to outline a recommendation to modify Section 13-4-5 (D) of the Code of Ordinances, thereby adjusting the stormwater utility fee rate as proposed with the Fiscal Year 2022 budget. BACKGROUND In February of 2003, Ordinance 7-03 was passed establishing a Stormwater Management Utility and associated fee. At that time, the Stormwater Management Utility Fee helped fund the administration of the Stormwater Utility, NPDES Compliance Program, Storm Sewer Improvements/Extensions, Stream-bank Stabilization Assistance Program, Detention Basin Maintenance, and Stormwater Ditch Maintenance & Remediation. When the Stormwater Management Utility User Fee Fund was created in Fiscal Year 2004, stormwater management activities were funded from a number of sources: 15% from the stormwater utility fee, 22% from property taxes, 5% from sales tax, and 58% from DRA distribution funds. With the adoption of the FY2009 budget, the Stormwater Management Utility became for the first time a self-supporting enterprise fund; all stormwater management activities are now funded exclusively by the stormwater management utility and permit fees. In March of 2014, the City Council adopted Ordinance 16-14 establishing the Stormwater Management Utility Rates for FY2015 and beyond. In June of 2020, in response to the economic uncertainty associated with the COVID-19 pandemic, the City Council adopted Ordinance 21-20 establishing that the rate would not increase in FY21. Instead, it would remain at the FY20 going forward. DISCUSSION The City has been able to provide stormwater management services within the rate structure established by Ordinance 16-14, adopted in March of 2014 with the FY2015 budget. Per the Ordinance 16-14, the billing rate for the average homeowner was to increase in FY21 by 6.76%, from $8.29 per month to $8.85 per month. However, due to the uncertain economic impacts of the current COVID-19 pandemic, the rate structure was reconsidered for Fiscal Year 2021. It was determined that with some minor adjustments to planned Capital Improvement Program projects, reducing some budgets and delaying a few others, that the City could delay the 6.76% increased planned for FY21. With the adoption of Ordinance 21-20, the rate for the average homeowner was remained at $8.29 for FY21. The recommendation for FY22 is to implement the rate increase previously planned for FY21. The rate would increase from $8.29 per month to $8.85 per month, a 6.76% increase. Table 1 compares the rates adopted in 2012, 2014, and 2020 to the rate proposed with the FY 2022 budget. Table 1. Proposed FY22 Stormwater Management Utility Fee rate versus the rate adopted with the FY2015 bud et. FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 Adopted 2012 $9.00 $9.00 $9.00 $9.00 $9.00 I $9.00 I $9.00 Adopted 2014� $6.81 $7.27 $7.76 $8.29 $8.85 I $9.00 I $9.00 Adopted 20202 $8•29 I $8.29 I $8.29 Proposed I $8.85 I $9.00 RECOMMENDATION I recommend amending the City Code of Ordinances to establish the Stormwater Utility Fee rate for FY22 at $8.85. BUDGETIMPACT The proposed rate change will support the proposed FY22 stormwater management budget. ACTION TO BE TAKEN I respectfully request passing the attached ordinance amending Section 13-4-5 (D) of the City Code of Ordinances to establish the stormwater management utility fee rates at $8.85 for Fiscal Year 2022. Attach. Prepared by Deron Muehring cc: Jenny Larson, Director of Finance and Budget Crenna Brumwell, City Attorney Deron Muehring, Civil Engineer Prepared by Gus Psihoyos, City Engineer, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4276 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 ORDINANCE NO. 10-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13-4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That City of Dubuque Code of Ordinances Section 13-4-5 is amended to read as follows: (D) The SFU rate to be applied to residential and nonresidential properties shall be $8.85 per SFU. Passed, approved and adopted this 24th day of March, 2 21. oy D. Boul, Mayor Attest: Adrienne Breitfelder, CityClerk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 03/31/2021 and for which the charge is 9.80 Subscribed to b1le me, a Notary Pub is/in and for Dubuque County, Iowa, this 31 st day of March, 2021 Notary Public in and for Dubuque County, Iowa. + , SHA.EtON WY''E L.B OR N C;010p1��X�1.1',9&iiaM 149m b W 977408 tr VY �/RI1IYI�Mx E.xp . NOV 10, 2023 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 10-21 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13-4-5 (D) SFU RATE, CHARGES; UTILITY REVENUES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That City of Dubuque Code of Ordinances Section 13-4-5 is amended to read as follows: (D)" The SFU rate to be applied to residential and nonresidential properties shall be $8.85 per SFU. Passed, approved and adopted this 24th day of March, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 31 st day of March 2021. /s/Adrienne N. Breitfelder, City Clerk It 3/31