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03 23 23 City Council Proceedings Official_Special Final Budget HearingCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:45 p.m. on March 23, 2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank, Wethal; City Manager Van Milligen; City Attorney Brumwell. Mayor Cavanagh read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session pursuant to Iowa Code Chapter 21.5 and adopt- ing the Fiscal Year 2024 Budget. CLOSED SESSION Motion by Jones to convene in closed session at 5:46 p.m. to discuss Purchase or Sale of Real Estate – Chapter 21.5(1)(j) Code of Iowa. Seconded by Resnick. Mayor Cavanagh stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Brumwell and outside counsel David Grossklaus. Motion carried 7-0. The City Council reconvened in open session at 6:29 p.m. stating that staff had been given proper direction. The City Council recessed until 6:30 p.m. PUBLIC HEARINGS 1. Amended Fiscal Year 2024 Budget Recommendation: Motion by Roussell to receive and file the documents and adopt Resolution No. 76-23 Adopting the City of Dubuque Fiscal Year 2024 Annual Budget; and Resolution No. 77-23 Adopting the City of Dubuque Five Year Capital Improvement Program. Seconded by Sprank. City Manager Van Milligen made a presentation. Ryan Sempf, 300 Main St., Suite 200, provided input in support of increased funding for the targeted small business grant program. City Clerk Breitfelder stated that written input was re- ceived from: Dubuque Area Chamber of Commerce; Jesse Green, 5545 Chicago Ave.; Gail Chavenelle and Bill Dicken, 1155 Kelly Ln.; Clark Schloz, 2925 Burlington St.; Fred Miller; and the Resilient Community Advisory Commission. Responding to a question from the City Coun- cil, Chief Financial Officer Jennifer Larson stated that the city’s recommended total full -time equivalents for Fiscal Year 2024 is 769.02, which includes full -time, part-time, and temporary positions. Responding to a question from the City Council, City Manager Va n Milligen summa- rized the city’s growth over the past 40 years. City Manager Van Milligen stated that there is an additional $23,000 in Fiscal Year 2024 funds due to the Planning Services Department’s rec- ommendation to increase fees. $10,000 of the funding is intended to be spent on historic sur- veys through the Historic Preservation Technical Assistance Program. Assistant City Manager Cori Burbach stated that the remaining $13,000 would be provided to the East Central Inter- governmental Association (ECIA)’s Community Solutions of Eastern Iowa, which provides homelessness and housing instability programming and aligns with the city’s secondary re- sponder model. RESOLUTION NO. 76-23 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2024 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2024, 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 activi- ties for said fiscal year, is adopted as amended. Section 2. The Chief Financial Officer is directed to make the filings required by law. Passed, approved, and adopted this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk RESOLUTION NO. 77-23 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five-year Capital Improvement Program for the period be ginning July 1, 2023, and ending June 30, 2028, for the City of Dubuque has been prepared and sub- mitted to the City Council; and Whereas, the five-year Capital Improvement Program describes specific capital improve- ment 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 2024 budget for the City of Dubuque; and Whereas, the five-year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five-year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the five-year Capital Improvement Program for the period beginning July 1, 2023, set out in the Fiscal Year 2024-2028 Recommended Capital Improvement Budget, is hereby approved, and adopted as 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 March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk City Council members then discussed Council Member Wethal’s request to recommend Fire Department Improvement Package No. 2 for the addition of one full -time Firefighter position. City Council members referenced the pending fire station study to help determine future Fire Department staffing needs and stressed the importance of adequate staffing for the Leisure Services Department, which was the department that Council Member Wethal had suggested eliminating a recommended position to help fund the additional firefighter. City Council Mem- bers also discussed their desire to not increase the maximum property tax rate from the rate recommended by City Manager Van Milligen. It was determined that there was not adequate City Council member support of Council Member Wethal’s request. City Council Members then discussed their desire to have additional community discussion on the Police Department’s Improvement Package No. 2 of an Automated License Plate Reader system in the future. Motion carried 7-0. ACTION ITEMS 1. Recommended Fiscal Year 2024 Dollars and Cents Brochure : Motion by Resnick to receive and file the documents. Seconded by Farber. Motion carried 7 -0. 2. Establishing Water Rates under City of Dubuque Code of Ordinances for Fiscal Year 2024 : 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 Wethal. City Co uncil members stated that the rate increases were necessary for the city to pay its bills. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-23 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, Industrial, and all other uses; and Ordinance No. 12-23 Establishing the City of Dubuque Code of Ordi- nances 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 Wethal. Motion carried 7-0. ORDINANCE NO. 11-23 ESTABLISHING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES, 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 13-1C-1(A) of the City of Dubuque Code of Ordinances, is hereby un- changed, 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, in- dustrial 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 (in Hundreds of Cubic Feet) Charge per Hundred Cubic Feet First 30 $4.50 Next 120 $3.66 Next 350 $3.40 Next 500 $3.00 Over 1,000 $2.67 Monthly Consumption (in Gallons) Charge per Gallon First 22,440 $0.01 Next 89,760 $0.00 Next 261,800 $0.00 Next 374,000 $0.00 Over 748,000 $0.00 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size in Inches Monthly Consumption (In Hundreds of Cubic Feet) Monthly Consumption (In Gallons) Minimum Charge 5/8 2 1,496 $8.93 3/4 5 3,740 $22.33 1 8 5,984 $35.72 1 1/2 26 19,448 $116.10 2 46 34,408 $192.61 3 106 79,288 $412.52 4 168 125,664 $635.32 6 368 275,264 $1,318.99 8 625 467,500 $2,147.02 A property owner shall pay a $50.00 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 $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 $8.93 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2023. Passed, approved, and adopted this 23rd day of March, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk ORDINANCE NO. 12-23 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 DUBU- QUE, IOWA: Section 1. Section 13-1C-2 of the City of Dubuque Code of Ordinances is hereby unchanged, 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 NUMBER OF HEADS MONTHLY CHARGES Up to 200 (minimum) $27.41 200-299 $32.91 300-399 $38.32 400-599 $43.86 600-799 $49.29 800 -999 $54.81 1,000 - 1,199 $60.31 1,200 - 1,399 $65.73 1,400 - 1,599 $71.22 1,600 - 1,799 $76.71 1,800 - 1,999 $82.14 2,000 - 2,199 $87.64 2,200 - 2,399 $93.13 2,400 - 2,599 $98.61 2,600 - 2,799 $104.09 2,800 - 2,900 $109.71 3,000 - 3,499 $115.03 Over 3,500* $5.46 *(for each additional 500 heads or fraction thereof) Section 2. This Ordinance shall take effect July 1, 2023. Passed, approved, and adopted this 23rd day of March, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 3. Establishing Sewer Rates under City of Dubuque Code of Ordinances for Fiscal Year 2024: Motion by Roussell to receive and file the documents and th at 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 Sprank. Motion carried 7 - 0. Motion by Roussell for final consideration and passage of Ordinance No. 13-23 City of Dubu- que Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Ar- ticle C Rates, Section 13-2C-3 Rates Established for Fiscal Year 2024. Seconded by Sprank. Motion carried 7-0. ORDINANCE NO. 13-23 CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13 -2C-3 RATES ES- TABLISHED FOR FISCAL YEAR 2024 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 13-2C-3 of the City of Dubuque Code of Ordinances reads as follows: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as other- wise 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 following rates: . . . . B. Schedule Of Rates: Rate per each 100 cubic feet $6.27 Rate per each gallon 0.00838 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 (Gallons) 5/8 $12.54 200 1,496 3/4 $31.34 500 3,740 1 or larger $50.15 800 5,984 Section 2. This Ordinance shall take effect on the 1st day of July, 2023. Passed, approved, and adopted this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 4. Establishing Stormwater Management Utility Fee Rates under City of Dubuque Code of Ordinances for Fiscal Year 2024: 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 Wethal. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 14-23 Amending City of Dubuque Code of Ordinances Section 13-4-5 (D) SFU Rate, Charges; Utility Revenues. Se- conded by Wethal. Motion carried 7-0. ORDINANCE NO. 14-23 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 DUBU- QUE, IOWA: Section 1. 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 $10.00 per SFU. Section 2. This Ordinance shall take effect on the 1st day of July, 2023. Passed, approved, and adopted this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 5. Establishing Solid Waste Container Requirements, Collection, Rates and Charges under City of Dubuque Code of Ordinances for Fiscal Year 2024 : Motion by Roussell to receive and file the documents and that the requirement that a proposed ordinance be co nsidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Farber. Motion carried 7-0. Motion by Roussell for final consideration and passage of Ordinance No. 15 -23 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6-3 Container Requirements; Collection Restrictions; and 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 Section 13 -6A-8 Yard Waste and Food Scraps. Seconded by Far- ber. Motion carried 7-0. ORDINANCE NO. 15-23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13-6-3 CONTAINER REQUIREMENTS; COLLEC- TION RESTRICTIONS; AND TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, AR- TICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS AND SECTION 13-6A-8 YARD WASTE AND FOOD SCRAPS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. Section 13-6-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS: A. Container Ownership, Refuse and Recycling Containers Provided: 1. Refuse. Any refuse container provided by the City shall be owned by the City. 2. One City owned curbside recycling container shall be provided by the City to each dwelling unit in Class I premises for the collection of recyclable materials. If additional recycling capacity is needed, a second container will be issued, or a City owned recycling tipper cart will be provided. B. Disposal In Containers; Preparation Of Waste For Disposal: Solid wa ste shall be placed in bags secured with tags or otherwise sealed and placed in suitable containers or City owned tipper cart(s). Tree limbs and carpet shall be securely tied in bundles not more than forty-eight inches (48") long and eighteen inches (18") in diameter. C. 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 originally manufactured for refuse or garbage, with tapered sides fo r easy emptying, and shall be of lightweight and sturdy construction. The weight of any individual standard container and its contents shall not exceed forty (40) pounds when utilizing non-City owned containers. 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. Once a City owned trash tipper cart is issued, the tipper cart becomes the only acceptable trash container unless the owner’s container is approved by the City Manager. D. Healthcare Waste: 1. Except for Class II premises, healthcare waste shall be placed in suitable containers separately from all other solid waste. Sharp objects such as hypodermic needles, sy- ringes and lancets shall be securely contained in hard plastic or metal disposable con- tainers with screw on or tightly secured lids for collection. Broken glass and similar ma- terials shall be placed in disposable boxes with a secure closure. Other healthcare waste such as soiled bandages, disposable sheets and medical 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 administration (OSHA) regulations concerning the disposal of potentially infectious wastes. E. Unacceptable Items For Collection: A basket, box or noncomplying solid waste container shall be considered disposable solid waste and shall be removed by the collection 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 collection. F. Large And Bulky Rubbish: Large and bulky rubbish such as furniture and appliances shall not be collected except when a special collection is established by the city manager for the collection of such items. Section 2. 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: 1. Base Fee And Conditions: A fee of fifteen dollars and eighty -three cents ($15.83) 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 col- lection and disposal of one (1) thirty-five (35) gallon can, one (1) thirty-five (35) gallon trash bag, or one (1) 35-gallon City owned tipper cart of “solid waste” as defined in this chapter. There is no limit on the recycling capacity 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 re- quired to be subscribed to in certain alleys, by owners, tenants, and/or property man- agers 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 Man- ager. The customer shall choose the number and size of the cart. The options include a thirty-five (35), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart. (2) Mandatory Alley Fees: The fee for a thirty-five (35) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a sixty-four (64) gallon solid waste cart is seventeen dollars and thirteen cents ($17.13) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty-four dollars and seventy cents ($24.70) per month. b. Optional Cart Subscriptions: (1) Optional Carts: In the areas where solid waste carts, owned by th e 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 comply with program re- quirements as approved by the City Manager. The customer shall choose the number and size of the cart. The options include thirty-five (35), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste carts. (2) Optional Cart Fees: The fee for a thirty-five (35) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a forty-eight (48) gallon solid waste cart is seventeen dollars and seventy-two cents ($17.72) per month. The fee for a sixty-four (64) gallon solid waste cart is twenty-one dollars and twenty-five cents ($21.25) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty-nine dollars and eighty-four cents ($29.84) 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 discre- tion, 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) consec- utive 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 author- ized 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 extreme hardship, as the City Man- ager 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 designee, be exempted from one-half (1/2) the established collection charge. After 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 eligibility. B. Class II Premises: 1. Base Fees And Conditions: A fee of fifteen dollars and eighty-three cents ($15.83) per month shall be paid to the City by the property owner of each Class II premises for such solid waste collection services. Said fee shall be in payment for collection and disposal of one (1) thirty-five (35) gallon can, one (1) thirty-five (35) gallon trash bag, or one (1) thirty five (35) gallon City owned tipper cart of "solid waste" as defined. There is no limit on the recycling capacity allowed to be collected contain ing acceptable "recyclable ma- terials" as defined. 2. Solid Waste Cart Subscriptions: a. Mandatory Subscription Alleys: (1) Carts Required: Alley carts, owned by the City for semiautomated lifting, are re- quired to be subscribed to in certain alleys, by owners, tenants, and/or property man- agers 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 c art. The options include a thirty-five (35), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart. (2) Mandatory Alley Fees: The fee for a thirty-five (35) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a sixty- four (64) gallon solid waste cart is seventeen dollars and thirteen cents ($17.13) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty-four dollars and seventy cents ($24.70) 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 comply with program re- quirements as approved by the City Manager. The customer shall choose the number and size of the cart. The options include thirty-five (35), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste carts. (2) Optional Cart Fees: The fee for a thirty-five (35) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a forty-eight (48) gallon solid waste cart is seventeen dollars and seventy-two cents ($17.72) per month. The fee for a sixty-four (64) gallon solid waste cart is twenty-one dollars and twenty-five cents ($21.25) per month. The fee for a ninety -six (96) gallon solid waste cart is twenty-nine dollars and eighty-four cents ($29.84) 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’ written notice of intent to terminate the service. Such termination of service shall be effective at the be- ginning 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 col- lection. C. Class III Premises: 1. Base Fees And Conditions: A fee of fifteen dollars and eighty-three cents ($15.83) 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) thirty-five (35) gallon can, one (1) thirty-five (35) gallon trash bag, or one (1) thirty five (35) gallon City owned tipper cart of "solid waste" as defined. There is no limit on the recycling capacity 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 re- quired to be subscribed to in certain alleys, by owners, tenants, and/or property man- agers 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 Man- ager. The customer shall choose the number and size of the cart. The options include a thirty-five (35), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart. (2) Mandatory Alley Fees: The fee for a thirty-five (35) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a forty-eight (48) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a sixty-four (64) gallon solid waste cart is seventeen dollars and thirteen cents ($17.13) per month. The fee for a ninety-six (96) gallon solid waste cart is twenty-four dollars and seventy cents ($24.70) 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 re- quirements as approved by the City Manager. The customer shall choose the number and size of the cart. The options include thirty-five (35), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid waste carts. (2) Optional Cart Fees: The fee for a thirty-five (35) gallon solid waste cart is fifteen dollars and eighty-three cents ($15.83) per month. The fee for a forty-eight (48) gallon solid waste cart is seventeen dollars and seventy-two cents ($17.72) per month. The fee for a sixty-four (64) gallon solid waste cart is twenty-one dollars and twenty-five cents ($21.25) per month. The fee for a ninety -six (96) gallon solid waste cart is twenty-nine dollars and eighty-four cents ($29.84) 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’ written notice of intent to terminate the service. Such termination of service shall be effective at the be- ginning 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 proper ty owner of each Class III premises not serviced by City solid waste collection services for recycling col- lection. D. Unit Based Pricing: Collection options and charges under unit-based pricing for Class I, II and III premises are as follows: 1. Official City of Dubuque single-use stickers costing one dollar and fifty cents ($1.50) shall be applied to each additional standard solid waste container or small bulky or bun- dled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 2. 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 Christ- mas, 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 own er shall be as follows: 1. A fee of thirteen dollars ($13.00) 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 thirteen dollars ($13.00) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee of six dollars ($6.00) shall be paid to the City by the owner for each tire. 4. An additional fee of twenty dollars ($20.00) shall be paid to the City by the owner for each large appliance collected in the service (stoves, refrigerators, and dehumidifiers). An additional fee of five dollars ($5.00) shall be paid to the City by the owner for each small appliance collected in the service (toasters and pizza ovens). 5. An additional fee of fifteen dollars ($15.00) 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 receiv- ing weekly collection at the service address. 6. 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 in- cluding 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. An additional fee of five dollars ($5.00) shall be paid to the City by the owner for the collection of small electronics (VCR’s, computer tower, or computer printer). Section 3. Section 13-6A-8 of the City of Dubuque Code of Ordinances is hereby amended to read 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-four (64) 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 and fifty cents ($1.50) 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 forty dollars ($40.00) each. 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 and fifty cents ($1.50) each. 4. The fee paid to the City for subscription to a sixty-four (64) gallon City owned yard waste cart shall be ten dollars ($10.00) 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 collection program shall set out City owned carts containing food scraps and other compostable materials. SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES Customer Class Cart Size Monthly Rates City refuse customers and K – 12 schools 13 gallon $1.00 64 gallon $11.00 Commercial customers without City refuse collection 13 gallon $4.00 64 gallon $20.00 1. Such carts shall be co-collected with yard waste. The customer shall choose the num- ber and size of the cart(s). 2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure to use, store or set out the cart properly shall cause the subscription to be terminated. F. Deposits In Public Rights-Of-Way Prohibited: No person shall deposit any yard waste or food scraps in any public right-of-way. Section 4. This ordinance shall take effect on July 1, 2023. Passed, approved, and adopted this 23rd day of March, 2023. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk 6. Five-Year Street Construction Program for Fiscal Years 2024 – 2028: Motion by Resnick to receive and file the documents and adopt Resolution No. 78-23 Adopting the Five-Year Street Construction Program for Fiscal Years 2024 - 2028. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 78-23 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2024 - 2028 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Year 2024 - 2028 beginning July 1, 2023 and ending June 30, 2028, 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 improve- ment projects; 2) provides estimated costs for those projects; 3) proposes sour ces 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 2024 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 DUBU- QUE, IOWA: Section 1. That the Five-Year Street Construction Program for Fiscal Years 2024 – 2028 beginning July 1, 2023, set out in the Fiscal Years 2024 – 2028 recommended Capital Improve- ment Budget, is hereby approved, and adopted as the proposed allocation of City resources fo r capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, adopted, and approved this 23rd day of March 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk There being no further business, Mayor Cavanagh declared the meeting adjourned at 7:40 p.m. /s/Adrienne N. Breitfelder, CMC, City Clerk