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Solid Waste Collection Fees_Amending Code of Ordinances Section 13-6AMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Revisions to Section 13 -6A of the Code of Ordinances DATE: June 15, 2010 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director Michael C. Van Milligen Dubuque bitil AB- AmeIcaCAy 11111 I 2007 Public Works Director Don Vogt recommends City Council approval of an ordinance amending Section 13 -6A of the Code of Ordinances. Title 13 of the Code of Ordinances is entitled "Public Utilities ". Chapter 6 of Title 13 is entitled "Solid Waste ". Section 13 -6A -6 is entitled "Rates and Charges Established; Exceptions ". Section 13 -6A -8 is entitled "Yard Waste and Food Scraps ". In February, staff recommended revision of paragraphs A, B, C, D and E of Section 13 -6A -6 and paragraph D of Section 13 -6A -8 upon City Council's approval of the proposed solid waste collection service fees for fiscal year 2011. City Council subsequently approved the proposed revisions on March 9th by means of Ordinance No. 16 -10. In early April, the Problem Property Maintenance Task Force recommended changes to Section 13- 6A of the Code of Ordinances unrelated to the fee changes the City Council approved on March 9th. It was recently learned that the Task Force had used the 13 -6A that had been in effect prior to March 9th. As a result, when the City Council approved the Task Force's recommendations and ordinance amendment on April 19th, it inadvertently negated the solid waste collection fee changes that it had approved on March 9th and are still needed to go into effect on July 1st. The attached ordinance restores said fees. I concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager 9 FROM: Don Vogt, Public Works Director � SUBJECT: Proposed Revisions to Section 13 -6A of the Code of Ordinances DATE: June 14, 2010 Dubuque cacn 2007 INTRODUCTION The purpose of this memorandum is to submit to you a proposed ordinance for your review and approval. This ordinance would repeal ordinance 16 -10 and amend subsections A, B, C, D and E of Section 13 -6A -6 and subsection D of Section 13 -6A -8 of the Code of Ordinances. DISCUSSION Title 13 of the Code of Ordinances is entitled "Public Utilities ". Chapter 6 of Title 13 is entitled "Solid Waste ". Section 13 -6A -6 is entitled "Rates and Charges Established; Exceptions ". Section 13 -6A -8 is entitled "Yard Waste and Food Scraps ". In February, staff recommended revision of paragraphs A, B, C, D and E of Section 13 -6A -6 and paragraph D of Section 13 -6A -8 upon City Council's approval of the proposed solid waste collection service fees for fiscal year 2011. City Council subsequently approved the proposed revisions on March 9 by means of Ordinance No. 16 -10. In early April, the Problem Property Maintenance Task Force recommended changes to Section 13- 6A of the Code of Ordinances unrelated to the fee changes the City Council approved on March 9 I recently learned that the Task Force had used the 13 -6A that had been in effect prior to March 9 As a result, when the City Council approved the Task Force's recommendations and ordinance amendment on April 19th, it inadvertently negated the solid waste collection fee changes that it had approved on March 9 and are still needed to go into effect on July 1 The attached ordinance restores said fees. Attached is a copy of Section 13 -6A -6 and Section 13 -6A -8 with the proposed changes noted. Also attached is the recommended ordinance. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance amending Title 13, Chapter 6 of the Code of Ordinances. Attachment Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 31-10 REPEALING CITY OF DUBUQUE ORDINANCE 16 -10, AMENDING TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13 -6A -6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS, SUBSECTIONS A, B, C, D, AND E; AND AMENDING TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13 -6A -8 YARD WASTE AND FOOD SCRAPS, SUBSECTION D 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 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: 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. 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. D. Unit Based Pricing: 4. 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 solid waste containers with permanent identification as to the specific premises. 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 waste. 2. An additional fee of eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. Section 2. Section 13 -6A -8 of the City of Dubuque Code of Ordinances is 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 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 fourteen dollars fifty cents ($14.50) per month with a one -time nonrefundable start up fee of twenty dollars ($20.00). Section 3. This Ordinance shall take effect on the 1 day of July, 2010. Passed, approved and adopted the 2 lstday � of June eanne F. Schneider, City Clerk Roy D. ol, Mayor , 2010. 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: B. Class 11 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. C. Class III Premises: EFFECT OF AMENDMENT 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. D. Unit Based Pricing: 4. 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 solid waste containers with permanent identification as to the specific premises. 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 waste. 2. An additional fee of eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. 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 each year. The fee shall be reduced by one -half ( on July 1 of each year and again by one -half ( 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 fourteen dollars fifty cents ($14.50) per month with a one -time nonrefundable start up fee of twenty dollars ($20.00).